Education of Children Looked After

1. Duty to Promote the Educational Achievement of Children/Young People with a Social Worker, Children Looked After and Previously Looked After

Under section 22 (3A) of the Children Act 1989, Local Authorities have a duty to promote the educational achievement of Children Looked After. 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).

Governing bodies of schools and colleges must appoint a Designated Teacher to promote the educational achievement of Children Looked After and Previously Looked After and to ensure that this person has appropriate senior leadership status, on-going training and designated time to undertake their responsibilities.

An up-to-date list of Designated Teachers should be maintained to assist with communications and assist other authorities that have placed Children Looked After within their education setting.

As leaders responsible for ensuring that the Local Authority discharges its duty to promote the educational achievement of their Children Looked After, Directors of Children's Services and Lead Members for Children's Services should ensure that:

• Closing the attainment and progress gap between Children Looked After and their peers and creating a culture of high aspirations for them is a top priority;
• Children Looked After 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 Looked After 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 all children in the care of the Local Authority, including those placed out of county.

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

The VSH should ensure that there are effective systems in place to:

• Maintain an up-to-date roll of its Children Looked After 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 Looked After 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 Looked After, wherever they are placed, have such a PEP;
• Ensure the educational achievement of children/young people Looked After by the authority is seen as a priority by everyone who has responsibilities for promoting their welfare in line with the Corporate Parenting duty;
• Report regularly on the attainment of Children Looked After through the authority's corporate parenting structures.

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 (whether they are looked after under voluntary arrangements with consent of parents or on an interim or full Care Order), and contact arrangements with birth parents or those with Parental Responsibility. They should also have information about the child's care arrangements and the levels of authority delegated to the carer. The designated safeguarding lead, through the Designated Teacher for Children Looked After, should have details of the child's social worker and the name of the Virtual School Head.

The Virtual School Head should promote a culture that takes account of the child's views according to age and understanding in identifying and meeting their educational needs.

In addition, the VSH has a strategic role in improving outcomes for all children/young people who have, or have had, 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, guidance and support to key professionals.

1.2 Promoting the Educational Achievement of Children/Young People who Have, or Have Had, a Social Worker in the last Six Years

See: Promoting the Education of Children with a Social Worker and Children in Kinship Care Arrangements: Virtual School Head Role Extension

VSH leadership is vital now more than ever given the impact the pandemic has had on the learning of all children/young people but none more so than the most vulnerable. For example, in the 2020/21 academic year Children in Need (CiN) lost an average of 4.1 months of learning in secondary school reading compared with 2.4 months for all children/young people. Children/young people with a social worker are around 3 times more likely to be persistently absent from school and between 2 to 4 times more likely to be permanently excluded from school than their peers.

Who are CWSW?

Includes all children/young people who have been assessed as needing or previously needing a social worker within the past 6 years due to safeguarding and/or welfare reasons. It includes all children/young people aged 0 to 18 across all education settings subject to a CiN plan or a Child Protection plan.

The Government's Children in Need review (2019) identified that approximately one in ten children/young people have needed a social worker and such children/young people are present in the vast majority of schools. This cohort of children/young people do less well than their peers at every stage of their education and are less likely to go on to further or higher education They are more likely to be persistently absent from school and also much more likely to be permanently excluded. The research suggests that up to 69% of children/young people on a Child in Need Plan will become Looked after withing 5 years. 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 Children Looked After and Previously Looked After  Virtual School Heads will become the strategic leader who champions the educational attendance, attainment and progress of children/young people with a social worker. This non statutory responsibility for promoting the educational outcomes of children/young people with a social worker will be in addition to the existing statutory duties for Children Looked After and Previously Looked After.

