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Key safeguarding legislation and guidance for schools

Last updated: 25 Jan 2024 Topics: Schools
Guidance and legislation

Each nation has its own laws and guidance that sets out the safeguarding responsibilities of schools.

England

In England, the Department for Education (DfE) provides the key guidance for schools and colleges Keeping children safe in education (DfE, 2023). 

It sets out the legal duties to safeguard and promote the welfare of children and young people under the age of 18 in schools and colleges. As of September 2022, the guidance also provides detailed information on how schools and colleges should respond to sexual violence and harassment between children. 

Part 1 of the guidance should be read by all school staff.

> Read our briefing on Keeping children safe in education

Schools and colleges must also follow the guidance set out in Working together to safeguard children (DfE, 2023).

The safeguarding duty of schools and colleges is set out in section 175 of the Education Act 2002, the Education (Independent School Standards) Regulations 2014, and the Non-Maintained Special Schools (England) Regulations 2015

The DfE has also provided guidance for independent schools, which includes information about safeguarding (DfE, 2019). 

Northern Ireland

In Northern Ireland, the key guidance is Safeguarding and child protection in schools - a guide for schools (Department of Education, 2020).

The Department of Education (DE) has also published guidance for schools and other education settings on how to identify and manage harmful sexual behaviour displayed by children and young people (Department of Education (DE), 2022).

Schools must also follow the guidance, Co-operating to safeguard children and young people in Northern Ireland (Department of Health, 2017)

Article 17 and 18 of the Education and Libraries (Northern Ireland) Order 2003 places a statutory duty on Boards of Governors (BoGs) to safeguard and promote the welfare of its pupils and to determine the measures to be taken at the school with a view to protecting pupils from abuse (whether at school or elsewhere).

Scotland

In Scotland, schools should follow the National guidance for child protection in Scotland (Scottish Government, 2023).

Wales

In Wales, schools must follow Keeping learners safe: the role of local authorities, governing bodies and proprietors of independent schools under the Education Act 2002 (Welsh Government, 2021). 

> Find out more about how people who work or volunteer in schools should respond to concerns about abuse

References

Child protection in schools training

Develop or refresh your awareness and understanding of safeguarding with our elearning courses for primary and secondary schools. 

Find out more

 

References

References

Department for Education (DfE) (2019) Independent school standards guidance. London: DfE.

Department for Education (DfE) (2020) Keeping children safe in education. London: DfE.

Department for Education (DfE) (2023) Working together to safeguard children. London: DfE.

Department of Education (2019) Safeguarding and child protection in schools - a guide for schools. Belfast: Department of Education.

Department of Health (2016) Co-operating to safeguard children and young people in Northern Ireland. Belfast: Department of Health.

Scottish Government (2023) National guidance for child protection in Scotland. Edinburgh: Scottish Government.

Welsh Government (2021) Keeping learners safe: the role of local authorities, governing bodies and proprietors of independent schools under the Education Act 2002. Cardiff: Welsh Government.