Education of Children in Our Care and Children Previously in Our Care

Under section 22 (3A) and 23ZZA of the Children Act 1989 (as amended by section 4 of the Children and Social Work Act 2017), local authorities have a specific duty to promote the educational achievement of Looked After, Eligible and Children Previously in Our Care. Section 99 of the Children and Families Act 2014 imposes a requirement for an officer to be appointed to discharge this duty – sometimes referred to as a 'Virtual School Head' ('VSH').

Children Previously in Our Care are those children who are no longer looked after in England and Wales because they are:

The subject of an adoption, special guardianship or child arrangements order which includes arrangements relating to with whom the child is to live, or when the child is to live with any person, or has been adopted from 'state care' outside England and Wales.

(A child is in 'state care' outside England and Wales if they are in the care of, or accommodated by, a public authority, a religious organisation or any other organisation the sole or main purpose of which is to benefit society).

In addition the VSH has a strategic role in improving outcomes for all children who have, or have had, in the last six years a social worker by, for example:

• Enhancing partnerships between education settings and the local authority so agencies can work together;
• Identify the needs of the cohort and addressing barriers to poor educational outcomes and ensure pupils make educational progress;
• Offering advice and support to key professionals.

hildren Previously in Our Care are those children who are no longer looked after in England and Wales because they are:

The subject of an adoption, special guardianship or child arrangements order which includes arrangements relating to with whom the child is to live, or when the child is to live with any person, or has been adopted from 'state care' outside England and Wales.

Local authorities have a duty under section 23ZZA of the Children Act 1989 (inserted by section 4 of the Children and Social Work Act 2017) to promote the educational achievement of Children Previously in Our Care in their area by providing information and advice to:

• Any person who has Parental Responsibility for the child;
• Providers of funded early years education, Designated Teachers for Children in Our Care and Children Previously in Our Care in maintained schools and academies; and
• Any other person the authority considers appropriate for promoting the educational achievement of relevant children.

The duty applies to children who are in early years' provision (secured by the local authority under section 7(1) of the Childcare Act 2006) and continues throughout the compulsory years of education where the child is in provision funded in part or in full by the state.

Foster carers and residential staff must be ambitious for children and support children to attend and do well in their education.

There must be effective liaison with the school/college and the Virtual School Head.

The Children in Need Review identified that approximately one in ten children have needed a social worker and such children are present in the vast majority of schools. This cohort of children do worse than their peers at every stage of their education and are vastly less likely to go on to further or higher education than their peers. They are more likely to be persistently absent from school and also much more likely to be permanently excluded. Many of these children go on to become Looked After. For many, the pandemic will have increased some of the existing barriers that they faced in education across attendance, learning, behaviour and mental health and wellbeing.

Using their knowledge and expertise from promoting the educational outcomes of looked-after and previously looked-after children, Virtual School Heads will become the strategic leader who champions the educational attendance, attainment and progress of children with a social worker. This non statutory responsibility for promoting the educational outcomes of children with a social worker will be in addition to the existing statutory duties for looked-after and previously-looked-after children.

This means that Virtual School Head will help to:

• Make visible the disadvantages that children with a social worker can experience, enhancing partnerships between education settings and local authorities to help all agencies hold high aspirations for these children;
• Promote practice that supports children's engagement in education, recognising that attending an education setting can be an important factor in helping to keep children safe from harm;
• Level up children's outcomes and narrow the attainment gap so every child can reach their potential. This will include helping to make sure that children with a social worker benefit from support to recover from the impact of COVID-19;
• Developing an expectation that all leaders and professionals supporting children with a social worker should hold high aspirations for this cohort of children, regardless of the child’s background or stage of learning.

Governing bodies of schools and colleges must appoint a Designated Teacher to promote the educational achievement of Children in Our Care and Children Previously in Our Care and ensure that this person has appropriate training.

An up-to-date list of Designated Teachers should be maintained to assist with communications and assist other authorities that have placed children within the authority.

