Annex H: Table of substantive changes from September 2016

Where

What

Whole of the document

The guidance is amended throughout to make references to acronyms consistent and to correct minor typos e.g. missing punctuation.

Throughout the guidance, we have amended references to The National College for Teaching and Leadership (NCTL) to reflect that from 1 April 2018, its functions in respect of the regulation of the teaching profession, including misconduct hearings, will be handled by the newly established Teaching Regulation Agency (TRA). The TRA is an executive agency of the Department for Education. All other NCTL functions are now handled by the Department for Education.

The guidance is amended throughout to reflect Working Together to Safeguard Children 2018. Substantive changes in relation to Working Together are reflected below.

Summary  

What is the status of this guidance

Duplicated the definition of children (that was already in Part one of Keeping Children Safe in Education 2016) to make clear, up front, what we mean by “children”.

About this guidance

Provided additional context on the use of “must” and “should”. Updated the definition of colleges to reflect “designated institutions”.

Who this guidance is for

Moved the footnote about academy trusts into the main body of the guidance. This clarifies that for the purposes of Keeping Children Safe in Education, in the case of academies, free schools and alternative provision academies, the proprietor is the academy trust.

 

New section explaining the multi-agency safeguarding transitional arrangements.

Part one

 

Paragraph 10

New paragraph explaining the complete safeguarding picture DSLs and their deputies are likely to have.

Paragraph 12

Included “behaviour policy” in the list.

Included “safeguarding response to children missing education” in the list. Made clear that information about the role of the DSL should include, the identity of the DSL and any deputies.

Paragraph 15

Removed detailed information from one of the two footnotes and combined into one simple footnote. Feedback suggested the original level of information is too much for Part one. However, cross-reference to detailed information remains.

Paragraph 17

Provided additional information on early help.

Paragraphs 22-33

Paragraph 22 is updated to reflect concerns about a child’s welfare should be acted on immediately.
Paragraph 23 is updated to reflect the importance of speaking to the DSL and following the local child protection policy.
Paragraph 24 has been expanded to clarify the options for action when staff have concerns.
Paragraph 26 explains the importance of information sharing and reflects Data Protection Act 2018 and GDPR.
Paragraph 27 makes clear that generally the DSL takes the lead on early help cases.
Paragraph 30 provides more information on what to expect from the local
authority.

Paragraph 34

Updated to reflect the fact all staff should raise any FGM related concerns with the DSL (or deputy) and then making the link to the legal requirement on teachers. Also updated footnote to make it easier to read.

Actions where there are concerns about a child

Updated table to reflect changes elsewhere in Part one.

Paragraph 48

Updated to reflect sexual violence and sexual harassment.

Paragraph 50

New paragraph to provide information on contextual safeguarding.

Additional Advice and Support

The links to Additional Advice and Support have been moved into Annex A.

Part two

 

Paragraph 53

Updated to make clear the Board level leadership lead should sit at governing body or proprietor level.

Paragraph 55 Child Protection Policy

Updated to make clear that all schools and colleges should have their own individual child protection policy. This is important, as it will reflect local circumstances. This does not stop a proprietor of multiple schools from having an overarching child protection policy. We would simply expect that this overarching policy will be built on locally to ensure local procedures and protocols can be reflected.
Moved the old paragraph 49 into this paragraph to bring the child protection information together in one place.

Paragraph 55 Children Missing Education

New paragraph to reflect that where reasonably possible schools and colleges should hold more than one emergency contact number for their pupils and students.
Moved the old paragraph 51 into this paragraph to bring the children missing education information together in one place.

Paragraph 59

To be clear the important thing is the designated safeguarding lead is a senior member of staff and is from the school or colleges leadership team. Who actually appoints them is a matter for the governing body or proprietor.

Paragraphs 66-70

Updated to reflect the new three safeguarding partner arrangements and the role schools and colleges will be asked to play in them.

Paragraphs 72-78

Updated to reflect the Data Protection Act 2018 and GDPR and the importance of governing bodies, proprietors and their staff being aware of their obligations.

Paragraph 79

Reflected the designated safeguarding lead responsibilities with regard to the child protection file. This is already set out in Annex B but it deserves prominence in the main body of the guidance.

Paragraph 80

New paragraph to reflect the fact the DSL should be considering information sharing in advance of transferring the child protection file.

Paragraph 85

Reordered the wording to improve readability and have added the word “safety”. This addition is to make clear that “safeguarding” includes “online safety”.

Paragraph 90

Revised to clarify that at least one of the persons who conducts an interview has completed safer recruitment training.

Paragraph 95

Updated to reflect the importance of school and college child protection policies reflecting peer on peer abuse.
Updated to cross refer to the new Part 5.

