Changes to Keeping Children Safe In Education 2022

Overview

This document, with its whole school ethos, has been updated for all schools and colleges there is now a need look at:

• Individual school or colleges’ safeguarding procedures to up- dated and published
• Ensuring there is a clear understanding of all staff’s responsibilities and roles are to safeguarding children within the remit of KCSIE 2022 and the Statutory Working Together multi-agency government guidance
• Suitable whole school training is identified, and in addition, more tailored training, for those in specific roles such as governors or trustees, and specialist roles such as the Designated Safeguarding Lead (DSL) their Deputies and Senior Leads

The whole school ethos throughout the document, speaks of the development of a school or college’s, safeguarding culture, standards of behaviour for children, young people and adults, and the curriculum. This is to enable everyone to understand, their own particular role, within safeguarding. This provides for an environment where children feel able to speak and feel listened to, and inappropriate language and/or behaviour can and must be challenged. This is highlighted by the experiences told to the Independent Inquiry Child Sexual Abuse Truth Project.

The KCSIE 2022 provides a clear list of changes made to the document in Appendix F

Explanations to use of terms and specific phrases throughout the document specifically:

• The term college is used to now include: “providers of post 16 Education as set out in the Apprenticeships, Skills, Children and Learning Act 2009 (as amended): 16-19 Academies, Special Post-16 institutions, and Independent Training Providers”
• References to the department’s advice- Sexual violence and sexual harassment between children in schools and colleges has now been merged into the final document, KCSIE 2022
• To use of ‘victim’ to refer to victims within KCSIE 2022. The guidance cautions at this point in relation to the term victim

Regarding the term victim – ‘It is important that schools and colleges recognise that not everyone who has been subjected to abuse considers themselves a victim or would want to be described in this way. Ultimately, schools and colleges should be conscious of this when managing any incident and be prepared to use any term with which the individual child is most comfortable.’

• The use of the term ‘alleged perpetrator(s) and ‘perpetrator(s)’ to aid effective drafting of guidance but speaking to and with children, terms more familiar and appropriate should be determined by the school on each separate case.
• Peer-on-peer has been replaced with child-on-child throughout the guidance.
• Clinical Commissioning Groups has been changed to Integrated Care Systems. These were established on 1 July 2022 following the Royal assent of the Health and Care Act 2022
• Children’s social care has been changed to Local authority children’s social care.

Key Issues

Part One: Safeguarding information for all staff

This will be the responsibility of governing bodies, proprietors and management committees to work with the senior leadership teams and importantly the DSL to arrange for:

• Everyone who works directly with children read at least Part one and Annex B of the guidance
• Those staff who do not work directly with children to read Part one or Annex A which is a condensed version of Part one

NB It is important to remember this includes all who visit the school either to work with children such as sports coaches and those who come to perform tasks such as cleaning and maintenance regardless of what time of day they work.

• ‘Low level concerns’ has been added with regard to allegations against staff and whistleblowing that should be added into the staff behaviour policy.
• New paragraph has been added setting out that children may not feel ready or know how to tell someone they are being abused
• Child on Child abuse has replaced the heading and term Peer on Peer
• Domestic Abuse has been added as a new paragraph emphasising the impact it has on children.
• Highlights the importance of professional curiosity.

Part Two: The Management of safeguarding

This is required reading for governing bodies, proprietors, management committees, and senior leadership teams.

It contains clarification to legal duties enacted by:

• The Human Rights Act 1998
• The Equality Act 2010 and The Public Sector Equality Duty within the Act
• Data Protection and UK GDPR

Emphasises the importance of specific training for governors and trustees to enable them to fulfil their roles.

Includes a new paragraph at the end of Part Two headed Children who are lesbian. gay, bi, or trans (LGBT)

Paragraph 103 has clarified that it is not appropriate for the proprietor to be the DSL

Paragraph 108 has been updated to reflect that safeguarding partners previously known as clinical commissioning groups are now called Integrated Care Boards.

Paragraph 122 now has information about the timing of transfers of child protection files which has been moved from Annex.

Paragraph 131 content has been moved across from the Sexual violence and sexual harassment between children in schools and colleges advice, to reflect crucial role of preventative education. And preventative education in the context of a whole-school or college approach that prepares pupils and students for life in modern Britain.

Other new paragraphs include:

Paragraph 133 Adds a link to Harmful online challenges and online - this includes advice on preparing for any online challenges and hoaxes, sharing information with parents and carers and where to get help and support.

Paragraphs 140 has a paragraph to reinforce the importance of schools and colleges speaking with parents and carers about children’s access to online sites when away from school or college.

Paragraph 141 Provides clarity on the role of governors and proprietors when considering filtering and monitoring and ensuring the effectiveness is regularly reviewed.

Paragraphs 192-197 has added further information on the role of the virtual school head.

Paragraph 199 has added bullet point about cognitive understanding.

Paragraphs 203-205 Extends the information about schools and colleges ensuring children who may be LGBT have a trusted adult who they can be open with.

