Department for Education publishes Keeping Children Safe in Education 2024

On 24 May 2024, the Department for Education (DfE) published an updated version of its statutory safeguarding guidance for schools and colleges, for information purposes only. The newest edition of Keeping Children Safe in Education (KCSIE) is set to come into effect on 1 September 2024. At present, KCSIE 2023 remains in place until 31 August 2024. In this article we highlight the proposed changes to be implemented by KCSIE 2024 and the steps we recommend schools and colleges take to prepare. 

Background

KCSIE is statutory guidance produced by the DfE under Section 175 of the Education Act 2002. The guidance sets out legal duties that all schools, colleges, and other institutions within England and Wales must adhere to when performing their duties to safeguard and promote the welfare of pupils/ students under the age of eighteen. For the purposes of the guidance and this article, these pupils/ students are characterised as children.

This guidance helps underline the safeguarding responsibilities of all those working in schools and colleges with children and highlights that maintaining a safe and supportive learning environment is everyone’s responsibility within a school and college. The guidance covers topics such as the processes for reporting concerns about the welfare of a child; managing safeguarding concerns/ allegations about staff; “safe recruitment” practices; and managing/ reporting child-on-child sexual violence and harassment.

KCSIE 2024

Currently, the amendments proposed to come in to effect in KCSIE 2024 include:

·         The definition of “safeguarding and promoting the welfare of children” has been amended to reflect the definition in the updated ‘Working together to safeguard children 2023’ (Working Together) which is:

o   “providing help and support to meet the needs of children as soon as problems emerge;

o   protecting children from maltreatment, whether that is within or outside the home, including online;

o   preventing impairment of children’s mental and physical health or development;

o   ensuring that children grow up in circumstances consistent with the provision of safe and effective care;

o   promoting the upbringing of children with their birth parents, or otherwise their family network through a kinship care arrangement, whenever possible and where this is in the best interests of the children;

o   taking action to enable all children to have the best outcomes in line with the outcomes set out in the Children’s Social Care National Framework.”

·         The definition of ‘Early help’ has also been amended to reflect the revised Working Together guidance;

·         The ‘Abuse and Neglect’ heading has been expanded to include ‘Exploitation’;

·         The ‘Indicators of Abuse and neglect’ now also includes additional text to state ‘including where they see, hear, or experience its effects’ when referring to experiencing domestic violence;

·         Under ‘Safeguarding Issues’ the meaning of ‘deliberately missing education’ has been amended to reflect revised definition of ‘unexplainable and or/persistent absences from education’.

·         A new section has been added ‘Data Protection Act 2018 and UK GDPR’ highlighting schools and colleges obligations to comply with the data protection legislation and DfE data protection guidance for schools, as well as signposting to the ICO website, for further information and guidance.

·         Under ‘Alternative Provision’ text has been added to clarify that a school remains responsible for the pupils they place in alternative provision;

·         Links have been added to NSPCC advice on protecting children with SEN and deaf/disabled children and young people;

·         In respect of ‘Children who are lesbian, gay, bisexual, or questioning their gender’ a disclaimer has been added, as well as further clarification to assist with complying with gender questioning children guidance terminology;

·         Under ‘Children and the court system’ two separate age-appropriate guides for schools to support children in the court system are now included;

·         In the section relating to ‘Preventing radicalisation’ a disclaimer has been added, alongside minimal changes to clarify schools’ duties in relation to Prevent;

·         In relation to ‘Holding and sharing information’ further guidance added regarding the rationale for making decisions.

Practical Tips for Complying with KCSIE 2024

 Schools and colleges are advised to complete their own compliance audit, with the revised KCSIE 2024, ahead of its implementation. Whilst the above does not represent wholesale changes and/or a significant departure from the position in KCSIE in 2023, even subtle changes of definition can have an impact on the obligations on schools and colleges and the processes adopted to safeguard and support children.

Similarly, the above provides indication of the DfE’s commitment to ensure compliant data protection practices across educational organisations. For schools considering their compliance with the data protection legislation, this update provides a helpful prompt to kick-start those conversations and obtain further advice.