Paragraph 100

New paragraph taking into account previously looked after children, highlighting the fact that they remain vulnerable and the importance of agencies working together to safeguard them.

Paragraph 101-102

Updated to reflect Children and Social Work Act 2017.

Paragraph 103-105

Updated to reflect Children and Social Work Act 2017.

Paragraph 106

New paragraph reflecting care leavers.

Paragraphs 108-110

New paragraphs reflecting reasonable force.

Part three

 

Paragraph 112

Revised the wording of to make direct reference to prohibitions, directions, sanctions and restrictions.

Paragraph 115

Moved the position of the reference to Annex F to improve readability. Technical change to wording to explain the term ‘supervision’ in the context of regulated activity.

Paragraph 116

Amended footnote 42 to reflect changes to college Conditions of Funding Agreements that, before employing a person to carry out teaching work in relation to children, require colleges to take reasonable steps to establish whether that person is subject to a prohibition order made under section 141B of the Education Act 2002.

Regulated Activity shaded box

Clarified the position on personal care.

Paragraph 118

Amended paragraph to clarify when to check if a person they propose to recruit as a governor is barred as a result of being subject to a section 128 direction.

Paragraphs 122-127

Amended footnote 49 to reflect the requirements on colleges that before employing a person to carry out teaching work in relation to children, they are required to take reasonable steps to establish whether that person is subject to a prohibition order and prevent the employment or engagement of any person who is subject to a prohibition order in such a role.
New heading inserted. Paragraphs in this section have been relocated from elsewhere in document and additional information inserted to bring all information together, and provide clarity about, prohibitions, sanctions and restrictions.

Paragraph 128

Added new paragraph to reflect previous GTCE sanctions.

Paragraph 130

New paragraph, which includes text from previous footnote 38 into main body of text to explain the use of the Teacher Services system. New footnote 54 is inserted to explain the Teacher Services system can also be used to verify qualified teacher status (QTS) and the completion of teacher induction and teacher probation periods.

Paragraph 131

New paragraph inserted to explain the circumstances in which section 128 management barring information be included on a DBS certificate.

Paragraph 134

Addition to bullet 7 information to advise that the Teacher Services system should be used to verify any award of Qualified Teacher Status and the completion of teacher induction or probation periods.

Footnote 57

Inserted to reflect the requirement in the FE sector.

Second last Bullet in para 134

Text amended to clarify the duty on schools to confirm that a person appointed to carry out teaching work is not prohibited from doing so, and to cross reference to footnote 50 which confirms requirements for checking teacher prohibitions in colleges. Additional footnote (60) provides the definition of ‘teaching work’ that applies in the context of this paragraph.

Paragraph 136

Amended to reflect accurately the wording of regulations and to add clarity. There has been no change to policy.

Flowchart

A revised flowchart has been inserted to make the information about checks for contractors consistent with the information contained in the body of the guidance.

Paragraphs 139-142

Provided further context about the information schools should consider when seeking and obtaining references. A link to the Advisory, Conciliation and Arbitration Service (ACAS) website has been added to signpost to additional information about references.
Amended to clarify that where any information about past disciplinary action or allegations is disclosed it should be considered as part of the suitability assessment.

Paragraph 143-149

Clarified the minimum information that must be recorded on the SCR. Additional advice has been added to: clarify the option to use the SCR to record other non-statutory information; the requirements for multi- academy trusts; that in the case of an academy, a proprietor means the members and trustees of the academy trust; and the format of the SCR.
Included reference to agency and third party supply staff.

Paragraph 143

Amended to cross reference paragraphs 152 and 154, which provide additional detail about recording supply staff and trainee teacher checks.

Paragraph 144

The addition of a link to Government guidelines on checking an employee’s identification. Additional information included to reflect the requirements for recording recruitment information in colleges.

Footnote 64

New footnote to explain that colleges funding agreements require robust record keeping procedures to be in place.

Paragraph 145

Amended to clarify the paragraph applies equally to colleges, agency and third party supply staff.

Paragraph 147

Technical change to clarify that MATs should ensure the information on the SCR for their trust is recorded in such a way that information for individual academies can be provided to those entitled to inspect it.

Paragraph 148

Links have been inserted to each of the relevant regulations.

Paragraphs 150

Moved the reference to the Home Office guidance from paragraph below to this paragraph.

Paragraph 155

In respect of fee-funded ITT trainees, clarified that the school or college should obtain written confirmation from the provider that it (the provider) has carried out all pre-appointment checks that the school or college would otherwise be required to perform.

Paragraph 156

Amended to clarify when colleges are required to carry out suitability checks where a member of staff moves position within the establishment.