As leaders responsible for ensuring that the local authority discharges its duty to promote the educational achievement of their Children in Our Care and Children Previously in Our Care, Directors of Children's Services and Lead Members for Children's Services should ensure that:

• Schools attended by Children in Our Care are registered. OFSTED's Chief Inspector stresses the importance of ensuring that all placements of Children in Our Care are made with due diligence. Before any placement the local authority should carry out all necessary checks to make certain that schools are registered with the Department for Education;
• Closing the attainment and progress gap between Children in Our Care and their peers and creating a culture of high aspirations for them is a top priority;
• Children in Our Care have access to a suitable range of high quality education placement options and that commissioning services for them takes account of the duty to promote their educational achievement;
• VSHs are in place and have the resources, time, training and support they need to discharge the duty effectively;
• VSHs have robust procedures in place to monitor the attendance and educational progress of the children their authority looks after;
• The authority's Children in Care Council (CiCC) regularly addresses the educational experiences raised by Children in Our Care and is able to respond effectively to such issues.

The Virtual School Head should be the lead responsible officer for ensuring that arrangements are in place to improve the educational experiences and outcomes of the authority's Children in Our Care, including those placed out-of-authority.

VSHs should ensure the educational attainment and progress of children who are Looked After by the local authority is monitored and evaluated as if those children attended a single school.

For Children in Our Care the VSH should ensure that there are effective systems in place to:

• Ensure the status of the child and their entitlement to support is made clear to all the professionals supporting that child;
• Maintain an up-to-date roll of its Children in Our Care who are in school or college settings and gather information about their education placement, attendance and educational progress;
• Inform headteachers and Designated Teachers in schools if they have a child on roll who is Children in Our Care by the VSH's local authority;
• Ensure that social workers, Designated Teachers and schools, carers and IROs understand their role and responsibilities in initiating, developing, reviewing and updating the child's PEP and how they help meet the needs identified in that PEP;
• Ensure up-to-date, effective and high quality PEPs that focus on educational outcomes and that all Children in Our Care, wherever they are placed, have such a PEP;
• Avoid drift or delay in providing suitable educational provision, including special educational provision, and unplanned termination of educational arrangements through proactive multi-agency co-operation. Where this requires negotiation with other authorities this should be completed in a timely manner and with the best interest of the child as paramount;
• Ensure the educational achievement of children Looked After by the authority is seen as a priority by everyone who has responsibilities for promoting their welfare;
• Report regularly on the attainment of Children in Our Care through the authority's corporate parenting structures.

For Children Previously in Our Care the VSH should ensure:

• They promote their educational achievement through the provision of information and advice to their parents, educators and others who the VSH considers necessary;
• That with the Director they establish the extent of their offer to parents or those with Parental Responsibility;
• The child is eligible for support by asking the child's parents or, those who have Parental Responsibility, for evidence of their previously looked-after status (or where this is not possible, to use their discretion in conjunction with the school);
• They respond to requests for advice and information – e.g. advice on school admissions in their area and sign-post them to other services that can offer support and advice;
• They respond to requests for advice and information from providers of early education, Designated Teachers in maintained schools and academies, and providers of alternative provision in their area in respect of individual children supported by the local authority;
• They develop / build on existing good working relationship with Designated Teachers for Children Previously in Our Care in their area;
• They improve awareness of the vulnerability and needs of Children Previously in Our Care by providers of early education, Designated Teachers in maintained schools and academies, and providers of alternative provision in their area in respect of individual children supported by the local authority. This should include promoting good practice on identifying and meeting their needs, and guidance on effective use of the PP+.

However, it is important to note that the local authority is no longer the corporate parent for Children Previously in Our Care. Any intervention in the education of a Child Previously in Our Care must be with the agreement of the person(s) who have Parental Responsibility for the child. They, like all parents, are responsible for overseeing their child's progress in education.

Social workers, Virtual School Heads and Independent Reviewing Officers (IROs), school admission officers and Special Educational Needs departments should work together to ensure that - except in an emergency - appropriate education provision for a child is arranged at the same time as a care placement.

Governing bodies should ensure that appropriate staff have the information they need in relation to a child's Looked After legal status. The Designated Safeguarding Lead, through the Designated Teacher for Children in Our Care and Children Previously in Our Care, should have details of the child's social worker and the name of the Virtual School Head.

A Child Previously in Our Care potentially remains vulnerable and all staff should have the skills, knowledge and understanding to keep Children Previously in Our Care safe. When dealing with Children in Our Care and Children Previously in Our Care, it is important that all agencies work together and prompt action is taken on concerns to safeguard these children, who are a particularly vulnerable group.

