logo-education
0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

child protection and safeguarding

Classroom

The issue of keeping children safe in education remains extremely prominent. Whether you are facing an allegation made against a member of staff; handling a disclosure of abuse from a pupil; discharging your legal duty to refer conduct to the Disclosure and Barring Service (DBS) or managing press interest in safeguarding stories; the importance of ensuring your pupils are safe and are seen to be safe cannot be underestimated.

Everyone who comes into contact with children has a role to play in the safeguarding of them. As a school or academy, you are in a crucial position and play a key part in providing help for children and preventing any issues from escalating. From teachers and teaching assistants, to playground attendants and afterschool activity staff, each person should have children’s wellbeing at the forefront of everything they do.

What is safeguarding in schools?

Child protection and safeguarding in schools are often used interchangeably, but in fact child protection is one aspect of safeguarding. Safeguarding is defined as the protecting of children from maltreatment, ensuring children grow up in an environment consistent with the provision of safe and effective care and taking appropriate action to enable children to have the best outcomes. Child protection focuses on protecting children who are suffering from, or are at danger of suffering from significant harm.

Safeguarding in schools works most effectively when all aspects are integrated and used together. High quality training for your staff is paramount to ensure everyone knows what to do and to do it consistently across the establishment.

Every school or trust should have at least one designated safeguarding lead who will provide support to other staff members to ensure they can carry out their child protection and safeguarding duties effectively, and who can liaise closely with other services such as social care, health and the police.

Other key aspects of child protection and safeguarding include online safety and cyber bullying and how to manage this.

Cyberbullying in schools and the law

Cyberbullying is any form of bullying that is carried out through the use of an electronic device such as a computer, laptop, smartphone, tablet or games console. This means that bullying is now far more widespread and reaches further than the playground.

Unfortunately with the 24/7 nature of this form of bullying it can be more difficult to manage and react to; and with 7% of children aged 10 to 15 reported to have experienced cyberbullying in a recent survey by the Department for Education, it’s important to put preventative measures in place and ensure your teachers are trained and advised appropriately.

While there is no legal definition of cyberbullying within UK law, there are a number of existing laws that can be applied to cases of cyberbullying in schools, such as the Protection from Harassment Act 1997, the Malicious Communications Act 1988 and the Defamation Act 2013.

How Browne Jacobson can help with safeguarding in schools

Our expert lawyers can provide you with support on all aspects of safeguarding in schools to help ensure you are discharging your safeguarding duties. As well as providing urgent advice and support when child protection and safeguarding issues occur, we can also help you draft your safeguarding policy, train your staff, prepare for inspection and deal with non-urgent safeguarding issues such as parental requests for disclosure of safeguarding files.

As recognised experts in the field, we can also keep you up-to-date with new legal duties and help you deal with growing areas of safeguarding concern, such as radicalisation and extremism, child sexual exploitation, forced marriage and FGM.

Let our experts help and guide you through the ins and outs of keeping children safe in education and support your school or academy through any child protection issues or concerns you may have.

How can we help?

For expert legal advice on any child protection and safeguarding issues, please contact Dai Durbridge.

Did you know?

We offer a range of legal advice products for schools and academies that are fixed-fee, annual support services which provide you with immediate access to specialist advice when you need it most. For more information please visit our quickcall product and our MAT partner plus product.

what we do...

  • Advising you on managing allegations against staff and working with the Local Authority Designated Officer (LADO).
  • Support you at strategy meetings and drafting statements for the press, parent and pupils.
  • Helping you handle disclosures of abuse and obtaining consent or overriding lack of consent.
  • Discharging your legal duty to refer staff conduct to the DBS.
  • Advising you and helping you manage risk for information disclosed on a DBS check.
  • Advising and supporting you on discharging your duties on complex safeguarding issues - including child sexual exploitation, extremism, FGM and forced marriage.
  • Recognised as national leaders for safeguarding in education.

don’t take our word for it:



A client says: "I feel like there's some magic going on behind the scenes that makes everything fall into place. They have a tremendous scope of expertise." Another adds: "The team have been exceptional. They have been understanding, reassuring and knowledgeable. I can't emphasise how valuable their support has been at both a practical and an emotional level."

Chambers 2019

related resources

Legal updates

Summary evaluations of multi-academy trusts

The scrutiny of multi-academy trust (MAT) performance by Ofsted has recently undergone some operational changes. In this note, we comment on the revised approach and identify a number of key elements for MATs to reflect on.

View

Legal updates

Keeping Children Safe – 1 October amendment

The Department for Education (DfE) have (sensibly) amended paragraphs 164 and 165 of the Keeping Children Safe in Education 2019 guidance. As you know, these paragraphs set out when you need to refer an individual to the Disclosure and Barring Service (DBS).

View

Legal updates

Safeguarding checks on academy governors

There are a different set of regulations that apply to academies compared to maintained schools regarding safeguarding checks that need to be carried out on governors. This article will tell you more.

View

Legal updates

The four important changes to the 2019 Keeping Children Safe in Education guidance

The 2019 version of Keeping Children Safe in Education is still in draft form, but it is highly likely it will come into force as currently drafted.

View

what our clients say....

recent experience

related opinions