Paragraph 157

Added paragraph number as this section of text not previously shown as a numbered paragraph. Also revises the original text, providing clarification that ensures schools are clear that they must refer to the DBS when an individual is suspended or moved out of regulated activity to another post, if they meet the ‘harm’ criteria.

Paragraph 163

Provided a link that signposts the DBS workforce guides. This is to assist schools and colleges to identify whether the position they are recruiting into fits the ‘child workforce’ criteria, used when completing the “Position Applied For” field on a DBS application form and which allows a children’s barred list check to be requested.

Paragraph 164

Revised and footnote 72 added to remind schools and colleges to record risk assessments.

Paragraph 165

Revised text to signpost to guidance to be used by schools and colleges when determining when a volunteer should be supervised.

Paragraph 169

Heading now clarifies that this includes proprietors of alternative provision. To clarify in respect of colleges and schools, other than maintained schools, when DBS certificates can/should be obtained for governors.

Paragraph 171

To clarify that this includes a governing body in an academy or free school.

Paragraph 172

Provided clarification for academy trusts about the requirement to carry out checks for section 128 directions, which prohibit or restrict a person from taking part in the management of an independent school (including academies and free schools) and DBS checks.

Footnote 84

Confirms the circumstances in which DBS certificates can be obtained in respect of a contractor who is working in a college.

Paragraph 178

New information clarifying the responsibility on schools when working with alternative provision providers.

Paragraph 179-183

Minor drafting clarifications.

Paragraph 184

Amended to introduce the term “homestay”.

Paragraph 185-186

Paragraphs moved from Annex E and amended to clarify that staff and volunteers should remain alert to, and, when it comes to their attention report to the local authority, information which suggests a child is being privately fostered.

Part four

 

Paragraph 188

An additional footnote 90 has been added to provide a link to Disclosure and Barring Service website explanation of the ‘harm test’.
The 3rd bullet in this paragraph is amended to replace ‘would’ with ‘may’, providing consistency with the terminology within ‘Working Together to Safeguard Children’ statutory guidance

Added ‘volunteers’ to this paragraph to make clear this part of the guidance is also applicable to them.

Paragraph 193

In response to feedback, we have moved the term ‘unfounded’ from a footnote back into the main text.

Paragraph 196

Signposted to footnote on more information on strategy discussion and a paragraph that provides further information about suspensions.

Paragraph 206

This revision clarifies that reporting restrictions apply only to teachers in schools.

Paragraph 208

Updated link.

Paragraph 215

Update to make schools and colleges aware that in addition to the general guidance with regard to record retention, the IICSA have provided their own advice (which is linked).

Paragraph 217

Now provides signposts to paragraphs that provide information about references.

Paragraph 219

Corrects a typo; replaces ‘institute’ with ‘instigate’.

Paragraph 223

Inserted ‘children’s social care’ because where the allegation is about the welfare of a child then ‘children’s social care’ should be contacted directly.

Paragraph 224

Clarifying the duties of sixth form colleges where they are made aware that an interim teacher prohibition order has been imposed on an individual who is working at the establishment.

Paragraph 234

Amended to clarify the paragraph applies equally to sixth form colleges.

Part 5

 

Paragraphs 240-262

New Part 5 to provide guidance for schools and colleges on how they should respond to reports of child on child sexual violence and sexual harassment.

Annex A

Included new introduction Included table of contents

  • Children Missing Education: Removed child missing education advice that duplicated departmental advice and focused on what staff should be considering when a child is missing from education;
  • Children and the court system- new information;
  • Children with family members in prison- new information;
  • County Lines- new information;
  • Domestic abuse- new information;
  • Homelessness- new information;
  • HBV- additional context;
  • Preventing radicalisation- redrafted to focus on what staff should be doing and considering rather than the more general school or college response which is covered in other guidance;
  • Peer on peer abuse- new information;
  • Sexual violence and sexual harassment- new information.

Links to additional advice and support moved from Part one and updated with new links

Annex B

New footnote 109 includes considerations for sole proprietors to ensure their designated safeguarding lead is a suitable person for the role.
Added online safety and SEND as considerations when training designated safeguarding leads. This reflects the importance of these two areas as set out in Part two of the guidance.
Also bringing deputy DSL in line with DSL and setting out that the role should be explicit in any job description.
Child protection file updated to reflect paragraph 79-80

Annex C

Updated to provide more information and links to additional support included.

Annex D

Added reference to the Visits to Children in Long-term Residential Care Regulation 2011, as it applies to schools and colleges.

Annex E

In response to stakeholder feedback, revised this Annex to provide clarity on obtaining DBS checks for UK host families who provide homestay to pupils during exchange visits.

Annex G

Updated footnote to reflect DBS now provide this service and not Disclosure Scotland.