The management of safeguarding

The responsibility of governing bodies and proprietors


Governing bodies and proprietors must ensure that they comply with their duties under legislation. They must also have regard to this guidance to ensure that the policies, procedures and training in their schools or colleges are effective and comply with the law at all times.

  • Section 175 Education Act 2002 and the Education (Independent School Standards) (England) Regulations 2010, made under section 157 Education Act 2002. Colleges, non-maintained special schools and independent schools: the definition of ‘children’ applies to the statutory responsibilities for safeguarding and promoting the welfare of children i.e., those under 18. 
     
  • Where a child has more complex needs, help may be provided under section 17 of the Children Act 1989 (children in need). Where there are child protection concerns local authority services must make enquiries and decide if any action must be taken under section 47 of the Children Act 1989. 

 

  • Applied to the management committee of pupil referral units through paragraph 20B of Schedule 1 to the Education (Pupil Referral Units) (Application of Enactment) (England) Regulations 2007. The relevant partners include maintained schools, non-maintained special schools, academies and free schools and colleges, which are under a duty to co-operate with the local authority in the making of such arrangements. The arrangements made by local authorities under section 10 may extend to other types of independent and non-maintained schools (i.e., other than academies and free schools) as such schools engage in activities relating to children. 
     

Inter - agency working


Governing bodies and proprietors should ensure that the school or college contributes to inter-agency working in line with statutory guidance Working Together to Safeguard Children 2015. This includes providing a co-ordinated offer of early help when additional needs of children are identified and contributing to inter-agency plans to provide additional support to children subject to child protection plans. All schools and colleges should allow access for children’s social care from the host local authority and, where appropriate, from a placing local authority, for that authority to conduct, or to consider whether to conduct, a section 17 or a section 47 assessment.

Governing bodies and proprietors of all schools and colleges should ensure that their safeguarding arrangements take into account the procedures and practice of the local authority as part of the inter-agency safeguarding procedures set up by the Local Safeguarding Children Board (LSCB). Section 10 of the Children Act 2004 requires a local authority to make arrangements to promote co-operation between itself and its relevant partners and other organisations who are engaged in activities relating to children. Under section 14B of the Children Act 2004 the LSCB can require a school or college to supply information in order to perform its functions; this must be complied with.

Governing bodies and proprietors should ensure a member of the governing body, usually the chair, is nominated to liaise with the local authority and/or partner agencies on issues of child protection and in the event of allegations of abuse made against the headteacher, the principal of a college or proprietor or member of governing body of an independent school. In the event of allegations of abuse being made against the headteacher and/or where the headteacher is also the sole proprietor of an independent school, allegations should be reported directly to the local authority.

Safeguarding policies


Governing bodies and proprietors should ensure there is an effective child protection policy in place together with a staff behaviour policy (code of conduct). Both should be provided to all staff – including temporary staff and volunteers – on induction. The child protection policy should describe procedures which are in accordance with government guidance and refer to locally agreed inter-agency procedures put in place by the LSCB, be updated annually, and be available publicly either via the school or college website or by other means.

Headteachers and principals should ensure that the policies and procedures adopted by governing bodies and proprietors, particularly concerning referrals of cases of suspected abuse and neglect, are followed by all staff.

The designated safeguarding lead


Governing bodies and proprietors should appoint a member of staff of the school’s or college’s leadership team to the role of designated safeguarding lead. This should be explicit in the role-holder’s job description. This person should have the appropriate authority and be given the time, funding, training, resources and support to provide advice and support to other staff on child welfare and child protection matters, to take part in strategy discussions and inter-agency meetings – and/or to support other staff to do so – and to contribute to the assessment of children.

The designated safeguarding lead should liaise with the local authority and work with other agencies in line with Working Together to Safeguard Children 2013. There should always be cover for this role.

If, at any point, there is a risk of immediate serious harm to a child a referral should be made to children’s social care immediately.

The designated safeguarding lead should undergo updated child protection training every two years. The headteacher and all staff members should undergo child protection training which is updated regularly, in line with advice from the LSCB.

Opportunities to teach safeguarding


Governing bodies and proprietors should consider how children may be taught about safeguarding, including online, through teaching and learning opportunities, as part of providing a broad and balanced curriculum. This may include covering relevant issues through personal, social health and economic education (PSHE), and/or – for maintained schools and colleges – through sex and relationship education (SRE). Also includes e safety.

Inspection


The assessment of the quality of leadership and management made during an Ofsted inspection includes an assessment of the effectiveness of the safeguarding arrangements in place in the school or college to ensure that there is safe recruitment and that all children are safe. The Ofsted handbook provides further information on what inspectors must do and what school and colleges can expect, and provides guidance for inspectors on making their judgements. Ofsted have also produced a handbook on the inspection of further education and skills. Inspections of independent schools will check that the Independent School Standard which concerns the welfare, health and safety of children is met.

Governing bodies and proprietors should prevent people who pose a risk of harm from working with children by adhering to statutory responsibilities to check staff who work with children, taking proportionate decisions on whether to ask for any checks beyond what is required; and ensuring volunteers are appropriately supervised. The school or college should have written recruitment and selection policies and procedures in place. The school staffing regulations require governing bodies of schools to ensure that at least one person on any appointment panel has undertaken safer recruitment training.

Governing bodies and proprietors should ensure there are procedures in place to handle allegations against members of staff and volunteers. Such allegations should be referred to the Local Authority Designated Officer (LADO). There must also be procedures in place to make a referral to the Disclosure and Barring Service (DBS) if a person in regulated activity has been dismissed or removed due to safeguarding concerns, or would have been had they not resigned. This is a legal duty and failure to refer when the criteria are met is a criminal offence.

Governing bodies and proprietors should also ensure that there are procedures in place to handle allegations against other children.

Governing bodies, proprietors and school or college leaders should ensure the child’s wishes or feelings are taken into account when determining what action to take and what services to provide to protect individual children through ensuring there are systems in place for children to express their views and give feedback. Governing bodies and proprietors should ensure that staff members do not agree confidentiality and always act in the interests of the child.

Looked after children


Governing bodies must appoint a designated teacher to promote the educational achievement of children who are looked after and to ensure that this person has appropriate training.

The most common reason for children becoming looked after is as a result of abuse and/or neglect. Governing bodies and proprietors should ensure that staff have the skills, knowledge and understanding necessary to keeping looked after children safe. In particular, they should ensure that appropriate staff have the information they need in relation to a child’s looked after legal status (whether they are looked after under voluntary arrangements with consent of parents or on an interim or full care order) and contact arrangements with birth parents or those with parental responsibility. They should also have information about the child’s care arrangements and the levels of authority delegated to the carer by the authority looking after him/her. The designated safeguarding lead, through the designated teacher6 for looked after children, should have details of the child’s social worker and the name of the virtual school head in the authority that looks after the child.

Missing children


A child going missing from education is a potential indicator of abuse and neglect. Governing bodies and proprietors should put in place appropriate safeguarding responses to children who go missing from education, particularly on repeat occasions, to help identify the risk of abuse and neglect including sexual abuse or exploitation and to help prevent the risks of their going missing in future.

The management of safeguarding: The responsibilities of governing bodies and proprietors.docx [Word] (file size 16.97 KB)

 

Worried about a child or young person?


If you want to report any abuse or discuss concerns in relation to children and young people please contact:

Hammersmith & Fulham - tel: 020 8753 6610 
Kensington and Chelsea - [email protected] or tel: 020 7361 3013 
Westminster - [email protected] or tel: 020 7641 4000 

In an emergency call the police on 999.