1. Keeping Children Safe in Education 2018
Came into force 3rd September 2018
Jane Bee Safeguarding Ltd
Georgina Summers GSCB

2. Introduction
The 5th Edition of Keeping Children Safe in Education (KCSiE) Statutory Guidance for schools and colleges was recently published and came into force 3rd September 18. It supersedes KCSiE ‘Tweaked’ rather than fundamentally changed – but New Part 5 which we shall look at. This sessions provides information on the main changes.

3. Working Together to Safeguard Children - 2018
This guidance applies to all organisations and agencies who have functions relating to children.
It applies, in its entirety, to all schools.
This guidance came into force on 29th June 2018

4. Part 1 - What’s Changing?
The emphasis has been changed in some (not all) places to remove the difference between college and school staff. Now refers to ‘All Staff’ to encompass both
Induction – changes to what staff need to know (Para 12) - All staff should be aware of systems which support safeguarding which should be explained to them during induction (a copy of Part 1 should be provided on induction). This includes:
Child Protection Policy
The Behaviour Policy
The Staff Behaviour Policy
The Safeguarding response to children who go missing from education
The role of the DSL including identity of the DSL and DDSLs

5. Part 1 - What’s Changing?
Behaviour Policy – All schools are required to have a Behaviour Policy. If a college chooses to have a Behaviour Policy, it should be provided to all staff on induction.
DfE Guidance which might help: Behaviour and discipline in schools: Guidance for headteachers and staff Ref: DFE

6. Part 1 - What’s Changing?
Para 17 helpfully lists those children who might benefit from Early Help
Part 1 also adds further clarification on what staff should do if they have concerns about a child (para 22)
Part 1 really emphasises that staff should not assume that somebody else will take action and should share information that might be critical in keeping a child safe.
There is also clarification (para 25) that the DSL or DDSL should always be available to discuss concerns. On rare times when not possible, action should not be delayed.

7. Action Points for Part 1:
Update your Induction Process for staff to include reference to:
The school Behaviour Policy
The Safeguarding response to children who go missing from education
The identities of the DSL or DDSL
Circulate Part 1 to all staff and ensure they have read and understood it. Document what you have done
Update your Safeguarding policy (and any related policies) to clarify the list of children who may benefit from Early Help and may be in need of safeguarding

8. Action Points for Part 1:
Update your Safeguarding Policy to ensure that it is clear that staff should not assume someone else is taking action and sharing information that might safeguard a child.
Make it clear in the Safeguarding Policy that the DSL or DDSLs should always be available to discuss safeguarding concerns – also add this to the DSL Job Description – examine this in practice and discuss with governors too.
Ensure all your policies now refer to KCSiE 18 with effect from 3rd September 2018

9. Part 2 – The Management of Safeguarding – What’s Changing?
Part 2 remains focussed on the management of safeguarding which is the responsibility of governing bodies, proprietors and management committees.
The Safeguarding Policy should be updated annually as a minimum.
Part 2 provides clarity on what should be contained in an effective Safeguarding Policy plus procedures to be included and how it should be made available. Including:
Describing procedures in line with Government guidance (FGM, Radicalisation, CSE, referrals to social care etc).
Describing locally agreed inter agency procedures (see GSCB website)
Reference to the Staff Behaviour Policy
Children who go missing
Emergency contacts (now best practice to have 2)

10. Part 2 – The Management of Safeguarding – What’s Changing?
Emphasis on the safeguarding of children who go missing from education – recognising that they are a risk group. This is repeated in Part 2 so that governance also looks at this.
Subtle change of wording regarding the appointment of the DSL (para 61) which emphasises that the head and governing body should ensure that an appropriate member of staff from the Senior Leadership Team is appointed to the role

