Changes to Keeping Children Safe In Education 2022

Introduction

Following a consultation on proposed changes to the statutory guidance for schools and colleges in England – Keeping children safe in education (“KCSIE”), a draft of the revised KCSIE guidance has been published on the 31 May 2022

This document is still a draft document, but any changes made before KCSIE 2022 comes into force on 1 September 2022 will be made clear. The existing statutory guidance Keeping children safe in education 2021 remains in place until August 31 2022

Overview

This draft document, with its whole school ethos, has been updated and provided early to ensure:

  • An opportunity for all staff to read the appropriate parts of KCSIE 2022
  • Each organisations’ safeguarding procedures are up- dated and published
  • There will be 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
  • That 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 both 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 whole document in Appendix F and the Consultation Response Report provides the rational to those changes

Explanations to use of terms and specific phrases thought 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”
  • 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.
  • Clinical Commissioning Groups has been changed to Integrated Care Systems. NB This will be 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.

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

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)


Part Three: Safer recruitment

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

At the end of the section on shortlisting there is a new paragraph which states in addition to the shortlist process the school or colleges can consider as part of due diligence carrying out an online search.

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?

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 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.


Part Five: Child on child sexual violence and sexual harassment

This section now contains within it the 2021 Advice for governing bodies, proprietors, headteachers, principles, senior leadership teams and designated safeguarding leads: Sexual violence and sexual harassment between children in Schools and colleges. The 2021 document remains in place until the publication of KCSIE 2022 on September 1.

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.

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.


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

This section providing guidance to governing bodies 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.


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

NEWSFLASH: SAFEcic are updating all safeguarding training where relevant in line with KCSIE 2022 including the Safer Recruitment Training

From September SAFEcic is providing whole school training “Working Towards Safer Organisations”, which will be:

  • delivered online and blended
  • for all staff groups paid and unpaid, management, governors and trustees
  • tailored specifically for education and Ofsted compliant

This training is being designed to provide:

  • knowledge and confidence in promoting the welfare and safeguarding of children and young people across the whole school.
  • an addition to training, undertaken for specific roles and responsibilities, and building on safer recruitment practice, develop a common ground of knowledge and respect.
  • a whole school, college, response to the culture and ethos where children are able to talk, be listened too and if required responded to in an appropriate and timely manner

To register your pre-course interest email new educationtraining@safecic.co.uk