In what has now become an annual event the DfE has once again issued a new version of Keeping Children Safe in Education (KCSIE) for implementation from 1 September 2024. Although the changes this year are described as “technical” largely in order to bring KCSIE in line with the 2023 Working Together to Safeguard Children guidance it is likely that there will be significant changes for 2025 with perhaps an entire new document to replace KCSIE as we currently know it, following the call for evidence, which closed on 20 June 2024, with further consultation to come.
The substantive changes
So turning to the main changes for September 2024; it is only Parts One, Two and Five which have been amended:
Part One – Safeguarding information for all staff
The definition of “safeguarding and promoting the welfare of children” is amended to reflect the updated Working Together to Safeguard Children 2023 to include:
- 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 the 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.
Early Help: an additional bullet point has been added to paragraph 18 to include children who have experienced multiple suspensions, are at risk of being permanently excluded. This again reflects the revised Working Together guidance.
Abuse and neglect: the 2024 guidance amends the heading to “Abuse, neglect and exploitation” and uses that terminology throughout. It is not a major change but policies should reflect this amended wording & staff alerted through training to this amendment.
Paragraph 24 now also makes specific reference to children witnessing ill treatment of others particularly with reference to domestic abuse “including where they see, hear or experience its effects”. It is well documented that witnessing domestic abuse can lead to deep trauma and mental health issues in children.
Safeguarding issues: deliberately missing education is replaced with “unexplainable and or/persistent absences from education” as one of the issues that all staff should have an awareness of and be ready to act upon.
Part Two – The management of safeguarding
Governing bodies and academy trusts have a strategic leadership responsibility for their schools’ safeguarding arrangements and must ensure that they comply with their duties in accordance with the legislation. To this end they will need to be aware and take action to ensure that the following amendments are recognised and complied with.
Data Protection Act 2018 and the UK GDPR: Paragraph 93 added to comply with DPA/UK GDPR requirements – references the DfE Data Protection guidance for schools which aims to assist staff/governors/trustees with their understanding of how to comply with data protection law and improve data policies, to include protecting personal information, keeping the same safe and secure, providing access to official information and good practice for preventing personal data breaches.
Alternative Provision: although it has always been the case it is now formally recognised and recorded at paragraph 171 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.
Children who are lesbian, gay, bisexual or gender questioning: this update found in paragraphs 205 – 209 was to be expected following the release of the Cass review report. The main thrust of these paragraphs is that schools exercise caution due to the many unknowns about the impact of social transitioning and need to consider the broad range of needs that the child may have, to include complex mental health and psychosocial needs, and in some cases additional diagnoses of autism spectrum disorder and/or attention deficit hyperactivity disorder. Schools are advised to work in partnership with parents “other than in the exceptionally rare circumstances where involving parents would constitute a significant risk of harm to the child”.
This section of KCSIE is caveated to make it clear that “this section remains under review, pending the outcome of the gender questioning children guidance consultation, and final gender questioning guidance documents being published”.
Part Five – Child-on-child sexual violence and sexual harassment
In the general scheme of things this may be viewed as a minor change:
Early help: the text of paragraph 497 is amended to reflect Working Together to Safeguard Children 2023. Early help is support for children of all ages that improves a family’s resilience and outcomes or reduces the chance of a problem getting worse. It is stressed that it is particularly important that the designated safeguarding lead (and their deputies) know what the local early help process is and how and where to access support.
Substantive changes made in Annex B and Annex C:
Children and the Court system: Two new age appropriate guides for children who are required to give evidence in criminal courts (5-11 year olds and 12-17 year olds) – previously CAFCASS guides for young people. The guides explain each step of the process, support and special measures that are available.
Preventing Radicalisation: ‘Note: This preventing radicalisation section remains under review, following the publication of a new definition of extremism on the 14 March 2024’ disclaimer added.
Holding and sharing information: more information is added to bullet point 3 in respect of the DSL’s ability to keep detailed written records which includes instances where referrals may have/have not been made to another agency, and the rationale for making such decisions.
Next steps
In light of these amendments it is advised that all schools and academy trusts update their policies and ensure all staff receive training.
The policy should include the necessary amendments; not every word of every change is required to be reflected in your policy, but your policy is designed to achieve strong safeguarding practice that reflects what happens on the ground.
Staff training is essential to ensure strong and positive safeguarding; all staff need to be updated about the changes to this year’s version of KCSIE, but consider how this can be done in a practical and engaging way.
It is for individual local governing bodies and the academy trust collectively to measure outcomes; by measuring and ensuring staff knowledge, remembering that knowledge and practice is the key not attendance or staff confirmation that they have read something. It is governing bodies and proprietors, (academy trusts), who have the ultimate responsibility for strategic leadership and safeguarding and promoting the welfare of children.
For assistance with all your Safeguarding and Child Protection issues please contact our team of specialist lawyers at schoolsupport@wslaw.co.uk or on 0345 070 7437.