Keeping children
safe in education
Statutory guidance for schools andcolleges

September 2019

Contents
Summary3

What is the status of this guidance?

3

About this guidance3

Who this guidance is for

4

Part one: Safeguarding information for all staff

5What school and college staff should know and do

5

Indicators of abuse and neglect

8

Part two: The management of safeguarding

17

The responsibility of governing bodies, proprietors and management committees
Part three: Safer recruitment

1730

Recruitment, selection and pre-employment vetting

30

Types of check

33

Part four: Allegations of abuse made against teachers and other staff

53

Duties as an employer and an employee

53

Initial considerations

53

Supporting those involved

56

Managing the situation and exit arrangements

58

Specific actions

63

Part five: Child on Child Sexual Violence and Sexual Harassment

65

Responding to reports of sexual violence and sexual harassment

65

The immediate response to a report

65

Action following a report of sexual violence and/or sexual harassment

67

Ongoing response

73

Annex A: Further information

78

Annex B: Role of the designated safeguarding lead

92

Annex C: Online safety

96

Annex D: Boarding schools, residential special schools, residential colleges and children’s
homes

100

Annex E: Host families - homestay during exchange visits

101

Annex F: Statutory guidance - Regulated activity (children) - Supervision of activity with children
which is regulated activity when unsupervised
104
Annex G: Disclosure and Barring Service checks

107

Annex H: Table of substantive changes from September 20181082

Summary
What is the status of this guidance?
This is statutory guidance from the Department for Education (the department) issued
under Section 175 of the Education Act 2002, the Education (Independent School
Standards) Regulations 2014, and the Non-Maintained Special Schools (England)
Regulations 2015. Schools and colleges in England must have regard to it when carryingout their duties to safeguard and promote the welfare of children. For the purposes of thisguidance children includes everyone under the age of 18.

About this guidance
We use the terms “must” and “should” throughout the guidance. We use the term
“must” when the person in question is legally required to do something and “should”
when the advice set out should be followed unless there is good reason not to.
The guidance should be read alongside:

statutory guidance Working Together to Safeguard Children; and

departmental advice What to do if you are Worried a Child is Being Abused Advice for Practitioners.

Unless otherwise specified:‘school’ means: all schools whether maintained, non-maintained or independent
schools (including academies, free schools and alternative provision academies),
maintained nursery schools1 and pupil referral units.

‘college’ means further education colleges and sixth-form colleges as establishedunder the Further and Higher Education Act 1992 and institutions designated as
being within the further education sector.2 It relates to their responsibilities towards
children who are receiving education or training at the college. It excludes 16-19
academies and free schools (which are required to comply with relevant
safeguarding legislation by virtue of their funding agreement).

1 The Early Years Foundation Stage Framework (EYFS) is mandatory for all early years’ providers. It applies to allschools, including maintained nursery schools that have early years provision. Maintained nursery schools, like theother schools listed under ‘About this guidance’, must have regard to Keeping Children Safe in Education 2018 whencarrying out duties to safeguard and promote the welfare of children (by virtue of section 175(2) of the Education Act
2002 – see footnote 14 for further detail on this requirement).
2 Under section 28 of the Further and Higher Education Act 1992 (‘designated institutions’).

3Who this guidance is forThis statutory guidance should be read and followed by:governing bodies of maintained schools (including maintained nursery schools)
and colleges;

proprietors of independent schools (including academies, free schools andalternative provision academies) and non-maintained special schools. In the caseof academies, free schools and alternative provision academies, the proprietor willbe the academy trust; andmanagement committees of pupil referral units (PRUs).

The above persons should ensure that all staff in their school or college read at least
Part one of this guidance. The above persons should ensure that mechanisms are inplace to assist staff to understand and discharge their role and responsibilities as set out
in Part one of this guidance.
This guidance replaces Keeping Children Safe in Education September 2018.
A table of substantive changes is included at Annex H.

4

Part one: Safeguarding information for all staff
What school and college staff should know and do
A child centred and coordinated approach to safeguarding
1.
Schools and colleges and their staff are an important part of the wider
safeguarding system for children. This system is described in statutory guidance Working
Together to Safeguard Children.
2.
Safeguarding and promoting the welfare of children is everyone’s responsibility.
Everyone who comes into contact with children and their families has a role to play. In
order to fulfil this responsibility effectively, all practitioners should make sure theirapproach is child-centred. This means that they should consider, at all times, what is in
the best interests of the child.
3.
No single practitioner can have a full picture of a child’s needs and circumstances.
If children and families are to receive the right help at the right time, everyone whocomes into contact with them has a role to play in identifying concerns, sharing
information and taking prompt action.
4.
Safeguarding and promoting the welfare of children is defined for the purposes ofthis guidance as: protecting children from maltreatment; preventing impairment of children’s health or development;
 ensuring that children grow up in circumstances consistent with the provision ofsafe and effective care; and taking action to enable all children to have the best outcomes.
5.

Children includes everyone under the age of 18.

The role of school and college staff
6.
School and college staff are particularly important as they are in a position to
identify concerns early, provide help for children, and prevent concerns from escalating.
7.
All staff have a responsibility to provide a safe environment in which children canlearn.

5

8.
All staff should be prepared to identify children who may benefit from early help. 3
Early help means providing support as soon as a problem emerges at any point in achild’s life, from the foundation years through to the teenage years.
9.
Any staff member who has a concern about a child’s welfare should follow thereferral processes set out in paragraphs 36-47. Staff should expect to support social
workers and other agencies following any referral.
10.
Every school and college should have a designated safeguarding lead who will
provide support to staff to carry out their safeguarding duties and who will liaise closelywith other services such as children’s social care.
11.
The designated safeguarding lead (and any deputies) are most likely to have acomplete safeguarding picture and be the most appropriate person to advise on the
response to safeguarding concerns.
12.
The Teachers’ Standards 2012 state that teachers (which includes headteachers)
should safeguard children’s wellbeing and maintain public trust in the teaching profession
as part of their professional duties.4

What school and college staff need to know
13.
All staff should be aware of systems within their school or college which support
safeguarding and these should be explained to them as part of staff induction. Thisshould include the:

child protection policy;



behaviour policy;5

staff behaviour policy (sometimes called a code of conduct);

safeguarding response to children who go missing from education; androle of the designated safeguarding lead (including the identity of the designatedsafeguarding lead and any deputies).

3 Detailed information on early help can be found in Chapter 1 of Working Together to Safeguard Children.
4 The Teachers' Standards apply to: trainees working towards QTS; all teachers completing their statutory induction

period (newly qualified teachers [NQTs]); and teachers in maintained schools, including maintained special schools,
who are subject to the Education (School Teachers’ Appraisal) (England) Regulations 2012.
5 All schools are required to have a behaviour policy (full details are here). If a college chooses to have a behaviour
policy it should be provided to staff as described above.

6

Copies of policies and a copy of Part one of this document should be provided to staff at
induction.
14.
All staff should receive appropriate safeguarding and child protection training
which is regularly updated. In addition, all staff should receive safeguarding and childprotection updates (for example, via email, e-bulletins and staff meetings), as required,and at least annually, to provide them with relevant skills and knowledge to safeguard
children effectively.
15.
All staff should be aware of their local early help6 process and understand theirrole in it.
16.
All staff should be aware of the process for making referrals to children’s social
care and for statutory assessments under the Children Act 1989, especially section 17(children in need) and section 47 (a child suffering, or likely to suffer, significant harm)that may follow a referral, along with the role they might be expected to play in suchassessments.7
17.
All staff should know what to do if a child tells them he/she is being abused orneglected. Staff should know how to manage the requirement to maintain an appropriate
level of confidentiality. This means only involving those who need to be involved, such as
the designated safeguarding lead (or a deputy) and children’s social care. Staff should
never promise a child that they will not tell anyone about a report of abuse, as this may
ultimately not be in the best interests of the child.

What school and college staff should look out for
Early help
18.
Any child may benefit from early help, but all school and college staff should beparticularly alert to the potential need for early help for a child who:








is disabled and has specific additional needs;
has special educational needs (whether or not they have a statutory Education,
Health and Care Plan);is a young carer;is showing signs of being drawn in to anti-social or criminal behaviour, including
gang involvement and association with organised crime groups;
is frequently missing/goes missing from care or from home;
is at risk of modern slavery, trafficking or exploitation;

6 Detailed information on early help can be found in Chapter 1 of Working Together to Safeguard Children.
7 More information on statutory assessments is included at paragraph 42. Detailed information on statutory

assessments can be found in Chapter 1 of Working Together to Safeguard Children.

7







is at risk of being radicalised or exploited;is in a family circumstance presenting challenges for the child, such as drug andalcohol misuse, adult mental health issues and domestic abuse;is misusing drugs or alcohol themselves;
has returned home to their family from care; andis a privately fostered child.

Abuse and neglect
19.
Knowing what to look for is vital to the early identification of abuse and neglect. All
staff should be aware of indicators of abuse and neglect so that they are able to identify
cases of children who may be in need of help or protection. If staff are unsure, theyshould always speak to the designated safeguarding lead (or deputy).
20.
All school and college staff should be aware that abuse, neglect and safeguarding
issues are rarely stand-alone events that can be covered by one definition or label. In
most cases, multiple issues will overlap with one another.
Indicators of abuse and neglect
21.
Abuse: a form of maltreatment of a child. Somebody may abuse or neglect a childby inflicting harm or by failing to act to prevent harm. Children may be abused in a family
or in an institutional or community setting by those known to them or, more rarely, byothers. Abuse can take place wholly online, or technology may be used to facilitate offline
abuse. Children may be abused by an adult or adults or by another child or children.
22.
Physical abuse: a form of abuse which may involve hitting, shaking, throwing,poisoning, burning or scalding, drowning, suffocating or otherwise causing physical harm
to a child. Physical harm may also be caused when a parent or carer fabricates thesymptoms of, or deliberately induces, illness in a child.
23.
Emotional abuse: the persistent emotional maltreatment of a child such as tocause severe and adverse effects on the child’s emotional development. It may involve
conveying to a child that they are worthless or unloved, inadequate, or valued only
insofar as they meet the needs of another person. It may include not giving the child
opportunities to express their views, deliberately silencing them or ‘making fun’ of what
they say or how they communicate. It may feature age or developmentally inappropriate
expectations being imposed on children. These may include interactions that are beyonda child’s developmental capability as well as overprotection and limitation of explorationand learning, or preventing the child from participating in normal social interaction. It may
involve seeing or hearing the ill-treatment of another. It may involve serious bullying(including cyberbullying), causing children frequently to feel frightened or in danger, orthe exploitation or corruption of children. Some level of emotional abuse is involved in all
types of maltreatment of a child, although it may occur alone.
8

24.
Sexual abuse: involves forcing or enticing a child or young person to take part insexual activities, not necessarily involving a high level of violence, whether or not thechild is aware of what is happening. The activities may involve physical contact, including
assault by penetration (for example rape or oral sex) or non-penetrative acts such as
masturbation, kissing, rubbing and touching outside of clothing. They may also include
non-contact activities, such as involving children in looking at, or in the production of,sexual images, watching sexual activities, encouraging children to behave in sexually
inappropriate ways, or grooming a child in preparation for abuse. Sexual abuse can takeplace online, and technology can be used to facilitate offline abuse. Sexual abuse is not
solely perpetrated by adult males. Women can also commit acts of sexual abuse, as canother children. The sexual abuse of children by other children is a specific safeguarding
issue in education (see paragraph 27).
25.
Neglect: the persistent failure to meet a child’s basic physical and/or psychologicalneeds, likely to result in the serious impairment of the child’s health or development.
Neglect may occur during pregnancy, for example, as a result of maternal substanceabuse. Once a child is born, neglect may involve a parent or carer failing to: provide
adequate food, clothing and shelter (including exclusion from home or abandonment);
protect a child from physical and emotional harm or danger; ensure adequate supervision(including the use of inadequate care-givers); or ensure access to appropriate medicalcare or treatment. It may also include neglect of, or unresponsiveness to, a child’s basic
emotional needs.
Safeguarding issues
26.
All staff should have an awareness of safeguarding issues that can put children at
risk of harm. Behaviours linked to issues such as drug taking, alcohol abuse, deliberately
missing education and sexting (also known as youth produced sexual imagery) put
children in danger.
Peer on peer abuse
27.
All staff should be aware that children can abuse other children (often referred toas peer on peer abuse). This is most likely to include, but may not be limited to: bullying (including cyberbullying);
 physical abuse such as hitting, kicking, shaking, biting, hair pulling, or otherwise
causing physical harm; sexual violence,8 such as rape, assault by penetration and sexual assault;

8 For further information about sexual violence see Annex A.

9 sexual harassment,9 such as sexual comments, remarks, jokes and online sexual
harassment, which may be stand-alone or part of a broader pattern of abuse; upskirting,10 which typically involves taking a picture under a person’s clothing
without them knowing, with the intention of viewing their genitals or buttocks toobtain sexual gratification, or cause the victim humiliation, distress or alarm; sexting (also known as youth produced sexual imagery); and initiation/hazing type violence and rituals.
28.
All staff should be clear as to the school’s or college’s policy and procedures withregards to peer on peer abuse.
Serious violence29.
All staff should be aware of indicators, which may signal that children are at risk
from, or are involved with serious violent crime. These may include increased absencefrom school, a change in friendships or relationships with older individuals or groups, asignificant decline in performance, signs of self-harm or a significant change in wellbeing,or signs of assault or unexplained injuries. Unexplained gifts or new possessions could
also indicate that children have been approached by, or are involved with, individuals
associated with criminal networks or gangs.
30.
All staff should be aware of the associated risks and understand the measuresin place to manage these. Advice for schools and colleges is provided in the Home
Office’s Preventing youth violence and gang involvement and its Criminal exploitation ofchildren and vulnerable adults: county lines guidance11.
Female Genital Mutilation
31.
Whilst all staff should speak to the designated safeguarding lead (or deputy) withregard to any concerns about female genital mutilation (FGM), there is a specific legal
duty on teachers.12 If a teacher, in the course of their work in the profession, discovers
that an act of FGM appears to have been carried out on a girl under the age of 18, theteacher must report this to the police. See Annex A for further details.
Contextual safeguarding
32.
Safeguarding incidents and/or behaviours can be associated with factors outside
the school or college and/or can occur between children outside the school or college. All
staff, but especially the designated safeguarding lead (and deputies) should beconsidering the context within which such incidents and/or behaviours occur. This is

9 For further information about sexual harassment see Annex A.
10 For further information about ‘upskirting’ see Annex A.
11 For further information about violent crime see Annex A.
12 Under Section 5B(11) (a) of the Female Genital Mutilation Act 2003, “teacher” means, in relation to England, aperson within section 141A(1) of the Education Act 2002 (persons employed or engaged to carry out teaching work at
schools and other institutions in England).

10

known as contextual safeguarding, which simply means assessments of children should
consider whether wider environmental factors are present in a child’s life that are a threat
to their safety and/or welfare. Children’s social care assessments should consider suchfactors so it is important that schools and colleges provide as much information as
possible as part of the referral process. This will allow any assessment to consider all theavailable evidence and the full context of any abuse. Additional information regarding
contextual safeguarding is available here: Contextual Safeguarding.
Additional information and support
33.
Departmental advice What to Do if You Are Worried a Child is Being Abused Advice for Practitioners provides more information on understanding and identifying
abuse and neglect. Examples of potential indicators of abuse and neglect are highlighted
throughout the advice and will be particularly helpful for school and college staff. The
NSPCC website also provides useful additional information on abuse and neglect andwhat to look out for.
34.
Annex A contains important additional information about specific forms of abuse
and safeguarding issues. School and college leaders and those staff who work directlywith children should read the annex.

What school and college staff should do if they have concerns about achild
35. Staff working with children are advised to maintain an attitude of ‘it could happen
here’ where safeguarding is concerned. When concerned about the welfare of a child,
staff should always act in the best interests of the child.
36.
If staff have any concerns about a child’s welfare, they should act on them
immediately. See page 16 for a flow chart setting out the process for staff when they
have concerns about a child.
37.
If staff have a concern, they should follow their own organisation’s child protection
policy and speak to the designated safeguarding lead (or deputy).
38.

Options will then include: managing any support for the child internally via the school’s or college’s own
pastoral support processes;
 an early help assessment;13 or

13 Further information on early help assessments, provision of early help services and accessing services is in Chapter

1 of Working Together to Safeguard Children.

11 a referral for statutory services,14 for example as the child might be in need, is inneed or suffering or likely to suffer harm.
39.
The designated safeguarding lead or a deputy should always be available todiscuss safeguarding concerns. If in exceptional circumstances, the designatedsafeguarding lead (or deputy) is not available, this should not delay appropriate action
being taken. Staff should consider speaking to a member of the senior leadership team
and/or take advice from local children’s social care. In these circumstances, any action
taken should be shared with the designated safeguarding lead (or deputy) as soon as ispractically possible.
40.
Staff should not assume a colleague or another professional will take action andshare information that might be critical in keeping children safe. They should be mindfulthat early information sharing is vital for effective identification, assessment andallocation of appropriate service provision. Information Sharing: Advice for Practitioners
Providing Safeguarding Services to Children, Young People, Parents and Carers
supports staff who have to make decisions about sharing information. This advice
includes the seven golden rules for sharing information and considerations with regard to
the Data Protection Act 2018 and General Data Protection Regulation (GDPR). If in any
doubt about sharing information, staff should speak to the designated safeguarding leador a deputy. Fears about sharing information must not be allowed to stand in the way of
the need to promote the welfare, and protect the safety of children.
Early help
41.
If early help is appropriate, the designated safeguarding lead (or deputy) will
generally lead on liaising with other agencies and setting up an inter-agency assessment
as appropriate. Staff may be required to support other agencies and professionals in an
early help assessment, in some cases acting as the lead practitioner. Any such cases
should be kept under constant review and consideration given to a referral to children’ssocial care for assessment for statutory services, if the child’s situation does not appear
to be improving or is getting worse.
Statutory assessments
42.
Where a child is suffering, or is likely to suffer from harm, it is importantthat a referral to children’s social care (and if appropriate the police) is madeimmediately. Referrals should follow the local referral process.

14 Chapter 1 of Working Together to Safeguard Children sets out that the safeguarding partners should publish athreshold document that should include the criteria, including the level of need, for when a case should be referred to
local authority children’s social care for assessment and for statutory services under section 17 and 47. Local
authorities, with their partners, should develop and publish local protocols for assessment. A local protocol should set
out clear arrangements for how cases will be managed once a child is referred into local authority children’s social
care.

12

Children in need
A child in need is defined under the Children Act 1989 as a child who is unlikely toachieve or maintain a reasonable level of health or development, or whose health anddevelopment is likely to be significantly or further impaired, without the provision ofservices; or a child who is disabled. Local authorities are required to provide services forchildren in need for the purposes of safeguarding and promoting their welfare. Children inneed may be assessed under section 17 of the Children Act 1989.
Children suffering or likely to suffer significant harm
Local authorities, with the help of other organisations as appropriate, have a duty tomake enquiries under section 47 of the Children Act 1989 if they have reasonable cause
to suspect that a child is suffering, or is likely to suffer, significant harm. Such enquiries
enable them to decide whether they should take any action to safeguard and promote thechild’s welfare and must be initiated where there are concerns about maltreatment,
including all forms of abuse and neglect, female genital mutilation or other so-calledhonour based violence, and extra-familial threats like radicalisation and sexual
exploitation.
43.
The online tool Report Child Abuse to Your Local Council directs to the relevant
local children’s social care contact number.
What will the local authority do?
44.
Within one working day of a referral being made, a local authority social worker
should acknowledge receipt to the referrer and make a decision about the next steps andthe type of response that is required. This will include determining whether: the child requires immediate protection and urgent action is required; the child is in need, and should be assessed under section 17 of the Children Act
1989; there is reasonable cause to suspect the child is suffering or likely to suffer
significant harm, and whether enquiries must be made and the child assessed
under section 47 of the Children Act 1989;
 any services are required by the child and family and what type of services
 further specialist assessments are required to help the local authority to decide
what further action to take; to see the child as soon as possible if the decision is taken that the referral
requires further assessment.
45.

The referrer should follow up if this information is not forthcoming.

46.
If social workers decide to carry out a statutory assessment, staff should do
everything they can to support that assessment (supported by the designatedsafeguarding lead (or deputy) as required).

13

47.
If, after a referral, the child’s situation does not appear to be improving, the referrer
should consider following local escalation procedures to ensure their concerns have beenaddressed and, most importantly, that the child’s situation improves.

Record keeping48.
All concerns, discussions and decisions made, and the reasons for thosedecisions, should be recorded in writing. If in doubt about recording requirements, staff
should discuss with the designated safeguarding lead (or deputy).

Why is all of this important?
49.
It is important for children to receive the right help at the right time to address risks
and prevent issues escalating. Research and serious case reviews have repeatedly
shown the dangers of failing to take effective action.15 Examples of poor practice include:








failing to act on and refer the early signs of abuse and neglect;poor record keeping;
failing to listen to the views of the child;
failing to re-assess concerns when situations do not improve;not sharing information;
sharing information too slowly; anda lack of challenge to those who appear not to be taking action.

What school and college staff should do if they have concerns aboutanother staff member who may pose a risk of harm to children
50.
If staff have safeguarding concerns, or an allegation is made about anothermember of staff (including volunteers) posing a risk of harm to children, then: this should be referred to the headteacher or principal;
 where there are concerns/allegations about the headteacher or principal, thisshould be referred to the chair of governors, chair of the management committee
or proprietor of an independent school; and in the event of concerns/allegations about the headteacher, where theheadteacher is also the sole proprietor of an independent school, allegations
should be reported directly to the designated officer(s) at the local authority.
(Further details can be found in Part four of this guidance).

15

An analysis of serious case reviews can be found at Serious case reviews, 2011 to 2014.

14

What school or college staff should do if they have concerns aboutsafeguarding practices within the school or college
51.
All staff and volunteers should feel able to raise concerns about poor or unsafe
practice and potential failures in the school’s or college’s safeguarding regime, and knowthat such concerns will be taken seriously by the senior leadership team.
52.
Appropriate whistleblowing procedures should be put in place for such concerns
to be raised with the school’s or college’s senior leadership team.
53.
Where a staff member feels unable to raise an issue with their employer, or feelsthat their genuine concerns are not being addressed, other whistleblowing channels may
be open to them:

general guidance on whistleblowing can be found via: Advice on Whistleblowing;
andthe NSPCC’s what you can do to report abuse dedicated helpline is available as analternative route for staff who do not feel able to raise concerns regarding childprotection failures internally or have concerns about the way a concern is being
handled by their school or college. Staff can call 0800 028 0285 – line is available
from 8:00 AM to 8:00 PM, Monday to Friday and email: help@nspcc.org.uk.16

16 Alternatively, staff can write to: National Society for the Prevention of Cruelty to Children (NSPCC), Weston House,

42 Curtain, Road, London EC2A 3NH.

15

Actions where there are concerns about a child
Staff have concerns about childand take immediate action. Staff
follow their child protection policy
and speak to designatedsafeguarding lead (1)Referral not required,school/college takes
relevant action,
possibly including
pastoral support
and/or early help (2)and monitors locally

Referral (3)made ifconcerns
escalate

School/college action
Other agency action

Designatedsafeguarding lead or
staff make referral(3) to children’ssocial care (and callpolice if
appropriate)

Within 1 working day, social worker makes decision about the type of response that is requiredChild in needof immediate
protection:referrer
informed

Section 47 (4)enquiries
appropriate:referrer
informed

Section 17 (4)enquiries
appropriate:referrer
informed

No formal
assessment
required:referrer
informed

Appropriate
emergency
action taken
by social
worker, police
or NSPCC (5)Identify childat risk ofsignificant
harm (4):possible childprotection
plan

Identify child in
need (4) andidentify
appropriate
supportSchool/college
considerspastoral support
and/or early help
assessment (2)accessinguniversal services
and other support

Staff should do everything they can to support social workers.
At all stages, staff should keep the child’s circumstances under review (involving the designatedsafeguarding lead (or deputies) as required), and re-refer if appropriate, to ensure the child’s
circumstances improve – the child’s best interests must always come first(1) In cases which also involve a concern or an allegation of abuse against a staff member, see Part four of
this guidance.
(2) Early help means providing support as soon as a problem emerges at any point in a child’s life. Where achild would benefit from co-ordinated early help, an early help inter-agency assessment should be arranged.
Chapter one of Working Together to Safeguard Children provides detailed guidance on the early help process.
(3) Referrals should follow the process set out in the local threshold document and local protocol forassessment. Chapter one of Working Together to Safeguard Children.
(4) Under the Children Act 1989, local authorities are required to provide services for children in need for the
purposes of safeguarding and promoting their welfare. Children in need may be assessed under section 17 of
the Children Act 1989. Under section 47 of the Children Act 1989, where a local authority has reasonablecause to suspect that a child is suffering or likely to suffer significant harm, it has a duty to make enquiries todecide whether to take action to safeguard or promote the child’s welfare. Full details are in Chapter one ofWorking Together to Safeguard Children.
(5) This could include applying for an Emergency Protection Order (EPO).