Part Three: Safer recruitment

To be read by proprietors, management and leadership teams, including Designated Safeguarding Lead Deputy Safeguarding Lead and Senior Lead

This process whilst it may already be part of shortlisting, planning for this task should make clear:

• Who is going to carry it out?
• What should be looked for?
• Which sites will be looked in?
• How will the information be recorded?
• Where will the information be stored?

There is now a Footnote 103 added as a reminder that DBS for checks on volunteers are free.

Paragraph 215 has been updated to be clear a curriculum vitae (CV) should only be accepted alongside a full application form. CVs on their own will not contain all the information required to support safer recruitment.

Paragraph 221 is a new paragraph added setting out that schools should consider online searches as part of their due diligence checks on shortlisted candidates. Also reiterated the need to comply with the law on data protection and UK GDPR.

Paragraph 286 has been updated to make clear what should be included in written notifications and when they are required, including online delivery.

Part Four: Safeguarding concerns and allegations made about staff, including supply teachers, volunteers and contractors

Section one: Allegations that may meet the harm threshold

Section two: Concerns and or allegations that do not meet the harm threshold

In the 2021 KCSIE The last bullet under What is a low level of concern? lists under examples of behaviours,

• using inappropriate sexualised, intimidating or offensive language,

NB This is not a low- level concern and has now been replaced by,

• humiliating pupils

This section emphasises the importance of recording all concerns as without further investigation by the right members of staff then a picture of what is actually happening may be missed or not challenged.

Paragraphs 420 and 421 Make clear that learning lessons applies to all cases not just those which are concluded and found to be substantiated.

Paragraph 433-436 has added information to provide clarity on the process for sharing and recording low-level concerns.

Part Five: Child on child sexual violence and sexual harassment

This is advice for governing bodies, proprietors, headteachers, principles, senior leadership teams and designated safeguarding leads

Throughout the guidance the content from ‘Sexual violence and sexual harassment between children in Schools and colleges’, has been incorporated. Whilst the amalgamated documents provide a clear and similar message as the 2021 document, policies should be reviewed to ensure the correct messages and actions, provide a proactive and appropriate response to these issues which remains a crucial and significant issue within education.

Paragraphs 466 have added a bullet point and link to London Grid for Learning ‘Undressed’ guidance.

Paragraph 469 has added paragraph to highlight the importance of ensuring children understand the law on child-on-child abuse is there to protect them rather than criminalise them.

Paragraphs 483 has added a bullet point to emphasise the importance of understanding intra familial harms and any necessary support for siblings following incidents.

Paragraphs 493 This paragraph has been added to emphasise the need for schools and colleges as relevant agencies should be part of discussion with statutory safeguarding partners.

Paragraph 534 Added to explain that children who have experienced sexual violence display a very wide range of responses to their experience.

Paragraph 558 has added information to raise awareness of patterns identified may also be reflective of the wider issues within a local area.

Annex A: Safeguarding Information for schools and college staff

This is the condensed version of Part one of KCSIE 2022, It is for the staff who do not work directly with children. The governing body or proprietor need to decide who. It will provide a better basis for promoting the welfare and safeguarding of children and young people.

Annex B: Further information

This section should be read by school and college leaders and those staff who work directly with children

It covers a wide range of important additional information about specific forms of abuse and safeguarding issues with variety of contacts on topics and help available.

This is a section that should be used as a reference whenever there are any safeguarding issues raised.

New references are:

• Forced Marriage Added link to ‘The right to choose: government guidance on forced marriage’.
• County lines toolkit Added link to the County Lines Toolkit For Professionals - The Children's Society in partnership with Victim Support and National Police Chiefs’ Council
• Operation Encompass Added contact details.
• Abuse Added link to CSA centre of Expertise on Child Sexual abuse – free resources Public Health England (PHE) To reflect PHE has now been replaced by the UK Health Security Agency and the Office for Health Improvement and Disparities (OHID), which is part of the Department of Health and Social Care, and by the UK Health Security Agency. However, the branding remains unchanged.
• Farrer Co – Addressing child on child abuse Link added to resource for schools and colleges

Annex C: Role of the designated safeguarding lead (DSL)

This section providing guidance to governing bosies and proprietors in the appointment and role of the DSL. 

There is an addition additional information regarding the use of an appropriate adult during police investigations when required for children.

Has now added reference and link to the Statutory guidance PACE Code C 2019 – Appropriate adult.

Annex D: Host Families -home stay during exchange visits

The previous Annex D Online information is included in Annex B: Further Information

Annex E: Statutory Guidance-Regulated activity (children) -Supervision of activity which is regulated activity when unsupervised

No changes have been made to either Annex E

Annex F: Table of substantive changes from September 2021

REMEMBER:

• Ensure everyone reads the appropriate sections.
• Safeguarding policies are updated and circulated
• The Designated Safeguarding Lead the Deputy Lead and Senior Lead are identified and known to the whole school
• A training strategy is developed to identify the appropriate training individuals within their job description and whole school training to be undertaken for all staff paid and unpaid