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Dear Colleague,
Safeguarding Briefing - 2nd March 2020
Epic Safeguarding Briefing today! Get yourself a coffee!
Safeguarding Extra!
I'm really excited to tell you all about my new project: Safeguarding Extra
I've been writing the free Safeguarding Briefing for 6 years now. Although, it has been a great success and it helps tens of thousands of people across the world, there are a few things I'd like to improve. I write the Safeguarding Briefing in my 'spare time' on a Sunday afternoon/evening, and this means I don't really get the chance to cover some topics as deeply as I'd like.
At the end of last year I told you how I needed to be away from home at bit less, and so I've been thinking how I could better serve the DSL community without travelling so much. So, I've decided to create Safeguarding Extra.
Safeguarding Extra is a twice monthly email using video and text, to look at the safeguarding news, research and published reports that will help you understand the world our students live in, and the challenges they face.
Subscribing to Safeguarding Extra will give you the confidence to know that you are not only saving time, but feel secure in the knowledge that the best learning has been distilled into an easily accessible, understandable format.
Looking behind the safeguarding headlines, exploring the findings of safeguarding reports and research; and applying the learning to your everyday work in schools and the wider community. Safeguarding Extra is ideal if you're a DSL, a head teacher, or a safeguarding governor who likes to look beyond the obvious.
How to be a founding member of Safeguarding Extra
The Safeguarding Briefing has always been free (and I hope that will remain the case).
A monthly subscription to Safeguarding Extra will be £12.97/month, but for founder members the cost for the first year will be £9.97/month. (If you choose to pay for the full 12 months in one go, it's £76.98, a monthly equivalent of just £6.42 - less than half the price of the typical monthly fee).
I need 100 founder members to make sure Safeguarding Extra is viable, so I hope you'll feel able to join this project. If you've ever found the Safeguarding Briefing useful, you'll love Safeguarding Extra.
The Founder Member Subscription of £9.97/month is only available using this link:
https://andrewhall.substack.com/founder
NB The Founder link expires at midnight on Friday 6th March 2020.
After the Founder Members' link has expired, the link to pay £12.97/month is here:
https://andrewhall.substack.com/subscribe
I'm hoping you're as excited about this new project as I am, and that you'll be keen to be involved by suggesting the topics for me to research and create.
Watch the Video!
If you've time to watch a short video (5 minutes) I explain a bit more about the project here:
https://vimeo.com/394471875/90008e651a
The small print
The subscription to Safeguarding Extra does not form any part of Safeguarding.Pro and a separate payment will be needed to access this content. Safeguarding Extra can currently only be purchased using a debit/credit card, and there is no facility for Purchase Orders. This is a recurring subscription which may be cancelled using the links in Safeguarding.Extra emails. Payments are made using Stripe, an internationally known, secure provider of internet payment services.
Last week's Survey
Thank you to everyone who took part in the survey last week. I can't thank you personally, as it was mostly anonymous. The response was amazing and I'll share some of the outcomes with you soon.
NEW CONSULTATION: Keeping Children Safe in Education 2020
Two consultations launched at the end of last week: one about KCSIE; and the other about the Sexual Violence and Sexual Harassment guidance. Do make sure you take part in the consultation, not least because these proposals will have a big impact on the nature of the DSL role.
I've outlined many of the key changes below, but Safeguarding.Pro members will find copies of the KSCIE and SVSH drafts with all the changes, large and small, highlighted in them here:
https://safeguarding.pro/download-draft-guidance-for-kcsie-and-svsh/
If you're not yet a member of Safeguarding.Pro, you can join here: https://safeguarding.pro/register/
If you join using PayPal gives immediate access to all the member content and benefits: https://safeguarding.pro/register/annual/
CONSULTATION:
Keeping Children Safe in Education: proposed revisions 2020
This week the consultation draft for Keeping Children Safe in Education (2020) was published. I've taken a look at it, and outline below what the proposed changes are. There are six recurring themes that come through:
- mental health
- whole school safeguarding culture
- emphasising the important role of governors in robust safeguarding
- children who have a social worker
- safer recruitment (including supply teachers)
- role of the Designated Safeguarding Lead
Whole school culture of safeguarding
There are a number of new paragraphs that I think are important, for example paragraph 69 which says, 'Governing bodies and proprietors should ensure they facilitate a whole school or college approach to safeguarding.' This means governors must know how they ensure safeguarding is effective and know what good practice would look like. Allied to this is paragraph 106, 'Governors and proprietors should ensure...that safeguarding training for staff...is integrated, aligned and considered as part of the whole school or college safeguarding approach.' Those of you who have heard me speak over the last twelve months or so, will know how important I think safeguarding CPD is, and that we can't rely on one two or three hour session on the first day back in September.