The Virtual School Head is integral to ensuring that local authorities discharge their duty to provide suitable advice and information for the purpose of promoting the educational achievement of Children in Our Care and Children Previously in Our Care. They can also undertake any activity they consider appropriate where that activity will promote the educational achievement of such children in their area. The VSH should promote a culture that takes account of the child's views according to age and understanding in identifying and meeting their educational needs.

For Children who have or have had a social worker the VHS should particularly focus on issues such as: attendance, learning and mental health and wellbeing.

They will do this by:

• Enhancing partnerships between education settings and the local authority so agencies can work together;
• Identifying the needs of the cohort and addressing barriers to poor educational outcomes to ensure pupils make educational progress;
• Offering advice and support to key professionals to help children make progress, including through increasing their confidence in using evidence-based interventions.

Virtual School Heads are not being asked to:

• Work with individual children and their families - including tracking and monitoring educational progress of individual children or providing academic or other interventions;
• Respond to requests from parents or carers to offer advice, intervention and support in relation to individual children with a social worker;
• Take responsibility for children with Special Education Needs and Disability (SEND) who do not require or need a social worker.

The VSH has a strategic leadership role to promote the educational attendance, attainment and progress of children with a social worker. This means that they should be:

• Making visible the disadvantages that children with a social worker can experience, enhancing partnerships between education settings and local authorities, including with children’s social care, to help all agencies hold high aspirations for these children;
• Promoting practice that supports children’s engagement in education, recognising that attending an education setting is an important factor in helping to keep children safe from harm;
• Levelling up children’s outcomes to narrow the attainment gap so every child has the opportunity to reach their potential – including helping to ensure that children with a social worker benefit from support to recover educationally from the impact of the pandemic.

• Unaccompanied migrant children looked after by a local authority are entitled to the same local authority support as any other Child in Our Care: to have a safe and stable placement; to receive the care that they need to thrive; and the support they need to fulfil their educational and other outcomes. Some unaccompanied children who have recently arrived in the country may never have had access to education before;
• Appropriate education for unaccompanied children may include a period of time in a setting where their full educational needs can be assessed and integrated into the Personal Education Plan (PEP). They may need time to be prepared for and then become used to formal education, and their initial educational outcomes may include cultural orientation and life skills appropriate to their age. Virtual School Heads, Independent Reviewing Officers, school admission officers and Special Educational Needs departments should work together to ensure that appropriate education provision for the child is arranged at the same time as a placement;
• The local authority should ensure robust procedures are in place to monitor educational progress. This includes securing a culture of commitment to promoting the highest possible educational outcomes for unaccompanied children or child victims of modern slavery. Achieving and implementing the above should be monitored by a senior manager, such as the VSH, who is responsible for making sure their local authority promotes the educational achievement of its Children in Our Care and Children Previously in Our Care.

Designated Teachers should work closely with other staff in school to make sure the child's progress is rigorously monitored and evaluated. They should be able to:

• Judge whether the teaching and learning and intervention strategies being used are working to support achievement and wellbeing; and
• Know whether the young person is likely to meet the attainment targets in their PEP.

If the young person is not on track to meet targets, the Designated Teacher should be instrumental in agreeing the best way forward with them in order to make progress and ensure that this is reflected in the PEP.

A child's Care Plan is reviewed regularly by the authority that looks after them, the first being within 20 working days of being Accommodated. The IRO will ask about the child's educational progress as part of the overall Care Plan review and should have access to the most up-to-date PEP (see Looked After Reviews Procedure).

So that there can be an informed discussion at the statutory review of the Care Plan about the child's progress in school, the Designated Teacher is responsible for ensuring that:

• They review the PEP before the statutory review of the Care Plan, it is up-to-date and contains any new information since the last PEP review, including whether agreed provision is being delivered;
• The PEP is clear about what has or has not been taken forward, noting what resources may be required to further support the child and from where these may be sourced; and
• They pass the updated PEP to the child's social worker and VSH ahead of the statutory review of the Care Plan.

The school and the local authority which looks after the child have a shared responsibility for helping Children in Our Care to achieve and enjoy. The content, implementation and review of the PEP enable both the school and local authority to discuss how they can help achieve this. The PEP review should be done through a meeting involving the social worker, the young person, carers and others, such as the VSH.

The PEP must include the contact details of the Virtual School Head for the authority that looks after the child.

