More changes are to take effect from September 2019 so that schools and academies keep children safer. At the time of writing, the updated guidance had not been published. What is extant on keeping children safe in schools, academies and colleges can be found here. The Department for Education has been extremely helpful in that it has brought together everything that you should know about safeguarding children in one on-line document which you can access here.
(1) What’s new
(a) On-line safety
Much of the law and guidance has been around for some time. What is relatively new is the measures trustees, governors and staff in schools and academies should take to protect youngsters from peer-on-peer abuse. In particular, steps are necessary to prevent “up-skirting”. A peer up-skirts when he photographs a girl’s clothing – without her knowing – for sexual gratification.
Adults – especially teaching and support staff in schools/academies – are required to put into action the on-line safety guidance from the DfE. (See the paragraph above.)
(b) Peer-on-peer abuse
Peer-on-peer abuse is particularly daunting because, more often than not, both, the victim and the perpetrator are vulnerable, the victim because s/he has suffered abuse at the hands of the perpetrator and the perpetrator because s/he has probably been a victim somewhere else and is venting her/his spleen on the victim.
David Smellie, partner at the law firm Farrer, provided The Times Education Supplement with 10 recommendations for schools/academies to use when dealing with this kind of abuse. These are as follows.
(1) Make a prompt referral to statutory agencies.
(2) Always remember the statutory right of the victim to anonymity.
(3) Be proactive with police and social services. Propose how you think the school/academy should handle it and seek to get staff on board.
(4) Remember the role that can be played by local rape and sexual violence crisis centres. Victims will often be very nervous about reporting to or cooperating with the police. These centres have the expertise to be able to offer concrete and confidential advice to victims and there is no risk to victims from seeking that advice.
(5) When facing either a decision by the police not to investigate (for example, by reason of the victim’s wishes) or where there has been an arrest but with a lengthy investigation in prospect, look to develop a safety plan.
(6) The default option must not be to move or remove the victim. Remember that if that happens, you will forever undermine the confidence of future victims of sexual violence to report or come forward.
(7) Any safety plan in these circumstances must involve detailed consultation with the victim and her/his family and with the accused and her/his family. Use advice from children’s services and police to inform the assessment of risk and possible mitigation measures.
(8) Secure buy-in from statutory agencies to any safety plan. They may not be that keen at first, but it pays to be persistent.
(9) Supplement advice where necessary with your own expert inputs, for example from the NSPCC, Barnardo’s, and/or adolescent psychologists.
(10) At all stages, talk and keep talking to the victim, and offer support in whatever way you can.