16

Part two: The management of safeguarding
The responsibility of governing bodies, proprietors andmanagement committees
Legislation and the law
54.
Governing bodies and proprietors17 (in Part two, unless otherwise stated,
includes management committees) must ensure that they comply with their duties underlegislation. They must have regard to this guidance, ensuring that policies, procedures
and training in their schools or colleges are effective and comply with the law at all
times.18
55.
Governing bodies and proprietors should have a senior board level (orequivalent) lead to take leadership responsibility for their school’s or college’s
safeguarding arrangements.19

Safeguarding policies and procedures
56.
Governing bodies and proprietors should ensure there are appropriate policies
and procedures in place in order for appropriate action to be taken in a timely manner tosafeguard and promote children’s welfare.
57.

This should include:Individual schools and colleges having an effective child protection policy. The
child protection policy should describe procedures which are in accordance withgovernment guidance and refer to locally agreed multi-agency safeguarding
arrangements put in place by the three safeguarding partners. It should be

17 In the case of academies, free schools and alternative provision academies the proprietor will be the academy trust.
18 Section 175 of the Education Act 2002 requires governing bodies of maintained schools and colleges, in relation totheir functions relating to the conduct of the school or the institution to make arrangements for ensuring that suchfunctions are exercised with a view to safeguarding and promoting the welfare of children who are either pupils at theschool or are receiving education or training at the institution. The Education (Independent School Standards)
Regulations 2014 apply a duty to proprietors of independent schools (which in the case of academies and free schools
is the academy trust) to ensure that arrangements are made to safeguard and promote the welfare of children. The
Non-Maintained Special Schools (England) Regulations 2015 oblige non-maintained special schools to comply withcertain requirements as a condition of their approval and whilst approved by the Secretary of State. One condition of
approval is that the proprietor must make arrangements for safeguarding and promoting the health, safety and welfareof pupils, which have regard to any guidance including where appropriate, the National Minimum Standards, aboutsafeguarding and promoting the health, safety and welfare of pupils and, in the case of schools already approved, thatthese arrangements at the school with respect to these matters are in accordance with the approval given by the
Secretary of State. For colleges, non-maintained special schools and independent schools: the definition of ‘children’
applies to the statutory responsibilities for safeguarding and promoting the welfare of children i.e. those under 18.
19 Chapter 2 of Working Together to Safeguard Children.

17

updated annually (as a minimum), and be available publicly either via the schoolor college website or by other means.


A staff behaviour policy (sometimes called the code of conduct) which should,
amongst other things, include: acceptable use of technologies, staff/pupil
relationships and communications including the use of social media.20

Governing bodies and proprietors should put in place appropriate safeguarding
responses to children who go missing from education, particularly on repeat
occasions, to help identify the risk of abuse and neglect, including sexual abuse or
exploitation, and to help prevent the risk of them going missing in future.


Where reasonably possible, schools and colleges should hold more than
one emergency contact number for each pupil or student. This goes beyond
the legal minimum21 and is good practice to give the school or college
additional options to make contact with a responsible adult when a childmissing education is also identified as a welfare and/or safeguarding
concern. Further information for schools can be found in the department’s
School Attendance Guidance.

Further information on schools’ duties regarding children missing education,
including information schools must provide to the local authority whenremoving a child from the school roll at standard and non-standardtransition points can be found in the department’s statutory guidance:
Children Missing Education.

Further information for colleges providing education for a child ofcompulsory school age can be found in: Full-time-Enrolment of 14 to 16
year olds in Further Education and Sixth Form Colleges.

General information and advice for schools and colleges can be found in
the Government’s Missing Children and Adults Strategy.

58.
The above is not intended to be an exhaustive list. These policies andprocedures, along with Part one of this guidance and information regarding the role andidentity of the designated safeguarding lead (and any deputies), should be provided to all
staff on induction.
59.

Governing bodies and proprietors should take a proportionate risk-based

20 When drafting the staff behaviour policy, schools and colleges should bear in mind the offence under section 16 of

The Sexual Offences Act 2003, which provides that it is an offence for a person aged 18 or over (e.g. teacher, youth
worker) to have a sexual relationship with a child under 18 where that person is in a position of trust in respect of thatchild, even if the relationship is consensual. A situation where a person is in a position of trust could arise where thechild is in full-time education and the person looks after children under 18 in the same establishment as the child, even
if s/he does not teach the child.
21 legislation.gov.uk.

18

approach to the level of information that is provided to temporary staff and volunteers.
60.
Headteachers and principals should ensure that the above policies andprocedures, adopted by governing bodies and proprietors, and particularly concerningreferrals of cases of suspected abuse and neglect, are followed by all staff.

The designated safeguarding lead
61.
Governing bodies and proprietors should ensure an appropriate senior memberof staff, from the school or college leadership team, is appointed to the role ofdesignated safeguarding lead. The designated safeguarding lead should take lead
responsibility for safeguarding and child protection. This should be explicit in the roleholder’s job description (see Annex B, which describes the broad areas of responsibility
and activities related to the role).
62.
It is a matter for individual schools and colleges as to whether they choose tohave one or more deputy designated safeguarding leads. Any deputies should be trained
to the same standard as the designated safeguarding lead.
63.
Whilst the activities of the designated safeguarding lead can be delegated toappropriately trained deputies, the ultimate lead responsibility for safeguarding andchild protection, as set out above, remains with the designated safeguarding lead. This
responsibility should not be delegated.
64.
The designated safeguarding lead and any deputies should liaise with the threesafeguarding partners and work with other agencies in line with Working Together to
Safeguard Children.
65.
During term time, the designated safeguarding lead and/or a deputy should
always be available (during school or college hours) for staff in the school or college todiscuss any safeguarding concerns. It is a matter for individual schools and colleges andthe designated safeguarding lead to arrange adequate and appropriate coverarrangements for any out of hours/out of term activities.
66.
The designated safeguarding lead and any deputies should undergo training toprovide them with the knowledge and skills required to carry out the role. The training
should be updated every two years.
67.
In addition to their formal training as set out above, their knowledge and skills
should be updated (for example via e-bulletins, meeting other designated safeguarding
leads, or taking time to read and digest safeguarding developments), at regular intervals,
and at least annually, to keep up with any developments relevant to their role.

19

Multi-agency working22
68.
Schools and colleges have a pivotal role to play in multi-agency safeguarding
arrangements. Governing bodies and proprietors should ensure that the school or college
contributes to multi-agency working in line with statutory guidance Working Together to
Safeguard Children. It is especially important that schools and colleges understand theirrole in the new safeguarding partner arrangements.
69.
New safeguarding partners and child death review partner arrangements are to be inplace by 29 September 2019. Locally, the three safeguarding partners (the local authority;a clinical commissioning group for an area within the local authority; and the chief officerof police for a police area in the local authority area) will make arrangements to work
together with appropriate relevant agencies to safeguard and promote the welfare of local
children, including identifying and responding to their needs.
70.
Governing bodies, proprietors, management committees and their seniorleadership teams, especially their designated safeguarding leads, should makethemselves aware of and follow their new local arrangements.
71.
The three safeguarding partners have a shared and equal duty to work together tosafeguard and promote the welfare of children. To fulfil this role they must set out how
they will work together and with any relevant agencies.23 Relevant agencies are thoseorganisations and agencies whose involvement that the three safeguarding partners
consider may be required to safeguard and promote the welfare of children with regard to
local need. The three safeguarding partners must set out in their published arrangements
which organisations and agencies they will be working with and the expectations placedon any agencies and organisations by the new arrangements.
72.
The three safeguarding partners should make arrangements to allow all schools(including multi-academy trusts) and colleges in the local area to be fully engaged,
involved and included in the new safeguarding arrangements. It is expected that, locally,
the three safeguarding partners will name schools and colleges as relevant agencies andwill reach their own conclusions on how best to achieve the active engagement of
individual institutions in a meaningful way.

22 The department

published Working Together Transitional Statutory Guidance to support Local Safeguarding
Children Boards (LSCBs), the new safeguarding and child death review partners, and the new Child Safeguarding
Practice Review Panel in the transition from LSCBs and serious case reviews (SCRs) to a new system of multi-agency
arrangements and local and national child safeguarding practice reviews. Locally, the three safeguarding partners (thelocal authority; a clinical commissioning group for an area within the local authority; and the chief officer of police for apolice area in the local authority area) must make arrangements to work together to safeguard and promote thewelfare of local children, including identifying and responding to their needs. Governing bodies, proprietors,
management committees and their senior leadership teams, especially their designated safeguarding leads, should beaware of their local arrangements.
23 A list of relevant agencies is available at:legislation.gov.uk. Schools and colleges are included.

20

73.
If named as a relevant agency, schools and colleges, in the same way as otherrelevant agencies, are under a statutory duty to co-operate with the publishedarrangements.
74.
Governing bodies and proprietors should understand the local criteria for action24
and the local protocol for assessment25 and ensure they are reflected in their own
policies and procedures. They should also be prepared to supply information asrequested by the three safeguarding partners.26
75.
Schools and colleges should work with social care, the police, health services
and other services to promote the welfare of children and protect them from harm. This
includes providing a coordinated offer of early help when additional needs of children are
identified, and contributing to inter-agency plans to provide additional support to children
subject to child protection plans. All schools and colleges should allow access forchildren’s social care from the host local authority and, where appropriate, from a placing
local authority, for that authority to conduct, or to consider whether to conduct, a section
17 or a section 47 assessment.

Information sharing
76.
Information sharing is vital in identifying and tackling all forms of abuse andneglect. As part of meeting a child’s needs, it is important for governing bodies andproprietors to recognise the importance of information sharing between practitioners andlocal agencies. This should include ensuring arrangements are in place that set out
clearly the process and principles for sharing information within the school or college andwith the three safeguarding partners, other organisations, agencies and practitioners as
required. School and college staff should be proactive in sharing information as early as
possible to help identify, assess and respond to risks or concerns about the safety andwelfare of children, whether this is when problems are first emerging, or where a child isalready known to the local authority children’s social care.
77.
It is important that governing bodies and proprietors are aware that among otherobligations, the Data Protection Act 2018 and the GDPR place duties on organisations
and individuals to process personal information fairly and lawfully and to keep the

24 The safeguarding partners should publish a document which sets out the local criteria for action in a way that istransparent, accessible and easily understood. This should include: the process for the early help assessment and thetype and level of early help services to be provided; the criteria, including level of need, for when a case should bereferred to local authority children’s social care for assessment and for statutory services under section 17, 20, 31 and
47 of the Children Act 1989; and clear procedures and processes for cases relating to the exploitation of children,
children managed within the youth secure estate and disabled children.
25 The local authority, with their partners, should develop and publish local protocols for assessment. Protocols should
set out clear arrangements for how cases will be managed once a referral is made to children’s social care.
26 More details on information requests by the safeguarding partners is provided in Part 3 of Working Together to
Safeguard Children.

21

information they hold safe and secure.
78.
The Data Protection Act 2018 and GDPR do not prevent the sharing of
information for the purposes of keeping children safe. Fears about sharing
information must not be allowed to stand in the way of the need to promote thewelfare and protect the safety of children.
79.
Governing bodies and proprietors should ensure relevant staff have due regard to
the data protection principles, which allow them to share personal information, as
provided for in the Data Protection Act 2018 and the GDPR. Relevant staff should be
confident of the processing conditions under the Data Protection Act 2018 and the GDPR
which allow them to store and share information for safeguarding purposes, including
information which is sensitive and personal, and should be treated as ‘special category
personal data’. Schools should not under the GDPR as supplemented by the Data
Protection Act 2018 provide pupils’ education data where the serious harm test underthat legislation is met. Therefore, in a situation where a child is in a refuge, this could
mean that schools can withhold education data under the GDPR; they should do sowhere the serious harm test is satisfied.
80.
Governing bodies and proprietors should ensure that staff who need to share‘special category personal data’ are aware that the Data Protection Act 2018 contains‘safeguarding of children and individuals at risk’ as a processing condition that allows
practitioners to share information. This includes allowing practitioners to share
information without consent, if it is not possible to gain consent, it cannot be reasonably
expected that a practitioner gains consent, or if to gain consent would place a child at
risk.
81.

Further details on information sharing can be found:

in Chapter one of Working Together to Safeguard Children, which includes amyth-busting guide to information sharing;at Information Sharing: Advice for Practitioners Providing Safeguarding
Services to Children, Young People, Parents and Carers. The seven golden
rules for sharing information will be especially useful; andat The Information Commissioner’s Office (ICO), which includes ICO GDPR
FAQs and guidance from the department.

82.
Where children leave the school or college, the designated safeguarding leadshould ensure their child protection file is transferred to the new school or college assoon as possible, ensuring secure transit, and confirmation of receipt should be obtained.
For schools, this should be transferred separately from the main pupil file. Receiving
schools and colleges should ensure key staff such as designated safeguarding leads and
SENCOs or the named person with oversight for SEN in a college, are aware as required.
83.
In addition to the child protection file, the designated safeguarding lead should also
consider if it would be appropriate to share any information with the new school or college in22

advance of a child leaving. For example, information that would allow the new school orcollege to continue supporting victims of abuse and have that support in place for when thechild arrives.

Staff training
84.
Governing bodies and proprietors should ensure that all staff undergosafeguarding and child protection training (including online safety) at induction. The
training should be regularly updated. Induction and training should be in line with advice
from the local three safeguarding partners.
85.
In addition, all staff should receive regular safeguarding and child protection
updates (for example, via email, e-bulletins, staff meetings) as required, and at least
annually, to provide them with relevant skills and knowledge to safeguard children
effectively.
86.
Governing bodies and proprietors should recognise the expertise staff build byundertaking safeguarding training and managing safeguarding concerns on a daily basis.
Opportunity should therefore be provided for staff to contribute to and shapesafeguarding arrangements and child protection policy.

Online safety87.
As schools and colleges increasingly work online, it is essential that children aresafeguarded from potentially harmful and inappropriate online material. As such,governing bodies and proprietors should ensure appropriate filters and appropriatemonitoring systems are in place. Additional information to support governing bodies andproprietors keep their children safe online is provided in Annex C.

Opportunities to teach safeguarding
88.
Governing bodies and proprietors should ensure that children are taught aboutsafeguarding, including online safety. Schools should consider this as part of providing abroad and balanced curriculum.
89.
This may include covering relevant issues through Relationships Education and
Relationships and Sex Education (formerly known as Sex and Relationship Education),tutorials (in colleges) and/or where delivered, through Personal, Social, Health andEconomic (PSHE) education. The Government has made regulations which will make thesubjects of Relationships Education (for all primary pupils) and Relationships and Sex
Education (for all secondary pupils) and Health Education (for all pupils in state-fundedschools) mandatory from September 2020.
90.
Whilst it is essential that governing bodies and proprietors ensure thatappropriate filters and monitoring systems are in place, they should be careful that “over23blocking” does not lead to unreasonable restrictions as to what children can be taught
with regard to online teaching and safeguarding.

Inspection
91. From September 2019, Ofsted’s inspections of early years, schools and post-16
provision will be carried out under: Ofsted's Education Framework. Inspectors will always
report on whether or not arrangements for safeguarding children and learners are
effective. In addition to the Framework and Inspections Handbooks, Ofsted publishes
specific guidance to inspectors on inspecting safeguarding: Inspecting safeguarding inearly years, education and skills. The Independent Schools Inspectorate (ISI) is approved
to inspect certain independent schools, and will also report on safeguarding
arrangements. ISI has a published framework which informs how they inspect at
Independent Schools Inspectorate.

Safer recruitment
92.
In line with Part three of this guidance, governing bodies and proprietors should
prevent people who pose a risk of harm from working with children by adhering tostatutory responsibilities to check staff who work with children, taking proportionate
decisions on whether to ask for any checks beyond what is required and ensuring
volunteers are appropriately supervised. The school or college should have written
recruitment and selection policies and procedures in place.
93.
The School Staffing (England) Regulations 2009 require governing bodies ofmaintained schools to ensure that at least one of the persons who conducts an interview
has completed safer recruitment training.27 Governing bodies of maintained schools may
choose appropriate training and may take advice from the local three safeguarding
partners in doing so. The training should cover, as a minimum, the content of thisguidance.

What school and college staff should do if they have concerns aboutanother staff member who may pose a risk of harm to children
94.
Governing bodies and proprietors should ensure there are procedures in place (asdescribed in paragraph 35) to manage concerns/allegations, against staff (including
volunteers) that might indicate they would pose a risk of harm to children. Such

27 Regulation 9 of the School Staffing (England) Regulations 2009.

24

allegations should be referred to the designated officer(s) at the local authority by theappropriate person as set out in Part four of this guidance.
95.
There must be procedures in place to make a referral to the Disclosure andBarring Service (DBS) if a person in regulated activity has been dismissed or removed
due to safeguarding concerns, or would have been had they not resigned. 28
96.
This is a legal duty and failure to refer when the criteria are met is a criminal
offence.29 More detail is provided at paragraph 169.

Peer on peer abuse
97.
All staff should recognise that children are capable of abusing their peers. All
staff should be clear about their school’s or college’s policy and procedures with regard
to peer on peer abuse.
98.
Governing bodies and proprietors should ensure that their child protection policy
includes:

procedures to minimise the risk of peer on peer abuse;

how allegations of peer on peer abuse will be recorded, investigated and dealt
with;



clear processes as to how victims, perpetrators and any other child affected bypeer on peer abuse will be supported;a clear statement that abuse is abuse and should never be tolerated or passed off
as “banter”, “just having a laugh” or “part of growing up”;

recognition of the gendered nature of peer on peer abuse (i.e. that it is more likelythat girls will be victims and boys perpetrators), but that all peer on peer abuse isunacceptable and will be taken seriously; andthe different forms peer on peer abuse can take, such as:sexual violence and sexual harassment. Part five of this guidance sets out
how schools and colleges should respond to reports of sexual violence andsexual harassment;

physical abuse such as hitting, kicking, shaking, biting, hair pulling, orotherwise causing physical harm;

sexting (also known as youth produced sexual imagery): the policy should
include the school’s or college’s approach to it. The department provides

28 Section 35 of the Safeguarding Vulnerable Groups Act 2006.
29 Section 38 of the Safeguarding Vulnerable Groups Act 2006.

25

Searching Screening and Confiscation Advice for schools. The UK Council forInternet Safety (UKCIS) Education Group has published Advice for Schools
and Colleges on Responding to Sexting Incidents; and

initiation/hazing type violence and rituals.

The child’s wishes
99.
Where there is a safeguarding concern, governing bodies, proprietors and schoolor college leaders should ensure the child’s wishes and feelings are taken into accountwhen determining what action to take and what services to provide. Systems should be inplace for children to express their views and give feedback. Ultimately, all systems andprocesses should operate with the best interests of the child at heart.

Boarding schools, residential special schools, residential colleges andchildren’s homes
100.
Boarding schools, residential special schools, residential colleges and children’s
homes have additional factors to consider with regard to safeguarding. Schools andcolleges that provide such residential accommodation and/or are registered as children’s
homes should be alert to inappropriate pupil or student relationships and the potential forpeer on peer abuse, particularly in schools and colleges with a significant genderimbalance. Further details can be found at Annex D.

Looked after children and previously looked after children
101.
The most common reason for children becoming looked after30 is as a result of
abuse and/or neglect. Governing bodies and proprietors should ensure that staff have theskills, knowledge and understanding to keep looked after children safe.
102.
In particular, they should ensure that appropriate staff have the information theyneed in relation to a child’s looked after legal status (whether they are looked after undervoluntary arrangements with consent of parents, or on an interim or full care order) andthe child’s contact arrangements with birth parents or those with parental responsibility.
They should also have information about the child’s care arrangements and the levels of
authority delegated to the carer by the authority looking after him/her. The designatedsafeguarding lead31 should have details of the child’s social worker and the name of thevirtual school head in the authority that looks after the child.

30 A child who is looked after by a local authority (referred to as a looked-after-child) as defined in section 22 Children

Act 1989, means a child who is subject to a care order (interim or full care order) or who is voluntarily accommodated
by the local authority.
31 In maintained schools and academies the designated safeguarding lead should work closely with the designatedteacher.

26

103.
A previously looked after child potentially remains vulnerable and all staff shouldhave the skills, knowledge and understanding to keep previously looked after children
safe. When dealing with looked after children and previously looked after children, it isimportant that all agencies work together and prompt action is taken when necessary tosafeguard these children, who are a particularly vulnerable group.

The designated teacher
104.
Governing bodies of maintained schools and proprietors of academies must
appoint a designated teacher32 and should work with local authorities to promote theeducational achievement of registered pupils who are looked after. With thecommencement of sections 4 to 6 of the Children and Social Work Act 2017, designatedteachers have responsibility for promoting the educational achievement of children who
have left care through adoption, special guardianship or child arrangement orders or who
were adopted from state care outside England and Wales.33 The designated teacher
must have appropriate training and the relevant qualifications and experience.34 In otherschools and colleges, an appropriately trained teacher should take the lead.
105.
Statutory guidance contains further information on The Role and Responsibilitiesof the Designated Teacher.

Virtual school heads
106.
Virtual school heads35 manage pupil premium plus for looked after children;36
they receive this funding based on the latest published number of children looked after by
the local authority. In maintained schools and academies, the designated teacher should
work with the virtual school head to discuss how funding can be best used to support the
progress of looked after children in the school and meet the needs identified in the child’s
personal education plan.37 The designated teacher should also work with the virtualschool head to promote the educational achievement of previously looked after children.

32 Section 20 of the Children and Young Persons Act 2008 sets this requirement for maintained schools. Thislegislation and accompanying statutory guidance on the role of designated teacher applies to academies through theirfunding agreements.
33 For the purposes of the role of the virtual school head and designated teacher, under the Children and Social WorkAct 2017, previously looked-after children are those who: are no longer looked after by a local authority in England andWales (as defined by the Children Act 1989 or Part 6 of the Social Services and Well-being (Wales) Act 2014) because
they are the subject of an adoption, special guardianship or child arrangements order; or were adopted from ‘state care’outside England and Wales.
34 Section 20(3) of the Children and Young Persons Act 2008 and regulation 3 of the Designated Teacher (Looked
After Pupils etc) (England) Regulations 2009.
35 Section 22(3B) of the Children Act 1989 requires local authorities in England to appoint at least one person for the
purpose of discharging the local authority’s duty to promote the educational achievement of its looked after children.
That person (known as the virtual school head) must be an officer employed by the authority or another local authority
in England.
36 Pupil premium plus for previously looked after children is managed by their school.
37 All looked after children must have a personal education plan (PEP). This is part of the care plan that the local
authority looking after the child must have in place and review regularly.

