Keeping Children Safe in Education 2022: Update and Bullying
The statutory guidance for schools and colleges - Keeping Children Safe in Education 2022 - has been updated and will come into force on September 1st 2022. With this in mind, this article outlines how this guidance relates to bullying, and how these points substantively differ from the previous 2021 guidance.
How does the guidance link to bullying?
- "All staff should be aware of systems within their school or college which support safeguarding, and these should be explained to them as part of staff induction. This should include the:.. behaviour policy (which should include measures to prevent bullying, including cyberbullying, prejudice-based and discriminatory bullying)" - page 7 [please note: sometimes schools include these measures in a separate anti-bullying policy which ABA would recommend as best practice]
- "The PSED helps schools and colleges (which are subject to it) to focus on key issues of concern and how to improve pupil and student outcomes. Some pupils or students may be more at risk of harm from specific issues such as sexual violence, homophobic, biphobic or transphobic bullying or racial discrimination. Such concerns will differ between education settings, but it is important schools and colleges are conscious of disproportionate vulnerabilities and integrate this into their safeguarding policies and procedures. For further information please see Technical Guidance on the Public Sector Equality Duty: England | Equality and Human Rights Commission (equalityhumanrights.com)" - page 26
- "Governing bodies and proprietors should ensure there are appropriate policies and procedures in place in order for appropriate action to be taken in a timely manner to safeguard and promote children’s welfare. These policies should include individual schools and colleges having: a behaviour policy, which includes measures to prevent bullying (including cyberbullying, prejudice-based and discriminatory bullying)" - page 26-27 [please note: sometimes schools include these measures in a separate anti-bullying policy which ABA would recommend as best practice]
- "Online safety and the school or college’s approach to it should be reflected in the child protection policy. Considering the 4Cs (above) will provide the basis of an effective online policy. The school or college should have a clear policy on the use of mobile and 36 smart technology. Amongst other things this will reflect the fact many children have unlimited and unrestricted access to the internet via mobile phone networks (i.e. 3G, 4G and 5G). This access means some children, whilst at school or college, sexually harass, bully, and control others via their mobile and smart technology, share indecent images consensually and non-consensually (often via large chat groups) and view and share pornography and other harmful content. Schools and colleges should carefully consider how this is managed on their premises and reflect this in their mobile and smart technology policy and their child protection policy." - page 35-36
- "Governing bodies and proprietors should ensure that their child protection policy includes:...the different forms child-on-child abuse can take, such as: bullying (including cyberbullying, prejudice-based and discriminatory bullying)" - page 39
- "The Department has published advice and guidance on Preventing and Tackling Bullying (which may also be useful for colleges). The Promoting and supporting mental health and wellbeing in schools and colleges guidance sets out how schools and colleges can help prevent mental health problems by promoting resilience as part of an integrated, whole school/college approach to social and emotional wellbeing, which is tailored to the needs of their pupils and students." - page 45
- "Children with special educational needs or disabilities (SEND) or certain medical or physical health conditions can face additional safeguarding challenges both online and offline. Governing bodies and proprietors should ensure their child protection policy reflects the fact that additional barriers can exist when recognising abuse and neglect in this group of children. These can include:... these children being more prone to peer group isolation or bullying (including prejudice-based bullying) than other children [and] the potential for children with SEND or certain medical conditions being disproportionally impacted by behaviours such as bullying, without outwardly showing any signs" - page 48-49
- "LGBT inclusion is part of the statutory Relationships Education, Relationship and Sex Education and Health Education curriculum and there is a range of support available to help schools counter homophobic, biphobic and transphobic bullying and abuse." - page 49
- "The Anti-Bullying Alliance has developed guidance for schools about Sexual and sexist bullying." - page 109
- "Schools and colleges should also consider the potential impact of social media in facilitating the spreading of rumours and exposing victims’ identities. The unique challenges regarding social media are discussed at paragraph 469 along with potential support. In addition, the principles described in Childnet’s cyberbullying guidance could be helpful." - page 113
