Management Information Sheet
Update to 'Keeping Children Safe in Education' 2022
Revised Statutory Guidance
The DfE published the final version of Keeping children safe in education 2022 on 1 September 2022. This document is now in force and replaces previous versions. The DfE has made some amendments to this document since it was first published in May 2022 for information only. The DfE has also updated Part one of the guidance for all staff.
Key changes
Annex F of the document shows all the substantive changes that apply from September 2022. The table of significant revisions that we provided in May 2022 has been updated to highlight the further changes and can be accessed below.
What should schools and colleges do?
- Please delete previous versions of 'Keeping Children Safe in Education' and 'Sexual Violence & Sexual Harassment between children in schools and colleges'.
- Update and review all relevant policy documents, procedures and training to reflect the changes and most up to date guidance.
- Ensure that Part one of the final version of the guidance is accessed and disseminated to staff when it is published.
What is the Education Safeguarding Team doing?
- A DSL webinar on the key changes was delivered in July 2022 and the recording can be accessed here: Changes to Keeping Children Safe in Education for 2022.
- The Norfolk model safeguarding policy and the whole school training package have been updated to reflect these amendments. See MI Sheet 129/22 for further information.
- Relevant forms and templates that are available on the safeguarding pages of the Norfolk Schools & Learning Providers website have been updated.
Significant revisions
The most significant revisions to the document from 2021 include the following.
Summary
- Clarification of which settings KCSIE 2022 applies to and the term College also means providers of post-16 Education as set out in the Apprenticeships, Skills, Children and Learning Act 2009: 16-19 Academies, Special Post-16 institutions and Independent Training Providers.
- Ensuring there is appropriate use of the terminology 'victim' and 'perpetrator' especially when speaking in front of children.
- 1 September 2022 update - This guidance also replaces 'Sexual Violence & Sexual Harassment between children in schools and colleges'. The SVSH guidance has been incorporated throughout this document and most significantly in Part five.
Part one
- Terminology changes from peer-on-peer abuse to child-on-child abuse.
- The section reinforces that all staff should be aware that children may not feel ready or know how to tell someone that they are being abused, exploited, or neglected, and/or they may not recognise their experiences as harmful.
- Information has been included about Domestic Abuse and the fact that this abuse can encompass a wide range of behaviours and may be a single incident or a pattern of incidents. That abuse can be, but is not limited to, psychological, physical, sexual, financial, or emotional. Children can be victims of domestic abuse, and this can have a detrimental and long-term impact on their health, well-being, development, and ability to learn.
- 1 September 2022 update - guidance for staff about reporting safeguarding concerns about adults has been amended to harming or posing a risk of harm to children (paragraph 72).
Part two
Safeguarding training for Governing Bodies and Proprietors
- All governors and trustees receive appropriate safeguarding and child protection (including online safety) training at induction.
- This training should equip them with the knowledge to provide strategic challenge to test and assure themselves that the safeguarding policies and procedures in place are effective and support the delivery of a robust whole school approach to safeguarding.
- Their training should be regularly updated.
The Human Rights Act 1998 - the fact that it is unlawful for schools and colleges to act in a way that is incompatible with the European Convention on Human Rights, specifically:
- Article 3: the right to freedom from inhuman and degrading treatment (an absolute right).
- Article 8: the right to respect for private and family life (a qualified right) includes a duty to protect individuals' physical and psychological integrity.
- Article 14: requires that all of the rights and freedoms set out in the Act must be protected and applied without discrimination.
- Protocol 1, Article 2: protects the right to education.
Equality Act 2010 - schools and colleges must not unlawfully discriminate against pupils because of their sex, race, disability, religion or belief, gender reassignment, pregnancy and maternity, or sexual orientation (protected characteristics). Settings should take positive action, where it can be shown that it is proportionate, to deal with particular disadvantages affecting pupils or students with a particular protected characteristic in order to meet their specific need. This includes a duty to make reasonable adjustments for disabled children and young people.
Public Sector Equality Duty places a general duty on schools and colleges to have, in the exercise of their functions, due regard to the need to eliminate unlawful discrimination, harassment and victimisation (and any other conduct prohibited under the Equality Act), to advance equality of opportunity and foster good relations between those who share a relevant protected characteristic and those who do not.
1 September 2022 update - An additional paragraph has been added regarding fair processing of data including a link to Information Commissioner's Office guidance. As a result, subsequent paragraph numbers differ from the draft.
Teaching about safeguarding
Preventative education prepares pupils for life in modern Britain and creates a culture of zero tolerance for sexism, misogyny/misandry, homophobia, biphobic and sexual violence/harassment. This education should be underpinned by the school/college's behaviour policy and pastoral support system, as well as by a planned programme of evidence based RSHE delivered in regularly timetabled lessons and reinforced throughout the whole curriculum.
1 September 2022 update - Further guidance focused on teaching relationships education specifically to prevent sexual harassment and sexual violence will be published in the 22/23 academic year rather than in Spring 2022 as stated in the May version.
Children who are lesbian, gay, bi or trans (LGBT)
Children who are LGBT can be targeted by other children therefore it is vital that staff endeavour to reduce the additional barriers faced and provide a safe space for them to speak out or share their concerns with members of staff.
Part three
1 September 2022 update -
- Link to the Ministry of Justice's guidance on the Rehabilitation of Offenders Act 1974 and the Exceptions Order 1975 inserted which provides information about which convictions must be declared during job applications and related exceptions.
- Paragraphs 224 and 227 have been reworded and highlight that recruitment processes should only take into consideration information about substantiated allegations.
- Paragraph 286 provides clarification that schools must obtain written notification from any agency, or third-party organisation, that they have carried out the same checks as the school or college would otherwise perform on any individual who will be working at the school or college, or who will be providing education on the school or college's behalf, including through online delivery.
CVs
Schools and colleges should only accept copies of a curriculum vitae alongside an application form. A curriculum vitae on its own will not provide adequate information.
Due diligence checks on shortlisted candidates
Schools and colleges should consider carrying out an online search which may help identify any incidents or issues that have happened, and are publicly available online, which the school or college might want to explore with the applicant at interview.
Part four
Sharing low level concerns
The document gives details about the following:
- Whether all low-level concerns are shared initially with the DSL or with the Headteacher is a matter for the school or college to decide.
- If the former, then the DSL should inform the Headteacher of all the low-level concerns and in a timely fashion according to the nature of each particular low-level concern.
- The Headteacher should be the ultimate decision maker in respect of all low-level concerns.
Part five
Safeguarding and supporting the victim
- Schools and colleges should be aware that sexual assault can result in a range of health needs, including physical, mental, and sexual health problems and unwanted pregnancy.
- It will be important in all scenarios that decisions and actions are regularly reviewed and that relevant policies are updated to reflect lessons learnt.
- It is crucial to look out for potential patterns of concerning, problematic or inappropriate behaviour.
- Where a pattern is identified, the school or college should decide on a course of action.
Annex A
Reference is made to all staff being aware of the fact that technology is a significant component in many safeguarding and wellbeing issues and that children can abuse other children online, which can take the form of abusive, harassing, and misogynistic/misandrist messages, the non-consensual sharing of indecent images, especially around chat groups, and the sharing of abusive images and pornography, to those who do not want to receive such content.
Annex B
Mental health
The additional information makes clear that staff should be aware of how children's experiences (including neglect, abuse or adverse childhood experiences), can impact on their mental health, behaviour, and education.
Child Exploitation
New toolkit added:
Confidentiality
Online safety advice
Helpful links/websites/resources added/moved here.
Annexes C, D and E
No changes.