As soon as a child becomes looked after (if not before), the child's social worker must notify the education service where the child is placed.

If the child is known to have an Education, Health and Care Plan or to be under assessment, the social worker should ensure the relevant SEN adviser is informed.

The child's social worker must also inform the Designated Teacher at the child's school within 48 hours of the child becoming looked after and a Personal Education Plan meeting arranged. Regular liaison should then be maintained.

All Children in Our Care and Children Previously in Our Care are eligible for PP+ funding. This is additional funding provided to help improve the attainment of Children in Our Care and Children Previously in Our Care and close the attainment gap between this group and their peers. It is not a personal budget for individual children. The extra funding provided by the Pupil Premium Plus reflects the significant additional barriers faced by Children in Our Care and Children Previously in Our Care. The Designated Teacher has an important role in ensuring the specific needs of Children in Our Care and Children Previously in Our Care are understood by the school's staff and reflected in how the school may use the Pupil Premium Plus to support these children.

The Pupil Premium Plus for Children in Our Care is managed by the VSH. However the Pupil Premium Plus for Child Previously in Our Care is managed by the school.

The Pupil Premium Plus is a key component in ensuring resources are available to support the child's Personal Education Plan and the plan should clarify what the support is and how it will be delivered.

The first PEP should be in place as part of a Care Plan within 10 working days of a child becoming Looked After.

The child's social worker should arrange a meeting to draw up the first PEP which should include the Designated Teacher at the school (where the child has a school place), the residential staff/carer and any other relevant professionals; and should involve the child and parents as far as is appropriate and possible.

Where the child is excluded from school, the Head Teacher should be invited.

Where the child has no school place, the relevant education officer should be invited and asked to assist in the search for a school place. The SEN adviser should also be asked to assist as appropriate. 

The first PEP should:

• Identify the educational and social factors that may have caused or may cause in the future a detrimental effect on the child's educational achievement;
• Identify the support required to reduce the impact of these factors;
• Identify the child's immediate and priority needs and targets, (e.g. to maintain the current school place, make transport arrangements, find a new school, obtain short-term interim education);
• Incorporate any SEN Support Plan or other school-based plan;
• Identify a named person for the day to day management of the PEP and establish lines of communication between the staff/carer, school/education staff and social worker - the basis of a working partnership;
• Establish boundaries of confidentiality;
• Agree a date for the next PEP review meeting and how and when the next (full) PEP is going to be drawn up.

The completed PEP should be distributed to the child, parents, staff/carers and all others invited to the meeting. A copy should also be sent to the child's Independent Reviewing Officer.

N.B. The provision of education for pupils with Education, Health and Care Plans can only be changed if the child's statement has been amended at an annual review.

Where a child has an Education, Health and Care Plan (previously a statement of special educational needs), the Plan must be transferred – see the Children and Young People Aged 0-25 with Special Educational Needs and Disabilities Procedure.

At least one member of staff in the school - the Designated Teacher or the Head Teacher - must be informed by the social worker within 48 hours that the child is Looked After and be provided with a copy of the child's current PEP. Other members of staff who need to know should be identified at the PEP meeting, taking into account the child's wishes concerning confidentiality.

Where the child is a child previously in our care, sharing of information regarding the child's status is an issue that should be discussed with the parent or person with Parental Responsibility, but impressing upon them the importance of sharing such information where it is assessed the child has educational needs as a result of being Previously in Our Care, or where a previous school has supported the child on this basis.

A change of school at any time needs the agreement of the relevant local education service maintaining the Education, Health and Care Plan. This needs to be planned for as early as possible as it can cause long delays.

The child's social worker should ensure that they are aware of the current position with regard to the Plan, including any additional support provided and by whom.

A meeting should be held at the new school as soon as practicable.

A new or updated PEP should be in place within the first 20 days of a child joining a new school. Subsequent PEPs should correspond with the Looked After Review cycle.

The first PEP in a new school should:

• Identify the child's immediate and priority needs (e.g. English as an additional language, literacy support, behaviour management, mental health issues);
• Establish contact between residential staff/carer, school staff and social worker - the basis of a working partnership;
• Identify a named person for the day to day management of the PEP and agree who contacts whom about what;
• Establish boundaries of confidentiality;
• Share important information - perhaps including the Placement Plan;
• Clarify how PP+ will be used to support the child;
• Ensure records are forwarded from the previous school and/or carer;
• Agree a date for the next PEP review meeting and how and when the next full PEP is going to be drawn up (this needs to take account of the Looked After Review cycle because the PEP has to be ready before or at the Review; but also term dates, parents evenings, school target setting days, reviews of the SEN Support Plans, annual reviews of Education, Health and Care Plans etc.).

