Date updated: Friday 22nd December 2017

The DfE guidance ‘Sexual Violence and Sexual Harassment Between Children in Schools and Colleges’ (published 15th December 2017) is its response to the issue  we highlighted in our last edition. Some may feel that at around ten years since the first evidence of this problem emerged it is none too soon. It seeks to provide: ‘advice on what sexual violence and sexual harassment is, how to minimise the risk of it occurring and what to do when incidents occur, or are alleged to have occurred.’ This is interim guidance and will be incorporated in revisions to Keeping Children safe in Education.

The guidance stresses ‘it is for individual schools and colleges to develop their own policies and procedures’ to deal with the possible complexities. It references 12 other guidance documents that bear on the problem; a range of toolkits and sources of advice and support; and includes illustrative scenarios useful for staff training. The approach to sexual violence and harassment between children (defined as young people under 18) should be the same as for other child abuse: team-working with other agencies. This also applies to developing the curriculum and other ‘contextual safeguarding’ as the document describes it.

There is a brief, but crystal clear, exposition of the law. Crimes under the Sexual Offences Act 2003 are defined. Consent is explained. These explanatory materials should guide policies and teaching materials. Secondary schools pupils should probably be given them unmodified (one suspects most young people are unaware that no one under 13 can give legal consent to sexual activity). Where a criminal offence is alleged, a school should refer it to the police. This applies whether the reported offence occurs in school or outside school or online.

There is similar clarity on a school’s duties under the Equality Act 2010. The definition of harassment should form the basis for a school’s discipline policy and curriculum teaching on harassment. The definition leaves no doubt as to what harassment is. Schools are reminded that the Public Sector Equality Duty can be invoked where a school fails to protect children from harassment.

The priority is the care of children. This may include seeking help from children’s social care for alleged perpetrators as well as victims. Staff are expected to report and not to assume that ‘someone else is dealing with it.’ Parents and other agencies should be taken fully on board. There is clear, practical advice on confidentiality.

There should be a written risk assessment where assault is alleged. The wishes of the presumed victim should be the main consideration. Separation should be the response to the ‘Kept in the Same Class as her Rapist’ issue. This can include a managed move of the alleged perpetrator under the In Year Fair Access Protocol.

A school should apply its own disciplinary processes up to and including exclusion. This can be done while a police investigation is proceeding but there should be rigorous consideration as to whether that may prejudice the investigation.

The guidance runs to 35 pages and is still condensed. It should be read, and discussed, by those who may have to make decisions about alleged incidents. All staff should be made aware of the key points.