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“ALL STAFF CAN MAKE A REFERRAL TO CHILDREN’S SOCIAL CARE IF THERE IS A RISK OF IMMEDIATE SERIOUS HARM TO A CHILD”


KCSIE does require schools to have


writen recruitment and selection policies and procedures in place, which is a timely reminder to schools to review their current documentation to ensure it reflects how they work in practice.


Designated Safeguarding Lead Each school is required to have a ‘Designated Safeguarding Lead’ (DSL) whose duties will include liaising with the statutory agencies in child protection maters, and providing advice and support to staff in carrying out their safeguarding duties. KCSIE says that the DSL should be a member of the school’s leadership team and that their job description should set out the duties required of them. There should always be cover for this role and appointing a deputy is therefore recommended. KCSIE makes it clear that all staff,


and not just the DSL, can make a referral to children’s social care if there is a risk of immediate serious harm to a child. Wherever possible, however, a conversation should ideally take place with the DSL before any such referral is made.


not currently possible for schools to use this service if they do not already have an account due to work being undertaken on the website. Once this is complete the check will be treated as a requirement for all schools when recruiting teaching staff. It will be best practice for schools to amend their single central register to confirm that this check has been carried out. The other recruitment checks which independent schools are required to undertake remain unchanged.


Training The training requirements in respect of safeguarding have changed. While the DSL should undergo child protection training every two years, there is no longer a specific requirement for all other staff members (including the Head) to undergo training every three years. Rather, KCSIE states that staff should undergo child protection training regularly in accordance with the advice and requirements of the Local Safeguarding Children’s Board (LSCB). There is an express requirement


that all staff, including temporary staff and volunteers, must be provided with induction training that covers: ✥ the child protection policy ✥ the staff code of conduct ✥ the identity of the DSL ✥ Part 1 of KCSIE ✥ In addition all existing staff are required to read Part 1 of KCSIE.


✥ Allegations against staff The statutory guidance, ‘Dealing with


allegations of abuse against teachers and other staff’ is now contained at Part 4 of KCSIE. The October 2012 version has been archived and schools should therefore refer to KCSIE in relevant situations.


Volunteers and regulated activity KCSIE confirms that schools must undertake an enhanced DBS check and Children’s Barred List check on all volunteers undertaking regulated activity with children, ie where the volunteering is unsupervised, frequent (once a week, four times or more in a 30-day period) or overnight and provides the opportunity for contact with children. Schools are not permited to carry out a Barred List check on individuals who are not undertaking regulated activity. KCSIE also clarifies that if a volunteer is


not engaging in regulated activity then a school can undertake a risk assessment, taking into account what is known about the volunteer and what duties they will be doing, to determine whether an enhanced DBS check is desirable. It remains the case that an


unchecked volunteer must not have unsupervised access to children. When appointing volunteers schools


will therefore have to adopt a practice of assessing the nature and frequency of the duties of each volunteer, and whether they will be supervised, rather than applying a blanket policy to all. Annex D of KCSIE sets out the


statutory guidance on regulated activity and supervision which should assist with this process.


Next steps Schools should draw up an action plan to implement the changes from KCSIE which should include: ✥ circulating Part 1 to all staff ✥ reviewing the child protection policy ✥ implementing a staff code of conduct ✥ updating the job description of the DSL ✥ considering the training needs of all staff. iE


Tracey Eldridge-Hinmers and Richard Hewit are Senior Associates at leading education law firm Veale Wasbrough Vizards. Tracey can be contacted on 020 7665 0802 or at teldridge-hinmers@vwv.co.uk. Richard can be contacted on 0117 314 5320 or at rhewit@vwv.co.uk


Main image © Chris Schmidt / iStock


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