The completed PEP should be distributed to those invited to the meeting and the child's Independent Reviewing Officer.

Children without a school place should still have an up-to-date PEP. It should address the child's immediate educational needs and the longer-term planning.

Where the child does not have a school place because one cannot be found, or because mainstream school is not appropriate to their needs, the child's social worker should notify and seek assistance from the education service (and the SEN adviser, in appropriate cases). The local education service should identify a school place within 20 working days at the latest; and should be asked to provide alternative education if a school place cannot be found immediately or is not appropriate.

Where the child does not have a school place because one cannot be found, or the child has been placed at very short notice, the child's social worker should notify the education service in the area where the child is placed and request that a school be identified for the child as soon as possible. The assistance of the local education service (and the local SEN adviser if appropriate) should also be sought. Unless Section 7.4, Pupils with Education, Health and Care Plans applies, the education service local to the placement should identify a school place within 20 working days at the latest; and should be asked to provide alternative education if a school place cannot be found immediately or is not appropriate.

Applications for school places for pupils with an Education, Health and Care Plan should be made through the special needs section of the local education service maintaining the plan, not directly. This needs to be planned for as early as possible as it can cause long delays. 

See: Children and Young People Aged 0-25 with Special Educational Needs and Disabilities Procedure.

Following induction, all staff should have read the child protection policy and have an awareness of safeguarding issues and be clear about how to report concerns and who they should report to. Staff should receive training and guidance so they can recognise signs that a child is being drawn into anti-social or criminal behaviour (including gang involvement) and understand how behaviours linked to issues such as drug taking, alcohol abuse, deliberately missing education and sexting (also known as youth produced sexual imagery) put children in danger (see also Section 8.2, Protecting children in our care from sexual harassment and child on child abuse and Section 8.5, Serious Violence).

All children should feel and be safe in the school they attend. Children with a Social Worker, Children in Our Care and Children Previously in Our Care are all particularly vulnerable. The aim of safeguarding and promoting the welfare of all children in education should be:

• Protecting them from maltreatment;
• Preventing any impairment of their mental and physical health or development;
• Ensuring they are growing up in circumstances consistent with safe and effective care;
• Taking action to enable them to have the best outcomes.

Schools must have procedures in place to protect all children, but particularly vulnerable groups of children such as Children in Our Care, from unwanted and damaging interactions with their peers.

For further information, please see: Part 5 of Keeping Children Safe in Education - Child on Child Sexual Violence and Sexual Harassment.

All staff should be aware that safeguarding issues can manifest themselves via child on child abuse. This can include (but is not limited to):

• Bullying (including cyberbullying);
• Physical abuse such as hitting, kicking, shaking, biting, hair pulling, or otherwise causing physical harm;
• Initiating/hazing type violence and rituals;
• Sexual violence such as rape, assault by penetration and sexual assault;
• Sexual harassment such as sexual comments, remarks, jokes and online sexual harassment, which may be stand-alone or part of a broader pattern of abuse;
• Upskirting which typically involves taking a picture under a person's clothing without them knowing, with the intention of viewing their genitals or buttocks to obtain sexual gratification, or cause the victim humiliation, distress or alarm;
• Sexting (also known as youth produced sexual imagery).

An Ofsted thematic review (Review of Sexual Abuse in Schools and Colleges (Ofsted, June 2021)) identified substantial levels of sexual harassment for both girls (90%) and boys (nearly 50%) and that in a number of schools this went unreported as a result of the school's 'culture' – a part of which appeared to be that staff were not aware; did not countenance that this could happen, and because once it was discussed (the children) feared the process would be out of their control.

Keeping Children Safe in Education highlights that, 'Sexual violence and sexual harassment can occur between two children of any age and sex, from primary through to secondary stage and into colleges. It can occur through a group of children sexually assaulting or sexually harassing a single child or group of children. Sexual violence and sexual harassment exist on a continuum and may overlap; they can occur online and face to face (both physically and verbally) and are never acceptable. As set out in Part one of this guidance, all staff working with children are advised to maintain an attitude of 'it could happen here'. Further, that given children and young people's reluctance to come forward, staff should take into account that they may 'overhear conversations' that a child may have been harmed.

