Summary

Contents

What is the status of this guidance?
About this guidance
Who this guidance is for
Multi-agency safeguarding transitional arrangements


What is the status of this guidance?

This is statutory guidance from the Department for Education (the department) issued under Section 175 of the Education Act 2002, the Education (Independent School Standards) Regulations 2014, and the Non-Maintained Special Schools (England) Regulations 2015. Schools and colleges in England must have regard to it when carrying out their duties to safeguard and promote the welfare of children. For the purposes of this guidance children includes everyone under the age of 18.


About this guidance

We use the terms "must" and "should" throughout the guidance. We use the term "must" when the person in question is legally required to do something and "should" when the advice set out should be followed unless there is good reason not to.

The guidance should be read alongside:

Unless otherwise specified:

  • 'School' means: all schools whether maintained, non-maintained or independent schools (including academies, free schools and alternative provision academies), maintained nursery schools[1]and pupil referral units;
  • 'College' means further education colleges and sixth-form colleges as established under the Further and Higher Education Act 1992 and institutions designated as being within the further education sector.[2] It relates to their responsibilities towards children who are receiving education or training at the college. It excludes 16-19 academies and free schools (which are required to comply with relevant safeguarding legislation by virtue of their funding agreement).

[1] The Early Years Foundation Stage Framework (EYFS) is mandatory for all early years' providers. It applies to all schools, including maintained nursery schools that have early years provision. Maintained nursery schools, like the other schools listed under 'About this guidance', must have regard to Keeping Children Safe in Education 2018 when carrying out duties to safeguard and promote the welfare of children (by virtue of section 175(2) of the Education Act 2002 – see footnote 14 for further detail on this requirement).
[2] Under section 28 of the Further and Higher Education Act 1992 ('designated institutions').


Who this guidance is for

This statutory guidance should be read and followed by:

  • Governing bodies of maintained schools (including maintained nursery schools) and colleges;
  • Proprietors of independent schools (including academies, free schools and alternative provision academies) and non-maintained special schools. In the case of academies, free schools and alternative provision academies, the proprietor will be the academy trust; and
  • Management committees of pupil referral units (PRUs).

The above persons should ensure that all staff in their school or college read at least Part one of this guidance. The above persons should ensure that mechanisms are in place to assist staff to understand and discharge their role and responsibilities as set out in Part one of this guidance.


Multi-agency safeguarding transitional arrangements

The department has published Working Together Transitional Statutory Guidance to support Local Safeguarding Children Boards (LSCBs), the new safeguarding and child death review partners, and the new Child Safeguarding Practice Review Panel in the transition from LSCBs and serious case reviews (SCRs) to a new system of multi-agency arrangements and local and national child safeguarding practice reviews. Locally, the three safeguarding partners (the local authority; a clinical commissioning group for an area within the local authority; and the chief officer of police for a police area in the local authority area) will make arrangements to work together to safeguard and promote the welfare of local children, including identifying and responding to their needs.

Governing bodies, proprietors, management committees and their senior leadership teams, especially their designated safeguarding leads, should be aware of their local arrangements and timelines for the transition. Keeping Children Safe in Education 2018 has been drafted in line with revised Working Together to Safeguard Children to reflect these new arrangements.

Details of the new local arrangements must be published by the three safeguarding partners no later than 29 June 2019 and be in place no later than 29 September 2019. Until the new arrangements are in place, schools and colleges should continue to work in partnership with the LSCB and follow any relevant local arrangements.

What this guidance replaces

This guidance replaces Keeping Children Safe in Education September 2016. A table of substantive changes is included at Annex H.