11. Part 2 – The Management of Safeguarding – What’s Changing?
67 The three safeguarding partners have a shared and equal duty to work together to safeguard and promote the welfare of children. To fulfil this role, they must set out how they will work together and with any relevant agencies. Relevant agencies are those organisations and agencies whose involvement the three safeguarding partners consider may be required to safeguard and promote the welfare of children with regard to local need. The three safeguarding partners must set out in their published arrangements which organisations and agencies they will be working with and the expectations placed on any agencies and organisations by the new arrangements.
68. The three safeguarding partners should make arrangements to allow all schools (including multi-academy trusts) and colleges in the local area to be fully engaged, involved and included in the new safeguarding arrangements. It is expected that, locally, the three safeguarding partners will name schools and colleges as relevant agencies and will reach their own conclusions on how best to achieve the active engagement of individual institutions in a meaningful way.
69. If named as a relevant agency, schools and colleges, in the same way as other relevant agencies, are under a statutory duty to co-operate with the published arrangements.
70. Governing bodies and proprietors should understand the local criteria for action20

12. Part 2 – The Management of Safeguarding – What’s Changing?
Part 2 contains greater clarity on Peer on Peer abuse and on what governing bodies and heads should do to ensure their Safeguarding policy is effective in this context (Paras 94 and 95)

13. Part 2 – The Management of Safeguarding – What’s Changing?
Finally under Part 2, there is recognition that pupils with SEND can be more prone to peer group isolation than other children (para 107), can have possible abuse put down to their SEND and have communication difficulties. Schools and colleges should consider extra pastoral support for children with SEND.
A section on the use of ‘Reasonable Force’ in schools and colleges within this context has also been included (para 108) There are links to wider guidance.

14. Action Points for Part 2:
Update your Safeguarding Policy to recognise that children with SEND can have potential abuse put down to their needs (consider contextual abuse here too), may be prone to isolation and should have additional pastoral support. Mirror this with updates to your SEN policy.
Consider holding more than one emergency contact for each pupil (best practice)
Ensure Safeguarding Policy includes the points in Part 2 and is reviewed annually as a minimum
Consider training for governors on the changes in KCSiE 18

15. Part 3 – Safer Recruitment - What’s Changing?
Remains focussed on Safe recruitment.
New section on ‘Prohibitions, directions, sanctions and restitutions’ (para 122) which recognises the range of orders which may prevent a person from carrying out teaching work. Para 130 provides information on how to carry out checks for all prohibitions (required for the SCR).
Reference to the NCTL has been amended to refer to the new Teaching Regulation Agency (TRA).
Changes to the section on ‘Employment History and References’ (para 139). Where someone is not currently employed, previously the school had to check the school, college or LA where they were most recently employed states “Where a candidate is not currently employed, checks should be made with their most recent employer whether that is a school, college, LA or other organisation”. Best practice to check both.

16. Part 3 – Safer Recruitment - What’s Changing?
Further emphasis that internal candidates also require references before interview is provided at para 140.
References should be from a senior person with appropriate authority and not from a colleague (para 140)
Helpful clarity (also at para 140) that electronic references should be verified to ensure that they originate from a legitimate source – this should be documented.
SCR information hasn’t changed but is a useful re-read to ensure that the school’s record includes everything it should (paras 143 – 149)
Para 160 emphasises that for existing staff, the legal duty to refer to the DBS applies equally in circumstances where an individual is deployed to an area of work which is not a regulated activity, or they are suspended, so technically not in a Regulated Activity.

17. Part 3 – Safer Recruitment - What’s Changing?
There is a new paragraph on Alternative Provision (para 178). Where school places a child with an alternative provision, the school continues to be responsible for the safeguarding of that pupil. The school should be satisfied that the provider meets the needs of the pupil and that the appropriate safeguarding checks have been carried out on the individuals working at the setting.