The Extended Duties role of the VSH

• Make visible the disadvantages that children/young people with a social worker can experience, enhancing partnerships between education settings and local authorities, including with children/young people's social care;
• Promote practice that supports children/young people's engagement in education, recognising that attending an education setting can be an important factor in helping to keep children/young people safe from harm;
• Level up children/young people's outcomes and narrow the attainment gap so every child can reach their potential. This will include helping to ensure that children/young people with a social worker benefit from support to recover educationally from the impact of the pandemic.

Identify needs and address barriers

• Use data and analysis to understand and monitor the cohort's needs including making links to local strategic priorities e.g., attendance, suspension, and permanent exclusion rates;
• Share knowledge and expertise to strengthen how education settings and social care understand the impact of adversity on learning and educational outcomes of children/young people;
• Promote professional practice for education settings and Local Authorities.

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

Mental health and wellbeing

• VSHs should work with their local authority lead for mental health, responsible for linking with education settings;
• The VSH should ensure that mental health training includes:
  • The value of a graduated approach to assessing, understanding, and meeting the social, emotional, and mental health needs of children and young people with a social worker;
  • How to identify signs of potential mental health issues for children/young people with a social worker and how to access further assessment and support where necessary;
  • Understanding the impact of issues that children/young people with a social worker can experience and that settings are able to offer targeted support to meet the needs of these children/young people;
  • How to recognise the value of engaging the child's voice in the process of identification and support.
• VSHs may also want to work with individual school senior mental health leads (SMHL), where the role exists, to ensure children/young people with a social worker are factored into the school's strategy on mental health and wellbeing.

Recovery programmes

VSHs and work with education settings to ensure these children/young people are tracked to progress their educational attainment and referred to other services as needed.

SEN

• A significant proportion of children/young people with a social worker may also be identified as having Special Educational Needs (SEN) or may be disabled;
• VSHs should work strategically with the Local Authority Head of SEND and, where appropriate, with school leaders and SENCOs, to ensure that education settings adopt a graduated approach.

Advice and guidance

• VSHs are not being asked to work with individual children/young people with a social worker as replicating existing professional relationships and support would be counterproductive and burdensome to children/young people and their families;
• VSHs will be best placed to offer advice and information to professionals who are providing direct support to these children/young people;
• Identify and establish links with key professionals e.g., DSL, social workers, headteachers, governors, SENCOs, SMHLs, other local authority officers, including Designated Social Care Officers (DSCOs) for SEND;
• Provide advice on evidence-based interventions that can address barriers to learning, such as those highlighted by What Works for Children's Social Care;
• Engage with research organisations to help develop good practice and build a strong evidence base for what works to improve outcomes of children/young people with social workers;
• Support education settings and social care to be creative and thoughtful in building relationships with children/young people and families.

Research

• VSHs will be invited to participate in research commissioned by the Department to capture emerging practice and contribute to the development of a strong evidence base for how they can effectively promote the educational outcomes of children/young people with social workers;
• The Department will ask all local authorities to share data and information about how their VSH has been supporting children/young people with a social worker and what funding has been used for that support;
• Some Local Authorities, including VSHs, their teams, and partner agencies, will be invited to take part in focused interviews to build detailed case studies.

2. The Personal Education Plan (PEP)

The Personal Education Plan (PEP) allows the social worker, residential staff/carer, and Designated Teacher at the child's school or, where the child has no school place, the education service, in conjunction with the child, to explore the child’s strengths, areas for development and aspirations. It captures what needs to happen to support the educational needs of the child. The ePEP is designed to help schools to focus on the child's educational attainment and progress and to identify interventions that will accelerate educational achievement in each individual child. The Virtual School Education Adviser will offer support to the Designated Teacher if needed in setting targets, but the school will chair the PEPs.

All Children Looked After of statutory school age and in Year 12 and 13, must have a PEP, whether currently in education or not.

The Virtual School Education Advisers do not usually attend all PEPs. They will quality assure the PEP once it is completed by both the Social Worker and the Designated Teacher.

