Have you implemented the changes to Keeping Children Safe in Education (KCSIE) for 2024?

The definition, which draws from (but does not repeat word for word) Working Together to Safeguard Children 2023,now reads as follows:

“Safeguarding and promoting the welfare of children is defined for the purposes of this guidance as:

• “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”.

The revised definition emphasises that children must be protected both inside and outside the home environment (including online), whilst highlighting the need for children to be supported as soon as problems emerge. 

KCSIE has moved away from the term “deliberately missing education” to “unexplainable and/or persistent absences from education”. This is reflective of the current climate in which there has been considerable recognition that unexplained and/or persistent absences should be perceived as safeguarding red flags (i.e. a warning sign of a range of safeguarding concerns including sexual abuse, sexual exploitation or child criminal exploitation). As an aside, in the context of managing absences, schools should ensure that they understand their obligations under the revised and now statutory guidance Working Together to Improve School Attendance 2024 and the new School Attendance (Pupil Registration) (England) Regulations 2024.

For a more in-depth look at the latter regulations, read Partner Richard Freeth’s article on ‘Working together to improve school attendance’.

The formerly named ‘Abuse and neglect’ section has been renamed ‘Abuse, neglect and exploitation’, serving as a reminder that abuse can occur both inside and outside of the home environment, including online. The language throughout KCSIE has also been updated to reflect this (see, for example, paragraphs 19, 66 and 202, and Annex A).

Paragraph 18 now expressly categorises “children who have experienced multiple suspensions or are at risk of being permanently excluded from schools, colleges and in Alternative Provision or a Pupil Referral Unit” as children who also may have a potential need for early help. KCSIE encourages schools to be particularly alert to the categories of children identified in paragraph 18, whilst noting that any child may benefit from early help.

Additional wording has been added to paragraph 24 to reflect that seeing, hearing and experiencing the effects of domestic abuse can negatively impact children. 

The newly inserted paragraph 93 refers schools to the DfE’s Information Sharing Advice for Safeguarding Practitioners May 2024 for more information on data protection compliance. Schools should familiarise themselves with that advice, which includes, amongst other things, the ‘Seven Golden Rules for Sharing Information’.

Paragraph 171 has been inserted to clarify/remind schools 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”.

New wording has been inserted at paragraphs 205 – 209 following the publication of the Cass Review, which, in summary, urges school to “take a cautious approach” and consider the “broad range of individual needs” when supporting a child who is gender questioning. The guidance further states that schools should “work in partnership with the child’s parents” in this context, other than in the “exceptionally rare circumstances” where this would constitute a significant risk of harm to the child.  [As explained in more detail in our articles ‘Stone King note on Gender Questioning Children Guidance’ and ‘What does the Government’s Gender Questioning Guidance mean for schools and colleges?’, published earlier this year, there are some concerns regarding the draft guidance, and we would therefore urge caution when dealing with these cases.]

It should be noted that the changes remain “under review”, pending the outcome of the consultation on gender questioning children guidance and publication of final gender questioning guidance documents. In the meantime, schools are advised to continue to carefully consider each case on an individual basis and take legal advice as needed. 

References to the UK Centre for Professional Qualifications at paragraph 286 have been removed, as this body no longer provides an advisory service on behalf of the Government in relation to regulated professions and recognition of professional qualifications. 

Annex B now refers schools to two age-appropriate guides for children aged 5-11 and 12-17  who are navigating/involved in the court system.

Note that the tweaks to this section of Annex B are under review, following the new definition of extremism released in March 2024. There has been a shift in terminology used throughout this section (see e.g. the use of the term radicalisation into terrorism” and the definition of radicalisation). Also, additional wording has been added to clarify that, whilst there is no single way of identifying whether a child is likely to be susceptible to radicalisation into terrorism, there are factors that may indicate concern.

Additional wording has been added to Annex C (which requires designated safeguarding leads to note discussions and decisions made, including the rationale for those decisions) to include instances when referrals were not made. Such requirements ought to be reflected in relevant job specifications and ensure that the school’s DSL team are aware of the updated requirements.