The finalised version of Keeping Children Safe in Education 2024 was released on September 2nd. There are very few changes from the draft version issued in May. Equally, there are few changes from KCSIE 2023. This is because big changes are planned for 2025. Indeed, we have already had the consultation for that document.
Even though the changes are relatively minor, there are still a number of things that schools need to note and reflect in their policies and training.
Key themes
Throughout the document the pairing of children at risk of abuse and neglect has become a triad of abuse, neglect and exploitation. Additionally, there is a focus on the fact abuse could happen ‘within or outside the home, including online’. This is a clear recognition of the risks identified in the Contextual Safeguarding Approach and a move beyond the working assumption that if a child is safe at home and at school, they must be safe. This gives increased weighting to concerns occurring outside the home and recognises that our children exist in both the real and virtual worlds and face risks of harm in both.
New definitions
The definition of safeguarding has been changed to make it more reflective, though not identical to that included in the new Working Together to Safeguard Children Guidance issued in December 2023. The KCSIE definition is:
Safeguarding is
• providing help and support to meet the needs of children as soon as problems emerge.
• protecting children from maltreatment, whether that is within or outside the home, including online.
• preventing impairment of children’s mental and physical health or development
• ensuring that children grow up in circumstances consistent with the provision of safe and effective care.
• taking action to enable all children to have the best outcomes (para 3).
(The new wording is in red)
Further changes include:
The triggers for Early Help in para 18 have now been changed to include:
· “is frequently missing/goes missing from education, home or care.” The language reflects the new School Attendance Guidance.
· “has experienced multiple suspensions, is at risk of being permanently excluded from schools, colleges and in Alternative Provision or a Pupil Referral Unit.” It is notable that elsewhere in the document, there is renewed emphasis on schools’ responsibility to have oversight of the safeguarding of any pupils attending Alternative provision.
· “has a parent or carer in custody.”
The language around children missing education is now “unexplainable and/or persistent absences from education” (para 29). This is a slight change in focus from “deliberately missing education.” Hopefully, this will support conversations with parents around non-attendance at school.
Sections under Review
There are still two sections of the guidance marked as being under review. This suggests that there may be a further update to KCSIE during the school year as these issues are ironed out. Both sections are related to areas of contention between the previous and present governments.
1. Support for lesbian, gay, bisexual or gender questioning children (para 206-208).
This area is under review pending the outcomes of the controversial gender questioning children consultation that closed in December 2023. In the meantime, the term ‘bi’ is replaced with bisexual and the term ‘trans’ is removed.
The Cass Review recommended caution in this area where there are still so many unknowns about the impact of social transition for gender questioning children and the links with mental health and other needs and diagnosis. The recommendations are that parents should be encouraged to seek clinical support for their children. Further schools should work with parents (other than in the exceptionally rare circumstances where involving parents would constitute a significant risk of harm to the child).
The term ‘provide a safe space’ has been replaced with ‘create a culture’ where young people can speak out or share their concerns with staff.
2. Prevent and the definition of extremism. (Annexe B)
In March 2024, Michael Gove, in his role as Uplevelling Secretary, declared a new definition of extremism. The legal status of this definition is questionable as statutory guidance cannot be changed by proclamation in Parliament. Also it was a change to the updated PREVENT Guidance that came into force on 31st December 2023.
The ‘Gove’ definition was included in the draft version of KCSIE 2024. It has not been included in the final version of the document, though as the section is still under review, there may be other changes made to it. These might include a response to the extremism and social media misinformation that fostered the riots after the tragic deaths of three children in Southport this summer.
Other changes:
A reminder that the guidance applies to all children and everyone under the age of eighteen is a child (para 2).
In para 24 about indicators of abuse and neglect includes additional information about the impact of domestic abuse including where children ‘see, hear or experience its effects’.
Para 85 reminds those involved in the management of safeguarding, particularly school governors that schools/colleges’ duties under the Equality Act 2010 extends to staff as well as pupils. This is a change since the draft document in May.
Previous KSCIE described Elective Home Education (EHE) as “an overwhelmingly positive experience for children.” The guidance is now taking a less enthusiastic note and recognises both that these children may be less visible to outside agencies and may not be receiving an appropriate education (para 179).
The virtual school’s responsibility has been extended to include children in kinship placements (para 200).
In Annexe C on the role of the DSL, Skype has been re-added as a way DSLs may stay in contact! More usefully, the expectations on the keeping of detailed records has been clarified as a requirement to “be able to keep detailed, accurate, secure written records of all concerns, discussions and decisions made including the rationale for those decisions. This should include instances where referrals were or were not made to another agency such as LA children’s social care or the Prevent program etc.” (p176)
There are various changed links to resources and related guidance throughout the document.
Possible actions for schools
Check all policies and training refer to ‘abuse, neglect and exploitation’ and reflect this there are risk of harm ‘within or outside the home, including online’.
Change policy documents to reflect the new definition of safeguarding.
Ensure that “Where a school places a pupil with an alternative provision provider, it continues to be responsible for the safeguarding of that pupil and should be satisfied that the placement meets the pupil’s needs. “(para 171). This includes
o letters of assurance that the provision has carried out the appropriate safeguarding checks
o some form of checklist/ risk assessment that there is an appropriate match between the child’s needs and what the placement offers
o consideration of how the child’s safeguarding will be promoted while they are attending the setting. This may need to include the time they are not in the setting, if they are attending part-time.
Ensure that the school is aware of which pupils are in kinship placements and liaise with the virtual school for support for their education and learning.
Consider the school’s approach to supporting lesbian, gay, bisexual or gender questioning pupils, so that this is clear to all staff, parents and pupils and that it ensures that the ‘welfare of the child is paramount’ is the underlying principle for their approach.
Check the recording of the rationale for all safeguarding decisions is clear in your school’s safeguarding recording, including when and where decisions are made to refer or not refer cases to social care and/ or PREVENT.
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