27

In other schools and colleges, an appropriately trained teacher should take the lead.
107.
As with designated teachers, following the commencement of sections 4 to 6 of
the Children and Social Work Act 2017, virtual school heads have responsibilities
towards children who have left care through adoption, special guardianship or childarrangement orders or who were adopted from state care outside England or Wales.
Their primary role for this group will be the provision of information and advice to relevant
parties.38
108.
Statutory guidance on Promoting the Education of Looked After Children
contains further information on the roles and responsibilities of virtual school heads.

Care leavers
109.
Local authorities have on-going responsibilities to the young people who cease to
be looked after and become care leavers.39 That includes keeping in touch with them,
preparing an assessment of their needs and appointing a personal adviser who develops
a pathway plan with the young person. This plan describes how the local authority will
support the care leaver to participate in education or training. Designated safeguarding
leads should therefore have details of the local authority Personal Advisor appointed to
guide and support the care leaver, and should liaise with them as necessary regarding
any issues of concern affecting the care leaver.

Children with special educational needs and disabilities
110.
Children with special educational needs (SEN) and disabilities can face
additional safeguarding challenges. Governing bodies and proprietors should ensure
their child protection policy reflects the fact that additional barriers can exist whenrecognising abuse and neglect in this group of children. These can include:

assumptions that indicators of possible abuse such as behaviour, mood and injury
relate to the child’s disability without further exploration;



being more prone to peer group isolation than other children;the potential for children with SEN and disabilities being disproportionally impacted
by behaviours such as bullying, without outwardly showing any signs; andcommunication barriers and difficulties in overcoming these barriers.

38 Any person that has parental responsibility for the child; providers of funded early years education, designatedteachers for previously looked-after children in maintained schools and academies, and any other person the authority
considers appropriate for promoting the educational achievement of relevant children.
39 A care leaver who is 16 or 17 (referred to in legislation as a ‘relevant child’ is defined in section 23A(2) of theChildren Act 1989 as a child who is (a) not looked after (b) aged 16 or 17, and (c) was, before ceasing to be looked
after by a local authority, looked after for a period of 13 weeks, or periods amounting in total to 13 weeks, beginning
after s/he reached the age of 14 and ended after s/he reached the age of 16.

28

To address these additional challenges, schools and colleges should consider extra
pastoral support for children with SEN and disabilities.

The use of ‘reasonable force’ in schools and colleges
111.
There are circumstances when it is appropriate for staff in schools and colleges
to use reasonable force to safeguard children and young people. The term ‘reasonable
force’ covers the broad range of actions used by staff that involve a degree of physicalcontact to control or restrain children. This can range from guiding a child to safety by thearm, to more extreme circumstances such as breaking up a fight or where a young
person needs to be restrained to prevent violence or injury. ‘Reasonable’ in thesecircumstances means ‘using no more force than is needed’. The use of force may involve
either passive physical contact, such as standing between pupils or blocking a pupil’s
path, or active physical contact such as leading a pupil by the arm out of the classroom.
112.
Departmental advice for schools is available at Use of Reasonable Force in
Schools.
113.
The department believes that the adoption of a ‘no contact’ policy at a school orcollege can leave staff unable to fully support and protect their pupils and students. It
encourages headteachers, principals, governing bodies and proprietors to adopt sensible
policies, which allow and support their staff to make appropriate physical contact. The
decision on whether or not to use reasonable force to control or restrain a child is down
to the professional judgement of the staff concerned and should always depend on
individual circumstances.
114.
When using reasonable force in response to risks presented by incidents
involving children with SEN or disabilities or with medical conditions, schools andcolleges should in considering the risks carefully recognise the additional vulnerability ofthese groups. They should also consider their duties under the Equality Act 201040 in
relation to making reasonable adjustments, non-discrimination and their Public Sector
Equality Duty.41 By planning positive and proactive behaviour support, for instancethrough drawing up individual behaviour plans for more vulnerable children, and agreeing
them with parents and carers, schools and colleges can reduce the occurrence ofchallenging behaviour and the need to use reasonable force.

40 Advice for Schools and Advice for Further and Higher Education.

41 Compliance with the Public Sector Equality Duty (PSED) is a legal requirement for schools and colleges that are

public bodies. The Equality and Human Rights Commission provides the following general guidance for schools thatare subject to the PSED.

29

Part three: Safer recruitment
Recruitment, selection and pre-employment vetting
115.
It is vital that schools and colleges create a culture of safe recruitment and, aspart of that, adopt recruitment procedures that help deter, reject or identify people who
might abuse children (see also paragraphs 92-93 about safer recruitment). This part of
the guidance describes in detail those checks that are, or may be required for any
individual working in any capacity at, or visiting the school or college. Governing bodies
and proprietors must act reasonably in making decisions about the suitability of theprospective employee based on checks and evidence, including criminal record checks(Disclosure and Barring Service (DBS) checks), barred list checks and prohibition
checks, together with references and interview information.42
116.
As outlined in this guidance, the level of DBS certificate required, and whether acheck for any prohibition, direction, sanction, or restriction is required (see paragraphs
121-133), will depend on the role that is being offered and duties involved.
117.
As the majority of staff will be engaging in regulated activity, an enhanced DBS
certificate which includes barred list information will be required for most appointments. In
summary, a person will be considered to be engaging in regulated activity if, as a resultof their work, they:will be responsible, on a regular basis (in a school or college) for teaching, training
instructing, caring for or supervising children; orwill carry out paid, or unsupervised unpaid work regularly in a school or college
where that work provides an opportunity for contact with children;43 orengage in intimate or personal care, or overnight activity, even if this happens onlyonce.

A more detailed description of regulated activity is provided at page 32.
118.
For all other staff who have an opportunity for regular contact with children who
are not engaging in regulated activity, an enhanced DBS certificate, which does not

42 Regulations 12 and 24 of the School Staffing (England) Regulations 2009 for maintained schools, apply also to the

management committee of pupil referral units through the Education (Pupil Referral Units) (Application of Enactments)(England) Regulations 2007. Part 4 of the Schedule to the Education (Independent School Standards) (England)
Regulations 2014, applies to independent schools, including free schools and academies. Regulation 3 andparagraphs 4, 5 and 6 of Part 1 and paragraphs 15, 16 and 17 of Part 2 of the Schedule to the Non-Maintained Special
Schools (England) Regulations 2015 apply to non-maintained special schools. Regulation 5 of the Further Education(Providers of Education) (England) Regulations 2006 apply to colleges.
43 Applies to any college that provides, exclusively or mainly, full-time education to children, i.e. persons under theage of 18.

30

include a barred list check, will be appropriate. This would include contractors (seeparagraphs 180-183 for further information about contractors) who would have theopportunity for contact with children and who work under a temporary or occasional
contract.44
119.
In a school or college, a supervised volunteer who regularly teaches or looks
after children is not in regulated activity.45 The government has published separate
statutory guidance on supervision in relation to regulated activity (see Annex F). Whenschools and colleges are considering which checks should be undertaken on volunteers,
they should have regard to that guidance, together with paragraphs 167-172. However,schools and colleges may choose to carry out an enhanced DBS check, without barred
list information, in certain circumstances (see paragraph 171).
120.
In addition to obtaining any DBS certificate as described above, any member ofstaff who is appointed to carry out teaching work will require an additional check toensure they are not prohibited from teaching.46 For those engaged in management roles(in independent schools - including academies and free schools) an additional check isrequired to ensure they are not prohibited under section 128 provisions.47 See the ‘Preappointment checks’ section from page 37.

44 Temporary or occasional is not further defined by legislation. Employers should apply the ordinary meaning of theseterms, i.e. occasional - ‘a particular occasion or on an irregular basis’; temporary services - ‘lasting only for a limited
period, not permanent’.
45 ‘Supervised’ and ‘unsupervised’ have a particular meaning in relation to regulated activity.
46 The Teachers’ Disciplinary (England) Regulations 2012 apply to schools and sixth form colleges and any personthat is subject to a prohibition order is prohibited from carrying out teaching work in those establishments. By virtueof their Conditions of Funding in respect of funding received from the Education and Skills Funding Agency, before
employing a person to carry out teaching work in relation to children, colleges must take reasonable steps toestablish whether that person is subject to a prohibition order made under section 141B of the Education Act 2002,
and may not employ or engage a person who is subject to a prohibition order in such a role. The School Staffing(England) Regulations 2009, the Non-Maintained Special Schools (England) Regulations 2015 and the Education(Independent School Standards) Regulations 2014 require governing bodies or proprietors to check that a person
to be appointed is not subject to an interim prohibition order.
47 Section 128 of the Education and Skills Act 2008 provides for the Secretary of State to direct that a person may beprohibited or restricted from participating in the management of an independent school (which includes academies andfree schools).

31

Regulated activity
The full legal definition of regulated activity is set out in Schedule 4 of the Safeguarding
Vulnerable Groups Act 2006 as amended by the Protection of Freedoms Act 2012. HM
Government has produced a Factual note on regulated activity in relation to children:
scope.
Regulated activity includes:a) teaching, training, instructing, caring for (see (c) below) or supervising children if
the person is unsupervised, or providing advice or guidance on physical,
emotional or educational well-being, or driving a vehicle only for children;b) work for a limited range of establishments (known as ‘specified places’, which
include schools and colleges), with the opportunity for contact with children, but
not including work done by supervised volunteers.
Work under (a) or (b) is regulated activity only if done regularly.48 Some activities arealways regulated activities, regardless of frequency or whether they are supervised ornot. This includes:c) relevant personal care, or health care provided by or provided under thesupervision of a health care professional:•

personal care includes helping a child with eating and drinking for reasonsof illness or disability or in connection with toileting, washing, bathing anddressing for reasons of age, illness of disability;49•

health care means care for children provided by, or under the direction or
supervision of, a regulated health care professional.

48 The Safeguarding Vulnerable Groups Act 2006 provides that the type of work referred to at (a) or (b) will be

regulated activity if “it is carried out frequently by the same person” or if “the period condition is satisfied”. Paragraph 10
of Schedule 4 to this Act says the period condition is satisfied if the person carrying out the activity does so at any timeon more than three days in any period of 30 days and, for the purposes of the work referred to at (a), apart from driving
a vehicle only for children, it is also satisfied if it is done at any time between 2am and 6am and it gives the person theopportunity to have face to face contact with children.
49 It is not intended that personal care includes such activities as, for example, parent volunteers helping with costumes
for school plays or helping a child lace up football boots.

32

Types of check
Disclosure and Barring Service (DBS) checks
121.
Three types of DBS checks are referred to in this guidance (see Annex G for
more information):Standard: this provides information about convictions, cautions, reprimands andwarnings held on the Police National Computer (PNC), regardless or not of
whether they are spent under the Rehabilitation of Offenders Act 1974. The law
allows for certain old and minor matters to be filtered out;Enhanced: this provides the same information as a standard check, plus any
approved information held by the police which a chief officer reasonably believes
to be relevant and considers ought to be disclosed; andEnhanced with barred list check: where people are working or seeking to workin regulated activity with children, this allows an additional check to be made as towhether the person appears on the children’s barred list.

A more detailed description of the three types of DBS checks is provided on the DBS
website.
122.
The DBS maintains ‘barred lists’ of individuals who are unsuitable to work withchildren and vulnerable adults50. Where barred list information is requested, and‘children’s workforce independent schools’ is specified in the parameters for that check,the certificate will also detail whether the applicant is subject to a direction made under
section 128 of the Education and Skills Act 2008. Such a direction prohibits an individualfrom taking part in the management (including being a governor) of independent
educational institutions in England and/or Wales respectively, see paragraphs 128-131. A
person prohibited under section 128 is also disqualified from holding or continuing to holdoffice as a governor of a maintained school.
123.
Once the checks are complete, the DBS will send a certificate (the DBS
certificate) to the applicant. The applicant must show the original DBS certificate to theirpotential employer before they take up post or as soon as practicable afterwards.
124.
Where a school or college allows an individual to start work in regulated activity
before the DBS certificate is available, they should ensure that the individual is

50 As barred list information is required to be requested only for those school governors who are engaging in

regulated activity, when proposing to recruit a governor who will not work in regulated activity, schools and colleges
should use the Secure Access Portal to check whether the person is barred as a result of being subject to a section
128 direction. The process for using the Secure Access Portal to make this check is set out in paragraph 134.

33

appropriately supervised and that all other checks, including a separate barred list check,have been completed.
125.
If a school or college knows or has reason to believe that an individual isbarred, it commits an offence if it allows the individual to carry out any form of
regulated activity.51 There are penalties of up to five years in prison if a barredindividual is convicted of attempting to engage or engaging in such work.52

Prohibitions, directions, sanctions and restrictions
Secretary of State teacher prohibition and interim prohibition, orders53 54
126.
Teacher prohibition and interim prohibition, orders prevent a person from carryingout teaching work55 in schools, sixth form colleges, 16 to 19 academies, relevant youth
accommodation and children's homes in England. A person who is prohibited must not
be appointed to a role that involves teaching work (see footnote 51).
127.
Teacher prohibition orders are made by the Secretary of State following
consideration by a professional conduct panel convened by the TRA. Pending suchconsideration, the Secretary of State may issue an interim prohibition order if it isconsidered to be in the public interest to do so. The TRA’s role in making prohibition
orders and the process used to impose them are described in more detail in its
publication Teacher Misconduct: The Prohibition of Teachers.
Secretary of State Section 128 direction
128.
A section 128 direction prohibits or restricts a person from taking part in the
management of an independent school, including academies and free schools. A person
who is prohibited is unable to participate in any management of an independent school

51 Section 9, Safeguarding Vulnerable Groups Act 2006.
52 Section 7, Safeguarding Vulnerable Groups Act 2006.
53 Prohibition orders are made by the Secretary of State under section 141B of the Education Act 2002. The Teachers’

Disciplinary (England) Regulations 2012 apply to schools and sixth form colleges and any person that is subject to aprohibition order is prohibited from carrying out teaching work in those establishments. By virtue of their Conditions ofFunding in respect of funding received from the Education and Skills Funding Agency, colleges may not employ orengage a person who is subject to a prohibition order to carry out teaching work.
54 The School Staffing (England) Regulations 2009, the Non-Maintained Special Schools (England) Regulations
2015 and the Education (Independent School Standards) Regulations 2014 require governing bodies or proprietors(of schools and sixth form colleges) to check that a person to be appointed is not subject to an interim prohibition
order. By virtue of their Conditions of Funding in respect of funding received from the Education and Skills Funding
Agency, before employing a person to carry out teaching work in relation to children, colleges must take reasonable
steps to establish whether that person is subject to a prohibition order made under section 141B of the Education Act
2002.
55 The Teachers’ Disciplinary (England) Regulations 2012 define teaching work as: planning and preparing lessons andcourses for pupils; delivering lessons to pupils; assessing the development, progress and attainment of pupils; andreporting on the development, progress and attainment of pupils. These activities are not teaching work for the
purposes of these Regulations if the person carrying out the activity does so (other than for the purposes of induction)subject to the direction and supervision of a qualified teacher or other person nominated by the head teacher to provide
such direction and supervision.

34

such as:a management position in an independent school, academy or free school as an
employee;a trustee of an academy or free school trust; a governor or member of a proprietor
body for an independent school; ora governor on any governing body in an independent school, academy or freeschool that retains or has been delegated any management responsibilities.

129.
The Secretary of State is able to make directions prohibiting individuals fromtaking part in independent school management under section 128 of the Education and
Skills Act 2008. Individuals taking part in ‘management” may include individuals who aremembers of proprietor bodies (including governors if the governing body is the proprietor
body for the school), and such staff positions as follows: head teacher, any teachingpositions on the senior leadership team, and any teaching positions which carry adepartment headship. Whether other individuals such as teachers with additional
responsibilities could be prohibited from ‘taking part in management’ depends on thefacts of each case.
130.
A section 128 direction disqualifies a person from holding or continuing to holdoffice as a governor of a maintained school.56
131.
The grounds on which a section 128 direction may be made by the Secretary ofState are found in the relevant regulations.57
Historic General Teaching Council for England (GTCE) sanctions and restrictions
132.
There remain a number of individuals who are still subject to disciplinary
sanctions, which were imposed by the GTCE (prior to its abolition in 2012).
European Economic Area (EEA) regulating authority teacher sanctions or
restrictions
133.
These sanctions and restrictions are imposed by EEA professional regulating
authorities on or after 18 January 2016 and which have been notified to the TRA (seealso paragraphs 156-157).

56 School Governance (Constitution) (England) Regs 2012 as amended by the School Governance (Constitution andFederations) England) (Amendment) Regulations 2014.
57 The Independent Educational Provision in England (Prohibition on Participation in Management) Regulations 2014.

35

How to check for prohibitions, directions, sanctions and restrictions - Teacher
Services checking system
134.
Checks for all prohibitions, sanctions and restrictions described at paragraphs
121-133 can be carried out by logging onto the Secure Access/DfE Sign-in Portal via the
Teacher Services’ web page. Secure Access/DfE Sign-in is a free service available to allschools and colleges. Registration is required for first time users and can be requested
from Teacher Services. Further information about using this system to carry out a rangeof ‘teacher status checks’58 including verification of qualified teacher status (QTS) and thecompletion of teacher induction or teacher probation can be found at GOV.UK.
135.
A section 128 direction will also be disclosed where an enhanced DBS checkwith barred list information is requested, provided that ‘children’s workforce independent
schools’ is specified in the parameters for the barred list check.
Childcare disqualification
136.
For staff who work in childcare provision or who are directly concerned with the
management of such provision, the school needs to ensure that appropriate checks arecarried out to ensure that individuals are not disqualified under the Childcare(Disqualification) Regulations 2018. Further information on the staff to whom theseregulations apply, the checks that should be carried out, and the recording of thosechecks can be found in Disqualification under the Childcare Act 2006 statutory guidance.

58 The Teacher Services’ system can also be used to check for the award of qualified teacher status (QTS) and thecompletion of teacher induction or probation.

36

Pre-appointment checks
All new appointments
137.
Any offer of appointment made to a successful candidate, including one who has
lived or worked abroad, must be conditional on satisfactory completion of the necessary
pre-employment checks.
138.
140):

When appointing new staff, schools and colleges must (subject to paragraph

verify a candidate’s identity. Identification checking guidelines can be found on the
GOV.UK website;

obtain (via the applicant) an enhanced DBS certificate (including barred list
information, for those who will be engaging in regulated activity); 59 60 61

obtain a separate barred list check if an individual will start work in regulated
activity before the DBS certificate is available;verify the candidate’s mental and physical fitness to carry out their work
responsibilities.62 A job applicant can be asked relevant questions about disability
and health in order to establish whether they have the physical and mental
capacity for the specific role;63verify the person’s right to work in the UK. If there is uncertainty about whether anindividual needs permission to work in the UK, then prospective employers, orvolunteer managers, should follow advice on the GOV.UK website;

if the person has lived or worked outside the UK, make any further checks the59 Where the individual will be or is engaging in regulated activity, schools and colleges will need to ensure that they

confirm on the DBS application that they have the right to barred list information.
60 Regulations 12 and 24 of the School Staffing (England) Regulations 2009 for maintained schools also apply to the
management committee of pupil referral units through the Education (Pupil Referral Units) (Application of Enactments)(England) Regulations 2007. Part 4 of the Schedule to The Education (Independent School Standards) (England)
Regulations 2014 applies to independent schools, including free schools and academies. The Schedule to the NonMaintained Special Schools (England) Regulations 2015 applies to non-maintained special schools.
61 Regulation 5 of the Further Education (Providers of Education) (England) Regulations 2006 set out requirements in
respect of checks on staff providing education at colleges. For staff members who are providing education andregularly caring for, training, supervising or being solely in charge of persons aged under 18, which would fall within thedefinition of regulated activity, colleges are required to obtain an enhanced DBS check including a barred list check by
virtue of regulations 5(4) and 5(5). Regulation 10 requires that staff moving from a position that does not involve theprovision of education into a position involving the provision of education are to be treated as new staff members and,as such, all appropriate checks for the role must be carried out.
62 Education (Health Standards) (England) Regulations 2003.
63 Section 60 of the Equality Act 2010.

37

school or college consider appropriate (see paragraph 156); andverify professional qualifications, as appropriate. The Teacher Services’ systemshould be used to verify any award of qualified teacher status (QTS), and thecompletion of teacher induction or probation.

In addition:

schools must ensure that a candidate to be employed to carry out teaching work 64
is not subject to a prohibition order issued by the Secretary of State (see footnote
55 for college requirements), or any sanction or restriction imposed (that remains
current) by the GTCE before its abolition in March 2012;65 and

independent schools, including academies and free schools, must check66 that aperson taking up a management position as described at paragraph 129 is not
subject to a section 128 direction made by the Secretary of State.

139.
Where an enhanced DBS certificate is required, it must be obtained from thecandidate before, or as soon as practicable after, the person’s appointment.
140.
There is no requirement for a school to obtain an enhanced DBS certificate or
carry out checks for events that may have occurred outside the UK if, during a period
which ended not more than three months before the person’s appointment, the applicant
has worked:

In a school in England, in a post:o which brought the person regularly into contact with children or young
persons; oro to which the person was appointed on or after 12th May 2006 and which did
not bring the person regularly into contact with children or young persons;or

in an institution within the further education sector in England, or in a 16-19
Academy, in a post which involved the provision of education which brought theperson regularly into contact with children or young persons.

For a college there is no requirement to obtain an enhanced DBS certificate or carry out
checks for events that may have occurred outside the UK if, during a period which ended

64 The Teachers’ Disciplinary (England) Regulations 2012 define teaching work as: planning and preparing lessons andcourses for pupils; delivering lessons to pupils; assessing the development, progress and attainment of pupils; andreporting on the development, progress and attainment of pupils.
65 See paragraph 134 for how to carry out this check.
66 See paragraph 134 for how to carry out this check.

38

not more than three months before the person’s appointment, the applicant has workedin:

a school in England in a position which brought him regularly into contact
with persons aged under 18; oranother institution within the further education sector in England, or in a 16
to 19 Academy, in a position which involved the provision of education andcaring for, training, supervising or being solely in charge of persons aged
under 18.

All other pre-appointment checks must still be completed, including where theindividual is engaging in regulated activity, a barred list check. Schools or colleges
may also choose to request an enhanced DBS certificate.
141.
The DBS cannot provide barred list information on any person, including
volunteers, who are not in or seeking to enter in regulated activity.

DBS Update Service
142. Individuals can join the DBS Update Service67 at the point an application for a new
DBS check is made, enabling future status checks to be carried out to confirm that no
new information has been added to the certificate since its issue. This allows for
portability of a certificate across employers. Before using the Update Service, schools orcolleges must:obtain consent from the applicant to do so;confirm the certificate matches the individual’s identity; andexamine the original certificate to ensure that it is for the appropriate
workforce and level of check, e.g. enhanced certificate/enhanced including
barred list information.

143.
The school or can subsequently carry out a free online check. This would identify
whether there has been any change to the information recorded, since the initialcertificate was issued and advise whether the individual should apply for a newcertificate. Individuals will be able to see a full list of those organisations that have carriedout a status check on their account. Further information about the update service,including when updated information can be used, can be found at GOV.UK.

