Independent Inquiry into Child Sexual Abuse (IICSA): Key Considerations following the Preliminary Hearing of the Residential Schools Investigation

The purpose of the IICSA is to investigate the extent to which institutions have failed in their duty of care to protect children from sexual abuse and to make meaningful recommendations for change, in order to protect children now, and in the future, from sexual abuse.

The Residential Schools Investigation (RSI) is one of 13 investigations launched by the IICSA.  The RSI is considering the nature, extent of, and institutional responses to child sexual abuse in residential schools (including state, independent and schools for children with SEND).

The RSI has been divided into two phases. Phase 1 focuses on non-recent abuse in schools which are no longer open or under new management, special schools and specialist music schools. Importantly, Phase 2 considers both day and residential schools, the IICSA having taken the decision to broaden the investigation to include day schools in order to be able to examine safeguarding issues across the schools sector.

The preliminary hearing regarding Phase 2 was held on 12 January 2020. It reflected on, amongst other things, the broad themes that the investigation will be considering. Some themes of particular note include:

Inspection regime

• How far the system of inspection by Ofsted and the Independent Schools Inspectorate (ISI) can adequately look at safeguarding issues, particularly where no concerns are raised prior to an inspection;
• Whether more in-depth inspections are, or should be, required of safeguarding throughout the sector (or certain parts of the sector);
• The extent to which Ofsted and the Independent Schools Inspectorate (ISI) are subject to effective monitoring by the Department for Education (DfE), why the DfE terminated formal monitoring of the ISI by Ofsted, and whether this should be cause for concern in terms of effective monitoring of safeguarding in schools; and
• The effectiveness of the DfE as the regulator of independent schools and whether the current regulations should be amended to improve child protection practices.

Education guardians

• Whether the current system of monitoring children whose parents live outside the UK (including the role and responsibilities of educational guardians) is operating appropriately.

Safeguarding systems, practices and culture

• Whether there should be a criminal sanction for failure to report sexual abuse or deliberately concealing such abuse in educational settings;
• Whether the current definition of ‘regulated activity’ is adequate and works in educational settings, and how far the current safer recruitment practices prevent unsuitable people being able to continue to undertake activities involving children;
• Whether the current guidance on managing allegations of abuse, peer on peer abuse (in particular harmful sexual behaviours), and sex and relationship education are fit for purpose and provide the right type of advice which can be effectively implemented;
• Whether the current system of staff and governor child protection training is adequate, appropriately specified and set out in current DfE guidance;
• Whether information sharing protocols exist between agencies and, if they do not, whether they should; and
• How you create a safe environment and organisational culture in schools, in particular what makes a good safeguarding culture and what the features are of a harmful culture or one in which sexual abuse is more likely to be tolerated.

Teaching Regulation Agency (TRA)

• Whether the role of the TRA provides an adequate system of regulatory oversight of teaching staff.

Next steps

The issues set out above will also be extended to the Welsh school system, with particular focus in those areas where it diverges from England and where practice may be learned from both sides.

The Inquiry is due to sit for two weeks (11 May – 22 May 2020), where we may gain further insight as to the direction of travel in relation to these issues.  A report covering both Phases is anticipated in early 2021, where we can expect the IICSA to report on their findings and any recommendations for change to the safeguarding system.  We shall keep you informed of developments in the Inquiry.