There's a CPD matrix in Safeguarding.Pro: https://safeguarding.pro/training-matrix/
When schools should call the police
One document that is available now, and is referenced in this draft KCSIE, is 'When to call the police' produced by the National Police Chiefs Council (NPCC).
(This NPCC advice does not cover safeguarding incidents. Where a child is suffering, or is likely to suffer from harm, it is important that a referral to children’s social care (and if appropriate the police) is made immediately. Referrals should follow the local referral process.)
When to call the police (NPCC) can be downloaded here: https://www.npcc.police.uk/documents/Children%20and%20Young%20people/When%20to%20call%20the%20police%20guidance%20for%20schools%20and%20colleges.pdf
Safer recruitment and managing allegations against staff
One of the most changed sections in this proposed KCSIE (2020) is Part Three, Safer Recruitment. In previous iterations, I think this section has been a bit 'thin', and needed someone who had attended a Safer Recruitment course to understand what underpins the guidance. The draft KCSIE now includes new, detailed sections on each stage of the recruitment process:
- Advert
- Application forms
- Shortlisting
- Employment history and references
- Selection
Again, there is an emphasis on the role of governors: 'As part of this culture [of safeguarding], it is important that [governors] adopt robust recruitment procedures that deter and prevent people who are unsuitable to work with children from applying for or securing employment, or volunteering opportunities in schools and colleges.'(see paragraph 169) Note the emphasis on volunteers too.
The harm test in part four, allegations made against staff, has had a fourth bullet point added: [where a staff member has] 'behaved or may have behaved in a way that indicates they may not be suitable to work with children'. This is to take account of situations where a person's behaviour outside school may suggest 'transferable risk'. For example, where a member of staff or volunteer is involved in an incident outside of school which did not involve children but could have an impact on their suitability to work with children'. (see paragraph 310/and page 136)
Overseas Checks
There is more clarity about when to complete checks on staff who have lived or worked overseas, and what to do if you can't get an overseas police check. Paragraph 240 says, 'It is good practice to carry out checks for individuals who have lived or worked abroad for more than three months during their adult life'. Where these checks cannot be completed, schools should carry out a risk assessment.
In keeping with the intention for KSCIE to take learning from serious cases, there is a warning here (paragraph 242) that the nature and detail of the information that is disclosed varies from country to country. This was seen in the case of the teaching assistant from Spain who had been convicted of murder, but her criminal disclosure check did not refer to it. (More information here: https://www.bbc.co.uk/news/uk-england-oxfordshire-48661365)
Supply Teachers
The safer recruitment section, and the managing allegations section, refers to the particular risks that may arise when employing supply teachers. For me though, this is still not strong enough. The new draft of KCSIE (2020) says, 'Where the agency or organisation has obtained an enhanced DBS certificate before the person is due to begin work at the school, which has disclosed any matter or information, or any information was provided to the employment business, the school or college must obtain a copy of the certificate from the agency.' (See paragraph 246).
The draft guidance provides some clarification for the single central record. The SCR should record supply staff 'even if they work for one day'; later it says that the 'details of an individual should be removed from the SCR' when they leave. I know that this applies to all staff, but it made me smile (supply teachers on at 9am, off by 4pm!) The SCR guidance confirms that it is not a requirement that governors are entered onto the SCR, although schools can if they wish (sensible to do so in my opinion).
Where there is an allegation about a supply teacher (see paragraphs 326 - 329), the draft KCSIE guidance says, 'Whilst schools and colleges are not the employer of supply teachers, they should ensure allegations are dealt with properly. In no circumstances should a school or college decide to cease to use a supply teacher due to safeguarding concerns, without finding out the facts and liaising with the LADO to determine a suitable outcome.'