The Designated Teacher leads on how the PEP is developed and used in school to make sure the child's progress towards education targets is monitored, with the Virtual School carrying out a quality assurance role to ensure that it is a robust, high quality plan to promote progress and achievement.

All of those involved in the PEP process at all stages should involve the child (according to understanding and ability) and, where appropriate, the child's parent and/or relevant family member.

The PEP is an evolving record, and arrangements for the flow of information to develop, review and update the PEP should be in place to ensure the VSH, Designated Teacher, carer and, where appropriate, child /young person and parent have a copy of the latest version of the document. PEPs must be reviewed each school term.

The PEP should set clear objectives and targets for the child /young person, covering four main areas:

• An achievement record (academic or otherwise);
• Developmental or educational needs;
• Short term targets;
• Long term plans and aspirations.

The Care Planning, Placement and Case Review Regulations (2010) (no updated information available) advise that the following should be included in the PEP:

1. Chronology of education and training history which provides a record of the child /young person's educational experience and progress in terms of National Curriculum levels of attainment, including information about educational settings attended and the reasons for change of settings, attendance, exclusions, academic and other achievements, any special educational needs, an indication of the extent to which the child's education has been disrupted before entering care or accommodation;
2. Existing arrangements for education and training, including details of any special educational provision and any other provision to meet the child's educational or training needs and promote educational achievement;
3. Any planned changes to existing arrangements and provision to minimise disruption;
4. The child's leisure interests;
5. Role of the appropriate person and any other person who cares for the child in promoting the child’s educational achievements and leisure interests;
6. Details of who will take the plan forward, with timescales for action and review.

The PEP should:

• Identify developmental (including any related to attachment) and educational needs (short and longer term) in relation to skills, knowledge, subject areas and experiences;
• Include SMART short-term targets, including progress monitoring of each of the areas identified against development and educational needs;
• Include SMART longer-term plans for educational targets and aspirations. These should, according to age and understanding, typically focus on public examinations, further and higher education, managing money and savings, work experience and career plans and aspirations;
• Identify actions, with time scales, for specific individuals intended to support the achievement of agreed targets and use of any additional resources (e.g. the pupil premium) specifically designated to support the attainment of Children Looked After;
• Highlight access to effective intervention strategies and how this will make/has made a difference to achievement levels.

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

The PEP provides essential information to ensure that appropriate support is in place to enable the child to achieve the targets set. It is also a record of the child's interests and achievement.

An overview of the PEP Process (in the PEP Flowchart), Detailed Guidance (The PEP Process Explained) and LCS Guidance on the PEP are available at the Virtual School website.

Separated Migrant Children

• Separated migrant children looked after by a Local Authority are entitled to the same Local Authority support as any other Child Looked After: to have a safe and stable placement; to receive the care that they need to thrive; and the support they need to fulfill their educational and other outcomes. Some separated migrant children who have recently arrived in the country may never have had access to education before;
• Appropriate education for separated migrant 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 separated migrant 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 all its Children known to a Social Worker including, Children Looked After and Previously Looked After.

3. When a Child First Becomes Looked After

3.1 Notification

As soon as a child becomes looked after (if not possible beforehand), the child's social worker must notify the education setting 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 adviser is informed.

The Brokerage Service send a notification of placement email to the social worker. Social Workers have log in access to Welfare Call who will support the completion of the first PEP The social worker (and Education Adviser if necessary) must inform the Designated Teacher at the child's school within 48 hours of the child becoming looked after and arrange a Personal Education Plan meeting. Regular liaison should then be maintained. The social worker should make sure that the Designated Teacher initiates the Personal Education Plan on the Welfare Call site.

3.2 The First Personal Education Plan

The Care Planning, Placement and Case Review Regulations 2010 set out that, where possible, a PEP should be initiated as part of the Care Planning process before a child becomes looked after. In the case of an emergency placement the PEP should be initiated within 10 days and be available for the first review. In Hertfordshire the first PEP should be in place within the first 14 working days of a child becoming Looked After.

