Legislation and guidance

Governing boards and proprietors must ensure that they comply with their duties under legislation. They must also have regard to the statutory guidance, 'Keeping Children Safe in Education', to ensure that the policies, procedures and training in their schools or colleges are effective and comply with the law at all times.

The responsibilities in relation to this function are outlined in Part 2 of the statutory guidance.

In order to fulfil their obligations in relation to the Education Act 2002, 'Keeping Children Safe in Education' requires governing boards and proprietors to ensure that:

• The school or college contributes to inter-agency working in line with statutory guidance 'Working Together to Safeguard Children (opens new window)'.
  
  
• Their safeguarding arrangements take into account the procedures and practice of the local authority as part of the inter-agency safeguarding procedures set up by the Local Safeguarding Children Board (LSCB).
  
  
• There is a whole school or college approach to safeguarding. This means ensuring safeguarding and child protection are at the forefront and underpin all relevant aspects of process and policy development.
  
  
• A member of the governing body, usually the chair, is nominated to liaise with the local authority in the event of allegations of abuse made against the Headteacher, the principal of a college or proprietor or member of governing body of an independent school.
  
  
• They ensure there are procedures in place to manage safeguarding concerns, or allegations against staff (including supply staff and volunteers and contractors). This includes low level concerns and those that meet the harms test.
  
  
• Staff are aware of the whistleblowing procedures in school and should feel able to raise concerns about unsafe or poor practice or the safeguarding regime. 'Keeping Children Safe in Education' also refers to the NSPCC whistle blowing helpline.
  
  
• There is an effective safeguarding and child protection policy in place in their school together with a staff behaviour policy (code of conduct). The safeguarding policy should ensure information as per 'Keeping Children Safe in Education.' Note that a Trust may have an overarching policy in addition to the individual school policy. The child protection policy should be updated annually in accordance with national and LA guidance and be available publicly either via the school or college website or by other means.
  
  
• They recognise the expertise that staff build up by undertaking safeguarding training and managing safeguarding concerns on a daily basis. Opportunity should therefore be provided for staff to contribute and shape safeguarding arrangements and safeguarding policy.
  
  
• The child protection policy, code of conduct, behaviour policy, the safeguarding response to children absent from education and role of the DSLs and their identities are explained to staff on induction, as well as providing copies of the polices and part one of 'Keeping Children Safe in Education' (and Annex B).
  
  
• The Headteacher and all staff members should undergo child protection training, including online safety, which is updated annually. There should be mechanisms in place to ensure all staff understand their role as set out in Keeping Children Safe in Education. In addition, all staff should receive regular safeguarding and child protection updates at least annually.
  
  
• They take a proportional, risk-based approach when considering what training temporary staff and volunteers should receive.
  
  
• Appropriate safeguarding responses are in place for children who go absent from education.
  
  
• Regarding children missing education, DLSs should note local guidance that the DSL should meet regularly with the attendance lead to ensure this is happening. Best practice are frequent, documented meetings involving all those concerned including SENCO, pastoral support and so on to ensure a holistic approach to seeing absence through a safeguarding lens.
  
  
• Wherever reasonable / possible schools have more than one emergency contact number for their pupils and students. The LA recommend the revision of admission / contact forms and the regular checking of this information together with making it explicit parents should update school with any changes.
  
  
• Headteachers and principals ensure the policies and procedures adopted by governing boards and proprietors, particularly concerning referrals of cases of suspected abuse and neglect, are followed by all staff.
  
  
• A senior member of staff who is part of the school's or college's leadership team is appointed to the role of DSL to take the lead responsibility for safeguarding. This responsibility should not be delegated. This role should be explicit in the role-holder's job description. 'Keeping Children Safe in Education' provides specific advice for sole proprietors to ensure the DSL can act with sufficient independence.
  
  
• They have appointed one or more deputy DSLs, sometimes called an alternate DSL. This should be explicit in the role-holder's job description. They should be trained to the same level as the DSL.
  
  
• Children are taught about safeguarding as part of a broad and balanced curriculum and that this includes online safety.
  
  
• Online safety training for staff is integrated, aligned and considered as part of the overarching safeguarding approach.
  
  
• They ensure that all staff undergo safeguarding and child protection training (including online safety) at induction. The training should be regularly updated.
  
  
• Systems are in place to ensure that the child's wishes and feelings are taken into account when determining what action to take and what services to provide to protect individual children.
  
  
• They appoint a designated teacher to promote the educational achievement of children who are looked after and to ensure that this person has had appropriate training. Systems should recognise the additional potential vulnerability of children who were previously looked after. This will include DSLs obtaining the details of the LA Personal Adviser so they may liaise when appropriate.
  
  
• In line with part three of 'Keeping Children Safe in Education', safer recruitment policies and procedures are in place to ensure that all appropriate checks are carried out on governors, staff and volunteers and that these checks are evidenced on the Single Central Record.
  
  
• They ensure the child protection policy reflects the additional challenges children with special educational needs and disabilities can face.
  
  
• They ensure that policies and procedures take account of child on child abuse in its various forms and what responses to victims, perpetrators and other affected children look like. Part five of 'Keeping Children Safe in Education' provides specific guidance and training, policies and procedures should reflect this.
  
  
• They ensure policies and procedures reflect contextual safeguarding and the importance of considering the wider environmental factors in a child's life.
  
  
• Child protection files are maintained as set out in Annex C of 'Keeping Children Safe in Education'.
  
  
• Where children leave the school or college, the designated safeguarding lead should ensure their child protection file is transferred to the new school or college and consider if it would be appropriate to share any information with the new school or college in advance of a child leaving.
  
  
• Relevant staff have due regard to the relevant data protection principles, which allow them to share (and withhold) personal information, as provided for in the Data Protection Act 2018 and the UK GDPR.
  
  
• Where school or college facilities/premises are hired or rented out to organisations or individuals (for example to community groups, sports associations, and service providers to run community or extra-curricular activities) they should ensure that appropriate arrangements are in place to keep children safe.

• The school or college has appropriate filtering and monitoring systems in place and regularly review their effectiveness. They should ensure that the leadership team and relevant staff have an awareness and understanding of the provisions in place and manage them effectively and know how to escalate concerns when identified.