Education policy and practice guidance

Young people have the right to an education.

Articles 28 and 29 of the United Nations Convention of the Rights of the Child (UNCRC) are aimed at the development of a young person’s personality, talents, and mental and physical abilities to their fullest potential.

In Wales, education is guided by several pieces of legislation, including the Education Act 2002, the Well-being of Future Generations (Wales) Act 2015 and the Equality Act 2010. In addition, there are legal duties within the statutory guidance, ‘Keeping Learners Safe’ (2021).

Education Act 2002

Under section 175 of the Education Act 2002, Welsh Ministers have powers to safeguard children and young people and promote their welfare.

Designated Safeguarding Person (DSP)

Every education or alternative provision setting should have a Designated Safeguarding Person (DSP) with lead responsibility for safeguarding. The DSP has strategic responsibilities that include working with other agencies to support effective multi-agency working and contributing to coordinated responses to meet the needs of young people.

School and College Governors or Management Committees

All school and college governors or management committees should have relevant safeguarding and child protection training. This should consist of a minimum of the Keeping Learners Safe (2021) modules and be aimed at sufficient understanding of child criminal exploitation to fulfil their safeguarding duties to the school, college, or education setting.

Education Otherwise Than At School (EOTAS)

EOTAS provision is education that is aimed at meeting the needs of young people who cannot attend mainstream school. This can include, but is not limited to, Pupil Referral Units (PRUs), individual pathways, and other forms of independent or voluntary sector provision

Keeping Learners Safe 2021

The Welsh Government outlines the safeguarding responsibilities for education practitioners in the statutory guidance, ‘Keeping Learners Safe’ (2021). This guidance must be followed by nurseries, schools, governing bodies, further education colleges and local authorities. It is also recommended for youth services, work-based learning providers, EOTAS providers and higher education providers.

The guidance states that education settings have a legal duty to protect and promote young people’s well-being up until the age of 18. This guidance draws upon the Social Services Wellbeing (Wales) Act 2014.

Multi-agency partnership working

Education settings are seen as part of the wider safeguarding system for young people especially as they may be the only agency who engages with young people and their families. They are perceived as the ideal place to identify early concerns, provide help and support and make appropriate referrals.

Education settings must work with local authorities, the police, health services and other services to protect children and young people from harm

Well-being of Future Generations (Wales) Act 2015

Under the Well-being of Future Generations (Wales) Act 2015, education staff must focus on preventative work to reduce the impact of what is known as ‘Adverse Childhood Experiences’ (ACEs). These are childhood experiences that directly harm a young person. This includes harm to the young person such as child abuse or neglect as well as harm they experience in their environment such as parental substance misuse or parental separation. This is based on research findings that suggest ACEs have a negative impact on child development that may lead to health difficulties later in life (Bellis et al., 2015).

While the presence of ACEs may show that a young person is at an increased risk of being groomed into child criminal exploitation, the Serious Violence Strategy (HM Government, 2018) has warned against using risk factors to predict future behaviour.

Equality Act 2010

The Equality Act 2010 places a legal duty on governing bodies and education providers to make sure their practice does not discriminate against young people who are pupils at, or who are applying to, a school. The Act protects everyone from discrimination, harassment and victimisation based on protected characteristics, which include disability, race, religion or belief, sex, sexual orientation, gender reassignment, marriage and civil partnership, pregnancy and maternity. The Act also considers socio-economic inequalities.

This responsibility exists even when young people are absent, have been temporarily excluded and includes former pupils of the education setting.

Additional Learning Needs and Education Tribunal (Wales) Act 2018

The Additional Learning Needs and Education Tribunal (Wales) Act 2018 provides a statutory framework for local authorities, education providers, governing bodies, youth offending teams, and health providers. Its aim is to support young people who have additional learning needs. It came into force in September 2021 and replaced the former special educational needs framework.

Individual Learning Plan (IDPs)

Section 10 of the Act states that Individual Development Plans (IDPs) should be created for every young person up to the age of 25 who has an additional learning need, regardless of the severity.

Individual Development Plans replace Statements and Individual Education Plans for children and young people on the School Action or School Action Plus system.

Education providers are responsible for identifying young people with additional learning needs. The plan should be reviewed regularly and updated to meet the care and support needs of the child or young person, where appropriate. It is either the responsibility of schools or local authority.