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

Where the child has no school place, the relevant education officer (Education Adviser and / or Integration Team officer should be involved as early as possible and will assist in the search for a school place. The EHCCo will support the consultation process where a child has an EHC Plan.

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);
• Identify educational targets to accelerate achievement / enable the child to achieve as expected, using existing assessment data for a child who is already attending the school), and using the previous school's data for a child who is new to the school;
• 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 meeting;
• 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 Education, Health and Care Plan has been amended at an annual review. For guidance, please refer to the Hertfordshire PEP flow diagram, and document 'The PEP Process Explained' on the Virtual School website.

4. When a Child Moves to a New Local Authority

If a child is going to live in  different local authority but continues to attend the same school as before, the procedure outlined in Section 3.2, The First Personal Education Plan applies.

If the child is going to live in a different local authority and will need a new school, efforts to obtain a school place should (unless it is an emergency placement) begin well before they move to a new area. The child’s social worker and Education Adviser should liaise with the relevant educational setting. The EHCCo needs to be involved prior to a move if the child has an EHCP. The new school should be provided with a full educational history.

Whenever possible a child should not be moved to a new home until s/he also has a school place.

Where the child does not have a school place - see Section 6, When a Child has no School Place.

Pupils with Education, Health and Care Plans

Where a child has an Education, Health and Care Plan (previously a statement of special educational needs), the Plan must be transferred - see 0-25 Together Service.

5. When a Child Needs or Joins a New School

The child, their social worker,  their foster carers and, if appropriate, birth parents and VS Education Adviser should work together to find a suitable educational setting that can meet the child’s needs. Children Looked After have  the highest priority within school admission arrangements. VSHs, working with education settings, should implement pupil premium arrangements for Children Looked After.

See School Admissions Code. From 1 September 2021, the Code provides that children/young people being raised by Kinship Carers under a Special Guardianship Order or Child Arrangements Order, who struggle to get a school place during the year, will be supported in finding one.

Schools judged by Ofsted to be 'good' or 'outstanding' should be prioritised for Children Looked After in need of a new school. Unless there are exceptional evidence-based reasons, Children Looked After should never be placed in a school judged by Ofsted to be 'inadequate'.

The child's wishes and feelings should be taken into account and the suitability of the education setting tested by arranging an informal visit with the child.

In Hertfordshire, the Education Adviser leads on securing a school setting and can be supported by the Inclusion. Changes of school should be minimised to avoid disruption to the child's education and should not take place in the middle of a school year or in years 10 and 11, unless this is unavoidable.

School details will need to be amended on LCS by the child's social worker.

5.1 Notification

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 by the Designated Teacher and involved at the PEP meeting, taking into account the child's wishes concerning confidentiality.

5.2 Pupils with Education, Health and Care Plans

A change of school at any time needs good forward planning to consult with possible education settings. The  local authority where the child lives maintains the Education, Health and Care Plan. The child's social worker should ensure that he/she is aware of the current position with regard to the Education, Health and Care Plan, including any additional support provided and by whom.

5.3 The First PEP in a New School for a Child with an EHCP

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

A new or updated PEP should be in place within 14 school 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);
• 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;
• Ensure records are forwarded from the previous school and/or carer;
• Identify educational targets to accelerate achievement / enable the child to achieve as expected, using assessment data and records from the previous school;
• 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, SEN Support Plan reviews, 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.

6. When a Child/Young People has no School Place

Finding a school place is primarily the social worker's responsibility but may be delegated to or shared with others such as the Local Authority Integration Officer.

6.1 PEPs

Children/young people without a school place should still have an up-to-date PEP. It should address the child's immediate educational needs, plans to provide interim educational provision, and maintain the habit of education as well as longer-term planning.

