Education: single-agency responsibilities for child protection

2.48 All staff working in education establishments, including early learning and childcare (ELC) settings, have a key role in the support and protection of children and young people. Day-to-day professional experience of, and relationship with children is a fundamental protective factor. All staff must be aware of, and must follow, child protection procedures.

2.49 Every school and ELC service should have a child protection co‑ordinator taking lead responsibility for child protection in the school, in liaison with the head of establishment, to whom he/she will report. The child protection lead should also engage with appropriate training and development in order to be able to respond effectively to child protection concerns, to support staff and to share learning. Education Scotland has a strategic Safeguarding Lead.

2.50 The Health & Wellbeing Across Learning: Responsibilities of All Experiences and Outcomes within Curriculum for Excellence, alongside the GIRFEC wellbeing indicators, summarises how practitioners, pupils, parents and communities must work together in protecting and promoting children’s rights, wellbeing and safety. This includes helping children develop in their ability to keep themselves and others safe; and helping them learn how to get help and support if they need it.

2.51 Some protective work is preventative and developmental. For example, ‘Personal and Social Education’ aims to provide children with the knowledge, skills and values associated with healthy choices and relationships, and preparation for adult life.

2.52 When concerns about risk of harm arise, education services are well placed to notice and respond to:

2.53 Children often see education staff as a trusted source of help and support in confidence. However, when there are concerns about harm to a child emerging from their presentation, or from what they have said or done, then the nominated child protection officer will be consulted without delay. All steps and actions will be recorded.

2.54 While all staff in ELC services and schools have responsibilities in relation to child protection, the named person within the GIRFEC approach has a focal role in the recognition of concerns and the co‑ordination of help and response from the service, as appropriate. Education services will share information and contribute to investigation and assessment, according to inter-agency child protection protocols, and as far as may be proportionate, relevant and lawful. A child may be referred to the Principal Reporter if there is cause to believe they may be in need of a Compulsory Supervision Order.

2.55 Education services are an essential part of inter-agency planning and support with children and their parents, whether this is within child protection processes or as part of the co‑ordinated planning within a GIRFEC approach. Community learning and development and youth work may provide significant support in planning around each child’s needs.

2.56 Where a child goes missing from education, services within local authorities will conduct investigations in line with their local policy as outlined in Part 4 of this Guidance.

2.57 Local authority education services have responsibilities towards children being home educated. Home educators and local authorities are encouraged to work together to develop trust, mutual respect and a positive relationship in the best educational interests of the child. The welfare and protection of all children, both those who attend school and those who are educated by other means, is paramount. Home education guidance for parents and local authorities is under review by Scottish Government, and the current guidance should be used until refreshed guidance is published.

2.58 Specific forms of concern require appropriate levels of awareness, knowledge and skills within an establishment. These include recognition of neglect, mental health problems, parental alcohol and drug use, under-age sexual activity, child sexual abuse and exploitation, honour-based abuse, forced marriage, female genital mutilation and bullying. Education establishments and early learning and childcare settings have a responsibility, in co‑operation with Child Protection Committees, to ensure that there are appropriate and regularly reviewed procedures and guidance in place.

2.59 Early learning and childcare (ELC) is a service consisting of education and care for children who are under school age. All three- and four-year-olds, and certain two-year-olds, are entitled to funded ELC. Local authorities also have discretionary powers to provide ELC in addition to the funded early learning and childcare entitlement to children deemed to be ‘in need’. ELC is delivered by local authority, private and Third Sector providers, including self-employed childminders. As with any service that works directly with children and their families, ELC providers are well placed to identify concerns, offer support, and participate in plans to reduce risk as appropriate. They are also expected to have effective child protection procedures in place to ensure staff have a clear understanding of their responsibilities, and to respond appropriately.

2.60 GASS offer specialist support services for children and young people with complex additional support needs. They are all registered charities, charge fees for their services and receive direct funding from Scottish Government. Staff working in these schools share the same responsibilities in protecting children as all staff working in local authority education services.

2.61 As for all staff in local authority establishments, all staff in independent and grant aided schools have a responsibility to ensure that the children in their care are not harmed. This applies to teachers and all other practitioners. The proprietors of independent schools have a responsibility to ensure that the school they are responsible for does not become objectionable on any of the grounds listed in section 99(1A) of the Education (Scotland) Act 1980. This includes ensuring that the welfare of learners is safeguarded and promoted at the school. The proprietors of independent schools have a role in overseeing their school’s child protection and safeguarding arrangements. To assist proprietors the following guidance has been provided:

2.62 The Public Services Reform (General Teaching Council for Scotland) Order 2011 and the Protection of Vulnerable Groups (Scotland) Act 2007 strengthened the provisions which ensure that teachers in independent schools (as well as other persons in child care positions) meet the necessary standards to enable them to work with children. As of 1 June 2021 all teachers in independent schools must be GTCS-registered prior to taking up employment in accordance with the Registration of Independent Schools (Prescribed Person) (Scotland) Regulations 2017 (as amended). Additionally, The Registration of Independent Schools (Scotland) Regulations 2006 (as amended), require that each independent school has at least one appropriately trained Child Protection Co-Ordinator (a person employed to co-ordinate and oversee matters related to child protection) and at least one appropriately trained Deputy Child Protection Co-ordinator (able to assist and deputise for the Child Protection Co-ordinator). The Regulations also require that all persons employed by or in the school, annually, complete appropriate child protection training.

2.63 Anyone who has a child protection concern about a child or young person should share information according to local multi-agency child protection processes. All agencies and organisations working with children and young people are expected to have child protection procedures in line with local multi-agency protocols, based upon the National Guidance for Child Protection in Scotland. The Scottish Council for Independent Schools (SCIS) provides the sector with support and professional learning on child protection. SCIS works closely with the Boarding Schools Association (BSA), which upholds a Commitment to Care Charter (2017) encompassing child protection. BSA provides safeguarding training, advice and resources for more than 500 residential/boarding schools in the UK, including more than 20 in Scotland. Boarding and residential schools in Scotland (known as school care accommodation services) must also adhere to the requirements of the Care Inspectorate regarding notification of incidents.

2.64 As with all other education services above, independent schools are an essential part of inter-agency planning and support with children and their parents whether this is within child protection processes or part of the co-ordinated planning within a GIRFEC approach. Independent schools, like all other education services, may have an essential contribution to make to child protection processes, following a reported concern about abuse or neglect of a child, whether this concern has been raised by the education establishment itself or by others, and should therefore be involved in multi-agency processes wherever appropriate.