Keeping Children Safe in Education guidance: what's changed?

We pick out some of the key changes in the most recent version of the Keeping Children Safe in Education guidance, which comes into force in September 2024. The full list of substantive changes is listed in Annex F at the back of the guidance. Parts three (safer recruitment) and four (allegations and low-level concerns) are unchanged.

Children who are lesbian, gay, bisexual or gender questioning

Paragraphs 205 to 209 are new.

The guidance recognises that children who are lesbian, gay or bisexual, or who are perceived to be so, can be vulnerable to being targeted by other children. 

In respect of gender questioning children, the additions reflect the draft non-statutory Guidance for Schools and Colleges in relation to Gender Questioning Children. This section of the KCSIE remains under review pending the outcome of the gender questioning children guidance consultation. 

Paragraph 208 sums up the recommended approach when supporting a gender questioning child, having encouraged families and carers to seek clinical help and advice:

“when supporting a gender questioning child, schools should take a cautious approach and consider the broad range of their individual needs, in partnership with the child’s parents (other than in the exceptionally rare circumstances where involving parents would constitute a significant risk of harm to the child), including any clinical advice that is available and how to address wider vulnerabilities such as the risk of bullying. Schools should refer to our Guidance for Schools and Colleges in relation to Gender Questioning Children, when deciding how to proceed.”

The guidance encourages staff to “create a culture where [the children] can speak out or share their concerns with member of staff”.

For more on the Government’s draft guidance in respect of gender questioning children, see our previous article: Cass review: implications for schools and colleges (irwinmitchell.com). The legal arguments around social transitioning in schools and colleges are complex. We recommend that you take advice if you are asked to support a socially transitioning pupil or student. 

Child exploitation

References throughout the guidance to “abuse and neglect” now also make reference to “exploitation”, emphasising the importance of staff being aware of the indicators of exploitation.

The vast majority of the guidance relating to child exploitation was already in KCSIE 2023, including at paragraphs 34 – 40 and in Annex B. Links to further guidance on child exploitation are provided at pages 163-164. 

Alternative provision

The guidance clarifies that schools remain responsible for the safeguarding of pupils they place in alternative provision and should obtain written confirmation that the alternative provision provider has carried out all of the checks the school would perform in respect of its own staff.

Children in alternative provision are now specifically listed as those who may benefit from Early Help at paragraph 18. 

Domestic abuse

The guidance at paragraph 24 points out the harm to children of seeing, hearing or experiencing domestic abuse, which can amount to abuse or neglect of the child. 

Additional guidance referred to

The following new or updated guidance is referred to, with some tweaks being made to the KCSIE guidance accordingly:

• Working together to safeguard children 2023. Tweaks include to the definition of “safeguarding” at paragraph 3 and to the Early Help section at paragraph 18. 
• Prevent duty guidance. Minor changes have been made to the section on “preventing radicalisation” at pages 156-158, to clarify schools’ duties in relation to Prevent.
• The Data protection guidance for schools (updated April 2024) is referred to at paragraph 93.
• Age appropriate guides to “children and the court system” for 5-11 year olds and 12-17 year olds have been added at page 151. 

How we can help

We have an excellent Public Law team, headed up by Yogi Amin who can help you with queries relating to safeguarding children. We also have a team of education specialists in our employment team who can assist where issues of safeguarding interact with staff issues, for example in recruitment and in the context of gender questioning children. 

Please contact Jenny Arrowsmith, our national head of education to find out how we can help your school or college. 

Our newsletters

We publish monthly employment and education newsletters. If you'd like to be added to the mailing list, please let me know.