6.2 Children/Young People Placed within the Local Authority Area

Where the child does not have a school place because one cannot be found, or because mainstream school is not appropriate to his or her needs, the child's social worker should notify and seek assistance from the Local Authority (and the SEN adviser, in appropriate situations). The Local Authority 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. The Local Authority can direct a school or academy to provide a school place for a child who is looked after.

6.3 Children/Young People Placed in a different Local Authority Area

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 Local Authority (the Virtual School head or equivalent officer) 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 Authority (and the local SEN adviser if appropriate) should also be sought. Unless 5.4 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.

6.4 Pupils with Education, Health and Care Plans

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 statement, not directly. This needs to be planned for as early as possible as it can cause long delays.

See 0-25 Together Service.

7. Safeguarding the Looked After Child at School

All staff in the school should be aware of the systems in the school that support safeguarding. These systems should be explained to them as part of induction and there should be regular update training for all staff. This should include:

1. The child protection policy and procedures;
2. The Data Protection Act and safeguarding;
3. The child behaviour policy;
4. The staff behaviour policy (code of conduct);
5. The safeguarding response to children/young people who go missing from education.

All staff must report any concerns regarding Female Genital Mutilation (FGM)*, and should report modern slavery, trafficking or exploitation.

* Teachers have specific legal duty 2 Under Section 5B(11) (a) of the Female Genital Mutilation Act 2003, “teacher” means, in relation to England, a person within section 141A(1) of the Education Act 2002 (persons employed or engaged to carry out teaching work at schools and other institutions in England).

7.1 Child protection policy and procedures

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/young people in danger (see also Section 7.2, Protecting looked after children from sexual harassment and child on child abuse and Section 7.5, Serious Violence).

All children/young people should feel and be safe in the school they attend. Children/young people with a Social Worker, Children Looked After and Previously Looked After are all particularly vulnerable. The aim of safeguarding and promoting the welfare of all children/young people 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.

7.2 Protecting children/young people from sexual harassment and child-on-child abuse

Schools must have procedures in place to protect all children/young people, but particularly vulnerable groups of children/young people such as Children Looked After/young people, 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)) 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/young people) 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/young people of any age and sex, from primary through to secondary stage and into colleges. It can occur through a group of children/young people sexually assaulting or sexually harassing a single child or group of children/young people. 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/young people are advised to maintain an attitude of 'it could happen here'. Further, that given children/young people 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/young people 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/young people 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/young people 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 Looked After Child 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.

Children Previously Looked After: With regard to children/young people 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/Young People who Have, or Have Had, a Social Worker in the last Six Years).

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/Young People with a Social Worker, Children Looked After and Previously Looked After).

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.

See: Guidance for Higher Education Institutions - How to Handle Alleged Student Misconduct Which May also Constitute a Criminal Offence (Universities UK) and Changing the Culture - Tackling Gender-based Violence, Harassment and Hate Crime: Two Years On (Universities UK).

Previously Looked After Children 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 Looked After Child who might need or require this.

7.3 Protecting Children/Young People with a Social Worker, Children Looked After and Previously Looked After  from Adults Who May Pose a Risk to Them and/or Other Children/Young People in the School

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.

See Hertfordshire Safeguarding Children Partnership Procedures, People Posing a Risk to Children Procedure.

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/young people 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/young people in a way that indicates they may pose a risk of harm to children/young people; and/or
• Behaved or may have behaved in a way that indicates they may not be suitable to work with children/young people.

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/young people;
• Having favourites;
• Taking photographs of children/young people 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 about who is and is not allowed to have access to any Child Looked After.

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/young people becoming looked after.

7.4 Data protection and safeguarding

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/young people safe. Lawful and secure information sharing between schools, Children's Social Care, and other local agencies, is essential for keeping children/young people 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/young people. As with all data sharing, appropriate organisational and technical safeguards should still be in place.

7.5 Serious Violence

All staff should be aware of indicators, which may signal that children/young people 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/young people 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 Looked After and Previously Looked After 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.

