Safeguarding

Please note: we do not offer legal aid for education law matters.

Safeguarding in schools in England and Wales is a crucial aspect of ensuring the welfare, safety, and protection of children. The legal framework for safeguarding is extensive and is primarily guided by legislation, statutory guidance, and policies.

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Key Legislation

Several pieces of legislation govern safeguarding in schools, including:

  • Children Act 1989 & 2004 — places the welfare of the child as the paramount consideration
  • Keeping Children Safe in Education (KCSIE) — statutory guidance setting out schools’ legal duties on safeguarding
  • Education Act 2002 — empowers schools to maintain a safe environment and handle allegations against staff
  • Working Together to Safeguard Children — outlines how organisations must cooperate to protect children
  • Disclosure and Barring Service (DBS) Checks — requires enhanced checks for those working with children

Steps You Can Take to Challenge a Safeguarding Issue

Here are general steps you can take to challenge a safeguarding issue:

  1. Immediate risk — contact police or emergency services without delay
  2. Speak to the school’s Designated Safeguarding Lead (DSL)
  3. Document your concerns
  4. Follow school procedures — request a copy of their safeguarding policy if needed
  5. Contact the Local Authority Designated Officer (LADO) — if dissatisfied with the school’s response
  6. Consider whistleblowing — if concerns remain unaddressed
  7. Contact Ofsted (England) or Estyn (Wales) — to investigate the school’s safeguarding practices
  8. Seek legal advice

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