Keeping Children Safe in Education 2018, came into force on the 3rd September 2018. The government had previously released a ‘for information’ version in May 2018. The final version has some additional information. In this video, specialist safeguarding consultant, Andrew Hall, explains what additions have been made to the original.
If you have not already done so, it will be useful to watch this video first: Keeping Children Safe in Education 2018 (For information)
When the final version of Keeping Children Safe in Education [DFE, 2018] was published and came into force on 3rd September 2018, a few additions had been made since the ‘For Information’ version published in May 2018. Everything included then remains, but there is additional information.
New legislation and guidance
A new version of Working Together to Safeguard Children was published in July 2018, to account for changes following the Children and Social Work Act 2017; and an update to the government’s guidance on Information Sharing, to account for the new Data Protection Act 2018, and the General Data Protection Regulation, often known as GDPR.
The new Keeping Children Safe in Education 2018 has therefore been updated to reflect this new legislation and guidance.
Transition from Local Safeguarding Children Boards (LSCBs)
One change from the Children and Social Work Act 2017 is the transition from Local Safeguarding Children Boards (LSCBs) to local safeguarding partnerships, so references have been changed to ‘three safeguarding partners’. One concern about the new legislation is that the safeguarding partners, the local authority, police, and clinical commissioning groups, did not include schools. The section in Working Together to Safeguard Children 2018 and Keeping Children Safe in Education 2018 says that schools must be fully engaged with the local safeguarding partnerships.
There is an interesting change in the language of Keeping Children Safe in Education 2018, is the change from ‘professionals’ to ‘practitioners’.
Independent Inquiry into Child Sexual Abuse
When the Independent Inquiry into Child Sexual Abuse began in 2014, organisations working with children were asked not to destroy records about sexual abuse that might be required by the inquiry. This new version of Keeping Children Safe in Education reminds organisations of this requirement.
General Data Protection Regulation (GDPR)
In May 2018, the General Data Protection Regulation (GDPR) came into force and along with the it, the Data Protection Act 2018 which superseded the previous version. Reference to this new legislation is included in this version of Keeping Children Safe in Education along with new guidance set out in Information Sharing (2018). Both these documents stress that neither GDPR or the Data Protection Act 2018 prevents or limits the sharing of information to keep children safe. Paragraph 77 sets out the “Special Category Personal Data,” which allows sharing information even without consent, in some circumstances.
Disqualification under the Childcare Act 2006
Changes to Disqualification under the Childcare Act 2006, as amended by the Childcare (Early Years Provision Free of Charge) (Extended Entitlement)(Amendment) Regulation 2018 have been made, following a consultation into Disqualification under the Childcare Act 2006. The new legislation came into force on 31st of August 2018.
In the recent past, staff providing child care could, in certain circumstances, be prohibited from working with children because of the convictions made by someone who lives in their household. This is no longer the case.
Disqualification by Association now only applies in domestic premises, not to schools. However, staff working in child care may still be disqualified because of offences committed by themselves. Relevant people include anyone working with children of reception age or younger and children between five and eight years old in an out of school setting (like breakfast clubs or afterschool care).
All staff must be aware their ‘relationships and associations’ (including online) may have a safeguarding implication
The guidance from Disqualification by Association 2006 (as amended) and Keeping Children Safe in Education 2018 says that schools should remind all staff, not just those working with under-8s, that their ‘relationships and associations’ (including online) may have an implication for the safeguarding of pupils, and if there are concerns about that, the school should be told. Schools should include this guidance in relevant policies and ensure that staff understand their duty. (For further information, see Disqualification by Association September 2018)
Relevant staff for childcare must self-declare that they are not disqualified, and schools should be wary of using standard pro-formas for this, as they may inadvertently ask for information they are not entitled to, under the Data Protection Act 2018. Legal advice ought be taken if using a written proforma. The guidance says that this information can be recorded on the Single Central Record or elsewhere.
As a result of the changes to Keeping Children Safe in Education 2018, schools should make sure they reference Information sharing and disqualification under the Child Care Act 2006 in their policies.
Watch the previous video: Keeping Children Safe in Education (Part 1)
Download the final version: Keeping Children Safe in Education (2018)