The Ofsted Report reflects that school and college leaders should create a culture where sexual harassment and online sexual abuse are not tolerated, and where they identify issues and intervene early to better protect children and young people.

Schools and colleges should assume that sexual harassment and online sexual abuse are happening in their setting, even when there are no specific reports, and put in place a whole-school approach to address them of which all staff are aware. This should include:

• A Relationships Education, Relationships and Sex Education (RSE) and Health Education curriculum, based on the Department for Education's statutory guidance, that includes sexual harassment and sexual violence, including inappropriate online material;
• Routine record-keeping and analysis of sexual harassment and sexual violence, including online, to identify patterns and intervene early to prevent abuse. These should be routinely reviewed;
• A behavioural approach, including sanctions when appropriate, to reinforce a culture where sexual harassment and online sexual abuse are not tolerated;
• Working closely with Local Safeguarding Partnerships in the area where the school or college is located so they are aware of the range of support available to children and young people who are victims or who perpetrate harmful sexual behaviour;
• Training to ensure that all staff (and governors, where relevant) are able to better understand the definitions of sexual harassment and sexual violence, including online sexual abuse and identify early signs of child-on-child sexual abuse.

Child on child abuse also indicates that there will be an identified, or alleged, perpetrator. It may well be the case in some instances that they themselves have been a victim of abuse. If established, there will be the need to ensure they are separated from the complainant (child); offered further support at school/college, and possibly specialist work regarding their behaviour; provided with an education, safeguarding support as appropriate, as well as implementing any disciplinary sanctions.

Keeping Children Safe in Education identifies there are 4 basic options for schools in decision-making:

• Managing the situation internally – where concerns are one-off for example and undertaken in a zero tolerance framework. These should be recorded;
• Early Help – providing support (and including external specialist services as appropriate and with parent's permission); particularly where non-violent sexual harassment has occurred. (Keeping Children Safe in Education notes a range of support services children can be referred to);
• Referring to Children's Services - where there has been harm risk of harm or immediate danger;
• Reporting to the Police - where there are reports of rape or other serious sexual assault.

Schools must be aware that sexual assault can result in a range of health needs, physically, mentally and sexually. Children who experience health problems can access support from the NHS Sexual Assault Referral Centre (SARC).

(Keeping Children Safe in Education notes a range of support services children can be referred to by the police and Children's Services.)

Social workers, residential care staff and foster carers should ensure they are:

• Aware of a child's school/college's safeguarding policy, particularly with regard to sexual harassment;
• Support the child to complain/advise the relevant Designated Teacher of any actions or behaviour they have experienced in this regard; or,
• Refer the safeguarding concerns themselves to the Designated Teacher directly but ensuring the child is involved, particularly in significant circumstances;
• Where appropriate, consider a multi-agency section 47 Strategy Meeting;
• Support the Child in Our Care within the school/college's statutory guidance framework, whether the child has been subject to sexual harassment or is considered to be the perpetrator of it;
• Where required, ensure the Virtual School Head is aware;
• If necessary, consider an appeal to the School's Governors if there is disagreement or unhappiness with the implementation of the school's policy;
• Where appropriate and proportionate, advise the child's parents or person with parental responsibility.

Child Previously in Our Care: With regard to children attending school and college, parents / carers should be supported and enabled to work with a school or college as above, to ensure the child's best interests and welfare are maintained. This might include using an Advocate, health resource or appropriate voluntary organisation as required (see Section 1.2, Promoting the Educational Achievement of Children Previously in Our Care)

Universities and Colleges: The House of Commons Library Briefing on 'Sexual Harassment in Education, (2021)' acknowledges that Universities and Colleges of Further Education face different challenges to school with regard to the welfare and protection of students because most students are adults. It is therefore complicated where students are living and socialising together. Nevertheless, such bodies, 'have a duty under the Equalities Act 2010 to eliminate discrimination, to promote equality and to foster good relations between groups. These duties must be implemented whilst allowing adult students freedom and autonomy. This can be a difficult balance to achieve' (see Section 1, Duty to Promote the Educational Achievement of Children in Our Care and Children Previously in Our Care).