67 There is an annual fee for applicants using the update service.

39

40

Employment history and references
144.
Employers should always ask for written information about previous employment
history and check that information is not contradictory or incomplete. The purpose of
seeking references is to allow the school or college to obtain objective and factual
information to support appointment decisions. References should always be obtained
from the candidate’s current employer. Where a candidate is not currently employed,
verification of their most recent period of employment and reasons for leaving should beobtained from the school, college, local authority or organisation at which they were
employed.
145.
References should be scrutinised and any concerns resolved satisfactorily,
before the appointment is confirmed, including for any internal candidate. Obtainingreferences before interview, would allow any concerns they raise to be explored further
with the referee and taken up with the candidate at interview. They should always berequested directly from the referee and preferably from a senior person with appropriate
authority, not just a colleague. Employers should not rely on open references, forexample in the form of ‘to whom it may concern’ testimonials, nor should they only rely on
information provided by the candidate as part of the application process without verifyingthat the information is correct. Where electronic references are received, employers
should ensure they originate from a legitimate source.
146.
On receipt, references should be checked to ensure that all specific questions
have been answered satisfactorily. The referee should be contacted to provide further
clarification as appropriate, for example if the answers are vague or if insufficient
information is provided. They should also be compared for consistency with theinformation provided by the candidate on their application form. Any discrepancies should
be taken up with the candidate.
147.
Any information about past disciplinary action or allegations that are disclosed
should be considered carefully when assessing the applicant’s suitability for the post(including information obtained from the Teacher Services’ checks referred to previously).
Further help and advice can be found on the Advisory, Conciliation and Arbitration
Service (ACAS) website.

Single central record
148.
Schools and colleges must maintain a single central record of pre-appointment
checks, referred to in the Regulations (listed in paragraph 149) as the register and morecommonly known as the single central record. For requirements for schools in Multiacademy trusts (MATs), see paragraph 153. The single central record must cover thefollowing people:41



all staff, including teacher trainees on salaried routes (see paragraph 160), agency
and third party supply staff (see paragraph 158) who work at the school. In
colleges, this means those providing education to children; and

for independent schools, all members of the proprietor body. In the case ofacademies and free schools, this means the members and trustees of theacademy trust.

149.
The bullet points below set out the minimum information that must be recorded in
respect of staff members (including teacher trainees on salaried routes). The single
central record must indicate whether the following checks have been carried out or
certificates obtained, and the date on which each check was completed/certificate
obtained:

an identity check. Identification checking guidelines can be found on the GOV.UK
website;a barred list check;

an enhanced DBS check/certificate;a prohibition from teaching check;68

further checks on people who have lived or worked outside the UK (seeparagraphs 156-157); this would include recording checks for those European
Economic Area (EEA) teacher sanctions and restrictions described in paragraph133;a check of professional qualifications, where required; anda check to establish the person’s right to work in the United Kingdom.

In addition:colleges must record whether the person’s position involves ‘relevant activity’, i.e.
regularly caring for, training, supervising or being solely in charge of persons aged
under 18; and

a section 128 check (for management positions as set out in paragraph 128-129
for independent schools (including academies and free schools).

150.
For agency and third party supply staff, schools and colleges must also include
whether written confirmation has been received that the employment business supplying
the member of supply staff has carried out the relevant checks and obtained theappropriate certificates, and the date that confirmation was received and whether any

68 There is no requirement for colleges to record this information, however, as part of the funding agreement collegesmust have robust record keeping procedures in place.

42

enhanced DBS certificate check has been provided in respect of the member of staff.69
151.
Whilst there is no statutory duty to include on the single central record details of
any other checks, schools and colleges are free to record any other information they
deem relevant. For example, checks for childcare disqualification, volunteers, andsafeguarding and safer recruitment training dates. Schools and colleges may also wish torecord the name of the person who carried out each check.
152.

The single central record can be kept in paper or electronic form.

153.
Multi Academy Trusts (MATs) must maintain the single central record detailingchecks carried out in each academy within the MAT. Whilst there is no requirement for
the MAT to maintain an individual record for each academy, the information should berecorded in such a way that allows for details for each individual academy to be provided
separately, and without delay, to those entitled to inspect that information, including byinspectors described at paragraph 91.
154. Details of the records that must be kept are set out in the following Regulations:

for maintained schools - Regulations 12(7) and 24(7) and Schedule 2 to the School
Staffing (England) Regulations 2009 and the School Staffing (England)(Amendment) Regulations 2013 (applied to pupil referral units through the
Education (Pupil Referral Units) (Application of Enactments) (England) Regulations
2007);

for independent schools - (including academies and free schools and alternative
provision academies and free schools): Part 4 of the Schedule to the Education(Independent School Standards) Regulations 2014;

for colleges - Regulations 20-25 and the Schedule to the Further Education(Providers of Education) (England) Regulations 2006;70 and

for non-maintained special schools - Regulation 3 and paragraph 7 of Part 1 andparagraph 18 of Part 2 of the Schedule to the Non-Maintained Special Schools(England) Regulations 2015.

155.
Schools and colleges do not have to keep copies of DBS certificates in order tofulfil the duty of maintaining the single central record. To help schools and colleges
comply with the requirements of the Data Protection Act 2018, when a school or college
chooses to retain a copy, it should not be retained for longer than six months. A copy ofthe other documents used to verify the successful candidate’s identity, right to work andrequired qualifications should be kept for the personnel file. Further information on

69 Independent schools and non-maintained special schools should also include the date on which any certificate wasobtained.
70 16-19 academies and free schools are covered through their funding agreements.

43

handling DBS certificate information can be found on GOV.UK.

Individuals who have lived or worked outside the UK
156.
Individuals who have lived or worked outside the UK must undergo the same
checks as all other staff in schools or colleges. In addition, schools and colleges must
make any further checks they think appropriate so that any relevant events that occurred
outside the UK can be considered. The Home Office guidance on criminal records
checks for overseas applicants can be found on GOV.UK. These further checks should
include a check for information about any teacher sanction or restriction that an EEA
professional regulating authority has imposed, using the TRA Teacher Services’ system.
See paragraph 134 for further information on using this service. Although restrictions
imposed by another EEA regulating authority do not prevent a person from taking upteaching positions in England, schools and colleges should consider the circumstancesthat led to the restriction or sanction being imposed when considering a candidate’s
suitability for employment.
157. Some overseas qualified teachers can apply to the Teaching Regulation Agency(TRA) for the award of qualified teacher status (QTS) in England. More information about
this is available here.

Agency and third-party staff (supply staff)
158.
Schools and colleges must obtain written notification from any agency, or thirdparty organisation they use that the organisation has carried out the checks (in respect of
the enhanced DBS certificate, written notification that confirms the certificate has beenobtained by either the employment business or another such business), on an individual
who will be working at the school or college that the school or college would otherwise
perform.71
159.
Where the position requires a barred list check, this must be obtained by theagency or third party prior to appointing the individual. The school or college must also
check that the person presenting themselves for work is the same person on whom thechecks have been made.

71 Colleges must comply with regulations 11 to 19 of The Further Education (Providers of Education) (England)

Regulations 2006 in respect of agency workers; maintained schools must comply with regulations 18 and 30 of the
School Staffing (England) Regulations 2009; non-maintained special schools must comply with paragraphs 5 and 16 of
the Schedule to The Non-Maintained Special Schools (England) Regulations 2015; and independent schools (including
academies and free schools) must comply with paragraph 19 of the Schedule to The Education (Independent School
Standards) Regulation 2014.

44

Trainee/student teachers
160.
Where applicants for initial teacher training are salaried by the school or college,
the school or college must ensure that all necessary checks are carried out. As traineeteachers are likely to be engaging in regulated activity, an enhanced DBS certificate(including barred list information) must be obtained.
161.
Where trainee teachers are fee-funded, it is the responsibility of the initial teacher
training provider to carry out the necessary checks. Schools and colleges should obtainwritten confirmation from the provider that it has carried out all pre-appointment checks
that the school or college would otherwise be required to perform, and that the trainee
has been judged by the provider to be suitable to work with children.72 There is norequirement for the school to record details of fee-funded trainees on the single central
record.

Existing staff162.
If a school or college has concerns about an existing staff member’s suitability towork with children, the school or college should carry out all relevant checks as if theperson were a new member of staff. Similarly, if a person working at the school or college
moves from a post that was not regulated activity into work which is considered to be
regulated activity, the relevant checks for that regulated activity must be carried out.73 For
colleges, an individual moving from a position that did not involve the provision of
education to one that does must be treated as if that individual were a new member ofstaff and all required pre-appointment checks must be carried out (see paragraph 138).
Apart from these circumstances, the school or college is not required to request a DBS
check or barred list check.
163.
Schools and colleges have a legal duty to refer to the DBS anyone who hasharmed, or poses a risk of harm, to a child or vulnerable adult where:the harm test is satisfied in respect of that individual;the individual has received a caution or conviction for a relevant offence, orif there is reason to believe that the individual has committed a listed
relevant offence; and72 Teaching Regulation Agency (TRA) - Initial teacher training provider supporting advice and initial teacher training

criteria.
73 Schools and colleges will wish to consider the offence of allowing individuals to engage in regulated activity whilst
barred. It is intended that, at a date to be announced, any regulated activity provider will have a duty to request abarred list check before allowing any individuals to engage in regulated activity (section 34ZA Safeguarding
Vulnerable Groups Act 2006) and for it to be possible to obtain such a check independently from the enhanced
check from the DBS.

45



the individual has been removed from working (paid or unpaid) in regulated
activity, or would have been removed had they not left.74

164.
The legal duty to refer applies equally in circumstances where an individual isdeployed to another area of work that is not regulated activity, or they are suspended.
165.
The DBS will consider whether to bar the person. Referrals should be made assoon as possible after the resignation, removal or redeployment of the individual.
Detailed guidance on when to refer to the DBS can be found on GOV.UK.
166.
Where a teacher’s employer, including an agency, dismisses or ceases to use
the services of a teacher because of serious misconduct, or might have dismissed themor ceased to use their services had they not left first, they must consider whether to refer
the case to the Secretary of State, as required by sections 141D and 141E of the
Education Act 2002. The Secretary of State may investigate the case, and if s/he finds
there is a case to answer, must then decide whether to make a prohibition order inrespect of the person see paragraphs 126-127.75 How to refer can be found on GOV.UK.

Volunteers
167.
Under no circumstances should a volunteer in respect of whom no checks havebeen obtained be left unsupervised or allowed to work in regulated activity.
168.
Volunteers who, on an unsupervised basis teach or look after children regularly,or provide personal care on a one-off basis in schools and colleges, will be in regulated
activity. The school or college should obtain an enhanced DBS certificate (which should
include barred list information) for all volunteers who are new to working in regulated
activity. Existing volunteers in regulated activity do not have to be re-checked if they havealready had a DBS check (which includes barred list information). However, schools andcolleges may conduct a repeat DBS check (which should include barred list information)
on any such volunteer should they have concerns.
169.
There are certain circumstances where schools and colleges may obtain an
enhanced DBS certificate (not including barred list information), for volunteers who are
not engaging in regulated activity. This is set out in DBS workforce guides, which can befound on GOV.UK. Employers are not legally permitted to request barred list information
on a supervised volunteer as they are not considered to be engaged in regulated activity.
170.
The school or college should undertake a risk assessment and use theirprofessional judgement and experience when deciding whether to obtain an enhanced
DBS certificate for any volunteer not engaging in regulated activity. In doing so they

74 The list of offences is set out in the Safeguarding Vulnerable Groups Act 2006 (Prescribed Criteria andMiscellaneous Provisions) Regulations 2009 (SI 2009 No. 37) (amended).
75 Sections 141D and 141E of the Education Act 2002 do not apply to colleges (other than sixth form colleges).

46

should consider:the nature of the work with children;what the establishment knows about the volunteer, including formal or informal
information offered by staff, parents and other volunteers;

whether the volunteer has other employment or undertakes voluntary activities
where referees can advise on suitability;

whether the role is eligible for an enhanced DBS check.

Details of the risk assessment should be recorded. 76
171.
It is for schools and colleges to determine whether a volunteer is considered tobe supervised. In making this decision, and where an individual is supervised, to help
determine the appropriate level of supervision schools must have regard to the statutory
guidance issued by the Secretary of State (replicated at Annex F). This guidance
requires that, for a person to be considered supervised, the supervision must be:by a person who is in regulated activity;77regular and day to day; and“reasonable in all the circumstances to ensure the protection of children.”172.
The DBS cannot provide barred list information on any person, including
volunteers, who are not in, or seeking to engage in regulated activity.

Maintained school governors
173. Governors in maintained schools are required to have an enhanced criminal
records certificate from the DBS.78 It is the responsibility of the governing body to apply
for the certificate for any of their governors who do not already have one. Governance is
not a regulated activity and so governors do not need a barred list check unless, inaddition to their governance duties, they also engage in regulated activity. Schools
should also carry out a section 128 check for school governors, because a person
subject to one is disqualified from being a governor. Using the free Employer Secure
Access sign-in portal via the Teaching Regulation Agency’s (TRA) Teacher Services’
web page, schools can easily check if a person they propose to recruit as a governor isbarred as a result of being subject to a section 128 direction.

76 Schools and colleges are free to determine where to store this information.
77 It should be noted that if the work is in a specified place such as a school, paid workers remain in regulated activity

even if supervised.
78 The School Governance (Constitution) (England) Regulations 2012 were amended by the School Governance(Constitution and Federations) (England) (Amendment) Regulations 2016 to include this requirement.

47

Associate members
174.
Associate members are appointed by the governing body to serve on one ormore governing body committees. The School Governance (Constitution andFederations) (England) (Amendment) Regulations 2016 made enhanced DBS checks
mandatory for maintained school governors but not associate members.

Sixth form college governors
175.
Governing bodies in sixth form colleges can request an enhanced DBS certificate
without a barred list check on an individual as part of the appointment process forgovernors. An enhanced DBS certificate (which will include a barred list check) should
only be requested if the governor will be engaging in regulated activity. This applies
equally to volunteer governors who will be engaging in regulated activity and should betreated on the same basis as other volunteers in this respect.

Proprietors of independent schools, including academies and freeschools and proprietors of alternative provision academies79
176.
Before an individual becomes either the proprietor of an independent school or
the chair of a body of people which is the proprietor of an independent school, theSecretary of State will: 80 81
carry out an enhanced DBS check; and where such a check is made, obtain an
enhanced DBS certificate (either including or not including barred list information
as appropriate);82



confirm the individual’s identity; and

if the individual lives or has lived outside of the UK, where making an enhanced
check is insufficient, such other checks as the Secretary of State considers
appropriate.

The Secretary of State also undertakes these checks in respect of the chair ofgoverning bodies of non-maintained special schools.83
177.
The requirement for an enhanced DBS check and certificate is disapplied for thechair of an academy trust if the academy is converting from a maintained school and the79 The proprietor of an academy or free school or alternate provision academy or free school is the academy trust.
80 Paragraph 20 of the Schedule to the Education (Independent School Standards) Regulations 2014.
81 This will include an academy trust of any academy or free school, other than for 16 – 19 academies or free schools.
82 Regulation 2(5) of the Education (Independent School Standards) Regulations 2014 sets out when such checks are

considered relevant.
83 Paragraphs 6 and 17 of the Schedule to The Non-Maintained Special Schools (England) Regulations 2015.

48

person has already been subject to a check carried out by the local authority.84
178.
Where the proprietor is a body of people (including a governing body in an
academy or free school), the chair must ensure that enhanced DBS checks areundertaken, for the other members of the body and that where such a check has been
undertaken, an enhanced DBS certificate is obtained, and that identity checks arecompleted before, or as soon as practicable after, any individual takes up their position.
The chair must also ensure that other members are not subject to a section 128 directionthat would prevent them from taking part in the management of an independent school(including academies and free schools). Further checks, as the chair considers
appropriate, should be undertaken where, by reason of the individual’s living or having
lived overseas, obtaining an enhanced DBS certificate is not sufficient to establish his or
her suitability to work in a school.
179.
In the case of an academy trust, including those established to operate a freeschool, the trust must require enhanced DBS checks on all members of the academy
trust, individual charity trustees, and the chair of the board of charity trustees.85 Academy
trusts, including those established to run a free school, have the same responsibilities as
all independent schools in relation to requesting enhanced DBS certificates forpermanent and supply staff.86 Where an academy trust delegates responsibilities to any
delegate or committee (including a local governing body), the trust must require DBS
checks on all delegates and all member of such committees.87 Academy trusts must also
check that members are not barred from taking part in the management of the school asa result of a section 128 direction (see paragraph 128).

Contractors
180.
Schools and colleges should ensure that any contractor, or any employee of thecontractor, who is to work at the school or college, has been subject to the appropriate
level of DBS check. Contractors engaging in regulated activity will require an enhanced
DBS certificate (including barred list information). For all other contractors who are notengaging in regulated activity, but whose work provides them with an opportunity for
regular contact with children, an enhanced DBS check (not including barred list
information) will be required.88 In considering whether the contact is regular, it isirrelevant whether the contractor works on a single site or across a number of sites.
181.

Under no circumstances should a contractor in respect of whom no checks have

84 Paragraph 20(7) of the Schedule to the Education (Independent School Standards) Regulations 2014.
85 As required in the funding agreement.
86 The Education (Independent School Standards) Regulations 2014. The regulations do not apply to 16-19 freeschools and academies.
87 As required in an academy trust’s articles of association.
88 It will only be possible to obtain an enhanced DBS certificate for contractors in colleges which are exclusively or
mainly for the provision of full-time education to children.

49been obtained be allowed to work unsupervised, or engage in regulated activity. Schools
and colleges are responsible for determining the appropriate level of supervision
depending on the circumstances.
182.
If an individual working at a school or college is self-employed, the school orcollege should consider obtaining the DBS check, as self-employed people are not able
to make an application directly to the DBS on their own account.
183.
Schools and colleges should always check the identity of contractors and theirstaff on arrival at the school or college.

Visitors
184.
Schools and colleges do not have the power to request DBS checks and barred
list checks, or ask to see DBS certificates, for visitors (for example children’s relatives orother visitors attending a sports day). Headteachers and principals should use theirprofessional judgment about the need to escort or supervise visitors.

Alternative Provision
185.
Where a school places a pupil with an alternative provision provider, the school
continues to be responsible for the safeguarding of that pupil, and should be satisfied thatthe provider meets the needs of the pupil. Schools should obtain written confirmationfrom the alternative provider that appropriate safeguarding checks have been carried out
on individuals working at the establishment, i.e. those checks that the school would
otherwise perform in respect of its own staff.

Adults who supervise children on work experience
186.
Schools and colleges organising work experience placements should ensure thatthe placement provider has policies and procedures are in place to protect children fromharm.89
187.
Barred list checks by the DBS might be required on some people who supervise
a child under the age of 16 on a work experience placement.90 The school or college
should consider the specific circumstances of the work experience. Consideration mustbe given in particular to the nature of the supervision and the frequency of the activity
being supervised, to determine what, if any, checks are necessary. These considerations
would include whether the person providing the teaching/training/instruction/supervision

89 Guidance on work experience.
90 Safeguarding Vulnerable Groups Act 2006, as amended by the Protection of Freedoms Act 2012, which came into

force on 10 September 2012.

50

to the child on work experience will be:unsupervised themselves; andproviding the teaching/training/instruction frequently (more than three days in a 30
day period, or overnight).

188.
If the person working with the child is unsupervised and the same person is infrequent contact with the child, the work is likely to be regulated activity. If so, the schoolor college could ask the employer providing the work experience to ensure that theperson providing the instruction or training is not a barred person.
189.
Schools and colleges are not able to request an enhanced DBS check withbarred list information for staff supervising children aged 16 to 17 on work experience.91
190.
If the activity undertaken by the child on work experience takes place in a
‘specified place’, such as a school or college, and gives the opportunity for contact withchildren, this may itself be considered to be regulated activity. In these cases and where
the child is 16 years of age or over, the work experience provider should consider
whether a DBS enhanced check should be requested for the child/young person inquestion. DBS checks cannot be requested for children/young people under the age of
16.92

Children staying with host families (homestay)
191.
Schools and colleges quite often make arrangements for their children to havelearning experiences where, for short periods, the children may be provided with care
and accommodation by a host family to whom they are not related. This might happen,
for example, as part of a foreign exchange visit or sports tour, often described as‘homestay’ arrangements (see Annex E for further details). In some circumstances thearrangement where children stay with UK families could amount to “private fostering”
under the Children Act 1989 see paragraphs 192-194 for further information about actionthat should be taken to alert the local authority in those circumstances.

Private fostering - LA notification when identified
192.
Private fostering93 occurs when a child under the age of 16 (under 18, if disabled)is provided with care and accommodation by a person who is not a parent, person withparental responsibility for them or a relative in their own home. A child is not privately

91 The Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 was amended by the Rehabilitation of

Offenders Act 1974 (Exceptions) (Amendment) (England and Wales) Order 2012 so that employers may no longer
request checks in these circumstances.
92 Under the Police Act 1997, an individual must be 16 or over to be able to make an application for a DBS check.
93 Part 9 of the Children Act 1989.

51

fostered if the person caring for and accommodating them has done so for less than 28
days and does not intend to do so for longer. Such arrangements may come to theattention of school staff through the normal course of their interaction, and promotion oflearning activities, with children.
193.
The school or college should then notify the local authority to allow the local
authority to check the arrangement is suitable and safe for the child.
194.
A link to comprehensive guidance on private fostering can be found at Annex Aof this guidance.

52

Part four: Allegations of abuse made against
teachers and other staff
Duties as an employer and an employee
195.
This part of the guidance is about managing cases of allegations that might
indicate a person would pose a risk of harm94 if they continue to work in regular or close
contact with children in their present position, or in any capacity. It should be used in
respect of all cases in which it is alleged that a teacher or member of staff (including
volunteers) in a school or college that provides education for children under 18 years ofage has:

behaved in a way that has harmed a child, or may have harmed a child;possibly committed a criminal offence against or related to a child; orbehaved towards a child or children in a way that indicates he or she may pose arisk of harm to children.

196.
This part of the guidance relates to members of staff and volunteers who are
currently working in any school or college regardless of whether the school or college iswhere the alleged abuse took place. Allegations against a teacher who is no longer
teaching should be referred to the police. Historical allegations of abuse should also bereferred to the police.
197.
Employers have a duty of care to their employees. They should ensure they
provide effective support for anyone facing an allegation and provide the employee with a
named contact if they are suspended. It is essential that any allegation of abuse madeagainst a teacher or other member of staff or volunteer in a school or college is dealt withvery quickly, in a fair and consistent way that provides effective protection for the childand, at the same time supports the person who is the subject of the allegation.

Initial considerations
198.
The procedures for dealing with allegations need to be applied with common
sense and judgement. Many cases may well either not meet the criteria set out above, or
may do so without warranting consideration of either a police investigation or enquiries by
local authority children’s social care services. In these cases, local arrangements should
be followed to resolve cases without delay.
199.

Some rare allegations will be so serious they require immediate intervention by

94 The harm test is explained on the Disclosure and Barring service website on GOV.UK.

53

children’s social care services and/or police. The designated officer(s) should be
informed of all allegations that come to a school’s or college’s attention and appear tomeet the criteria so they can consult police and children’s social care services asappropriate.
200.
The following definitions should be used when determining the outcome ofallegation investigations:

Substantiated: there is sufficient evidence to prove the allegation;



Malicious: there is sufficient evidence to disprove the allegation and there has
been a deliberate act to deceive;

False: there is sufficient evidence to disprove the allegation;Unsubstantiated: there is insufficient evidence to either prove or disprove theallegation. The term, therefore, does not imply guilt or innocence;Unfounded: to reflect cases where there is no evidence or proper basis which
supports the allegation being made.

