keeping children safe in education update - hr and employment conference for school leaders 2016

HR conference for school leadersKeeping children safe in education update

Keeping children safe in education updateKey changes in September guidance

Tom Wallace, HR Consultant, Browne Jacobson LLP11 October 2016

What we will cover:

•safeguarding - keeping children safe in education update

•Single Central Record

•top tips and pitfalls to avoid

•questions.

Safeguarding• Area of growing responsibility.

• Higher expectation.

• Ofsted/ISI focus.

• Amended guidance for September 2016.

Background

Background• The new keeping children safe in education statutory

guidance document came into force on 5 September 2016 and will replace the July 2015 Document.

• Applies to all schools.

• A number of key changes – will need to update your SCR and Policies.

Key updates

Section 128 Direction• A section 128 direction prohibits or restricts a person

from taking part in the management of an independent school, academies or free schools.

• If an individual is prohibited, they are unable to participate in any management of an independent school, academy or free school.

• Where the person will be engaging in regulated activity, a DBS barred list check will also identify any section 128 direction.

Overseas Checks – EEA Sanction/Restriction• Schools and colleges must make any further checks they

think appropriate so that any relevant events that occurred outside the UK can be considered.

• Does not prevent a person from taking up a teaching position – must consider circumstances that led to the restriction or sanction. Similar approach to DBS conviction.

• Use: https://teacherservices.education.gov.uk/.

• Add to your SCR.

EEA Sanction and Prohibition Check

• The DfE have advised that these checks should be completed for any posts a qualified teacher is applying for even if these are support staff roles.

• The NCTL teacher services system is available to all schools for this reason and although it is not a statutory requirement, it remains a good tool for schools to use when recruiting members of staff.

Section 128 Direction• Add to your SCR.

• Applies to those in management roles.

• A person who is prohibited is unable to participate in any management position – includes Board Members, Trustees and governors.

• Barred list check will identify a section 128 check – separate check would only be applicable for those in management roles who do not require a DBS barred list check.

Is it possible to print the SCR now?

The DSLExpanded role under new KCS. This now includes:

• DSL must be a senior staff member and part of SLT• deputies can be appointed and should be trained to

DSL standard• lead on channel referrals• support staff who make direct referral to social

care/channel• responsible for transferring safeguarding file to new

school.

The DSL - training• Prevent awareness training a requirement.

• General training expectation increased – as well as formal training (still every two years), knowledge should be updated (e.g. e-bulletins, meeting other DSLs, taking time to read/digest developments) at regular intervals but at least annually.

• Same training updates expected for all staff – Use Browne Jacobson Resources - www.brownejacobson.com/education.

Governors• “Governors in maintained schools are required to have an

enhanced criminal records certificate from the DBS. It is the responsibility of the governing body to apply for the certificate for any of their governors who does not already have one. Governance is not a regulated activity and so they do not need a barred list check unless, in addition to their governance duties, they also engage in regulated activity.”

• For further guidance on DBS checks for governors please see: www.brownejacobson.com/education/training-and-resources/legal-updates/2016/06/safeguarding-checks-on-academy-governors

Referrals to the LAKey paragraph:24• ‘Encourages’ schools to press children’s services if referrals are not having an

impact

• It says:“If after a referral the child’s situation does not appear to be improving the designated safeguarding lead (or the person that made the referral) should press for reconsideration to ensure their concerns have been addressed and, most importantly, that the child’s situation improves.”

SCR and policies

SCR – ReminderWho needs to be on the SCR:• all teaching and support staff• all other workers with regular contact with children (3

or more occasions in a 30 day period• agency staff and contractors• students on work related learning (placements of 15

days or more)• students on regular community work ( e.g. running a

football club).

SCR – essential headings from September 2016• Identity• Qualifications• DBS and Barred List• Right to work• Overseas Checks and EEA sanction Check• Prohibition Order• Section 128

SCR – Good practice headings• Disqualification briefing/declaration - “Inspectors are not

expected to make enquiries as to whether anybody on a school’s staff is disqualified. However, inspectors should ask what steps the school is taking to ensure that it knows that no existing or new staff working in the early or later years, or concerned with the management of such provision, are disqualified.”

• Medical clearance

• References

SCR – ‘Top Tips’• No blanks

• DBS checks do not need to be re-done every three years if no break in service or significant change in roles

Policies and template documents• Update your offer letter/contract to include the above

checks as pre-conditions of the offer

• Child Protection Policy - ensure you have wording around peer on peer abuse and an explicit mention of ‘sexting’

• Governing Bodies should ensure appropriate ICT monitors and filters are in place and to ‘avoid over-blocking.’

• Use Browne Jacobson education team

Social media

Social media risks• At least 959 allegations made between 2008 and 2013

• 254 led to criminal charges

• Numerous reported convictions in last 6 months or so

• Social media is a serious risk factor

What is your policy on social media use?Safeguarding policies34. Governing policies and proprietors should ensure there is an effective

protection policy in place together with a staff behaviour policy (sometimes called the code of conduct) which should amongst other things, include staff / pupil relationships and communications, including the use of social media. 11

11. When drafting staff behaviour policy, schools and colleges should bear in mind the offence under section 16 of The Sexual Offences Act 2003, which provides that it is an offence for a person aged 18 or over (e.g. teacher or youth worker to have a sexual relationship with a child under 18 where that person is in a position of trust in respect of that child, even if the relationship is consensual. A situation where a person is in a position of trust could arise where the child is in full-time education and the person looks after children under 18 in the same establishment as the child, even if s/he does not teach the child.

Social media risks• Are you confident that staff do not have social media

contact/relationships with students?

• How do you enforce the policy?

• How can you influence them about social media presence generally?

Social networking – profile pictures

What do they say about your staff/school?

Social networking• Staff profile pictures

• Staff posts

• Open privacy settings

• Posting and tagging by friends

• Your online comments

Any questions?

Further information www.brownejacobson.com/education

Contact us

Tom Wallace020 7871 8513tom.wallace@brownejacobson.comwww.brownejacobson.com/education

Please noteThe information contained in these notes is based on the position at March 2016 . It does, of course, only represent a summary of the subject matter covered and is not intended to be a substitute for detailed advice. If you would like to discuss any of the matters covered in further detail, our team would be happy to do so.

© Browne Jacobson LLP 2016. Browne Jacobson LLP is a limited liability partnership.