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So, that's 2021, week one over
Welcome to a New Year!
What a start to January. Turning on a pivot and doing your best for the children and families that you serve against such a background of turmoil will for many be the test of your career.
I am in awe of your ability to keep going and to do the very best you can. May you have all the power and resilience you need to move through the next few months, and also the wisdom to know when you just have to take a rest.
Thank you for everything you do.
Don't forget that the Education Support Partnership are there for you: 08000 562 561 (UK-wide) or https://www.educationsupport.org.uk/
Restricting attendance during the national lockdown: schools
Guidance for all schools in England - January 2021 (DfE)
This week the DfE published their guidance to schools in this new period of lockdown across England. This guidance does not include maintained nursery schools or pre-reception classes. From a safeguarding perspective these are the key points:
- Update safeguarding and child protection policy 'to reflect the move to remote education for most pupils' (see also below)
- DSL should be available on-site, but if not 'available to be contacted via phone or online video'
- Remote education will include 'recorded or live direct teaching time, and time for pupils to complete tasks and assignments independently'
- Identify a named senior leader with overarching responsibility for the quality and delivery of remote education (I think the DSL should liaise with this person)
- Social workers should be notified about vulnerable children who need to self-isolate to agree 'the best way to maintain contact and offer support to the vulnerable child or young person.'
- Check if vulnerable children are 'able to access remote education support, to support them to access it (as far as possible) and to regularly check if they are doing so.'
Download the guidance here: https://www.gov.uk/government/publications/actions-for-schools-during-the-coronavirus-outbreak
Safeguarding Policy
The government’s Contingency Framework, updated 1st January 2021 says, ‘Schools and FE providers (ideally led by the designated safeguarding lead (DSL) or a deputy) should review their child protection policy so that it reflects the local restrictions and remains effective. In some cases, a coronavirus (COVID-19) annex or addendum that summarises any key local restriction related changes might be more effective than re-writing and re-issuing the whole policy. It will be important that all staff working in the school or FE provider are aware of the revised policy.’ https://www.gov.uk/government/publications/coronavirus-covid-19-contingency-framework-for-education-and-childcare-settings/contingency-framework-education-and-childcare-settings-excluding-universities#safeguarding-and-designated-safeguarding-leads
Safeguarding.Pro member Louis Donald, Trust Safeguarding Manager at the Stowe Valley MAT, has produced a draft addendum that he is happy to share: Temporary policy statement addendum for school safeguarding policies that capture the 4th-18th Jan remote learning period
https://safeguarding.pro/wp-content/uploads/2021/01/covidpolicySG.docx
Volunteers involved in testing
Although the need to test large numbers of pupils has declined for the present, I still thought it useful to answer a questions I've been asked a few times.
It is not a requirement that volunteers need an Enhanced DBS check, unless they are in regulated activity. However, schools do need to carry out a risk assessment for each person. Volunteers need to be supervised by a person who has had an Enhanced DBS check themselves, ie a ‘senior’ volunteer with no DBS check couldn’t provide the supervision.
A suitable risk assessment can be found here: https://www.safeguardinginschools.co.uk/wp-content/uploads/2018/10/Risk-Assessment-Volunteers-v.1.2-DRAFT.pdf
At the time of writing*, it is not intended that volunteers will carry out the tests on pupils themselves, so I would not regard this as regulated activity. Whilst I’m not a lawyer I think that if a volunteer does carry out the test on a child, this could potentially be interpreted as regulated activity and an Enhanced DBS would be needed. If the volunteer is swabbing the child, schools should seek advice from their legal provider about whether this is regulated activity.
The relevant section is: Safeguarding Vulnerable Groups (SVG) Act 2006 (as amended) paragraph 2(1) of Schedule 4[1]:
(ii) Health care. Para 1(1C): ‘All forms of health care relating to physical or mental health including palliative care and procedures similar to medical or surgical care.’
See ‘Full description of scope [of regulated activity]’ here: https://www.keepingchildrensafeineducation.co.uk/reg_act_full_des.html
It is a good idea to give volunteers a briefing about child protection and confidentiality. I would probably be inclined to also give clear advice about an behavioural issues that arise, for example, refusal to carry out the test appropriately.
A related question to think about from a safeguarding perspective is how children who have been abused/at risk of abuse will feel about been ‘made’ to do an invasive test (albeit by themselves); this may be triggering for them. I think DSLs may need to give thought to how these children may need to be supported.
Changes to Government Guidance
Over the last month or so there has been a number of changes to several guidance documents; and the launch of a consultation for Keeping Children Safe in Education 2021.
Changes to Working to Together
In December 2020, changes were made to the statutory guidance Working Together to Safeguard Children (DfE). Most of the changes brought the document up to date with changes to legislation or to make it more readable. Note that the front cover is still labelled with the original publication date of July 2018. To identify the new version, look at the copyright date (2020) on the back cover.
Key changes include:
- clarification about information sharing, this is the most important area to take note of, for example, strongly stating 'you [schools] do not need consent to share personal information...provided that there is a lawful basis to process any personal information required’ (see page 106);
- updating the definition of safeguarding (first seen in Keeping Children Safe in Education (2020)) to specifically include mental health;
- Clarity about the Homelessness Duty, especially early assessments for 16/17 year olds; and
- strengthening the wording of domestic abuse by including coercive control
Actions needed
- Update policy and CPD around Information Sharing changes
- Update policy and CPD about domestic abuse, particularly about coercive control
Changes to Safer Recruitment
Important legal changes came into force on the 28th November 2020 to take into account a judgement by the Supreme Court. These changes are:
- Cautions given to under 18s are no longer legally disclosed
- The multiple conviction rule has been removed so that each offence should be considered individually
- Applicants must be told how to get independent, confidential advice on which cautions or convictions they must disclose and be given time to obtain advice
Actions required
There are a number of changes that are required to ensure that schools are compliant with the Supreme Court's rulings. These include changes to application forms, short listing and interview procedures and data protection related to criminal information.
Consultation launched for Keeping Children Safe in Education 2021
The government has launched the consultation for the new version of Keeping Children Safe in Education for 2021. As is usual many of the changes are to improve readability and to ensure that this guidance is in line with other statutory
documents. Other suggested changes include:
• introducing a new condensed annex that schools may decide to use with staff who do not work 'directly with children', instead of them reading and understanding Part One;
• reminding schools that they should include cyberbullying in the behaviour policy;
• making the section on information sharing much clearer, for example, stating that 'schools and colleges have clear powers to share, hold and use information for [identifying and tackling all forms of abuse and neglect, and in promoting children’s welfare, including their educational outcomes]';
• linking safeguarding to the behaviour management section of the Teacher Standards to 'ensure a good and safe educational environment'; and
• including 'child abduction and community safety incidents' in the potential harms section.
The sections that see the greatest potential changes are in safer recruitment, child on child sexual violence and sexual harassment (peer-on-peer abuse) and the role of the designated safeguarding lead.
Proposed changes - Sexual Violence and Sexual Harassment 2021
Changes have also been proposed to the Sexual Violence and Sexual Harassment advice from the Department of Education (DfE); the consultation closes on 4th March 2021.
Many of the suggested changes are to improve readability, update information sources and to clarify meaning.
The consultation is open until 4th March 2021 (11:45pm) and can be found online here: https://consult.education.gov.uk/safeguarding-in-schools-team/keeping-children-safe-in-education-schools-and-col/
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