18. Action Points for Part 3:
Change any reference to the NCTL to read the TRA
Update your Safer Recruitment Policy and procedure to reflect the importance of checking that any electronic references received are from a legitimate source
Add that internal references are requested prior to interview (where possible) and that references received are from someone with authority and not a colleague.
Also ensure that references are sought from both the most recent employer and the most recent educational setting.
Make sure you have enough people trained and accredited in Safer Recruitment

19. Part 4 – Allegations Management - What’s Changing?
The previously used definition of ‘unfounded’ has been reinstated for use when the LADO determines the outcome of an Allegations Management case. Unfounded means there is evidence to show that the allegation did not happen.
Change of wording in the thresholds of Allegations Management for school staff:
Harmed or may have harmed a child
Possibly committed a criminal offence against or related to a child
Behaved towards a child in a way that indicated they may pose a risk of harm to children. (Previously “would” pose a risk of harm to children)
An emphasis that the school or college should consider an referral to the TRA when an allegation is substantiated and the person is dismissed or the employer ceases to use them, or they resign (para 234).

20. Action Points for Part 4:
Update the school or college Allegations Management procedure (usually laid out in the Safeguarding Policy) to include reference to ‘unfounded’
Update the procedure to also include the change to the 3rd threshold for Educational settings (‘would’ to ‘may’)
Please also update the Local Authority Designated Officer (LADO) details to Nigel Hatten, GSCB,

21. Part 5 – Child on Child Sexual Violence and Sexual Harassment – What’s New?
Part 5 focusses on managing reports of child on child sexual violence and sexual harassment
It refers to DfE guidance which was issued on 14th December and updated in May 18; Sexual Violence and sexual harassment between children in schools and colleges DFE This new Part 5 of KCSiE 18 should be read in conjunction with the DfE previously published guidance.
Part 5 includes guidance on how to respond to reports of sexual violence and sexual harassment; including effective safeguarding practice and principles for schools and colleges to consider in their decision-making process, how to assess risk, what to consider and processes to be followed, including referrals to Children’s Social Care and the Police.

22. Action Points for Part 5:
Update the Safeguarding Policy and any related Policies (Behaviour policy) to ensure that they refer to part 5 in relation to child on child sexual violence and sexual harassment including details on how to act on this and how to refer to Police and Children’s Social Care.
The GSCB recommends that all leaders in educational settings and all staff read the new Part 5.

23. Annexes – What’s changing?
Annex A is redesigned and contains additional information about specific forms of abuse and safeguarding issues e.g.;
Children and the Court System
CME
Children with family members in prison
CSE
Child Criminal Exploitation – County Lines (Dangerous Drugs Networks) DA
Homelessness
Honour-Based Violence
Radicalisation
Peer on peer abuse
Sexual Violence and Sexual Harassment between children

24. Annexes – What’s changing?
Annex B still contains the details on the role of the DSL. Not many changes but it does set out the importance of the DSL understanding the unique risks associated with online safety and that the DSL must be confident that they have the relevant knowledge and up to date capability required to keep children safe on-line.
The DSL must also be able to recognise the additional risks that children with SEND face on-line e.g. bullying, grooming and radicalisation.

25. Annexes – What’s changing?
Annex C - still focusses on on-line safety but contains a useful new section on resources for opportunities to teach safeguarding - use these in conjunction with the PinK Curriculum
Annex E – focusses on Host Families including Home Stays during exchange visits. Emphasises (but doesn’t change) that where a school organises a home stay or exchange, it should consider what intelligence and /or information will best inform its assessment of the suitability of an adult and the families where the child will stay.

26. Action Points for Annexes:
Schools and College leaders and those staff who work directly with children should read Annex A.
Consider whether the DSL (and any DDSLs) are confident that they have the relevant knowledge and that they are confident in supporting pupils with SEND while on-line.

27. Practical Advice:
Inform your Governing Body or Management Committee about the changes and how the setting is going to act upon them. Request an extraordinary meeting at which updated policies may be signed off.
Ensure that you take advantage of GSCB changes already completed for you: Bullet points of issues to be included in the Safeguarding Policy (DSL Handbook on the GSCB website), updated Safeguarding Induction for new staff and updated DSL Job Description (GSCB website education pages ).
Ensure your DSL attends one of the DSL Forums in October/November
Ensure your school completes the Section 175 audit which is due out in October and in which you will be audited on the new Statutory Guidance.

28. Questions?