201.
The headteacher or principal or (where the headteacher or principal is the subjectof an allegation) the chair of governors, or the chair of the management committee orproprietor of an independent school (the ‘case manager’), should discuss the allegation
immediately with the designated officer(s). The purpose of an initial discussion is for thedesignated officer(s) and the case manager to consider the nature, content and context
of the allegation and agree a course of action. The designated officer(s) may ask thecase manager to provide or obtain relevant additional information, such as previous
history, whether the child or their family have made similar allegations previously andabout the individual’s current contact with children. There may be situations when thecase manager will want to involve the police immediately, for example if the person isdeemed to be an immediate risk to children or there is evidence of a possible criminal
offence. Where there is no such evidence, the case manager should discuss theallegations with the designated officer(s) in order to help determine whether police
involvement is necessary.
202.
The initial sharing of information and evaluation may lead to a decision that nofurther action is to be taken in regard to the individual facing the allegation or concern, in
which case this decision and a justification for it should be recorded by both the casemanager and the designated officer(s), and agreement reached on what information
should be put in writing to the individual concerned and by whom. The case manager
should then consider with the designated officer(s) what action should follow both inrespect of the individual and those who made the initial allegation.
203.
The case manager should inform the accused person about the allegation assoon as possible after consulting the designated officer(s). It is extremely important thatthe case manager provides them with as much information as possible at that time.
54

However, where a strategy discussion95 is needed, or police or children’s social careservices need to be involved, the case manager should not do that until those agencies
have been consulted, and have agreed what information can be disclosed to theaccused. Employers must consider carefully whether the circumstances of a casewarrant a person being suspended from contact with children at the school or college orwhether alternative arrangements can be put in place until the allegation or concern is
resolved. All options to avoid suspension should be considered prior to taking that step(see paragraphs 230-236 for information about suspension).
204.
If there is cause to suspect a child is suffering or is likely to suffer significant
harm, a strategy discussion should be convened in accordance with the statutory
guidance Working Together to Safeguard Children. If the allegation is about physicalcontact, the strategy discussion or initial evaluation with the police should take into
account that teachers and other school and college staff are entitled to use reasonable
force to control or restrain children in certain circumstances, including dealing with
disruptive behaviour.
205.
Where it is clear that an investigation by the police or children’s social careservices is unnecessary, or the strategy discussion or initial evaluation decides that is thecase, the designated officer(s) should discuss the next steps with the case manager. In
those circumstances, the options open to the school or college depend on the nature andcircumstances of the allegation and the evidence and information available. This will
range from taking no further action to dismissal or a decision not to use the person’s
services in future. Suspension should not be the default position: an individual should besuspended only if there is no reasonable alternative.
206.
In some cases, further enquiries will be needed to enable a decision about how
to proceed. If so, the designated officer(s) should discuss with the case manager how
and by whom the investigation will be undertaken. In straightforward cases, theinvestigation should normally be undertaken by a senior member of the school’s orcollege’s staff.
207.
However, in other circumstances, such as lack of appropriate resource within theschool or college, or the nature or complexity of the allegation, the allegation will require
an independent investigator. Many local authorities already provide for an independent
investigation of allegations, often as part of the personnel services that maintained
schools and colleges can buy in from the authority. It is important that local authorities
ensure that schools and colleges have access to an affordable facility for independent
investigation where that is appropriate.

95 The purpose of a strategy discussion and those likely to be involved is described in Working Together to Safeguard Children.

55

Supporting those involved
208.
Employers have a duty of care to their employees. They should act to manage
and minimise the stress inherent in the allegations process. Support for the individual isvital to fulfilling this duty. Individuals should be informed of concerns or allegations assoon as possible and given an explanation of the likely course of action, unless there isan objection by the children’s social care services or the police. The individual should be
advised to contact their trade union representative, if they have one, or a colleague forsupport. They should also be given access to welfare counselling or medical advice
where this is provided by the employer.
209.
The case manager should appoint a named representative to keep the person
who is the subject of the allegation informed of the progress of the case and consider
what other support is appropriate for the individual. For staff in maintained schools andcolleges, that may include support via the local authority occupational health or employee
welfare arrangements. Particular care needs to be taken when employees are
suspended to ensure that they are kept informed of both the progress of their case andcurrent work-related issues. Social contact with colleagues and friends should not be
prevented unless there is evidence to suggest that such contact is likely to be prejudicial
to the gathering and presentation of evidence.
210.
Parents or carers of the child or children involved should be told about theallegation as soon as possible if they do not already know of it. However, where astrategy discussion is required, or police or children’s social care services need to be
involved, the case manager should not do so until those agencies have been consulted
and have agreed what information can be disclosed to the parents or carers. Parents or
carers should also be kept informed about the progress of the case, and told the outcome
where there is not a criminal prosecution, including the outcome of any disciplinary
process. The deliberations of a disciplinary hearing, and the information taken into
account in reaching a decision, cannot normally be disclosed but the parents or carers of
the child should be told the outcome in confidence.96
211.
Parents and carers should also be made aware of the requirement to maintainconfidentiality about any allegations made against teachers whilst investigations are
ongoing as set out in section 141F of the Education Act 2002 (see paragraphs 213-214).
If parents or carers wish to apply to the court to have reporting restrictions removed, theyshould be told to seek legal advice.
212.
In cases where a child may have suffered significant harm, or there may be a
criminal prosecution, children’s social care services, or the police as appropriate, should

96 In deciding what information to disclose, careful consideration should be given to the provisions of the Data

Protection Act 2018, the law of confidence and, where relevant, the Human Rights Act 1998.

56

consider what support the child or children involved may need.

Confidentiality
213.
It is extremely important that when an allegation is made, the school or college
make every effort to maintain confidentiality and guard against unwanted publicity while
an allegation is being investigated or considered. The Education Act 2002 introduced
reporting restrictions preventing the publication of any material that may lead to theidentification of a teacher in a school who has been accused by, or on behalf of, a pupil
from the same school (where that identification would identify the teacher as the subjectof the allegation). The reporting restrictions apply until the point that the accused person
is charged with an offence, or until the Secretary of State97 or the General TeachingCouncil for Wales publishes information about an investigation or decision in a
disciplinary case arising from the allegation. The reporting restrictions are disapplied if
the individual to whom the restrictions apply effectively waives their right to anonymity by
going public themselves or by giving their written consent for another to do so or if a
judge lifts restrictions in response to a request to do so. The provisions commenced on 1
October 2012.
214.
The legislation imposing restrictions makes clear that “publication” of material
that may lead to the identification of the teacher who is the subject of the allegation isprohibited. “Publication” includes “any speech, writing, relevant programme or othercommunication in whatever form, which is addressed to the public at large or any sectionof the public.” This means that a parent who, for example, published details of theallegation on a social networking site would be in breach of the reporting restrictions (ifwhat was published could lead to the identification of the teacher by members of the
public).
215.
In accordance with the Authorised Professional Practice published by the Collegeof Policing in May 2017, the police will not normally provide any information to the press
or media that might identify an individual who is under investigation, unless and until the
person is charged with a criminal offence. (In exceptional cases where the police would
like to depart from that rule, for example an appeal to trace a suspect, they must apply toa magistrates’ court to request that reporting restrictions be lifted.)
216.
The case manager should take advice from the designated officer(s), police andchildren’s social care services to agree the following:

who needs to know and, importantly, exactly what information can be shared;

how to manage speculation, leaks and gossip;

97 Carried out by the Teaching Regulation Agency.

57what, if any, information can be reasonably given to the wider community to
reduce speculation; and

how to manage press interest if, and when, it should arise.

Managing the situation and exit arrangements
Resignations and ‘settlement agreements’217.
If the accused person resigns, or ceases to provide their services, this should notprevent an allegation being followed up in accordance with this guidance. A referral to
the DBS must be made, if the criteria are met - see paragraphs 163-164. Schools
and sixth form colleges must also consider whether a referral to the Secretary of State isappropriate - see paragraph 166. If the accused person resigns or their services cease to
be used and the criteria are met, it will not be appropriate to reach asettlement/compromise agreement. Any settlement/compromise agreement that would
prevent a school or college from making a DBS referral even though the criteria forreferral are met, is likely to result in a criminal offence being committed. This is because
the school or college would not be complying with its legal duty to make the referral.
218.
It is important that every effort is made to reach a conclusion in all cases ofallegations bearing on the safety or welfare of children, including any in which the person
concerned refuses to cooperate with the process. Wherever possible, the accusedshould be given a full opportunity to answer the allegation and make representations
about it. But the process of recording the allegation and any supporting evidence, andreaching a judgement about whether it can be substantiated on the basis of all theinformation available, should continue even if that cannot be done or the accused does
not cooperate. It may be difficult to reach a conclusion in those circumstances, and it may
not be possible to apply any disciplinary sanctions if a person’s period of notice expires
before the process is complete, but it is important to reach and record a conclusion
wherever possible.
219.
‘Settlement agreements’ (sometimes referred to as compromise agreements), bywhich a person agrees to resign if the employer agrees not to pursue disciplinary action,and both parties agree a form of words to be used in any future reference, should not be
used in cases of refusal to cooperate or resignation before the person’s notice period
expires. Such an agreement will not prevent a thorough police investigation where that is
appropriate.

Record keeping
220.
Details of allegations that are found to have been malicious should be removed
from personnel records. However, for all other allegations, it is important that a clear andcomprehensive summary of the allegation, details of how the allegation was followed up
58and resolved, and a note of any action taken and decisions reached, is kept on theconfidential personnel file of the accused, and a copy provided to the person concerned.
221.
The purpose of the record is to enable accurate information to be given in
response to any future request for a reference, where appropriate. It will provide
clarification in cases where future DBS checks reveal information from the police about
an allegation that did not result in a criminal conviction and it will help to prevent
unnecessary re-investigation if, as sometimes happens, an allegation re-surfaces after aperiod of time.
222.
Schools and colleges have an obligation to preserve records which contain
information about allegations of sexual abuse for the Independent Inquiry into Child
Sexual Abuse (IICSA), for the term of the inquiry (further information can be found on the
IICSA website). All other records should be retained at least until the accused hasreached normal pension age or for a period of 10 years from the date of the allegation ifthat is longer.
223.
The Information Commissioner has published guidance on employment records
in its Employment Practices Code and supplementary guidance, which provides some
practical advice on record retention.98

References
224.
Cases in which an allegation was proven to be false, unsubstantiated or
malicious should not be included in employer references. A history of repeated concerns
or allegations which have all been found to be false, unsubstantiated or malicious should
also not be included in any reference. See paragraphs 144-147 for further information onreferences.

Timescales
225.
It is in everyone’s interest to resolve cases as quickly as possible and isconsistent with a fair and thorough investigation. All allegations should be investigated asa priority to avoid any delay. Target timescales are shown below: the time taken toinvestigate and resolve individual cases depends on a variety of factors including thenature, seriousness and complexity of the allegation, but these targets should beachieved in all but truly exceptional cases. It is expected that 80 per cent of cases should
be resolved within one month, 90 per cent within three months, and all but the most
exceptional cases should be completed within 12 months.
226.

For those cases where it is clear immediately that the allegation is

98 Information Commissioner’s Office – Guidance on employment records in its Employment Practices Code andsupplementary guidance.

59unsubstantiated or malicious, they should be resolved within one week. Where the initialconsideration decides that the allegation does not involve a possible criminal offence itwill be for the employer to deal with it, although if there are concerns about childprotection, the employer should discuss them with the designated officer(s). In suchcases, if the nature of the allegation does not require formal disciplinary action, theemployer should instigate appropriate action within three working days. If a disciplinary
hearing is required and can be held without further investigation, the hearing should beheld within 15 working days.

Oversight and monitoring
227.
The designated officer(s) has overall responsibility for oversight of theprocedures for dealing with allegations, for resolving any inter-agency issues, and for
liaison with the three safeguarding partners. The designated officer(s) will provide advice
and guidance to the case manager, in addition to liaising with the police and otheragencies, and monitoring the progress of cases to ensure that they are dealt with as
quickly as possible consistent with a thorough and fair process. Reviews should be
conducted at fortnightly or monthly intervals, depending on the complexity of the case.
228.

Police forces should also identify officers who will be responsible for:

liaising with the designated officer(s);taking part in the strategy discussion or initial evaluation;subsequently reviewing the progress of those cases in which there is a police
investigation; andsharing information on completion of the investigation or any prosecution.

229.
If the strategy discussion or initial assessment decides that a police investigationis required, the police should also set a target date for reviewing the progress of theinvestigation and consulting the Crown Prosecution Service (CPS) about whether to:
charge the individual; continue to investigate; or close the investigation. Wherever
possible, that review should take place no later than four weeks after the initial
evaluation. Dates for subsequent reviews, ideally at fortnightly intervals, should be set atthe meeting if the investigation continues.

Suspension
230.
The possible risk of harm to children posed by an accused person should be
evaluated and managed in respect of the child(ren) involved in the allegations. In somerare cases that will require the case manager to consider suspending the accused until
the case is resolved. Suspension should not be an automatic response when an
allegation is reported: all options to avoid suspension should be considered prior to
taking that step. If the case manager is concerned about the welfare of other children in60the community or the teacher’s family, those concerns should be reported to thedesignated officer(s), children’s social care or the police as required. But suspension ishighly unlikely to be justified on the basis of such concerns alone.
231.
Suspension should be considered only in a case where there is cause to suspecta child or other children at the school or college is/are at risk of harm or the case is so
serious that it might be grounds for dismissal. However, a person should not besuspended automatically: the case manager must consider carefully whether thecircumstances warrant suspension from contact with children at the school or college oruntil the allegation is resolved, and may wish to seek advice from their personnel adviser
and the designated officer(s). In cases where the school or sixth form college is madeaware that the Secretary of State has made an interim prohibition order in respect of anindividual who works at the school or sixth form college, immediate action should betaken to ensure the individual does not carry out work in contravention of the order, i.e.
pending the findings of the TRA investigation, the individual must not carry out teaching
work.
232.
The case manager should also consider whether the result that would beachieved by immediate suspension could be obtained by alternative arrangements. In
many cases an investigation can be resolved quickly and without the need forsuspension. If the designated officer(s), police and children’s social care services haveno objections to the member of staff continuing to work during the investigation, the casemanager should be as inventive as possible to avoid suspension. Based on assessmentof risk, the following alternatives should be considered by the case manager before
suspending a member of staff:
redeployment within the school or college so that the individual does not havedirect contact with the child or children concerned;

providing an assistant to be present when the individual has contact with children;redeploying to alternative work in the school or college so the individual does nothave unsupervised access to children;moving the child or children to classes where they will not come into contact withthe member of staff, making it clear that this is not a punishment and parents havebeen consulted; ortemporarily redeploying the member of staff to another role in a different location,for example to an alternative school or college or work for the local authority or
academy trust.

233.
These alternatives allow time for an informed decision regarding the suspension
and possibly reduce the initial impact of the allegation. This will, however, depend upon
the nature of the allegation. The case manager should consider the potential permanent
professional reputational damage to employees that can result from suspension wherean allegation is later found to be unsubstantiated or maliciously intended.
61

234.
If immediate suspension is considered necessary, the rationale and justification
for such a course of action should be agreed and recorded by both the case manager
and the designated officer(s). This should also include what alternatives to suspension
have been considered and why they were rejected.
235.
Where it has been deemed appropriate to suspend the person, written
confirmation should be dispatched within one working day, giving as much detail asappropriate for the reasons for the suspension. It is not acceptable for an employer toleave a person who has been suspended without any support. The person should be
informed at the point of their suspension who their named contact is within theorganisation and provided with their contact details.
236.
Children’s social care services or the police cannot require the case manager tosuspend a member of staff or a volunteer, although they should give appropriate weightto their advice. The power to suspend is vested in the proprietor of the school, orgoverning bodies of the school or college who are the employers of staff at the school orcollege. However, where a strategy discussion or initial evaluation concludes that there
should be enquiries by the children’s social care services and/or an investigation by thepolice, the designated officer(s) should canvass police and children’s social care services
for views about whether the accused member of staff needs to be suspended fromcontact with children in order to inform the school or college consideration of suspension.
Police involvement does not make it mandatory to suspend a member of staff; thisdecision should be taken on a case-by-case basis having undertaken a risk assessment.

Information sharing
237.
In a strategy discussion or the initial evaluation of the case, the agencies
involved should share all relevant information they have about the person who is the
subject of the allegation, and about the alleged victim.
238.
Where the police are involved, wherever possible the employer should ask thepolice to obtain consent from the individuals involved to share their statements andevidence for use in the employer disciplinary process. This should be done as theirinvestigation proceeds and will enable the police to share relevant information without
delay at the conclusion of their investigation or any court case.
239.
Children’s social care services should adopt a similar procedure when making
enquiries to determine whether the child or children named in the allegation are in needof protection or services, so that any information obtained in the course of thoseenquiries which is relevant to a disciplinary case can be passed to the employer without
delay.

62

Specific actions
Following a criminal investigation or a prosecution
240.
The police should inform the employer and designated officer(s) immediately
when a criminal investigation and any subsequent trial is complete, or if it is decided toclose an investigation without charge, or not to continue to prosecute the case after the
person has been charged. In those circumstances, the designated officer(s) should
discuss with the case manager whether any further action, including disciplinary action, isappropriate and, if so, how to proceed. The information provided by the police and/or
children’s social care services should inform that decision. The options will depend on thecircumstances of the case and the consideration will need to take into account the resultof the police investigation or the trial, as well as the different standard of proof required in
disciplinary and criminal proceedings.

On conclusion of a case241.
If the allegation is substantiated and the person is dismissed or the employer
ceases to use the person’s services, or the person resigns or otherwise ceases toprovide his or her services, the designated officer(s) should discuss with the casemanager and their personnel adviser whether the school or college will decide to make areferral to the DBS for consideration of whether inclusion on the barred lists is required;99
and, in the case of a member of teaching staff at a school or sixth form college, whether
to refer the matter to the TRA to consider prohibiting the individual from teaching.
242.
There is a legal requirement for employers to make a referral to the DBS
where they think that an individual has engaged in conduct that harmed (or is
likely to harm) a child; or if a person otherwise poses a risk of harm to a child. Seeparagraph 163.
243.
Where it is decided on the conclusion of a case that a person who has beensuspended can return to work, the case manager should consider how best to facilitate
that. Most people will benefit from some help and support to return to work after astressful experience. Depending on the individual’s circumstances, a phased return
and/or the provision of a mentor to provide assistance and support in the short term may
be appropriate. The case manager should also consider how the person’s contact withthe child or children who made the allegation can best be managed if they are still a pupil
or student at the school or college.

99 Disclosure and Barring Service – guidance on Referrals to the DBS.

63

In respect of malicious or unsubstantiated allegations
244.
If an allegation is determined to be unsubstantiated or malicious, the designatedofficer(s) should refer the matter to the children’s social care services to determine
whether the child concerned is in need of services, or may have been abused bysomeone else. If an allegation is shown to be deliberately invented or malicious, theheadteacher, principal or proprietor should consider whether any disciplinary action isappropriate against the pupil or student who made it; or whether the police should be
asked to consider if action might be appropriate against the person responsible, even if
he or she were not a pupil or student.

Learning lessons
245.
At the conclusion of a case in which an allegation is substantiated, thedesignated officer(s) should review the circumstances of the case with the case manager
to determine whether there are any improvements to be made to the school’s or college’s
procedures or practice to help prevent similar events in the future. This should include
issues arising from the decision to suspend the member of staff, the duration of thesuspension and whether or not suspension was justified. Lessons should also be learnt
from the use of suspension when the individual is subsequently reinstated. The
designated officer(s) and case manager should consider how future investigations of asimilar nature could be carried out without suspending the individual.

Further information
246.

See the College of Policing: Engagement, Communication and Media relations.

64Part five: Child on Child Sexual Violence and Sexual
Harassment
247.
This part of the guidance is about managing reports of child on child sexual
violence and sexual harassment.
248.
Governing bodies and proprietors should be aware that the department has
published detailed advice to support schools and colleges. The advice is available here:
Sexual Violence and Sexual Harassment Between Children in Schools and Colleges andincludes, what sexual violence and sexual harassment look like, important context to beaware of, related legal responsibilities for schools and colleges and advice on a whole
school or college approach to preventing child on child sexual violence and sexual
harassment.

Responding to reports of sexual violence and sexual
harassment
249.
Reports of sexual violence and sexual harassment are likely to be complex andrequire difficult professional decisions to be made, often quickly and under pressure. Preplanning, effective training and effective policies will provide schools and colleges withthe foundation for a calm, considered and appropriate response to any reports.
250.
This part of the guidance does not attempt to provide (nor would it be possible toprovide) detailed guidance on what to do in any or every particular case. The guidance
provides effective safeguarding practice and principles for schools and colleges toconsider in their decision making process.
251.
Ultimately, any decisions are for the school or college to make on a case-by-casebasis, with the designated safeguarding lead (or a deputy) taking a leading role and using
their professional judgement, supported by other agencies, such as children’s social careand the police as required.
252.
There is support available for schools and colleges. Paragraph 43 and Annex A
in the Sexual Violence and Sexual Harassment Between Children in Schools andColleges advice provides information and links to resources.

The immediate response to a report
Responding to the report
253.
The school’s or college’s initial response to a report from a child is important. It isessential that all victims are reassured that they are being taken seriously and that they
will be supported and kept safe. A victim should never be given the impression that they65are creating a problem by reporting sexual violence or sexual harassment. Nor should avictim ever be made to feel ashamed for making a report.
254.
As per Part one of this guidance, all staff should be trained to manage a report.
Local policies (and training) will dictate exactly how reports should be managed.
However, effective safeguarding practice includes:

not promising confidentiality at this initial stage as it is very likely a concern will
have to be shared further (for example, with the designated safeguarding lead or
children’s social care) to discuss next steps. Staff should only share the report withthose people who are necessary in order to progress it. It is important that thevictim understands what the next steps will be and who the report will be passedto;

recognising a child is likely to disclose to someone they trust: this could beanyone on the school or college staff. It is important that the person to whom thechild discloses recognises that the child has placed them in a position of trust.
They should be supportive and respectful of the child;

listening carefully to the child, being non-judgmental, being clear about boundaries
and how the report will be progressed, not asking leading questions and only
prompting the child where necessary with open questions – where, when, what,etc;considering the best way to make a record of the report. Best practice is to wait
until the end of the report and immediately write up a thorough summary. This
allows the staff member to devote their full attention to the child and to listen towhat they are saying. It may be appropriate to make notes during the report(especially if a second member of staff is present). However, if making notes, staff
should be conscious of the need to remain engaged with the child and not appear
distracted by the note taking. Either way, it is essential a written record is made;

only recording the facts as the child presents them. The notes should not reflect
the personal opinion of the note taker. Schools and colleges should be aware that
notes of such reports could become part of a statutory assessment by children’ssocial care and/or part of a criminal investigation;

where the report includes an online element, being aware of searching screening
and confiscation advice (for schools) and UKCCIS sexting advice (for schools andcolleges). The key consideration is for staff not to view or forward illegal images ofa child. The highlighted advice provides more details on what to do when viewing
an image is unavoidable.



if possible, managing reports with two members of staff present, (preferably one ofthem being the designated safeguarding lead or a deputy). However, this might
not always be possible; and66



informing the designated safeguarding lead (or deputy), as soon as practicallypossible, if the designated safeguarding lead (or deputy) is not involved in theinitial report.