The evidence is that there has been increasing concern regarding levels of sexual harassment at Universities and Colleges of Further Education. This has led to a number of universities through  'Universities UK' to progress a framework and guidance for dealing with complaints and allegations.

Additionally, a majority of Universities have established 'Consent Classes' in respect of student's sexual behaviour and a number have made these obligatory for new students.

Children Previously in Our Care attending a university or college should be encouraged and assisted to make themselves aware of their university's policies and practice on this and, where appropriate and wanted, seek out services and resources, (on or off campus), that might offer ongoing support to a Child Previously in Our Care who might need or require this.

Schools and colleges should have their own processes and procedures in place to manage any safeguarding concerns or allegations, no matter how small, about staff members (including supply staff, volunteers, and contractors).

These procedures should be consistent with local safeguarding procedures and practice guidance.

They should make clear to whom allegations and concerns should be reported and that this should be done without delay. It is crucial that any such concerns, including those which do not meet the harm threshold are shared responsibly and with the right person, and recorded and dealt with appropriately.

Managing allegations that may meet the harm threshold

An allegation may relate to a person who works with children who has:

• Behaved in a way that has harmed a child, or may have harmed a child; and/or
• Possibly committed a criminal offence against or related to a child; and/or
• Behaved towards a child or children in a way that indicates they may pose a risk of harm to children; and/or
• Behaved or may have behaved in a way that indicates they may not be suitable to work with children.

Concerns that do not meet the harm threshold

Schools should also set out their policy and procedure on dealing with concerns where the threshold for an allegation is not met. Keeping Children Safe in Education defines a low level concern as any concern, even if no more than causing a sense of unease or a 'nagging doubt' - that an adult working in or on behalf of the school or college may have acted in a way that:

• Is inconsistent with the staff code of conduct, including inappropriate conduct outside of work;
• Does not meet the allegations threshold (as set out above) or is otherwise not considered serious enough to consider a referral to the LADO.

Examples of such behaviour could include, but are not limited to:

• Being over friendly with children;
• Having favourites;
• Taking photographs of children on their mobile phone;
• Engaging with a child on a one-to-one basis in a secluded area or behind a closed door; or
• Using inappropriate sexualised, intimidating or offensive language.

Such behaviour can exist on a wide spectrum, from the inadvertent or thoughtless, or behaviour that may look to be inappropriate, but might not be in specific circumstances, through to that which is ultimately intended to enable abuse.

For further information, see Keeping Children Safe in Education, Part 4: Allegations made against/Concerns raised in relation to teachers, including supply teachers, other staff, volunteers and contractors.

See also: NSPCC Learning, Responding to Low Level Concerns in Education.

It is essential that social workers, carers and school staff, particularly the Designated Safeguarding Lead, have absolute clarity with regard to who is and is not allowed to have access to any Child in Our Care.

Any suspicion regarding any adult seeking contact with the child, either in person or through social media, during school hours should be reported to the Designated Safeguarding Lead immediately.

Any member of staff who has concerns about anyone working within the school (staff, volunteers) or undertaking work on or near school premises (contractors, advisors, catering and so forth) must inform a senior member of staff immediately.

The child's social worker must then be informed and child protection procedures then followed. Staff will also need to be aware of issues such as forced marriage and Female Genital Mutilation (FGM) that may have led to some children becoming looked after.

NOTE: Information does not refer simply to written or electronically stored records. It also refers to other kinds of information such as biometric data (for example, use of finger prints to receive school dinners or to enter buildings).

UK GDPR does not prevent, or limit, the sharing of information for the purposes of keeping children safe. Lawful and secure information sharing between schools, Children's Social Care, and other local agencies, is essential for keeping children safe and ensuring they get the support they need.

When Designated Safeguarding Leads in schools are considering whether, or not, to share safeguarding information (especially with other agencies) it is considered best practice for them to record who they are sharing that information with and for what reason. If they have taken a decision not to seek consent from the data subject and/or parent/carer that should also be recorded within the safeguarding file.

All relevant information can be shared without consent if to gain consent would place a child at risk. Fears about sharing information must not be allowed to stand in the way of promoting the welfare and protecting the safety of children. As with all data sharing, appropriate organisational and technical safeguards should still be in place.

