Equality and disproportionality are themes that school inspectors have recently been interested in during school inspections. Keeping children safe in education 2022  has given focus and clarity on the legal duties of schools in relation to equality, disproportionality and protected characteristics.

The murder of George Floyd in 2020 and the subsequent global impact has prompted many education settings to take a deep-dive into their own data. Such a process will enable the  identification of areas where there has been disproportionality and inequality in service delivery in relation to children and families. Examining their own data can uncover questionable practice and enable learning and change.

The Institute of Race Relations (IRR) highlighted in a report How Black Working-Class Youth are Criminalised and Excluded in the English School System by Jessica Perrera that black working-class young people in England are being unfairly excluded and criminalised by a “two-tier education system”. The IRR report focuses on London and states that pupils from black families are disproportionately being sent to pupil referral units. Black Caribbean boys are nearly four times more likely to be permanently excluded and twice as likely to be suspended. The updated DfE guidance Behaviour in Schools – Advice for Headteachers and school staff  sets out clearly  that school leaders should analyse data ‘with an objective lens and from multiple perspectives’ to query and examine what could be contributing to misbehaviour and considering protected characteristics. Findings should inform policy and practice to ensure schools are complying with legal duties under the Equality Act 2010. In particular paragraphs 83-93 of KCSIE 2022 has included updated paragraphs clarifying schools’ and colleges’ legal duties and making the link between these and safeguarding.

Practical Advice with Children from ‘Wish We Knew What To Say’ by Pragya Agarwal

• Promote learning about each other’s home cultures and each other’s similarities and differences
• Introduce critical thinking about stereotypes and situations seen in books and cartoons (true/not true/fair/not fair)
• Introduce stories from your own culture/heritage
• Introduce positive stereotypes and role models
• Be particular about the literature and media that you are exposing children to
• Foster pride in children’s racial identity
• Introduce diverse books and question stereotypes
• Support children’s curiosity about their own identities and those of others through active engagement and questions
• Help them to understand the difference between respectful and abusive behaviour
• Talk to children about the ways that racism can manifest in the classroom and the playground, e.g.  through jokes and name-calling
• Ask open-ended questions such as ‘What would you do if someone was being racist on your bus’? Talk through appropriate responses and actions

Top Tips for Best Safeguarding Practice

• Ensure your school or college practices preventative education (para 131 KCSIE 2022) to prepare children and students for life in modern Britain
• Create a culture of zero tolerance for sexism, misogyny/misandry, homophobia, biphobic and sexual violence/harassment
• Ensure your behaviour policy promotes your setting’s values and standards
• Include a planned programme of evidence-based PSHE delivered in regularly timetabled lessons and reinforced throughout the whole school curriculum
• Ensure the PSHE programme is fully inclusive, age and stage of development appropriate (in particular for children with SEND and other vulnerabilities)
• Draw up individual behaviour plans for more vulnerable children – involve parents and carers to plan positive and proactive behaviour support and to minimise the need to use reasonable force
• Safer recruitment processes should include the exploration of potential areas of concern such as an implication that adults and children are equal, a lack of recognition of the vulnerability of children or any indicators of negative safeguarding behaviours.

Working with children comes with the possibility that an allegation can be made against you by a child or an adult. Section 1 of the Children Act 1989 tells us that the child’s welfare is paramount.  All allegations of abuse of children against anyone working with children must be taken seriously and considered within the four categories of abuse physical, sexual and emotional abuse and neglect.

You will know about the harms threshold, sometimes known as the LADO (Local Authority Designated Officer) threshold, which triggers a referral to the LADO, when an allegation or concern is raised against someone who works with children either in a paid or voluntary capacity. Recently we have been managing an increase in allegations under the fourth part of the harms threshold which relates to a member of staff or a volunteer:

• Behaving in a way that indicates they may not be suitable to work with children (this is in relation to the alleged harm taking place outside of school, which may make the subject unsuitable to work with children and this is sometimes also known as transferable risk).
• Some examples are, they are a perpetrator of domestic abuse and/or their children are subject to child protection procedures, they are having (or had) a sexual relationship with a child under 18 if in a position of trust in respect of that child, even if consensual or grooming a child.
• Grooming can relate to the commission of a relevant offence under Section 15 Sexual Offences Act 2003) or other grooming behaviour that may give rise to concerns of a broader child protection nature e.g. inappropriate text messages or images, gifts and possession of indecent images of children.

The Difference between an Allegation and a Concern

It is not always clear whether an incident has led to an allegation. For it to be an allegation it has to be sufficiently serious and meet the ‘harms threshold’. It is important that the LADO is consulted to allow for concerns to be evaluated objectively. The LADO will only record those allegations which appear to meet the threshold, but it is for schools or colleges, as employers, to record the details of any low-level concern. The LADO will record the number of consultations that are determined to be low-level by the employer and this information will be included in their annual report to the LSCP. Statutory guidance is clear that references should only include safeguarding allegations that meet the ‘harms threshold’ and that low-level concerns should not be included, unless they relate to matters such as misconduct or poor performance. If there is a pattern of low-level concerns that meet the ‘harms threshold’, and found to be substantiated, they should be referred to in a reference.

Learning from Allegations

For the first time, KCSIE asks us to review the circumstances of unsubstantiated allegations (as well as unfounded, false, malicious or substantiated allegations) to determine whether there are any improvements that can be made to school or college procedures. This is so that we prevent future allegations from being made. Your low-level concerns policy should be part of the staff code of conduct.

Top Tips for Best Safeguarding Practice

Aways remember that the child’s welfare is paramount and to share any concerns with your headteacher or designated safeguarding lead, however insignificant they may seem or low-level.

Find out about your own setting’s process in respect of allegations against staff. It will be based upon Part 4 of KCSIE 2022, but do check your internal procedures to ensure you know the process well and are aware of whom you should report any concerns or allegations.

Remember that the definition of harm in statutory guidance includes the notion that a child can be harmed if someone fails to act.

Ensure you are clear about what appropriate behaviour is.

Read the Staff Code of Conduct regularly, this will help staff with their confidence in knowing the difference between expected and appropriate behaviour, from inappropriate, problematic or concerning behaviour, both in themselves or others.

Senior leaders should empower staff to share low-level concerns – communicating safeguarding responsibilities, sharing information, asking for their input, encouraging decision making and thinking of new ways of doing things, feeling they can make a difference and feeling valued.

Unprofessional behaviour should be addressed at an early stage and this includes supporting the individual to correct the behaviour.

Low-level concerns and allegations should be responded to sensitively and proportionately and shared confidentially.

After any allegation or low-level concern, ensure there is a process for reviewing to help identify any weakness in the school or college safeguarding systems.

If it is difficult to determine the level of risk associated with an incident the following should be considered:

• Was the incident a disproportionate or inappropriate response in the context of a challenging situation?
• Where the incident involved an inappropriate response to challenging behaviour, had the member of staff had training in managing this?
• Does the member of staff understand that their behaviour was inappropriate and express a wish to behave differently in the future? For example, are they willing to undergo training?
• Does the child or family want to report the incident to the police or would they prefer the matter to be dealt with by the employer?
• Have similar allegations been made against the employee – is there a pattern developing?

Incidents which fall short of the threshold could include an accusation that is made second or third hand and the facts are not clear, or the member of staff alleged to have done this was not there at the time; or there is confusion about the account.

Where it is decided that the incident does not meet the threshold of harm/risk of harm and is a concern only, then the employer should take steps to ensure any conduct or behaviour issues are addressed with the member of staff through normal employment practices.