Risk Assessment
255.
When there has been a report of sexual violence, the designated safeguarding
lead (or a deputy) should make an immediate risk and needs assessment. Where there
has been a report of sexual harassment, the need for a risk assessment should beconsidered on a case-by-case basis. The risk and needs assessment should consider:the victim, especially their protection and support;

the alleged perpetrator; and

all the other children (and, if appropriate, adult students and staff) at the school orcollege, especially any actions that are appropriate to protect them.

256. Risk assessments should be recorded (written or electronic) and should be kept
under review. At all times, the school or college should be actively considering the risks
posed to all their pupils and students and putting adequate measures in place to protect
them and keep them safe.
257. The designated safeguarding lead (or a deputy) should ensure they are engaging
with children’s social care and specialist services as required. Where there has been areport of sexual violence, it is likely that professional risk assessments by social workers
and or sexual violence specialists will be required. The risk assessment at paragraph 248
is not intended to replace the detailed assessments of expert professionals. Any suchprofessional assessments should be used to inform the school’s or college’s approach tosupporting and protecting their pupils and students and updating their own risk
assessment.

Action following a report of sexual violence and/or sexual
harassment
What to consider
258.
Schools and colleges should carefully consider any report of sexual violence
and/or sexual harassment. The designated safeguarding lead (or deputy) is likely to havea complete safeguarding picture and be the most appropriate person to advise on theschool’s or college’s initial response. Important considerations will include:

the wishes of the victim in terms of how they want to proceed. This is especially
important in the context of sexual violence and sexual harassment. Victims should
be given as much control as is reasonably possible over decisions regarding how
67

any investigation will be progressed and any support that they will be offered;the nature of the alleged incident(s), including: whether a crime may have beencommitted and consideration of harmful sexual behaviour;the ages of the children involved;

the developmental stages of the children involved;

any power imbalance between the children. For example, is the alleged
perpetrator significantly older, more mature or more confident? Does the victim
have a disability or learning difficulty?;

if the alleged incident is a one-off or a sustained pattern of abuse;

are there ongoing risks to the victim, other children, adult students or school orcollege staff; andother related issues and wider context. Contextual safeguarding is discussed atparagraph 32.

259.
As always when concerned about the welfare of a child, all staff should act in thebest interests of the child. In all cases, schools and colleges should follow generalsafeguarding principles as set out throughout this guidance. Immediate consideration
should be given as to how best to support and protect the victim and the alleged
perpetrator (and any other children involved/impacted).
260.
The starting point regarding any report should always be that sexual violence andsexual harassment is not acceptable and will not be tolerated. Especially important is not
to pass off any sexual violence or sexual harassment as ‘banter’, ‘part of growing up’ or‘having a laugh’.
Children sharing a classroom: Initial considerations when the report is madeAny report of sexual violence is likely to be traumatic for the victim.
However, reports of rape and assault by penetration are likely to be especially difficult
with regard to the victim and close proximity with the alleged perpetrator is likely to be
especially distressing. Whilst the school or college establishes the facts of the caseand starts the process of liaising with children’s social care and the police, the alleged
perpetrator should be removed from any classes they share with the victim. The schoolor college should also consider how best to keep the victim and alleged perpetrator areasonable distance apart on school or college premises and on transport to and fromthe school or college, where appropriate. These actions are in the best interests of bothchildren and should not be perceived to be a judgment on the guilt of the alleged
perpetrator.
For other reports of sexual violence and sexual harassment, the proximity of the victim
and alleged perpetrator and considerations regarding shared classes, sharing school68

or college premises and school or college transport, should be considered immediately.
In all cases, the initial report should be carefully evaluated, reflecting theconsiderations set out at paragraph 251. The wishes of the victim, the nature of theallegations and the protection of all children in the school or college will be especially
important when considering any immediate actions.

Options to manage the report261.
It is important that schools and colleges consider every report on a case-by-casebasis as per paragraph 251. When to inform the alleged perpetrator will be a decisionthat should be carefully considered. Where a report is going to be made to children’ssocial care and/or the police, then, as a general rule, the school or college should speak
to the relevant agency and discuss next steps and how the alleged perpetrator will be
informed of the allegations. However, as per general safeguarding principles, this does
not and should not stop the school or college taking immediate action to safeguard theirchildren, where required. There are four likely scenarios for schools and colleges toconsider when managing any reports of sexual violence and/or sexual harassment.
1. Manage internally

In some cases of sexual harassment, for example, one-off incidents, the school orcollege may take the view that the children concerned are not in need of early help
or statutory intervention and that it would be appropriate to handle the incident
internally, perhaps through utilising their behaviour policy and by providing
pastoral support.

Whatever the school’s or college’s response, it should be underpinned by theprinciple that sexual violence and sexual harassment is never acceptable and will
not be tolerated.

All concerns, discussions, decisions and reasons for decisions should be recorded(written or electronic).

2. Early helpIn line with 1 above, the school or college may decide that the children involved do
not require statutory interventions, but may benefit from early help. Early help
means providing support as soon as a problem emerges, at any point in a child’slife. Providing early help is more effective in promoting the welfare of children thanreacting later. Early help can be particularly useful to address non-violent harmful
sexual behaviour and may prevent escalation of sexual violence.



Full details of the early help process are in Chapter one of Working Together to69

Safeguard Children.
Multi-agency early help will work best when placed alongside strong school orcollege policies, preventative education and engagement with parents and carers.

Whatever the response, it should be under-pinned by the principle that sexual
violence and sexual harassment is never acceptable and will not be tolerated.

All concerns, discussions, decisions and reasons for decisions should be recorded(written or electronic).

3. Referrals to children’s social careWhere a child has been harmed, is at risk of harm, or is in immediate danger,schools and colleges should make a referral to local children’s social care.

At the referral to children’s social care stage, schools and colleges will generally
inform parents or carers, unless there are compelling reasons not to (if informing aparent or carer is going to put the child at additional risk). Any such decision
should be made with the support of children’s social care.



If a referral is made, children’s social care will then make enquiries to determine
whether any of the children involved are in need of protection or other services.



Where statutory assessments are appropriate, the school or college (especiallythe designated safeguarding lead or a deputy) should be working alongside, andcooperating with, the relevant lead social worker. Collaborative working will help
ensure the best possible package of coordinated support is implemented for thevictim and, where appropriate, the alleged perpetrator and any other children that
require support.



Schools and colleges should not wait for the outcome (or even the start) of achildren’s social care investigation before protecting the victim and other children
in the school or college. It will be important for the designated safeguarding lead(or a deputy) to work closely with children’s social care (and other agencies as
required) to ensure any actions the school or college takes do not jeopardise astatutory investigation. The risk assessment as per paragraph 255 will help informany decision. Consideration of safeguarding the victim, alleged perpetrator, anyother children directly involved in the safeguarding report and all children at theschool or college should be immediate.

In some cases, children’s social care will review the evidence and decide astatutory intervention is not appropriate. The school or college (generally led by
the designated safeguarding lead or a deputy) should be prepared to refer again if
they believe the child remains in immediate danger or at risk of harm. If a statutory
assessment is not appropriate, the designated safeguarding lead (or a deputy)70

should consider other support mechanisms such as early help, specialist support
and pastoral support.
Whatever the response, it should be under-pinned by the principle that sexual
violence and sexual harassment is never acceptable and will not be tolerated.

All concerns, discussions, decisions and reasons for decisions should be recorded(written or electronic).

4. Reporting to the Police

Any report to the police will generally be in parallel with a referral tochildren’s social care (as above).



It is important that the designated safeguarding lead (and their deputies) are clear
about the local process for referrals and follow that process.

Where a report of rape, assault by penetration or sexual assault is made, thestarting point is this should be passed on to the police. Whilst the age of criminal
responsibility is ten, if the alleged perpetrator is under ten, the starting principle ofreporting to the police remains. The police will take a welfare, rather than acriminal justice, approach.

At this stage, schools and colleges will generally inform parents or carers unlessthere are compelling reasons not to, for example, if informing a parent or carer islikely to put a child at additional risk. In circumstances where parents or carers
have not been informed, it will be especially important that the school or college is
supporting the child in any decision they take. This should be with the support ofchildren’s social care and any appropriate specialist agencies.



Where a report has been made to the police, the school or college should consult
the police and agree what information can be disclosed to staff and others, inparticular, the alleged perpetrator and their parents or carers. They should also
discuss the best way to protect the victim and their anonymity.

All police forces in England have specialist units that investigate child abuse. The
names and structures of these units are matters for local forces. It will be
important that the designated safeguarding lead (and their deputies) are aware of
their local arrangements.

In some cases, it may become clear very quickly, that the police (for whateverreason) will not take further action. In such circumstances, it is important that theschool or college continue to engage with specialist support for the victim as
required.

Whatever the response, it should be under-pinned by the principle that sexual
violence and sexual harassment is never acceptable and will not be tolerated.
71All concerns, discussions, decisions and reasons for decisions should be recorded(written or electronic).

Considering bail conditions


From April 2017, the use of police bail has been dramatically reduced and will only
be used when deemed necessary and proportionate in exceptional circumstances.
Consideration will be given to less invasive options to safeguard victims andwitnesses and the administration of justice. Therefore, it is less likely that a childattending school or college will be on police bail with conditions attached if there
are alternative measures to mitigate any risk.



In the absence of bail conditions, when there is a criminal investigation, early
engagement and joined up working between the school or college, children’ssocial care and the police will be critical to support the victim, alleged perpetrator
and other children involved (especially potential witnesses). Where required,advice from the police should be sought in order to help the school or college
manage their safeguarding responsibilities.



The term ‘Released Under Investigation’ or ‘RUI’ will replace those previously onbail for offences in circumstances that do not warrant the application of bail toeither re-attend on a particular date or to include conditions preventing activity orin some cases ensuring compliance with an administrative process.

Where bail is deemed proportionate and necessary, the school or college should
work with children’s social care and the police to manage any implications andsafeguard their children. An important consideration will be to ensure that thevictim can continue in their normal routine, including continuing to receive a
suitable education.

Managing any delays in the criminal process

There may be delays in any case that is being progressed through the criminal
justice system. Schools and colleges should not wait for the outcome (or eventhe start) of a police investigation before protecting the victim, alleged perpetrator
and other children in the school or college. The risk assessment as per paragraph255 will help inform any decision.

Whilst protecting children and/or taking any disciplinary measures against thealleged perpetrator, it will be important for the designated safeguarding lead (or adeputy) to work closely with the police (and other agencies as required), to ensure
any actions the school or college take do not jeopardise the police investigation.



If schools or colleges have questions about the investigation, they should ask thepolice. The police will help and support the school or college as much as they can(within the constraints of any legal restrictions).

72

The end of the criminal process

If a child is convicted or receives a caution for a sexual offence, the school orcollege should update its risk assessment, ensure relevant protections are in place
for all the children at the school or college and, if it has not already, consider any
suitable action in light of their behaviour policy. If the perpetrator remains in thesame school or college as the victim, the school or college should be very clear as
to their expectations regarding the perpetrator now they have been convicted or
cautioned. This could include expectations regarding their behaviour and any
restrictions the school or college thinks are reasonable and proportionate withregard to the perpetrator’s timetable.



Any conviction (even with legal anonymity reporting restrictions) is potentiallygoing to generate interest among other pupils or students in the school or college.
It will be important that the school or college ensure both the victim and alleged
perpetrator remain protected, especially from any bullying or harassment(including online).



Where cases are classified as “no further action” (NFA’d) by the police or Crown
Prosecution Service, or where there is a not guilty verdict, the school or college
should continue to offer support to the victim and the alleged perpetrator for as
long as is necessary. A not guilty verdict or a decision not to progress with theircase will likely be traumatic for the victim. The fact that an allegation cannot be
substantiated does not necessarily mean that it was unfounded. Schools andcolleges should discuss any decisions with the victim in this light and continue tooffer support. The alleged perpetrator is also likely to require ongoing support forwhat will have likely been a difficult experience.

Ongoing response
Safeguarding and supporting the victim
262.
The following principles are based on effective safeguarding practice and should
help shape any decisions regarding safeguarding and supporting the victim.
Consider the age and the developmental stage of the victim, the nature of theallegations and the potential risk of further abuse. Schools and colleges should beaware that, by the very nature of sexual violence and sexual harassment, a power
imbalance is likely to have been created between the victim and alleged
perpetrator.



The needs and wishes of the victim should be paramount (along with protecting
the child) in any response. It is important they feel in as much control of theprocess as is reasonably possible. Wherever possible, the victim, if they wish,
73

should be able to continue in their normal routine. Overall, the priority should be to
make the victim’s daily experience as normal as possible, so that the school orcollege is a safe space for them.
The victim should never be made to feel they are the problem for making a reportor made to feel ashamed for making a report.

Consider the proportionality of the response. Support should be tailored on acase-by-case basis. The support required regarding a one-off incident ofsexualised name-calling is likely to be vastly different from that for a report of rape.
Support can include:Children and Young People’s Independent Sexual Violence Advisors(ChISVAs) provide emotional and practical support for victims of sexual
violence. They are based within the specialist sexual violence sector and will
help the victim understand what their options are and how the criminal justiceprocess works if they have reported or are considering reporting to the police.
ChISVAs will work in partnership with schools and colleges to ensure the best
possible outcomes for the victim.

Police and social care agencies can signpost to ChISVA services (whereavailable) or referrals can be made directly to the ChISVA service by the young
person or school or college. Contact details for ChISVAs can be found at Rape
Crisis and The Survivors Trust.

Child and adolescent mental health services (CAMHS)

Rape Crisis Centre's can provide therapeutic support for children who haveexperienced sexual violence.

Internet Watch Foundation (to potentially remove illegal images).

263.
Victims may not disclose the whole picture immediately. They may be more
comfortable providing information on a piecemeal basis. It is essential that dialogue is
kept open and encouraged. When it is clear that ongoing support will be required,schools and colleges should ask the victim if they would find it helpful to have adesignated trusted adult (for example, their form tutor or designated safeguarding lead)to talk to about their needs. The choice of any such adult should be the victim’s. Schools
and colleges should respect and support this choice.
264.
A victim of sexual violence is likely to be traumatised and, in some cases, may
struggle in a normal classroom environment. While schools and colleges should avoid
any action that would have the effect of isolating the victim, in particular from supportive
peer groups, there may be times when the victim finds it difficult to maintain a full-timetimetable and may express a wish to withdraw from lessons and activities. This should be74

because the victim wants to, not because it makes it easier to manage the situation. If
required, schools and colleges should provide a physical space for victims to withdraw.
265.
It may be necessary for schools and colleges to maintain arrangements to protect
and support the victim for a long time. Schools and colleges should be prepared for thisand should work with children’s social care and other agencies as required.
266.
It is important that the school or college do everything they reasonably can toprotect the victim from bullying and harassment as a result of any report they have made.
267.
Whilst they should be given all the necessary support to remain in their school orcollege, if the trauma results in the victim being unable to do this, alternative provision ora move to another school or college should be considered to enable them to continue toreceive suitable education. This should only be at the request of the victim (and following
discussion with their parents or carers).
268.
It is important that if the victim does move to another educational institution (forany reason), that the new educational institution is made aware of any ongoing support
needs. The designated safeguarding lead should take responsibility to ensure thishappens (and should discuss with the victim and, where appropriate their parents or
carers as to the most suitable way of doing this) as well as transferring the childprotection file. Information sharing advice referenced at paragraph 76 will help support
this process.
Ongoing Considerations: Victim and alleged perpetrator sharing classes
Page 65 considered the immediate response to a report. Once the designatedsafeguarding lead (or a deputy) has decided what the next steps will be in terms ofprogressing the report, they should consider again the question of the victim andalleged perpetrator sharing classes and sharing space at school or college. This will
inevitably involve complex and difficult professional decisions, including considering
their duty to safeguard children and their duty to educate them. It is important eachreport is considered on a case-by-case basis and risk assessments are updated as
appropriate. As always when concerned about the welfare of a child, the bestinterests of the child should come first. In all cases, schools and colleges should
follow general safeguarding principles as per this guidance.
Where there is a criminal investigation into a rape, assault by penetration or sexualassault, the alleged perpetrator should be removed from any classes they share withthe victim. The school or college should also consider how best to keep the victim andalleged perpetrator a reasonable distance apart on school or college premises and on
transport to and from school or college where appropriate. This is in the best interestsof both children and should not be perceived to be a judgement on the guilt of thealleged perpetrator. As per paragraph 261, close liaison with the police is essential.

75

Where a criminal investigation into a rape or assault by penetration leads to aconviction or caution, the school or college should take suitable action, if they havenot already done so. In all but the most exceptional of circumstances, the rape orassault is likely to constitute a serious breach of discipline and lead to the view thatallowing the perpetrator to remain in the same school or college would seriously harmthe education or welfare of the victim (and potentially other pupils or students).
Where a criminal investigation into sexual assault leads to a conviction or caution, theschool or college should, if it has not already, consider any suitable sanctions in lightof their behaviour policy, including consideration of permanent exclusion.100 Where
the perpetrator is going to remain at the school or college, the principle would be tocontinue keeping the victim and perpetrator in separate classes and continue toconsider the most appropriate way to manage potential contact on school and college
premises and transport. The nature of the conviction or caution and wishes of thevictim will be especially important in determining how to proceed in such cases.
In all cases, schools and colleges should record and be able to justify their decisionmaking.
Reports of sexual assault and sexual harassment will, in some cases, not lead to areport to the police (for a variety of reasons). In some cases, rape, assault bypenetration, sexual assault or sexual harassment are reported to the police and thecase is not progressed or are reported to the police and ultimately result in a not guilty
verdict. None of this means the offence did not happen or that the victim lied. The
process will have affected both victim and alleged perpetrator. Appropriate supportshould be provided to both as required and consideration given to sharing classes
and potential contact as required on a case-by-case basis. In all cases, schools andcolleges should record and be able to justify their decision-making.
All of the above should be considered with the needs and wishes of the victim at theheart of the process (supported by parents and carers as required). Any
arrangements should be kept under review.

Safeguarding and supporting the alleged perpetrator
269.
The following principles are based on effective safeguarding practice and should
help shape any decisions regarding safeguarding and supporting the alleged perpetrator:

The school or college will have a difficult balancing act to consider. On one hand, theyneed to safeguard the victim (and the wider pupil/student body) and on the other hand

100

Maintained schools, academies and pupil referral units should follow the statutory guidance here. Independent schools andcolleges should consider excluding as per their own policies.

76provide the alleged perpetrator with an education, safeguarding support asappropriate and implement any disciplinary sanctions.
Consider the age and the developmental stage of the alleged perpetrator and natureof the allegations. Any child will likely experience stress as a result of being the
subject of allegations and/or negative reactions by their peers to the allegations
against them.

Consider the proportionality of the response. Support (and sanctions) should beconsidered on a case-by-case basis. An alleged perpetrator may potentially haveunmet needs (in some cases these may be considerable) as well as potentially posing
a risk of harm to other children. Harmful sexual behaviours in young children may be(and often are101) a symptom of either their own abuse or exposure to abusive
practices and or materials. Advice should be taken, as appropriate, from children’ssocial care, specialist sexual violence services and the police.



It is important that if the alleged perpetrator does move to another educational
institution (for any reason), that the new educational institution is made aware of any
ongoing support needs and where appropriate, potential risks to other children andstaff. The designated safeguarding lead should take responsibility to ensure thishappens as well as transferring the child protection file. Information sharing advice
referenced at paragraph 76 will help support this process.

101

Hackett et al 2013 study of children and young people with harmful sexual behaviour suggests that two-thirds had experienced
some kind of abuse or trauma.

77Annex A: Further information
Annex A contains important additional information about specific forms of abuse andsafeguarding issues. School and college leaders and those staff who work directly withchildren should read this annex.
As per Part one of this guidance, if staff have any concerns about a child’s welfare, theyshould act on them immediately. They should follow their own organisation’s childprotection policy and speak to the designated safeguarding lead (or deputy).
Where a child is suffering, or is likely to suffer from significant harm, it is importantthat a referral to children’s social care (and if appropriate the police) is madeimmediately.

Table of ContentsChildren and the court system

79

Children missing from education

79

Children with family members in prison

79

Child sexual exploitation

79

Child criminal exploitation: county lines

80

Domestic abuse

81

Homelessness

82

So-called ‘honour-based’ violence (including Female Genital Mutilation and Forced
Marriage)83
Preventing radicalisation

84

Peer on peer abuse

86

Sexual violence and sexual harassment between children in schools and colleges 87
What is Sexual violence and sexual harassment?

87

Upskirting89

The response to a report of sexual violence or sexual harassment

89

Additional advice and support

89

78

Children and the court system
Children are sometimes required to give evidence in criminal courts, either for crimes
committed against them or for crimes they have witnessed. There are two age
appropriate guides to support children 5-11-year olds and 12-17 year olds.
The guides explain each step of the process, support and special measures that areavailable. There are diagrams illustrating the courtroom structure and the use of video
links is explained.
Making child arrangements via the family courts following separation can be stressful andentrench conflict in families. This can be stressful for children. The Ministry of Justice haslaunched an online child arrangements information tool with clear and concise
information on the dispute resolution service. This may be useful for some parents andcarers.

Children missing from education
All staff should be aware that children going missing, particularly repeatedly, can act as avital warning sign of a range of safeguarding possibilities. This may include abuse andneglect, which may include sexual abuse or exploitation and child criminal exploitation. It
may indicate mental health problems, risk of substance abuse, risk of travelling to conflictzones, risk of female genital mutilation or risk of forced marriage. Early intervention isnecessary to identify the existence of any underlying safeguarding risk and to help
prevent the risks of a child going missing in future. Staff should be aware of their school’sor college’s unauthorised absence and children missing from education procedures.

Children with family members in prison
Approximately 200,000 children in England and Wales have a parent sent to prison eachyear. These children are at risk of poor outcomes including poverty, stigma, isolation andpoor mental health. NICCO provides information designed to support professionals
working with offenders and their children, to help mitigate negative consequences for
those children.

Child sexual exploitation
Child sexual exploitation is a form of child sexual abuse. It occurs where an individual
or group takes advantage of an imbalance of power to coerce, manipulate or deceivea child or young person under the age of 18 into sexual activity (a) in exchange forsomething the victim needs or wants, and/or (b) for the financial advantage or79

increased status of the perpetrator or facilitator. The victim may have been sexually
exploited even if the sexual activity appears consensual. Child sexual exploitation
does not always involve physical contact, it can also occur through the use oftechnology. Like all forms of child sex abuse, child sexual exploitation:











can affect any child or young person (male or female) under the age of 18
years, including 16 and 17 year olds who can legally consent to have sex;
can still be abuse even if the sexual activity appears consensual;can include both contact (penetrative and non-penetrative acts) and noncontact sexual activity;
can take place in person or via technology, or a combination of both;
can involve force and/or enticement-based methods of compliance and may, or
may not, be accompanied by violence or threats of violence;
may occur without the child or young person’s immediate knowledge (e.g.
through others copying videos or images they have created and posted onsocial media);can be perpetrated by individuals or groups, males or females, and children or
adults. The abuse can be a one-off occurrence or a series of incidents overtime, and range from opportunistic to complex organised abuse; andis typified by some form of power imbalance in favour of those perpetrating theabuse. Whilst age may be the most obvious, this power imbalance can also be
due to a range of other factors including gender, sexual identity, cognitive
ability, physical strength, status, and access to economic or other resources.

Some of the following signs may be indicators of child sexual exploitation:










children who appear with unexplained gifts or new possessions;children who associate with other young people involved in exploitation;
children who have older boyfriends or girlfriends;
children who suffer from sexually transmitted infections or become pregnant;children who suffer from changes in emotional well-being;
children who misuse drugs and alcohol;children who go missing for periods of time or regularly come home late; andchildren who regularly miss school or education or do not take part ineducation.

