Have you implemented the 2023 changes to Keeping Children Safe in Education (KCSIE)?

With the latest version of KCSIE coming into force on 1 September 2023, schools and colleges must ensure they are familiar with and are implementing the changes.

The updated guidance includes advice on the DfE’s new standards on filtering and monitoring, the use of school sites by external organisations, forced marriages, children absent from education, and the need for all staff to be continually vigilant for potential safeguarding issues.

Filtering and monitoring

A key change is outlined in paragraphs 141 to 143, relating to the implementation of the DfE’s newly published standards for filtering and monitoring. The importance of all staff having an understanding of filtering and monitoring processes and how to escalate concerns is emphasised, while the Designated Safeguarding Lead (DSL) is identified as needing to have lead responsibility for online safety and understanding the filtering and monitoring systems and processes in place.

With this updated guidance comes a more proactive approach, encouraging proprietors/governing bodies to actively engage with IT staff to ensure safeguarding standards are met through the implementation of appropriate filtering and monitoring systems.

KCSIE 2023 also explicitly references the cyber security standards contained within the filtering and monitoring standards.

Children who are absent from education and children who are missing education

At paragraph 175, schools and colleges are reminded that a child being absent from school regularly or for prolonged periods may be the result of neglect or child exploitation, criminal or sexual. The importance is stressed of schools and colleges realising and responding to early signs of child absenteeism (particularly on repeat occasions and/or for prolonged periods) in a way that reduces the risk of them becoming a child missing education in future. Useful further information sources are listed, including a link to the DfE’s ‘Working together to improve school attendance’.

In Annex B, the potential reasons for a child being absent from education or a child missing education are reiterated, while other possible driving factors – such as mental health issues, substance abuse and so-called ‘honour’-based abuse – are also listed. Staff at schools and colleges are urged to make themselves aware of their employer’s unauthorised absence procedures and to intervene early if there is a potential safeguarding risk.

Use of school sites by outside organisations or individuals for non-school activities

Occasionally, premises belonging to schools and colleges are used for running extracurricular activities for children. Paragraph 166 clarifies that, where this is the case, governing bodies are advised to ensure that the external organisation has appropriate safeguarding arrangements in place. For guidance on what to expect from these external organisations in terms of protective measures, governing bodies are directed to ‘Keeping children safe in out-of-school settings’.

In addition, a paragraph has been added at point 377 to clarify what schools and colleges should do if they receive allegations against an external individual or organisation who was running one of these non-school-related activities. The guidance is that they should follow their usual safeguarding procedures and inform the Local Authority Designated Officer (LADO). Governing bodies may also wish to check that their hiring policies and lettings contracts reflect the requirements of KCSIE and more broadly, in relation to safeguarding considerations of hire.

Forced marriage

A note has been added with regard to forced marriage, citing the February 2023 law change that criminalised any conduct with the purpose of causing a child to marry before their 18th birthday. This is the case even if there is an absence of violence, threats or any other forms of coercion, and applies to legal marriages as well as non-binding, unofficial ‘marriages’.

Additionally, a new reference to multi-agency practice principles is included in Annex B in relation to child exploitation.

Ongoing vigilance

Paragraphs 342 to 343 now explicitly extend the need for ongoing vigilance to all staff and emphasise the importance of a culture that considers child safeguarding concerns both inside and outside education/the workplace, including online.

Safer recruitment

Introduced in the 2022 KCSIE, paragraph 221 asks schools and colleges to consider conducting online searches for shortlisted candidates. It now clarifies that it is good practice for the school or college to let shortlisted candidates know an online search may be carried out against their name as part of due diligence checks.

Retention of documents

Paragraph 276 has been amended to give clarity on which documents should be kept on a personnel file to verify a successful candidate’s identity and qualifications, and to make it clear that a copy of a DBS certificate does not need to be held on file.

Paragraph 277 signposts further information on the handling of DBS information.

What actions do schools need to take?

Review relevant training materials, job descriptions, policies, and external lettings/hire contracts to ensure that they are in line with the updated version of KCSIE by 1 September 2023.  Stone King’s dedicated safeguarding team includes education, employment and information law specialists who can assist you with policies and procedures. Please get in touch with Charlotte Melhuish or your usual Stone King contact for further information.