Keeping Children Safe in Education (2018)

Keeping Children Safe in Education (2018)
The Government has concluded its consultation on proposed changes to the statutory guidance for Keeping Children Safe in Education.  The new Statutory Guidance has been published for information only as the revised guidance will commence 3 September 2018 and until then schools and colleges must continue to have regard to the KCSIE 2016.  Full details can be found at:
Below we highlight some of the changes, with particular relevance to online safety:
The guidance sets out what schools and colleges in England must have regard to when carrying out their duties to safeguard and promote the welfare of children and young people under the age of 18.
Page 3 clarifies the difference between the words “must” and “should”.  “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”.
Specific Safeguarding Issues
Para 50, p. 15 (Updated to reflect sexual violence and sexual harassment).
“All staff should be aware that safeguarding issues can manifest themselves via peer on peer abuse. This is most likely to include, but may not be limited to:

  • bullying (including cyber bullying);
  • physical abuse such as hitting, kicking, shaking, biting, hair pulling, or otherwise causing physical harm;
  • sexual violence and sexual harassment;
  • sexting (also known as youth produced sexual imagery); and
  • initiation/hazing type violence and rituals.”

Opportunities to teach safeguarding p.21 – (Clarified to make clear that safeguarding includes online safety.)
“80. Governing bodies and proprietors should ensure that children are taught about safeguarding, including online safety.  Schools should consider this as part of providing a broad and balanced curriculum.”
Peer on Peer Abuse, para 90, p. 22-23 (Updated to reflect the importance of policies reflecting peer on peer abuse).
“90.  Governing bodies and proprietors should ensure that their child protection policy includes:

  • procedures to minimise the risk of peer on peer abuse;
  • how allegations of peer on peer abuse will be recorded, investigated and dealt with;
  • clear processes as to how victims, perpetrators and any other child affected by peer on peer abuse will be supported;
  • a clear statement that abuse is abuse and should never be tolerated or passed off as “banter”, “just having a laugh” or “part of growing up”;
  • recognition of the gendered nature of peer on peer abuse (i.e. that it is more likely that girls will be victims and boys perpetrators), but that all peer on peer abuse is unacceptable and will be taken seriously; and
  • the different forms peer on peer abuse can take, such as:
  • sexual violence and sexual harassment. Part 5 of this guidance sets out how schools and colleges should respond to reports of sexual violence and sexual harassment; physical abuse such as hitting, kicking, shaking, biting, hair pulling, or otherwise causing physical harm;
  • sexting (also known as youth produced sexual imagery): the policy should include the school or college’s approach to it. The department provides searching screening and confiscation advice for schools. The UK Council for Child Internet Safety (UKCCIS) Education Group has published advice for schools and colleges on responding to sexting incidents; and initiation/hazing type violence and rituals.”

Part 5 Child on Child Sexual Violence and Sexual Harassment – See Paras 235-257 on pages 62-74 for new guidance on how schools should respond to reports of child on child sexual violence and sexual harassment.
Preventing radicalisation Annex A. p 82  (re-drafted to focus on what staff should be doing)
“There is no single way of identifying whether a child is likely to be susceptible to an extremist ideology. Background factors combined with specific influences such as family and friends may contribute to a child’s vulnerability. Similarly, radicalisation can occur through many different methods (such as social media) and settings (such as the internet).“
Peer on peer abuse Annex A. p 83 (Contains new information)
“Children can abuse other children. This is generally referred to as peer on peer abuse and can take many forms. This can include (but is not limited to) bullying (including cyberbullying); sexual violence and sexual harassment; physical abuse such as hitting, kicking, shaking, biting, hair pulling, or otherwise causing physical harm; sexting and initiating/hazing type violence and rituals.”
Sexual Harrassment Annex A, p. 85  (Contains new information)
“Whilst not intended to be an exhaustive list, sexual harassment can include: … online sexual harassment. This may be standalone, or part of a wider pattern of sexual harassment and/or sexual violence.  It may include:

  • non-consensual sharing of sexual images and videos;
  • sexualised online bullying;
  • unwanted sexual comments and messages, including, on social media; and
  • sexual exploitation; coercion and threats”

Annex B:  Role of the Designated Safeguarding Lead  (Added information on online safety and SEND)
Training p.90 (The DSL should undertake training so that they):
“understand and support the school or college with regards to the requirements of the Prevent duty and are able to provide advice and support to staff on protecting children from the risk of radicalisation;

  • are able to understand the unique risks associated with online safety and be confident that they have the relevant knowledge and up to date capability required to keep children safe whilst they are online at school or college;
  • can recognise the additional risks that children with SEN and disabilities (SEND) face online, for example, from online bullying, grooming and radicalisation and are confident they have the capability to support SEND children to stay safe online;”

Annex C: Online safety (Updated to provide more information and llinks to additional support).
“The use of technology has become a significant component of many safeguarding issues. Child sexual exploitation; radicalisation; sexual predation: technology often provides the platform that facilitates harm. An effective approach to online safety empowers a school or college to protect and educate the whole school or college community in their use of technology and establishes mechanisms to identify, intervene in and escalate any incident where appropriate.  The breadth of issues classified within online safety is considerable, but can be categorised into three areas of risk:

  • content: being exposed to illegal, inappropriate or harmful material; for example pornography, fake news, racist or radical and extremist views;
  • contact: being subjected to harmful online interaction with other users; for example commercial advertising as well as adults posing as children or young adults; and
  • conduct: personal online behaviour that increases the likelihood of, or causes, harm; for example making, sending and receiving explicit images, or online bullying.”

Filters and Monitoring – p. 93
“Whilst filtering and monitoring are an important part of the online safety picture for schools and colleges to consider, it is only one part. Governors and proprietors should consider a whole school approach to online safety. This will include a clear policy on the use of mobile technology in the school. Many children have unlimited and unrestricted access to the internet via 3G and 4G in particular and the school and college should carefully consider how this is managed on their premises. Whilst it is essential that governing bodies and proprietors ensure that appropriate filters and monitoring systems are in place, they should be careful that “over blocking” does not lead to unreasonable restrictions as to what children can be taught with regard to online teaching and safeguarding.”
Reviewing online safety p.93
“Technology in this area evolves and changes rapidly. A free online safety self
-review tool for schools can be found via the 360 safe website. UKCCIS have recently published Online safety in schools and colleges: Questions for the governing board”
Staff training p. 93-94
“Governors and proprietors should ensure that, as part of the requirement for staff to undergo regularly updated safeguarding training (paragraph 76) and the requirement to ensure children are taught about safeguarding, including online (paragraph 80), that online safety training for staff is integrated, aligned and considered as part of the overarching safeguarding approach.”
The copyright in these extracts belongs to the Crown and Crown copyright information is reproduced with the permission of the Controller of HMSO and the Queen’s Printer for Scotland.

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