Child criminal exploitation: county lines
Criminal exploitation of children is a geographically widespread form of harm that is atypical feature of county lines criminal activity, drug networks or gangs groom and exploit
children and young people to carry drugs and money from urban areas to suburban andrural areas, market and seaside towns. Key to identifying potential involvement in county
80

lines are missing episodes, when the victim may have been trafficked for the purpose oftransporting drugs and a referral to the National Referral Mechanism102 should beconsidered. Like other forms of abuse and exploitation, county lines exploitation:







can affect any child or young person (male or female) under the age of 18
years;
can affect any vulnerable adult over the age of 18 years;
can still be exploitation even if the activity appears consensual;can involve force and/or enticement-based methods of compliance and is often
accompanied by violence or threats of violence;
can be perpetrated by individuals or groups, males or females, and young
people or adults; andis typified by some form of power imbalance in favour of those perpetrating the
exploitation. Whilst age may be the most obvious, this power imbalance canalso be due to a range of other factors including gender, cognitive ability,
physical strength, status, and access to economic or other resources.

Domestic abuse
The cross-government definition of domestic violence and abuse is:
Any incident or pattern of incidents of controlling, coercive, threatening behaviour,
violence or abuse between those aged 16 or over who are, or have been, intimate
partners or family members regardless of gender or sexuality. The abuse canencompass, but is not limited to:






psychological;
physical;sexual;financial; andemotional.

Exposure to domestic abuse and/or violence can have a serious, long lastingemotional and psychological impact on children. In some cases, a child may blame
themselves for the abuse or may have had to leave the family home as a result.
Domestic abuse affecting young people can also occur within their personal
relationships, as well as in the context of their home life.

102 Home Office - Modern slavery victims: referral and assessment forms.

81

Advice on identifying children who are affected by domestic abuse and how they canbe helped is available at:

NSPCC- UK domestic-abuse Signs Symptoms Effects



Refuge what is domestic violence/effects of domestic violence on children

Safelives: young people and domestic abuse.

Homelessness
Being homeless or being at risk of becoming homeless presents a real risk to a child’s
welfare. The designated safeguarding lead (and any deputies) should be aware ofcontact details and referral routes in to the Local Housing Authority so they canraise/progress concerns at the earliest opportunity. Indicators that a family may be at riskof homelessness include household debt, rent arrears, domestic abuse and anti-social
behaviour, as well as the family being asked to leave a property. Whilst referrals and/or
discussion with the Local Housing Authority should be progressed as appropriate, and inaccordance with local procedures, this does not, and should not, replace a referral into
children’s social care where a child has been harmed or is at risk of harm.
The Homelessness Reduction Act 2017 places a new legal duty on English councils sothat everyone who is homeless or at risk of homelessness will have access to meaningfulhelp including an assessment of their needs and circumstances, the development of apersonalised housing plan, and work to help them retain their accommodation or find a
new place to live. The following factsheets usefully summarise the new duties: Homeless
Reduction Act Factsheets. The new duties shift focus to early intervention and encourage
those at risk to seek support as soon as possible, before they are facing a homelessness
crisis.
In most cases school and college staff will be considering homelessness in the context ofchildren who live with their families, and intervention will be on that basis. However, it
should also be recognised in some cases 16 and 17 year olds could be living
independently from their parents or guardians, for example through their exclusion fromthe family home, and will require a different level of intervention and support. Children’s
services will be the lead agency for these young people and the designated safeguarding
lead (or a deputy) should ensure appropriate referrals are made based on the child’s
circumstances. The department and the Ministry of Housing, Communities and Local
Government have published joint statutory guidance on the provision of accommodationfor 16 and 17 year olds who may be homeless and/or require accommodation: here.

82

So-called ‘honour-based’ violence (including Female Genital Mutilation
and Forced Marriage)
So-called ‘honour-based’ violence (HBV) encompasses incidents or crimes which havebeen committed to protect or defend the honour of the family and/or the community,
including female genital mutilation (FGM), forced marriage, and practices such asbreast ironing. Abuse committed in the context of preserving “honour” often involves awider network of family or community pressure and can include multiple perpetrators.
It is important to be aware of this dynamic and additional risk factors when deciding
what form of safeguarding action to take. All forms of HBV are abuse (regardless ofthe motivation) and should be handled and escalated as such. Professionals in allagencies, and individuals and groups in relevant communities, need to be alert to thepossibility of a child being at risk of HBV, or already having suffered HBV.
Actions
If staff have a concern regarding a child that might be at risk of HBV or who has
suffered from HBV, they should speak to the designated safeguarding lead (ordeputy). As appropriate, they will activate local safeguarding procedures, using
existing national and local protocols for multi-agency liaison with police and children’ssocial care. Where FGM has taken place, since 31 October 2015 there has been amandatory reporting duty placed on teachers103 that requires a different approach(see following section).
FGM
FGM comprises all procedures involving partial or total removal of the external female
genitalia or other injury to the female genital organs. It is illegal in the UK and a form ofchild abuse with long-lasting harmful consequences.
FGM mandatory reporting duty for teachers
Section 5B of the Female Genital Mutilation Act 2003 (as inserted by section 74 of the
Serious Crime Act 2015) places a statutory duty upon teachers along with regulated
health and social care professionals in England and Wales, to report to the police where
they discover (either through disclosure by the victim or visual evidence) that FGM
appears to have been carried out on a girl under 18. Those failing to report such cases
will face disciplinary sanctions. It will be rare for teachers to see visual evidence, andthey should not be examining pupils or students, but the same definition of what is meantby “to discover that an act of FGM appears to have been carried out” is used for all

103 Under Section 5B(11)(a) of the Female Genital Mutilation Act 2003, “teacher” means, in relation to England, aperson within section 141A(1) of the Education Act 2002 (persons employed or engaged to carry out teaching work at
schools and other institutions in England).

83

professionals to whom this mandatory reporting duty applies. Information on when andhow to make a report can be found at: Mandatory reporting of female genital mutilation
procedural information
Teachers must personally report to the police cases where they discover that an act of
FGM appears to have been carried out.104 Unless the teacher has good reason not to,they should still consider and discuss any such case with the school’s or college’s
designated safeguarding lead (or deputy) and involve children’s social care as
appropriate. The duty does not apply in relation to at risk or suspected cases (i.e.
where the teacher does not discover that an act of FGM appears to have been carriedout, either through disclosure by the victim or visual evidence) or in cases where thewoman is 18 or over. In these cases, teachers should follow local safeguarding
procedures. The following is a useful summary of the FGM mandatory reporting duty:
FGM Fact Sheet.
Forced marriage
Forcing a person into a marriage is a crime in England and Wales. A forced marriage
is one entered into without the full and free consent of one or both parties and where
violence, threats or any other form of coercion is used to cause a person to enter intoa marriage. Threats can be physical or emotional and psychological. A lack of full andfree consent can be where a person does not consent or where they cannot consent (ifthey have learning disabilities, for example). Nevertheless, some communities use
religion and culture as a way to coerce a person into marriage. Schools and colleges
can play an important role in safeguarding children from forced marriage.
The Forced Marriage Unit has published statutory guidance and Multi-agency
guidelines, pages 35-36 of which focus on the role of schools and colleges. School
and college staff can contact the Forced Marriage Unit if they need advice orinformation: Contact: 020 7008 0151 or email fmu@fco.gov.uk.

Preventing radicalisation
Children are vulnerable to extremist ideology and radicalisation. Similar to protecting
children from other forms of harms and abuse, protecting children from this risk should
be a part of a schools’ or colleges’ safeguarding approach.

104 Section 5B(6) of the Female Genital Mutilation Act 2003 states teachers need not report a case to the police if they

have reason to believe that another teacher has already reported the case.

84

Extremism105 is the vocal or active opposition to our fundamental values, including
democracy, the rule of law, individual liberty and the mutual respect and tolerance ofdifferent faiths and beliefs. This also includes calling for the death of members of thearmed forces. Radicalisation106 refers to the process by which a person comes tosupport terrorism and extremist ideologies associated with terrorist groups.
There is no single way of identifying whether a child is likely to be susceptible to an
extremist ideology. Background factors combined with specific influences such as
family and friends may contribute to a child’s vulnerability. Similarly, radicalisation canoccur through many different methods (such as social media) and settings (such as
the internet).
However, it is possible to protect vulnerable people from extremist ideology andintervene to prevent those at risk of radicalisation being radicalised. As with othersafeguarding risks, staff should be alert to changes in children’s behaviour, which
could indicate that they may be in need of help or protection. Staff should use theirjudgement in identifying children who might be at risk of radicalisation and act
proportionately which may include the designated safeguarding lead (or deputy)
making a referral to the Channel programme.
The Prevent duty
All schools and colleges are subject to a duty under section 26 of the CounterTerrorism and Security Act 2015 (the CTSA 2015), in the exercise of their functions, tohave “due regard107 to the need to prevent people from being drawn into terrorism”.108
This duty is known as the Prevent duty.
The Prevent duty should be seen as part of schools’ and colleges’ wider safeguarding
obligations. Designated safeguarding leads and other senior leaders should familiarise
themselves with the revised Prevent duty guidance: for England and Wales, especiallyparagraphs 57-76, which are specifically concerned with schools (and also covers
childcare). The guidance is set out in terms of four general themes: risk assessment,
working in partnership, staff training, and IT policies.

105 As defined in the Government’s Counter Extremism Strategy.
106 As defined in the Revised Prevent Duty Guidance for England and Wales.
107 According to the Prevent duty guidance ‘having due regard’ means that the authorities should place an appropriate

amount of weight on the need to prevent people being drawn into terrorism when they consider all the other factors
relevant to how they carry out their usual functions.
108 “Terrorism” for these purposes has the same meaning as for the Terrorism Act 2000 (section 1(1) to (4) of that Act).

85

Additional support
The department has published advice for schools on the Prevent duty. The advice isintended to complement the Prevent guidance and signposts other sources of advice
and support.
There is additional guidance: Prevent duty guidance: for further education institutions
in England and Wales that applies to colleges.
Educate Against Hate, a website launched by the Her Majesty’s Government has beendeveloped to support and equip school and college leaders, teachers, and parents
with information, tools and resources (including on the promotion of fundamental
British values) to help recognise and address extremism and radicalisation in young
people. The platform provides information on and access to training resources forteachers, staff and school and college leaders, some of which are free such as
Prevent e-learning, via the Prevent Training catalogue.
ChannelChannel is a programme which focuses on providing support at an early stage to
people who are identified as being vulnerable to being drawn into terrorism. It provides
a mechanism for schools to make referrals if they are concerned that an individual
might be vulnerable to radicalisation. An individual’s engagement with the programmeis entirely voluntary at all stages. Guidance on Channel is available at: Channel
guidance, and a Channel awareness e-learning programme is available for staff at:
Channel General Awareness.
The school’s or college’s designated safeguarding lead (and any deputies) should beaware of local procedures for making a Channel referral. As a Channel partner, theschool or college may be asked to attend a Channel panel to discuss the individualreferred to determine whether they are vulnerable to being drawn into terrorism andconsider the appropriate support required.

Peer on peer abuse
Children can abuse other children. This is generally referred to as peer on peer abuse
and can take many forms. This can include (but is not limited to): bullying (including
cyberbullying); sexual violence and sexual harassment; physical abuse such as hitting,kicking, shaking, biting, hair pulling, or otherwise causing physical harm; sexting andinitiation/hazing type violence and rituals.

86Sexual violence and sexual harassment between children in schools
and collegesContext
Sexual violence and sexual harassment can occur between two children of any age andsex. It can also occur through a group of children sexually assaulting or sexuallyharassing a single child or group of children.
Children who are victims of sexual violence and sexual harassment will likely find theexperience stressful and distressing. This will, in all likelihood, adversely affect theireducational attainment. Sexual violence and sexual harassment exist on a continuum
and may overlap, they can occur online and offline (both physical and verbal) and arenever acceptable. It is important that all victims are taken seriously and offeredappropriate support. Staff should be aware that some groups are potentially more at risk.
Evidence shows girls, children with SEND and LGBT children are at greater risk.
Staff should be aware of the importance of:making clear that sexual violence and sexual harassment is not acceptable, will
never be tolerated and is not an inevitable part of growing up;
not tolerating or dismissing sexual violence or sexual harassment as “banter”,“part of growing up”, “just having a laugh” or “boys being boys”; andchallenging behaviours (potentially criminal in nature), such as grabbing bottoms,
breasts and genitalia, flicking bras and lifting up skirts. Dismissing or toleratingsuch behaviours risks normalising them.

What is sexual violence and sexual harassment?
Sexual violence
It is important that school and college staff are aware of sexual violence and the factchildren can, and sometimes do, abuse their peers in this way. When referring to sexual
violence we are referring to sexual violence offences under the Sexual Offences Act
2003109 as described below:
Rape: A person (A) commits an offence of rape if: he intentionally penetrates the vagina,
anus or mouth of another person (B) with his penis, B does not consent to thepenetration and A does not reasonably believe that B consents.
Assault by Penetration: A person (A) commits an offence if: s/he intentionallypenetrates the vagina or anus of another person (B) with a part of her/his body or

109

Legislation.gov.uk

87

anything else, the penetration is sexual, B does not consent to the penetration and A
does not reasonably believe that B consents.
Sexual Assault: A person (A) commits an offence of sexual assault if: s/he intentionally
touches another person (B), the touching is sexual, B does not consent to the touchingand A does not reasonably believe that B consents.
What is consent?110 Consent is about having the freedom and capacity to choose.
Consent to sexual activity may be given to one sort of sexual activity but not another,e.g.to vaginal but not anal sex or penetration with conditions, such as wearing a condom.
Consent can be withdrawn at any time during sexual activity and each time activity
occurs. Someone consents to vaginal, anal or oral penetration only if s/he agrees bychoice to that penetration and has the freedom and capacity to make that choice. 111
Sexual harassment
When referring to sexual harassment we mean ‘unwanted conduct of a sexual nature’
that can occur online and offline. When we reference sexual harassment, we do so in thecontext of child on child sexual harassment. Sexual harassment is likely to: violate achild’s dignity, and/or make them feel intimidated, degraded or humiliated and/or create ahostile, offensive or sexualised environment.
Whilst not intended to be an exhaustive list, sexual harassment can include:







sexual comments, such as: telling sexual stories, making lewd comments, making
sexual remarks about clothes and appearance and calling someone sexualised
names;
sexual “jokes” or taunting;physical behaviour, such as: deliberately brushing against someone, interferingwith someone’s clothes (schools and colleges should be considering when any ofthis crosses a line into sexual violence - it is important to talk to and consider theexperience of the victim) and displaying pictures, photos or drawings of a sexual
nature; andonline sexual harassment. This may be standalone, or part of a wider pattern ofsexual harassment and/or sexual violence.112 It may include:

non-consensual sharing of sexual images and videos;sexualised online bullying;
unwanted sexual comments and messages, including, on social media;

110

It is important school and college staff (and especially designated safeguarding leads and their deputies) understand consent. This
will be especially important if a child is reporting they have been raped. More information: here.
111
PSHE Teaching about consent from the PSHE association provides advice and lesson plans to teach consent at Key stage 3 and
4.
112 Project deSHAME from Childnet provides useful research, advice and resources regarding online sexual harassment.

88



sexual exploitation; coercion and threats; andupskirting.

Upskirting113‘Upskirting’ typically involves taking a picture under a person’s clothing without themknowing, with the intention of viewing their genitals or buttocks to obtain sexual
gratification, or cause the victim humiliation, distress or alarm. It is now a criminal
offence.

The response to a report of sexual violence or sexual harassment
The initial response to a report from a child is important. It is essential that all victims arereassured that they are being taken seriously and that they will be supported and kept
safe. A victim should never be given the impression that they are creating a problem byreporting sexual violence or sexual harassment. Nor should a victim ever be made to feelashamed for making a report.
If staff have a concern about a child or a child makes a report to them, they should follow
the referral process as set out from paragraph 35 in Part one of this guidance. As is
always the case, if staff are in any doubt as to what to do they should speak to thedesignated safeguarding lead (or a deputy).

Additional advice and support
Abuse or
Safeguarding
issue

Link to Guidance/Advice

SourceAbuse

What to do if you're worried a child is being abused

DfE advice

Domestic abuse: Various Information/GuidanceHome Office

Faith based abuse: National Action Plan

DfE advice

Relationship abuse: disrespect nobody

Home Office website

Preventing bullying including cyberbullying

DfE advice

Advice for 5-11-year olds witnesses in criminal courts

MoJ advice

Bullying

113Additional information can be found at GOV.UK.

89

Abuse or
Safeguarding
issue

Link to Guidance/Advice

SourceChildren and thecourtsAdvice for 12-17 year old witnesses in criminal courts

MoJ advice

Children missing
from education,home or careChildren missing education

DfE statutory guidanceChild missing from home or care

DfE statutory guidanceChildren and adults missing strategy

Home Office strategy

Children withfamily members inprisonNational Information Centre on Children of Offenders

Barnardo’s in partnershipwith Her Majesty’s Prisonand Probation Service(HMPPS) advice

Child Exploitation

County Lines: criminal exploitation of children and vulnerable adults

Home Office guidanceChild sexual exploitation: guide for practitioners

DfE

Trafficking: safeguarding children

DfE and HO guidanceDrugs: advice for schools

DfE and ACPO advice

Drug strategy 2017

Home Office strategy

Information and advice on drugs

Talk to Frank website

ADEPIS platform sharing information and resources for schools:
covering drug (& alcohol) prevention

Website developed by
Mentor UK

Female genital mutilation: information and resourcesHome OfficeFemale genital mutilation: multi agency statutory guidance

DfE, DH, and HO
statutory guidance

Forced marriage: statutory guidance and government advice

Foreign Commonwealth
Office and Home Office

Fabricated or induced illness: safeguarding children

DfE, Department for
Health and Home Office

Rise Above: Free PSHE resources on health, wellbeing andresilience

Public Health England
resources

Medical-conditions: supporting pupils at school

DfE statutory guidance

Mental health and behaviour

DfE advice

Homelessness: How local authorities should exercise their functions

MHCLG

Drugs

“Honour Based
Violence”(so called)

Health and Wellbeing

Homelessness90Abuse or
Safeguarding
issue

Link to Guidance/Advice

SourceOnlineSexting: responding to incidents and safeguarding children

UK Council for ChildInternet Safety

Private fostering

Private fostering: local authorities

DfE - statutory guidance

Radicalisation

Prevent duty guidanceHome Office guidancePrevent duty advice for schools

DfE advice

Educate Against Hate Website

DfE and Home OfficeGangs and youth violence: for schools and collegesHome Office advice

Ending violence against women and girls 2016-2020 strategy

Home Office strategy

Violence against women and girls: national statement of
expectations for victims

Home Office guidance

Sexual violence and sexual harassment between children in schools
and colleges

DfE advice

Serious violence strategy

Home Office Strategy

Violence

91

Annex B: Role of the designated safeguarding lead
Governing bodies, proprietors and management committees should ensure an
appropriate senior member of staff, from the school or college leadership team, isappointed to the role of designated safeguarding lead.114 The designated safeguarding
lead should take lead responsibility for safeguarding and child protection (including
online safety). This should be explicit in the role holder’s job description. This person
should have the appropriate status and authority within the school to carry out theduties of the post. They should be given the time, funding, training, resources andsupport to provide advice and support to other staff on child welfare and childprotection matters, to take part in strategy discussions and inter-agency meetings,
and/or to support other staff to do so, and to contribute to the assessment of children.

Deputy designated safeguarding leads
It is a matter for individual schools and colleges as to whether they choose to haveone or more deputy designated safeguarding leads. Any deputies should be trained tothe same standard as the designated safeguarding lead and the role should be explicitin their job description. Whilst the activities of the designated safeguarding lead can bedelegated to appropriately trained deputies, the ultimate lead responsibility for childprotection, as set out above, remains with the designated safeguarding lead, this lead
responsibility should not be delegated.

Manage referrals
The designated safeguarding lead is expected to:refer cases of suspected abuse to the local authority children’s social care as
required;

support staff who make referrals to local authority children’s social care;refer cases to the Channel programme where there is a radicalisation concern as
required;

support staff who make referrals to the Channel programme;

114 When a school has a sole proprietor rather than a governing body, appropriate steps should be taken to ensure thatthe member of the senior leadership team who is appointed as designated safeguarding lead (DSL) is able todischarge that role with sufficient independence, particularly in relation to any allegations involving the proprietor or
members of the proprietor’s family. This may involve including in the appointment as DSL, written confirmation that partof the duties of the post involve contacting the Local Authority Designated Officer on any matter that the DSL considers
cannot be properly dealt with internally. Consideration could also be given to providing the DSL with access to external
advice from an appropriate company or legal service.

92



refer cases where a person is dismissed or left due to risk/harm to a child to theDisclosure and Barring Service as required; and

refer cases where a crime may have been committed to the Police as required.

Work with others
The designated safeguarding lead is expected to:act as a point of contact with the three safeguarding partners;

liaise with the headteacher or principal to inform him or her of issues- especiallyongoing enquiries under section 47 of the Children Act 1989 and police
investigations;

as required, liaise with the “case manager” (as per Part four) and the designatedofficer(s) at the local authority for child protection concerns in cases which concern
a staff member;liaise with staff (especially pastoral support staff, school nurses, IT Technicians,
and SENCOs or the named person with oversight for SEN in a college) on mattersof safety and safeguarding (including online and digital safety) and when deciding
whether to make a referral by liaising with relevant agencies; and

act as a source of support, advice and expertise for all staff.

Training
The designated safeguarding lead (and any deputies) should undergo training toprovide them with the knowledge and skills required to carry out the role. This training
should be updated at least every two years. The designated safeguarding lead should
undertake Prevent awareness training.
In addition to the formal training set out above, their knowledge and skills should be
refreshed (this might be via e-bulletins, meeting other designated safeguarding leads,
or simply taking time to read and digest safeguarding developments) at regularintervals, as required, and at least annually, to allow them to understand and keep up
with any developments relevant to their role so they:

understand the assessment process for providing early help and statutory
intervention, including local criteria for action and local authority children’s social
care referral arrangements.115

115 Full details in Chapter one of Working Together to Safeguard Children.

93have a working knowledge of how local authorities conduct a child protection caseconference and a child protection review conference and be able to attend andcontribute to these effectively when required to do so;ensure each member of staff has access to, and understands, the school’s orcollege’s child protection policy and procedures, especially new and part time staff;

are alert to the specific needs of children in need, those with special educational
needs and young carers;116understand relevant data protection legislation and regulations, especially the Data
Protection Act 2018 and the General Data Protection Regulation.

understand the importance of information sharing, both within the school andcollege, and with the three safeguarding partners, other agencies, organisations
and practitioners.

are able to keep detailed, accurate, secure written records of concerns andreferrals;understand and support the school or college with regards to the requirements of
the Prevent duty and are able to provide advice and support to staff on protecting
children from the risk of radicalisation;are able to understand the unique risks associated with online safety and be
confident that they have the relevant knowledge and up to date capability required
to keep children safe whilst they are online at school or college;

can recognise the additional risks that children with SEN and disabilities (SEND)
face online, for example, from online bullying, grooming and radicalisation and are
confident they have the capability to support SEND children to stay safe online;obtain access to resources and attend any relevant or refresher training courses;
and

encourage a culture of listening to children and taking account of their wishes andfeelings, among all staff, in any measures the school or college may put in place toprotect them.

Raise AwarenessThe designated safeguarding lead should:

116 Section 17(10) Children Act 1989: those unlikely to achieve a reasonable standard of health and development

without local authority services, those whose health and development is likely to be significantly impaired without
the provision of such services, or disabled children.