All staff should be aware of indicators, which may signal that children are at risk from, or are involved with serious violent crime. Indicators may include increased absence from school, a change in friendships or relationships with older individuals or groups, a significant decline in performance, signs of self- harm or a significant change in wellbeing or signs of assault or unexplained injuries. Unexplained gifts or new possessions could also indicate that children have been approached by, or are involved with, individuals associated with sexual exploitation, criminal networks or gangs.

Bearing in mind the reluctance of children to come forward, staff should take into account that they may 'overhear conversations' that a child may have been harmed and should act accordingly.

Children in Our Care and Children Previously in Our Care are particularly vulnerable to being targeted by gangs. Carers, social workers and school staff should be proactive and share any concerns at the earliest possible time.

For further information, please see:

• Advice to schools and colleges on gangs and youth violence;
• Criminal exploitation of children and vulnerable adults: county lines.

There is a whole range of risk taking behaviours that Children with a Social Worker, Children in Our Care and Children Previously in Our Care could be involved in ranging from gang based activities to drug and alcohol abuse and/or radicalisation.

It is important to be aware that some children with a social worker will become Looked After.

A child going missing from education is a potential indicator of abuse or neglect and such children are at risk of being victims of harm, exploitation or radicalisation.

School and college staff should follow their procedures for unauthorised absence and for dealing with children that go missing from education, particularly on repeat occasions, to help identify the risk of abuse and neglect, including sexual or criminal exploitation, and to help prevent the risks of going missing in future. It is essential that all staff are alert to signs to look out for and the individual triggers to be aware of when considering the risks of potential safeguarding concerns such as travelling to conflict zones, female genital mutilation and forced marriage.

Further information about children at risk of missing education can be found in the Children Missing Education - Statutory guidance for local authorities.

Where necessary, the Children Missing from Care Procedure must be followed - see the Safeguarding Children Partnership Procedures.

A Child in Our Care's educational attainments at Key Stages 1-3, GCSE, A Level and GNVQ should be recorded, including on the electronic record and in the PEP.

Children in Our Care and Children Previously in Our Care have disproportionately high rates of exclusion and are particularly vulnerable to the impacts of exclusions. Headteachers should, as far as possible, avoid excluding Children in Our Care and Children Previously in Our Care. Exclusion from school should be a last resort and it is important therefore to work with the school and carers to intervene as soon as a child's behaviour becomes a cause for concern.

Where a school has concerns about the behaviour of a Child in Our Care or Previously in Our Care which could result in the child being excluded from school, the child's parents or carers should be advised and they, and/or the school's Designated Teacher, should seek the advice of the VSH on strategies to support the child to avoid exclusion. If the child is a Child in Need (Section 17 Children Act 1989), the social worker should be made aware as soon as possible and, where appropriate, a Child in Need meeting or review convened.

Where a child is excluded from school for a fixed period, the school will provide work for the child for the first 5 days of the exclusion. The social worker must liaise with the residential staff/carers about suitable arrangements for supervising the child doing the schoolwork during the day and ensuring the child does not go out during school hours. With effect from the 6th day the school should provide a place for the child to be educated.

The school will communicate the reasons for the exclusion to the residential staff/carer and the social worker. Whoever is the most appropriate one to do so will discuss this with the child. The social worker should inform the parents, if appropriate.

The social worker, in consultation with the child and parents, must seek advice as to whether to appeal against the decision to exclude the child.

If the child is in primary school and receives a fixed term exclusion or is in secondary school and is excluded for more than 5 days, the social worker should ensure a reintegration meeting is held within the 5 days to discuss their return and how best this can be supported.

When a child is permanently excluded but is remaining in the same foster or residential placement, the social worker will liaise urgently with the local education service in which the child is living to find an alternative school placement. Again, for the first 5 days of the exclusion the school will provide work and the child should not be out unaccompanied in public during school hours. From the 6th day the local authority will arrange for a place for the child to be educated.

In the case of permanent exclusion a meeting of a committee of governors will be held within 15 days to review the decision. If the committee decides to uphold the decision to permanently exclude, an appeal can be made within 15 school days. The appeals form can be completed by a foster carer or anyone who has Parental Responsibility for the child.

See also: Exclusion from Maintained Schools, Academies and Pupil Referral Units in England: A Guide for those with Legal Responsibilities in Relation to Exclusion.