When Family Court proceedings reach your school, getting it right depends on three things: handling disclosures properly, referring to Children's Services without delay, and complying with court orders accurately and on time.

Most school leaders don't expect to find a court order on their desk. But in our recent 'Schools in the spotlight' webinar - now available on demand - our experts walked through exactly that scenario: a primary school caught in the middle of a family breakdown, a child's disclosure, a safeguarding referral, and ultimately, Family Court proceedings landing in the headteacher's office.

Key points from the webinar:

• Record disclosures promptly and in the child's own words - avoid interpretation, leading questions, or promises of confidentiality.
• Where the threshold is met, refer to Children's Services without delay and without first contacting a parent.
• Treat any Family Court order as urgent: escalate immediately, assign a named coordinator, disclose exactly what is required, and seek legal advice if the scope is unclear.
• Keep witness statements factual, chronological and free of jargon, and ensure staff have adequate support and preparation time.
• Maintain accurate, contemporaneous and well-organised safeguarding records - they underpin every stage from disclosure to court proceedings.

When a child speaks up, what happens next matters

The webinar opened with a scenario that will feel familiar to many: a Year 6 pupil arriving at school visibly distressed, approaching a trusted teaching assistant with a disclosure of domestic abuse at home. 

The child asks for secrecy. There's a bruise to consider, too. In that moment, how the adult responds sets the tone for everything that follows.

The message from our experts was clear. Listen. Don't interrupt. Don't ask leading questions. And - critically - don't promise confidentiality you can't keep. 

Under Keeping Children Safe in Education (KCSiE 2026), Part 1, staff must be aware that they have a professional responsibility to share safeguarding concerns and cannot guarantee a child absolute confidentiality. Your job in that moment is not to solve the case; it's to respond calmly, make the child feel heard, and be honest that you may need to share what you've been told to keep them safe. 

In our view, the tone and manner of that initial response can significantly shape the child's willingness to engage with any process that follows.

Then record it. Immediately - ideally within the hour, using the child's own words, not your interpretation of them. This isn't a bureaucratic exercise. A record made in the moment, capturing exactly what was said rather than what an adult thinks it means, is what supports every decision that follows - including any that end up before a judge.

When to make a safeguarding referral to Children's Services

Where a child has made a disclosure of harm, and concerns are reported to the designated safeguarding lead (DSL), the question is what to do next. Where there's an allegation of violence witnessed by a child, an unexplained injury, and evidence that the child has been told to stay silent, the threshold for a referral to Children's Services is clearly met. 

Don't wait. Don't try to find out more first.

Contacting a parent before referring - even with the best intentions - can place a child at risk, destroy evidence, or compromise a police investigation. As a matter of law, there is no requirement to notify parents before making a referral, and Working Together to Safeguard Children (2023) expressly states that the interests of the child must be the overriding consideration. 

The referral should be made promptly, based on factual records, and confirmed in writing within 48 hours.

When the Family Court arrives

In a typical case, private law proceedings may be issued months after a safeguarding referral under Part II of the Children Act 1989. 

The headteacher walks into her office to find a court order - made pursuant to the Family Procedure Rules 2010 (FPR 2010) - requiring disclosure of the school's safeguarding records, correspondence with Children's Services, the child's academic data, and potentially witness statements from named staff. The compliance deadline? Days away, including a weekend.

A court order is a legally binding instruction. Failure to comply - or delay without good reason - can constitute contempt of court. Treat it as urgent from the moment it lands.

Escalate immediately to your headteacher and legal advisers. Assign a named person to coordinate the response. Disclose exactly what the order asks for - no more and no less. If you're uncertain about scope, seek legal advice before proceeding. If the deadline genuinely can't be met, liaise with the local authority or apply to vary the compliance date. Ignoring it is not an option.

When it comes to witness statements, they must be signed with a statement of truth and set out matters of fact of which the witness has personal knowledge. 

Beyond those legal requirements, our practical advice is to keep them factual and chronological, written in plain language - avoiding internal jargon that courts won't recognise - and grounded in your records rather than memory. Staff asked to provide evidence may find the experience daunting. Make sure they have practical support, time to prepare, and clear managerial backing.

Why safeguarding records matter

Whether it's a disclosure, a referral, or a court order, accurate, contemporaneous and well-organised safeguarding records aren't just good practice - they're a legal necessity. 

KCSiE 2026 (Part 2, paragraphs 129-133) sets out the obligation on schools to maintain detailed, accurate and secure safeguarding records. Schools with strong documentation are far better placed to protect children - and themselves - than those without. 

The full webinar is available on demand. If you'd like advice on your school's safeguarding procedures or approach to family law matters, get in touch with our education team.