'The school or college will usually take the lead [in any investigation] because agencies do not have direct access to children or other school staff, so they will not be able to collect the facts when an allegation is made, nor do they have all the relevant information required by the LADO as part of the referral process.'
An example of how supply teacher vetting can go wrong can be found here: https://www.bbc.co.uk/news/uk-england-tees-51376565
Sexual Violence and Sexual Harassment
Disappointingly, although we are promised more clarity on what schools should do if there is an incident of sexual violence, in practice, the draft KCSIE, basically says the same as before, ie. keep the 'alleged perpetrator(s) and alleged victim 'a reasonable distance apart'. This doesn't really satisfy the reality in school when a young person says that s/he has been sexually assaulted and is in the same school whilst the police investigation takes place. (See pages 88 and 96)
The role of the DSL
First the good news, this new draft of KCSIE (2020) has added a little word (with massive impact) into the role of the DSL, and another sentence. Can you spot them? 'The role of the designated safeguarding lead carries a significant level of responsibility and they should be given the additional time, funding, training, resources and appropriate supervision support they need to carry out the role effectively.' (See page 119)
The answers are 'additional' time; and 'supervision'. Let's see how we can create the funding for that to happen. Seriously though, it is a recognition that, for many, the DSL role is immensely time consuming. In fact in the recent survey I did, 'time' came out as the number one challenge for DSLs.
Time will be more necessary than ever before if the new emphasis in the DSL role is to be effectively implemented. As a result of last year's consultation* into better supporting 'children who have a social worker', it is intended that DSLs will promote the educational outcomes for these children. In itself a laudable aim, but how will that manifest? This is a massive role. I'm not even sure that in some schools it will be do-able by one person.
*Help, protection, education: concluding the Children in Need review June 2019 (see especially page 38)
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/809236/190614_CHILDREN_IN_NEED_PUBLICATION_FINAL.pdf
It seems like the government are understanding that this will be a big addition to the DSL role and so are holding series of consultation events (see below). (It looks like consultants will be excluded from these, so if you do go to one of these events, I'd love to hear your feedback.)
The relevant paragraphs about the new DSLs' role are below (see draft KCSIE, paragraph 121):
- Promote educational outcomes by knowing the welfare, safeguarding and child protection issues that children in need are experiencing, or have experienced, and is therefore best placed to identify the impact that these issues might be having on children’s attendance, engagement and achievement at school. Working with the headteacher and other staff, the designated safeguarding lead should take lead responsibility for:
- ensuring that the school or college knows who its cohort of children who currently need a social worker are, understanding their academic progress and attainment, and maintaining a culture of high aspirations for this cohort;
- support teaching staff to feel confident to provide additional academic support or reasonable adjustments to help children who need or have needed a social worker reach their potential, recognising that even when statutory social care intervention has ended, there is still a lasting impact on children’s educational outcomes.
Further new paragraphs in Annex C: Role of the DSL, include
- Information sharing and managing the child protection file
- Holding and sharing information; and
- Understanding the views of children
Use of school premises for non-school activities
There is more clarity here about who is responsible for safeguarding children when the school premises are hired-out. (See paragraphs 160/161)
Where governing bodies hire out the school premises they should ensure that appropriate arrangements are in place to keep children safe.
When activities are provided by the governing body, under the direct management of their staff, their own arrangements for child protection will apply.
Where services are provided separately by another body, the governing body should seek assurance that the body concerned has appropriate safeguarding procedures in place; and ensure that there are arrangements in place to liaise with the school or college on these matters where appropriate.
The safeguarding arrangements should be set out in the hire agreement.
DMB/PMR Radios ('walkie/talkies')
DMB and PMR radios are unsecured and schools should consider whether the information that is being transmitted comes under the Data Protection Act (2018) and GDPR.
I think this means you have to stop using this equipment for certain kinds of information. Where you are using such equipment, there should be a policy/guidelines for their use.
Your Data Protection Officer or legal provider will be able to offer you further guidance.
(Incidentally, Whatsapp shouldn't be used for school business either, although it is secure, there is no audit trail; and it is against their terms of use.)
Alternative provision
In line with other guidance, including the new Ofsted framework, schools and APs/PRUs are reminded of the need to recognise the complex needs of young people placed there and 'the additional risk of harm that their pupils may be vulnerable to' (paragraph 133).