7.6 Assisting Children/Young People with a Social Worker, Children Looked After and Previously Looked After  to Reduce Risk and Exploitation

There is a whole range of risk-taking behaviours that Children/young people with a Social Worker, Children Looked After and Previously Looked After could be experiencing exploitation around, from gang based activities to drug and alcohol abuse and/or radicalisation.

It is important to be aware that some children/young people 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/young people 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/young people 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/young people at risk of missing education can be found in the Children Missing Education - Statutory guidance for local authorities.

Where necessary, the Children/Young People Missing from Care Procedure must be followed - see the Safeguarding Children Partnership Procedures, Children and Young People Who Go Missing from Home or Care, or Who are Vulnerable to Exploitation.

8. Celebrating a Child's Achievements

Children/young people's educational (and other) achievements should be acknowledged at one or more of the following times: at Looked After Reviews; in the PEP, at school-based meetings; in school reports; and after exams. Hertfordshire holds a bi-annual celebration event called the HERTS AWARDS.

Recording a Child's Achievements

A Looked After Child's educational attainments at Key Stages 1-3, GCSE, A Level and GNVQ should be recorded, including on LCS and in the PEP.

9. Reviewing and Updating PEP's

The child's social worker must ensure PEP review meeting take place on time. It is expected that the social worker arranges a review if there is a change of carer (assuming the school place remains the same) as it is essential to 'join' the new carer into the PEP process and how he/ she can support this. If the change of care placement coincides with a new school, a new full PEP should be initiated (as for 5.3 above). Additional PEP reviews may take place in line with school's reporting and assessment calendar to be better informed regarding the child's educational progress and any other factors that may affect it. Quite often the Education Adviser will be in contact with the school and may contact the social worker to suggest a PEP review as a response to concerns.

Children/young people in different school years may require a review at different times to best plan for educational achievement e.g. year 11 (GCSE year) may have a PEP in the early autumn and a review in early spring as GCSE exams approach.

For a child with Special Educational Needs, the SEN Support Plan review should take place alongside the PEP review to ensure the targets/ priorities are shared. The Designated Teacher may need to liaise with the school's Special Needs/ Inclusion coordinator to ensure this is planned.

Second and subsequent PEPs should correspond with the Looked After Review cycle and PEP decisions and recommendations must be available to the child's Independent Reviewing Officer at the Looked After Review.

9.1 PEP Decisions

The participants should agree what action they will each undertake to achieve the improvements in the child's education that they have identified through the consultation/preparation process.

The funding for Children Looked After to support progress and achievement in school is called the Pupil Premium Plus, (PP+). The funds are allocated to schools in installments.  This means that the PEP meeting should be used to decide what extra support is required and how the PP+ should be used. The PEP action plan should record this. If there is a need for additional support, an 'additional funding form' may be completed following the consensus of the attendees of the PEP meeting and sent to the Virtual School Head. The form is available on the Virtual School website.

It is the social worker's responsibility at the end of the PEP meeting to work with the Designated Teacher to ensure that the PEP is completed.

Foster carer attendance at the PEP is essential and non-attendance should be followed up. In more serious situations with children/young people, social workers may need to make their Team Managers aware as well as the relevant Family Placement Team so that this can be addressed through foster carer supervision.

9.2 PEP Recommendations

Proposals that would lead to significant changes in arrangements (e.g. a change of school, a request for a statutory assessment of a child's special educational needs) and/or to increases in expenditure (private tuition, a jointly-funded placement) should be made in the form of recommendations to the Looked After Review. Where there are increases in expenditure proposed, these should be referred to the Hertfordshire Access to Resources Panel (see East and West Practice and Resources Panel PARP Procedure) prior to the Looked After review for agreement.

The child's social worker should work with the child's school between Looked After Reviews (involving the VSH if necessary) to ensure that up-to-date PEP information is fed into those reviews and ensure that all relevant information about the child's educational progress and support needs is up-to-date and evidenced before the Looked After Review.