- The guidance uses sexual bullying as an example in it's case study for managing reports internally (please see the case study below). For managing the report internally, the guidance advises: "In some cases of sexual harassment, for example, one-off incidents, the school or college may take the view that the children concerned are not in need of early help or that referrals to statutory services are not required, and that it would be appropriate to handle the incident internally, perhaps through utilising their behaviour policy and by providing pastoral support. Whatever the response, it should be underpinned by the principle that there is a zero-tolerance approach to sexual violence and sexual harassment and it is never acceptable and will not be tolerated. All concerns, discussions, decisions and reasons for decisions should be recorded (written or electronic)." - page 117
- The guidance makes it clear that children (regardless of if they are the "victim" or "perpetrator") should be protected from bullying: "Any conviction (even with legal anonymity reporting restrictions) is potentially going to generate interest among other pupils or students in the school or college. It will be important that the school or college ensure both the victim and perpetrator(s) remain protected, especially from any bullying or harassment (including online)." - page 121 "It is important that the school or college do everything they reasonably can to protect the victim from bullying and harassment as a result of any report they have made." - page 127 "Following any report of sexual violence or sexual harassment, it is likely that some children will take “sides”. The school or college should be doing all they can to ensure both the victim and alleged perpetrator(s), and any witnesses, are not being bullied or harassed." - Page 132
- "All staff should be clear as to the school or college’s policy and procedures with regards to child-on-child abuse. Child-on-child abuse is most likely to include, but may not be limited to:... bullying (including cyberbullying, prejudice-based and discriminatory bullying)" - Page 137
- Additional advice in relation to bullying can be found here: "Preventing bullying including cyberbullying - DfE advice" - page 154 "Childnet provide guidance for schools on cyberbullying" - page 155 "Government advice about protecting children from specific online harms such as child sexual abuse, sexting, and cyberbullying" - page 157 "Anti-Bullying Alliance - Detailed information for anyone being bullied, along with advice for parents and schools. Signposts to various helplines and websites for further support." - page 159
- "The designated safeguarding lead (and any deputies) should undergo training to provide them with the knowledge and skills required to carry out the role. This training should be updated at least every two years. The designated safeguarding lead (and any deputies) should undertake Prevent awareness training. Training should provide designated safeguarding leads with a good understanding of their own role, how to identify, understand and respond to specific needs that can increase the vulnerability of children, as well as specific harms that can put children at risk, and the processes, procedures and responsibilities of other agencies, particularly local authority children’s social care, so they:... can recognise the additional risks that children with special educational needs and disabilities (SEND) face online, for example, from bullying, grooming and radicalisation and are confident they have the capability to support children with SEND to stay safe online" - page 165-166
Definitions and Indicators which refer to bullying in the report:
- "Serious bullying" (including cyberbullying) is listed as an indicator for emotional abuse. - page 11
- Child-on-child abuse is described as likely to include "bullying (including cyberbullying, prejudice-based and discriminatory bullying)" - page 12 & 39
- Online safety is categorised into four areas of risk. One area is ‘conduct’. Conduct includes "online behaviour that increases the likelihood of, or causes, harm; for example, making, sending and receiving explicit images (e.g. consensual and nonconsensual sharing of nudes and semi-nudes and/or pornography, sharing other explicit images and online bullying" - page 35
- Sexualised online bullying is listed as a form of sexual harassment. - page 106
Substantive changes made to the Keeping Children Safe in Education guidance in September 2022 (related to bullying):
- Paragraphs 82-93 - Added clarification to paragraphs regarding the Human Rights Act 1998, the Equality Act 2010, and the Public Sector Equality Duty. Paragraph 93 has the addition of the line "some pupils or students may be more at risk of harm from specific issues such as sexual violence, homophobic, biphobic or transphobic bullying or racial discrimination."
- Paragraphs 202-204 - Extended the information about schools and colleges ensuring children who may be LGBT have a trusted adult who they can be open with. This includes paragraph 204 which states: "LGBT inclusion is part of the statutory Relationships Education, Relationship and Sex Education and Health Education curriculum and there is a range of support available to help schools counter homophobic, biphobic and transphobic bullying and abuse."
- Paragraph 465 - The addition of the bullet point: "The Anti-Bullying Alliance has developed guidance for schools about Sexual and sexist bullying."
- Paragraph 468 - Added paragraph to highlight the importance of ensuring children understand the law on child-on-child abuse is there to protect them rather than criminalise them. As child-on-child abuse is likely to involve bullying, this addition is relevant for bullying.
Find out more about bullying and the law here