Brexit
Missing from the new guidance at this stage is any information about how Brexit will change the relationship with the EU in terms of EEA checks and teacher training validity.
No specific action is needed in response to this draft
Remember there is no need to take any immediate action from this draft proposed new guidance, other than responding to the consultation. However, some of this guidance details good practice that is already in place in many schools and so developing school policies around this information would be no bad thing.
You can find the consultation here:
https://consult.education.gov.uk/safeguarding-in-schools-team/keeping-children-safe-in-education-2020/
You can download the draft KCSIE here: https://consult.education.gov.uk/safeguarding-in-schools-team/keeping-children-safe-in-education-2020/supporting_documents/KCSIE%202020%20consultation.pdf
Designated Safeguarding Lead role consultation events
The DfE are running events to discuss the changes to the role of Designated Safeguarding Lead (DSL) to have a greater focus on improving the academic achievement of children who need a social worker, as set out in the KCSIE consultation. They would like to hear your views on the role guidance and what additional resources, training or support would help DSLs to carry out this role. These events are for Designated Safeguarding Leads and school leaders.
If you wish to book a place on this event please email Safeguarding.SCHOOLS@education.gov.uk and confirm the location of the event you want to attend as well as your role and school/college.
Designated Safeguarding Lead role consultation events take place in:
Bristol
Thursday 12th March 2020 10:30 - 12:30
2 Rivergate, Temple Quay, Bristol, BS1 6EH
Darlington
Thursday 19th March 2020 10:30 - 12:30
Bishopsgate House, Feethams, Darlington, DL1 5QE
London
Tuesday 24th March 2020 10:30 - 12:30
Sanctuary Buildings, Great Smith Street, London, SW1P 3BT
Coventry
Friday 27th March 2020 10:30 - 12:30
Cheylesmore House,5 Quinton Road, Coventry, CV1 2WT
Sheffield
Wednesday 1st April 2020 10:30 - 12:30
2 St Pauls Place, 125 Norfolk Street, Sheffield, S1 2FJ
Manchester
Thursday 2nd April 2020 10:30 - 12:30
Piccadilly Gate, Store Street, Manchester, M1 2WD
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CONSULTATION: Sexual violence and sexual harassment between children in schools and colleges (Draft for 2020)
In addition to the proposed changes to Keeping Children Safe in Education (2020), the DfE have also revised for consultation, Sexual violence and sexual harassment between children in schools and colleges.
In the main the changes are related to the implementation of the new Relationships Education/Relationships and Sex Education curriculum in September 2020. There are a couple of interesting changes in emphasis, for example, the initial responses to a report of an incident should not 'undermine the confidence of future victims to report or come forward'.
There is a key paragraph that reminds schools they should condor any additional berries to reporting, including 'disability, gender, ethnicity and/or sexual orientation'.
The draft version of Sexual violence and sexual harassment between children in schools and colleges can be downloaded here:
https://consult.education.gov.uk/safeguarding-in-schools-team/keeping-children-safe-in-education-2020/supporting_documents/Sexual%20violence%20and%20sexual%20harassment%202020.pdf
Did you find today's Safeguarding Briefing useful?
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Subscribe to Safeguarding Extra here: https://andrewhall.substack.com/subscribe
Forthcoming Seminars
Seminars can be booked online using the links below, by replying to this email stating the course you wish to attend, or by simply phoning Emma or Hollie at our office on 01223 929269.
Advanced Safeguarding for DSLs
LONDON Tuesday 10th March 2020 FULL
MANCHESTER Wednesday 11th March 2020 One Place Left
BIRMINGHAM Thursday 19th March 2020 FULL
LONDON Tuesday 24th March 2020 FULL
BIRMINGHAM Thursday 26th March 2020 FULL
LONDON Tuesday 21st April 2020 Book Online
MANCHESTER Wednesday 6th May 2020 Book Online
BIRMINGHAM Wednesday 3rd June 2020 Book Online
YOUR SCHOOL HERE Book with Emma
for Advanced Safeguarding for DSLs, Whole School CPD or Conference Presentations
Until next time, keep safe.
Best regards,
Andrew Hall
Specialist Safeguarding Consultant
www.safeguardinginschools.co.uk
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