Need help with Education Law?
Speak to one of our Expert Education Lawyers.
Please note we do not offer legal aid for Education Law matters
Safeguarding in schools in England and Wales is a crucial aspect of ensuring the welfare, safety, and protection of children. The legal framework for safeguarding is extensive and is primarily guided by legislation, statutory guidance, and policies. Here are key legal aspects related to safeguarding in schools:
Children Act 1989 and 2004: The Children Act 1989 and its 2004 amendment emphasize the welfare of the child as the paramount consideration. Local authorities and schools have a duty to work together to safeguard and promote the welfare of children.
Education Act 2002: The Education Act 2002 empowers schools to take action to ensure the well-being of students. It includes provisions for maintaining a safe learning environment and procedures for handling allegations against staff.
Keeping Children Safe in Education (KCSIE): KCSIE is statutory guidance that sets out the legal duties for schools and colleges regarding safeguarding. It provides information on policies, procedures, and expectations for staff, governing bodies, and proprietors.
Prevent Duty: The Counter-Terrorism and Security Act 2015 includes the Prevent Duty, which requires schools to have due regard to preventing people from being drawn into terrorism. It involves identifying and addressing signs of radicalization.
Working Together to Safeguard Children: This statutory guidance outlines how organizations and individuals should work together to safeguard and promote the welfare of children. It emphasizes the importance of effective communication and cooperation.
Disclosure and Barring Service (DBS) Checks: The Safeguarding Vulnerable Groups Act 2006 and the Rehabilitation of Offenders Act 1974 regulate the use of criminal records checks for individuals working with children. Enhanced DBS checks are required for those in regulated activity.
Equality Act 2010: The Equality Act 2010 prohibits discrimination, harassment, and victimization based on protected characteristics. Schools must promote equality and foster an inclusive environment.
Data Protection: The General Data Protection Regulation (GDPR) and the Data Protection Act 2018 govern the processing of personal data, including information related to safeguarding. Schools must handle data in compliance with these regulations.
Local Safeguarding Children Boards (LSCBs): LSCBs coordinate and ensure the effectiveness of work to safeguard and promote the welfare of children in the local area. Schools are expected to cooperate with their LSCB.
Whistleblowing: The Public Interest Disclosure Act 1998 protects whistleblowers who raise concerns about malpractice, including safeguarding issues, in the workplace. Schools should have clear whistleblowing procedures.
Online Safety: Schools are expected to have policies and procedures in place to ensure the safety of children online. This includes measures to prevent cyberbullying and access to inappropriate content.
Health and Safety at Work Act 1974: Schools have responsibilities under health and safety legislation to provide a safe environment for students, staff, and visitors.
It’s essential to note that the legal landscape may evolve, and new guidance or legislation may be introduced. School staff, governors, and other relevant stakeholders must stay informed about current legal requirements and updates in safeguarding practices. Additionally, specific details may vary between England and Wales, and schools should refer to the latest guidance and legislation applicable to their jurisdiction. If you have concerns about a safeguarding issue at a school in England and Wales, it’s essential to follow the appropriate procedures to ensure that your concerns are addressed promptly and appropriately. Here are general steps you can take to challenge a safeguarding issue:
Immediate Action: If there is an immediate risk to a child’s safety, contact the police or emergency services without delay.
Speak to the School Safeguarding Lead: The school will have a designated Safeguarding Lead or a similar role responsible for handling safeguarding concerns. Schedule a meeting with this person to discuss your concerns. They are typically the first point of contact for safeguarding issues within the school.
Document Your Concerns: Before meeting with the Safeguarding Lead, document your concerns in writing. Include details such as specific incidents, dates, times, and any individuals involved. This documentation can be useful in providing a clear account of your concerns.
Meeting with the Safeguarding Lead: During the meeting, share your concerns with the Safeguarding Lead. They will listen to your information and, if necessary, take immediate action to ensure the safety of the child. This may involve initiating an internal investigation.
Follow School Procedures: Familiarize yourself with the school’s safeguarding policies and procedures. Ensure that the school follows its own protocols for handling safeguarding concerns.
Request a Copy of the School’s Safeguarding Policy: If you are not already familiar with it, request a copy of the school’s safeguarding policy. This document outlines the procedures in place for addressing safeguarding concerns and provides information on reporting mechanisms.
Contact the Local Authority Designated Officer (LADO): If you are dissatisfied with the school’s response or if you believe the matter requires further investigation, you can contact the Local Authority Designated Officer (LADO). The LADO is responsible for overseeing allegations against people who work with children.
Whistleblowing: If your concerns are not adequately addressed by the school, consider using the school’s whistleblowing procedure if it has one. Whistleblowing allows you to report concerns about wrongdoing or risks to the safety and well-being of children.
Seek Legal Advice: If you believe that the safeguarding issue is not being handled appropriately, you may want to seek legal advice. A solicitor with expertise in education law can provide guidance on your rights and options.
Contact Ofsted or Estyn: In England, contact Ofsted (Office for Standards in Education, Children’s Services and Skills), and in Wales, contact Estyn (Her Majesty’s Inspectorate for Education and Training in Wales). They are responsible for inspecting and regulating schools and can investigate concerns about a school’s safeguarding practices.
Remember that the steps and procedures may vary between schools, and it’s crucial to follow the specific policies of the school in question. If you are unsure about the appropriate steps to take, you can seek guidance from local authorities, the school itself, or a legal professional specializing in education law.
For more information on any dispute you might have with safeguarding at school, please contact the team on 0121 726 9999 or Contact us