IROs should ensure that the PEP's effectiveness is scrutinised in sufficient detail as part of the Looked After Review and at other times if necessary. Where a child has Special Educational Needs, the IRO should ensure that the PEP review is linked with any review of those needs.

The IRO should raise any unresolved concerns about a child's PEP or education provision with social workers and the VSH.

10. When a Child is Absent from School

The residential staff/carer must notify the school and the child's social worker immediately if the child does not attend school for any reason.

In any case where the child has been absent from school for more than 10 days, the social worker should liaise with the school, the child, residential staff/carers and any other relevant person to address:

• The reasons for the absence;
• How to ensure the child returns to education as soon as possible;
• Whether and how the child can be helped to catch up on what they have missed.

11. School Exclusions

The social worker and the Virtual School need to be informed at the earliest opportunity, to explore what might be put in place to prevent the exclusion. This is to enable the VSH, working with others, to:

• Consider what additional assessment and support (such as additional help for the classroom teacher, one-to-one therapeutic work or a suitable alternative placement) needs to be put in place to address the causes of the child's behaviour and prevent the need for exclusion;
• Make any additional arrangements to support the child's on-going education in the event of an exclusion.

Where a Child Looked After is excluded from school, the school must inform the social worker and the Virtual School Head as well as speak with the Inclusion team child. The social worker should inform the Independent Reviewing Officer.

11.1 Suspensions from School

Headteachers should, as far as possible, avoid excluding any Child Looked After. Exclusion from school should be a last resort for children/young people who are looked after, therefore it is important to work with the school and carers to intervene as soon as a child's behaviour becomes a cause for concern.

Where a child is suspended from school for a fixed period, the school will provide work for the child for the first five 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 sixth day the school should provide a place for the child to be educated.

The school will communicate the reasons for the suspension 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 suspension or is in secondary school and is suspended for more than five days, the social worker should ensure a reintegration meeting is held within the five days to discuss his/her return and how best this can be supported.

The school's Designated Teacher should ensure that a PSP is in place and this process is integrated with the PEP and PEP review cycle to put measures in place to prevent the necessity of exclusion and consequent destabilising of the school and care placements. If not before, should a child be excluded on 3 separate occasions, the designated teacher should convene a PEP review meeting and, in consultation with the social worker and advisory teacher, ensure that the Education Support Centre (ESC) local to the school is contacted to discuss any additional support that could be provided to maintain the child's place and prevent further exclusions. At any point during a child's placement in a secondary school, the school can plan to use outreach support from their local ESC to make provision either within school or partially or totally out of school on a temporary respite basis (if this is the most effective strategy to maintain the child's school place).

Should a school placement be at risk and the school believe that the child is at risk of permanent exclusion without a move of school, the school can approach the Local Authority Inclusion Team to broker a managed move (of school). However, the Virtual School Head will take swift action to prevent a permanent exclusion and negotiate with the school to find an alternative solution. A managed move can take place immediately from one school to the next or with a planned interim period where the child attends the ESC before moving to the new school. With all children/young people, it is essential that the designated teacher uses the PEP review to ensure that moves are planned and there is no gap in the child's education. A new PEP must be held at the new school (see Section 5.3, The First PEP in a New School for a Child with an EHCP).

11.2 Permanent Exclusions

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 five days of the exclusion the school will provide work and the child must not be out in public during school hours. From the sixth day the local authority will arrange for a place for the child to be educated. This would be arranged to take place at the local ESC.

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

12. When a Young Woman Becomes Pregnant

Becoming pregnant is not in itself a reason to stop attending school, nor to cease education.

Where a young woman becomes pregnant, the social worker must ensure that the young woman remains in education if possible and arrange for her to receive support from the education authority for the area in which she lives and/or the school she attends. 