94



ensure the school’s or college’s child protection policies are known, understoodand used appropriately;

ensure the school’s or college’s child protection policy is reviewed annually (as aminimum) and the procedures and implementation are updated and reviewed
regularly, and work with governing bodies or proprietors regarding this;

ensure the child protection policy is available publicly and parents are aware of thefact that referrals about suspected abuse or neglect may be made and the role ofthe school or college in this; andlink with the safeguarding partner arrangements to make sure staff are aware of
any training opportunities and the latest local policies on local safeguarding
arrangements.

Child protection file
Where children leave the school or college the designated safeguarding lead should
ensure their child protection file is transferred to the new school or college as soon as
possible. This should be transferred separately from the main pupil file, ensuring
secure transit, and confirmation of receipt should be obtained. Receiving schools andcolleges should ensure key staff such as designated safeguarding leads and SENCOs
or the named person with oversight for SEN in colleges, are aware as required.
In addition to the child protection file, the designated safeguarding lead should also
consider if it would be appropriate to share any information with the new school orcollege in advance of a child leaving. For example, information that would allow the
new school or college to continue supporting victims of abuse and have that support inplace for when the child arrives.

Availability
During term time the designated safeguarding lead (or a deputy) should always be
available (during school or college hours) for staff in the school or college to discuss
any safeguarding concerns. Whilst generally speaking the designated safeguarding
lead (or deputy) would be expected to be available in person, it is a matter forindividual schools and colleges, working with the designated safeguarding lead, todefine what “available” means and whether in exceptional circumstances availability
via phone and or Skype or other such media is acceptable.
It is a matter for individual schools and colleges and the designated safeguarding leadto arrange adequate and appropriate cover arrangements for any out of hours/out ofterm activities.

95Annex C: Online safety
The use of technology has become a significant component of many safeguarding
issues. Child sexual exploitation; radicalisation; sexual predation: technology often
provides the platform that facilitates harm. An effective approach to online safety
empowers a school or college to protect and educate the whole school or college
community in their use of technology and establishes mechanisms to identify,
intervene in, and escalate any incident where appropriate.
The breadth of issues classified within online safety is considerable, but can be
categorised into three areas of risk:content: being exposed to illegal, inappropriate or harmful material; for example
pornography, fake news, racist or radical and extremist views;

contact: being subjected to harmful online interaction with other users; forexample commercial advertising as well as adults posing as children or young
adults; and

conduct: personal online behaviour that increases the likelihood of, or causes,
harm; for example making, sending and receiving explicit images, or online
bullying.

Education
Opportunities to teach safeguarding, including online safety, are discussed at paragraph88-90. Resources that could support schools and colleges include:

Teaching online safety in school - DfE guidance outlining how schools can ensure
their pupils understand how to stay safe and behave online as part of existing
curriculum requirements.



UKCIS has recently published its Education for a connected world framework.
Online safety is a whole school and college issue. The framework aims to support
the development of the curriculum and is of particular relevance to PSHE
education and Computing. It is designed, however, to be usable across thecurriculum and beyond and to be central to a whole school or college approach tosafeguarding and online safety. It covers early years through to age 18.



The PSHE Association provides guidance to schools on developing their PSHE
curriculum – www.pshe-association.org.uk

Parent Zone and Google have developed Be Internet Legends a free internet
safety curriculum with PSHE accredited lesson plans and teaching resources for
Key Stage 2 pupils.

96Filters and monitoring
Governing bodies and proprietors should be doing all that they reasonably can to limit
children’s exposure to the above risks from the school’s or college’s IT system. As partof this process, governing bodies and proprietors should ensure their school or college
has appropriate filters and monitoring systems in place.
Whilst considering their responsibility to safeguard and promote the welfare ofchildren, and provide them with a safe environment in which to learn, governing bodies
and proprietors should consider the age range of their pupils, the number of pupils,
how often they access the IT system and the proportionality of costs vs risks.
The appropriateness of any filters and monitoring systems are a matter for individual
schools and colleges and will be informed in part, by the risk assessment required by
the Prevent Duty.117 The UK Safer Internet Centre has published guidance as to what“appropriate” filtering and monitoring might look like: UK Safer Internet Centre:
appropriate filtering and monitoring.
Guidance on e-security is available from the National Education Network. Support forschools is available via the: schools' buying strategy with specific advice on
procurement here: buying for schools.
Whilst filtering and monitoring is an important part of the online safety picture forschools and colleges to consider, it is only one part. Governors and proprietors should
consider a whole school or college approach to online safety. This will include a clear
policy on the use of mobile technology in the school or college. Many children haveunlimited and unrestricted access to the internet via 3G, 4G and 5G in particular andthe school and college should carefully consider how this is managed on theirpremises.
Whilst it is essential that governing bodies and proprietors ensure that appropriate
filters and monitoring systems are in place, they should be careful that “over blocking”
does not lead to unreasonable restrictions as to what children can be taught withregard to online teaching and safeguarding.

117 The Prevent duty Departmental advice for schools and childcare providers and Prevent Duty Guidance For Further

Education Institutions

97

Reviewing online safety
Technology in this area evolves and changes rapidly. A free online safety self-review tool
for schools can be found via the 360 safe website. UKCIS has published Online safety inschools and colleges: Questions for the governing board
Staff training
Governors and proprietors should ensure that, as part of the requirement for staff toundergo regularly updated safeguarding training (paragraph 84) and the requirement
to ensure children are taught about safeguarding, including online safety (paragraph87), that online safety training for staff is integrated, aligned and considered as part ofthe overarching safeguarding approach.

Information and support
There is a wealth of information available to support schools, colleges and parents tokeep children safe online. The following list is not exhaustive but should provide a
useful starting point:
Organisation/Resource

What it does/provides

thinkuknow

NCA CEOPs advice on online safety

disrespectnobody
UK safer internet centre

Home Office advice on healthy relationships, including sexting andpornography
Contains a specialist helpline for UK schools and colleges

swgfl

Includes a template for setting out online safety policies

internet mattersparentzone
childnet cyberbullying

Help for parents on how to keep their children safe online
Help for parents on how to keep their children safe online
Guidance for schools on cyberbullying

pshe association

Guidance and useful teaching resources covering online safetyissues including pornography and the sharing of sexual images

educateagainsthate

Practical advice for parents, teachers and governors on protecting
children from extremism and radicalisation.

the use of social media
for online radicalisation

A briefing note for schools on how social media is used toencourage travel to Syria and Iraq

UKCIS

The UK Council for Internet Safety’s website provides:

Sexting advice
Online safety: Questions for Governing Bodies
Education for a connected world framework
98

NSPCCNSPCC advice for schools and colleges

net-aware

NSPCC advice for parents

commonsensemedia

Independent reviews, age ratings, & other information about all
types of media for children and their parents

searching screening andconfiscation

Guidance to schools on searching children in schools andconfiscating items such as mobile phones

lgfl

Advice and resources from the London Grid for Learning

99

Annex D: Boarding schools, residential special
schools, residential colleges and children’s homes
There are additional requirements for boarding schools, residential special schools,
residential colleges and children’s homes to consider with regards to safeguarding.
These are set out in National Minimum Standards and regulations for the relevant
setting. All schools and colleges that provide such residential accommodation and/or
are registered as children’s homes must comply with the relevant National MinimumStandards and/or regulations for their sector. Such schools and colleges should beparticularly alert to the signs of abuse in such settings and work closely with the host
local authority and, where relevant, any local authorities that have placed their children
there. The relevant guidance for each sector is on GOV.UK and the relevant links arelisted below:


The National Minimum Standards for Boarding Schools



The National Minimum Standards for Residential Special Schools



The National Minimum Standards for FE colleges which Accommodate under 18s

Guide to the Children's Homes Regulations.

In addition, the Visits to Children in Long-Term Residential Care Regulations 2011118
apply to children and young people living away from home in residential settings forperiods of 3 months or more (including those placed in residential schools and colleges).
An appropriate representative from the accommodating Local Authority must visit thesesettings to ensure the welfare of these children.

118 www.legislation.gov.uk.

100

Annex E: Host families - homestay during exchange
visitsSchools and colleges often make arrangements for children to take part in exchange
visits, either to other parts of the UK or abroad. Exchanges can benefit learning across a
range of subjects. In particular, foreign visits can enrich the languages curriculum andprovide exciting opportunities for pupils to develop their confidence and expertise in theuse of other languages.
Schools and colleges have a duty to safeguard and promote children’s welfare, as
defined at paragraph 4. This extends to considering their safety and how best to minimiserisk of harm to those children during any exchange visit the school or college arranges,
and when organising for the care and accommodation of a child with a host family(known as homestays) as part of the exchange.

School/college arranged homestay – suitability of adults in UK
host families
When arranging a homestay, schools should consider the suitability of the adults in therespective families who will be responsible for the visiting child during the stay.
In circumstances where a school or college arrange for a visiting child to be provided withcare and accommodation in the UK (including where they engage a company to makethose arrangements) in the home of a family to which the child is not related119 theresponsible adults will be engaging in regulated activity for the period of the stay. 120 In
such cases and where the school or college has the power to terminate such a homestay
the school or college would be the regulated activity provider.121
A regulated activity provider commits a criminal offence if it knows, or has reason tobelieve that, an individual is barred by the Disclosure and Barring Service (DBS) fromengaging in regulated activity but allows that individual to carry out any form of regulated
activity.122

119 This includes where a person has parental responsibility for the visiting child.
120 Paragraph 1(5) of Schedule 4 and Section 53 of the Safeguarding Vulnerable Groups Act 2006.Where an adult isproviding homestay in circumstances other than as described in this section, the school or college should seek advice
from the DBS about whether the individual will be in regulated activity.
121 Section 53(3) and (4) of the Safeguarding Vulnerable Groups Act 2006.
122 Section 9 of the Safeguarding Vulnerable Groups Act 2006.

101

Where the child’s parent(s) or a student themselves arranges their own homestay, thiswould be a private arrangement123 therefore the school or college would not be theregulated activity provider.
When a school or college arrange a homestay, it should consider what
intelligence/information will best inform its assessment of the suitability of the adults in
those families who will be responsible for the visiting child during the stay. It will be forthe school or college to use their professional judgement to decide what it considers what
will be relevant. However, to help inform that assessment, schools and colleges
should124 obtain a DBS enhanced certificate with barred list information. This check will
not only establish whether the adults are barred from engaging in regulated activity
relating to children, but where criminal record information is disclosed it will also allow theschool or college to consider, alongside all other intelligence that it has obtained, whether
the adults would be a suitable host for a child.
DBS enhanced certificates with barred list information for volunteer roles 125 can beobtained free of charge.126 In respect of an adult who provides UK homestay andreceives no remuneration in respect of the stay or where schools reimburse families only
for expenses incurred, to enable a DBS application to be considered as a volunteer rolethe ‘Position Applied For’ field will need to make clear that the position is unpaid.
In addition to those engaging in regulated activity, schools and colleges are free todecide whether they consider it necessary to obtain a DBS enhanced certificate inrespect of anyone aged 16 or over in the household where the child will be staying.

Homestay – suitability of adults in host families abroad
It is not possible for schools and colleges to obtain criminality information from the DBS
about adults who provide homestays abroad. Schools and colleges should liaise withpartner schools abroad, to establish a shared understanding of, and agreement to thearrangements in place for the visit. They should use their professional judgement tosatisfy themselves that the arrangements are appropriate and sufficient to safeguard
effectively every child who will take part in the exchange. Parents should be aware ofagreed arrangement. Schools and colleges are also free to decide whether they consider

123 Where it is a private arrangement, the school or college are not entitled to obtain a standard or enhanced DBS

check.
124 See page 3 for interpretation of ‘should’ used throughout the document.
125 Volunteer is defined as “Any person engaged in an activity which involves spending time, unpaid (except for traveland other approved out-of-pocket expenses), doing something which aims to benefit some third party and not a close
relative.”
126 Some checking bodies will charge an admin fee to process a DBS certificate/barred list request. As these fees will
vary, schools should assess what services are being offered and consider what is known about the performance andreputation of the organisation.

102

it necessary to contact the relevant foreign embassy or High Commission of the country
in question to discuss what checks may be possible in respect of those providing
homestay outside of the UK.
During the visit
Pupils should understand who to contact during a homestay should an emergency occur
or a situation arise which makes them feel uncomfortable.
Additional action for extended homestays
Where a period of UK homestay lasts 28 days or more, for a child aged under 16 years ofage (under 18 years of age if the child has disabilities), this may amount to private
fostering under the Children Act 1989.127 In these cases the school or college should
notify the local authority of the arrangements. Private fostering legislation places a dutyon local authorities to satisfy themselves that the welfare of a child who is being, or
proposed to be, privately fostered in their area is being or will be satisfactorily
safeguarded and promoted. By notifying the local authority, the school and college will be
assisting the local authority in discharging its duty. See paragraphs 192-194 for additional
information about private fostering and local authority notifications.

127 Private fostering occurs when a child under the age of 16 (under 18, if disabled) is provided with care andaccommodation by a person who is not a parent, person with parental responsibility for them or a relative in their own
home. A child is not privately fostered if the person caring for and accommodating them has done so for less than 28
days and does not intend to do so for longer.

103Annex F: Statutory guidance - Regulated activity(children) - Supervision of activity with children whichis regulated activity when unsupervisedThis statutory guidance on the supervision of activity with children, which is regulated
activity when unsupervised, is also published separately on GOV.UK.
1. This document fulfils the duty in legislationi,ii that the Secretary of State must publish
statutory guidance on supervision of activity by workers with children, which when
unsupervised is regulated activity. This guidance applies in England, Wales andNorthern Ireland. It covers settings including but not limited to schools, childcare
establishments, colleges, youth groups and sports clubs.
2. For too long child protection policy has been developed in haste and in response to
individual tragedies, with the well intentioned though misguided belief that every risk
could be mitigated and every loophole closed. The pressure has been to prescribe
and legislate more. This has led to public confusion, a fearful workforce and adysfunctional culture of mistrust between children and adults. This Government istaking a different approach.
3. We start with a presumption of trust and confidence in those who work with children,and the good sense and judgment of their managers. This guidance applies when an
organisation decides to supervise with the aim that the supervised work will not be
regulated activity (when it would be, if not so supervised). In such a case, the law
makes three main points:

there must be supervision by a person who is in regulated activityiii

the supervision must be regular and day to day; andthe supervision must be “reasonable in all the circumstances to ensure theprotection of children”.

The organisation must have regard to this guidance. This gives local managers
the flexibility to determine what is reasonable for their circumstances. While theprecise nature and level of supervision will vary from case to case, guidance on
the main legal points above is as follow.
4. Supervision by a person in regulated activity/regular and day to day: supervisors
must be in regulated activity themselvesiv. The duty that supervision must take place“on a regular basis” means that supervision must not, for example, be concentrated
during the first few weeks of an activity and then tail off thereafter, becoming theexception not the rule. It must take place on an ongoing basis, whether the worker
has just started or has been doing the activity for some time.
5. Reasonable in the circumstances: within the statutory duty, the level of supervision104

may differ, depending on all the circumstances of a case. Organisations should
consider the following factors in deciding the specific level of supervision a person
will require:ages of the children, including whether their ages differ widely;

number of children that the individual is working with;

whether or not other workers are helping to look after the children;the nature of the individual’s work (or, in a specified place such as a school,
the individual’s opportunity for contact with children);

how vulnerable the children are (the more they are, the more an organisation
might opt for workers to be in regulated activity);

how many workers would be supervised by each supervising worker.

6. An organisation is not entitled to request a barred list check on a worker who, because
they are supervised, is not in regulated activity.

ExamplesVolunteer, in a specified place
Mr Jones, a new volunteer, helps children with reading at a local school for twomornings a week. Mr Jones is generally based in the classroom, in sight of theteacher. Sometimes Mr Jones takes some of the children to a separate room to listen
to them reading, where Mr Jones is supervised by a paid classroom assistant, who isin that room most of the time. The teacher and classroom assistant are in regulated
activity. The headteacher decides supervision is such that Mr Jones is not in regulated
activity.

Volunteer, not in a specified place
Mr Wood, a new entrant volunteer, assists with the coaching of children at his local
cricket club. The children are divided into small groups, with assistant coaches such as
Mr Wood assigned to each group. The head coach oversees the coaching, spends
time with each of the groups, and has sight of all the groups (and the assistantcoaches) for most of the time. The head coach is in regulated activity. The club’s
managers decide whether the coach’s supervision is such that Mr Wood is not in
regulated activity.

105Employee, not in a specified place
Mrs Shah starts as a paid activity assistant at a youth club. She helps to instruct agroup of children, and is supervised by the youth club leader who is in regulated
activity. The youth club’s managers decide whether the leader’s supervision is suchthat Mrs Shah is not in regulated activity.
In each example, the organisation uses the following steps when deciding whether a
new worker will be supervised to such a level that the new worker is not in regulated
activity:








Consider whether the worker is doing work that, if unsupervised, would be
regulated activity. (Note: If the worker is not engaging in regulated activity, theremaining steps are unnecessary. If the worker is engaging in regulated activity
the remaining steps should be followed);consider whether the worker will be supervised by a person in regulated
activity, and whether the supervision will be regular and day to day, bearing in
mind paragraph 4 of this guidance;
consider whether the supervision will be reasonable in all the circumstances toensure the protection of children, bearing in mind the factors set out inparagraph 4 of this guidance above; and if it is a specified place such as aschool; andconsider whether the supervised worker is a volunteer.

i
Safeguarding Vulnerable Groups Act 2006, amended by Protection of Freedoms Act 2012:
Schedule 4, paragraph 5A: guidance must be “for the purpose of assisting” organisations “in deciding
whether supervision is of such a kind that” the supervisee is not in regulated activity.
ii
Safeguarding Vulnerable Groups (Northern Ireland) Order 2007, Schedule 2, paragraph 5A, is
as above on guidance on “supervision” for Northern Ireland.
iii
If the work is in a specified place such as a school, paid workers remain in regulated activity
even if supervised.
iv
The Protection of Freedoms Act 2012 includes provisions for a statutory duty on an organisation
arranging regulated activity (under the 2006 Act or 2007 Order, both as amended) to check that aperson entering regulated activity is not barred from regulated activity and a stand-alone barring check.
These are as yet not commenced.
v
A volunteer is: in England and Wales, a person who performs an activity which involves
spending time, unpaid (except for travel and other approved out-of-pocket expenses), doing somethingwhich aims to benefit someone (individuals or groups) other than or in addition to close relatives. In
Northern Ireland, a volunteer is: a person engaged, or to be engaged, in an activity for a non-profit
organisation or person which involves spending time unpaid (except for travel and other approved outof-pocket expenses) doing something which amounts to a benefit to some third party other than, or in
addition to, a close relative.

106Annex G: Disclosure and Barring Service checks
These are the types of checks available to those working with children:
Positions eligible for thislevel of check

Type of check

What the check involves

Standard check

Check of the Police National
The position being applied for
Computer records of convictions,must be covered by an
cautions, reprimands and warnings. exempted question in the
Rehabilitation of Offenders Act
1974 (Exceptions) Order 1975.

Enhanced
check

Check of the Police National
Computer records plus additional
information held by police such as
interviews and allegations.
Additional information will only bedisclosed where a chief police
officer reasonably believes it to be
relevant and considers that it ought
to be disclosed.

The position being applied formust be covered by an
exempted question in the
Rehabilitation of Offenders Act
1974 (Exceptions) Order 1975
and by provisions in the Police
Act 1997 (Criminal Records)
Regulations 2002.*

Enhancedcriminal record
check withchildren’s
and/or adult’sbarred list
information

Check of the Police National
Computer records plus additional
information held by police plus
check of the DBS Children’s Barred
List plus check of the DBS Adults’
Barred List.

The position must be eligible
for an enhanced level criminal
record check as above and befor a purpose listed in the
Police Act 1997 (Criminal
Records) (No2) Regulations
2009 as qualifying for a barred
list(s) check.

*This legislation does not provide a list of job roles that are eligible for this check – such a list does not exist.
Instead, the Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 sets out the ‘exempted questions’ forwhich a standard check can be obtained. Similarly, the Police Act 1997 (Criminal Records) Regulations 2002 set
out the purposes for which an enhanced check can be obtained, and the Police Act 1997 (Criminal Records) (No 2)
Regulations 2009 list the circumstances in which an enhanced check will automatically include a barred list check.
It is important to note that the Regulations can also remove roles, duties or activities through the removal of an
exempted question or of a particular purpose. The Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975,
the Police Act 1997 (Criminal Records) Regulations 2002 and the Police Act 1997 (Criminal Records) (No 2)
Regulations 2009 can all be found on the legislation website.
Any individual (including an applicant for a job which does not involve working with children) can be asked to apply
for a basic criminal record check. This will show only unspent convictions and cautions. This service is currently
provided via the Disclosure and Barring Service. Further details can be found on gov.uk.

107

Annex H: Table of substantive changes from
September 2018
Where

What

Summary
Page 4

Removed reference to multi-agency “transitional” arrangements from thesummary on page 4 (as the new three safeguarding partnerarrangements must be in place by September 2019)

Part one
Abuse and neglect

Paragraph 27

A number of paragraphs have been moved in Part 1 to improve the flowof this section. Content has not been changed but the information thatwas included at the end of Part 1 covering abuse, neglect andsafeguarding issues has been moved to the “What school and college
staff should look out for section”
Reference to upskirting included (which is now a criminal offence)

Paragraph 29-30

New paragraphs on serious violence

Paragraph 53

Updated the link to the NSPCC helpline

Part twoParagraphs 68-75
Paragraph 79

Paragraph 89
Paragraph 91
Paragraph 91

Multi-agency working updated to reflect new safeguarding partnerarrangements
Updated to make it clear that the DPA/GDPR does not prevent schools
from withholding education data where doing so would be in the interestsof a child in a refuge
Updated to reflect the new requirements for Relationships Education,
Relationships and Sex Education and Health Education
Updated to reflect new Ofsted framework
Removed the reference to the School Inspection Service as they nolonger inspect independent schools

Part three
Paragraph 122

Removed reference to section 167A of the Education Act

108

Paragraph 157

Paragraph 173
Paragraph 174

Wording changed for overseas trained teachers and directs to GOV.uk forfurther information. Removed direct link to guidance as it is currently
being revised and GOV.uk will be updated in due course
Provided clarity regarding Section 128 checks for school governors

Part four

New paragraph about associate members appointed by the governing
body to serve on governing body committees
No changes

Part five

No changes

Annex AChildren with family
members in prison

Added clarity that the number of children covers England and Wales

So called ‘honourbased’ violence
Upskirting

Added Female Genital Mutilation and Forced Marriage into the section
header to be clear what it includes
New paragraph added to reflect the fact that this is now a criminal offence

Annex BNo changes

Annex C

Annex D

Added link to new departmental guidance: Teaching online safety inschool. This guidance outlines how schools can ensure their pupils
understand how to stay safe and behave online as part of existing
curriculum requirements
No changes

Annex ENo changes

Annex FNo changes

Annex G

No changes

109© Crown copyright 2019
This publication (not including logos) is licensed under the terms of the Open
Government Licence v3.0 except where otherwise stated. Where we have identified any
third party copyright information you will need to obtain permission from the copyrightholders concerned.
To view this licence:
visit
www.nationalarchives.gov.uk/doc/open-government-licence/version/3
email
psi@nationalarchives.gsi.gov.uk
write toInformation Policy Team, The National Archives, Kew, London, TW9 4DU
About this publication:enquiries www.education.gov.uk/contactus
download www.gov.uk/government/publications
Reference:

DFE-00129 -2019
Follow us on Twitter:@educationgovuk

Like us on Facebook:
facebook.com/educationgovuk

110