13. School Transport

Where school transport is needed to maintain continuity of school, for a statutory school aged child, the Pupil Transport Unit should be approached to provide assistance. A decision will be made in line with the HCC School and Transport Policy , considering the child's age and the distance from the child's address to the nearest suitable school.

14. The Avoidance of Disruption in Education

The Nominated Officer must approve any change of placement affecting a child in Key Stage 4, except in an emergency/where the placement is terminated because of an immediate risk of serious harm to the child or to protect others from serious injury.

In those circumstances, the Local Authority must make appropriate arrangements to promote the child's educational achievement as soon as reasonably practicable.

Before approving a change of placement affecting a child in Key Stage 4, the Nominated Officer must be satisfied that:

• The child's wishes and feelings have been ascertained and given due consideration;
• The wishes and feelings of the parent(s) have been ascertained where the child is accommodated (where possible) and where appropriate where the child is subject to a Care Order);
• The educational provision will promote educational achievement and is consistent with the PEP;
• The Independent Reviewing Officer has been consulted;
• The designated teacher at the child's school has been consulted.

Other than in Key Stage 4, where the Local Authority proposes making any change to the child's placement that would have the effect of disrupting the arrangements made for education and training, they must ensure that other arrangements are made for education or training that meet the child's needs and are consistent with the PEP.

15. Children and Young People with Medical Conditions

From 1 September 2014, governing bodies have a statutory duty to make arrangements to support pupils at school with medical conditions. The Designated Medical Officer can support schools with these duties. For more information see Supporting Pupils at School with Medical Conditions (2015): Statutory Guidance for Governing Bodies of Maintained Schools and Proprietors of Academies in England (DfE).

16. Training for those Involved in the Care and Education of Children Looked After

The VSH should ensure that there are appropriate arrangements in place to meet the training needs of those responsible for promoting the educational achievement of Children Looked After. This includes carers, social workers, Designated Teachers and IROs.

Such training, among other things, should include information about school admission arrangements; Special Educational Needs; attendance and exclusions, Attachment Aware and Trauma Informed practice and Nurture; support for homework; choosing GCSE options; managing any challenging behaviour in relation to education settings; promoting positive educational and recreational activities and supporting children/young people to be aspirational for their future education; training and employment, and the importance of listening to and taking account of the child's wishes and feelings about education and the PEP process.

17. Information Sharing

VSHs should have access to a secure email account that enables them to exchange information securely with other VSHs in whose area they have placed children/young people.

Arrangements for sharing reliable data must be in place, particularly in relation to the tracking and monitoring of attainment data and notifications of where children/young people, including those placed out-of-authority, are being educated, and must set out:

• Who has access to what information and how the security of data will be ensured;
• How carers contribute to and receive information;
• Mechanisms for sharing information between relevant local authority departments and schools;
• How relevant information about individual children/young people is passed promptly between authorities, departments and schools when young people move. Relevant information includes the PEP, which as part of the looked after child's educational record should be transferred with them to the new school.

Further Information

Relationships and Sex Education (RSE) and Health Education (2021)

Sexting: how to respond to an incident

Behaviour in Schools (DfE 2022)

Supporting Pupils at School with Medical Conditions (2015): Statutory Guidance for Governing Bodies of Maintained Schools and Proprietors of Academies in England (DfE)

Designated Teacher for Looked After and Previously Looked After Children

Special Educational Needs and Disability Code of Practice: 0 to 25 years: Statutory Guidance for Organisations who work with and Support Children and Young People with Special Educational Needs and Disabilities (2015)

School Admissions Code

Mental Health and Behaviour in Schools - Departmental advice for school staff

The Hertfordshire Policy Statement on the Education of Children Looked After.

Virtual School website

Keeping Children/young people Safe in Education

Keeping children/young people safe in education - GOV.UK

This guidance applies to all schools and colleges and is for:

• Headteachers, teachers and staff;
• Governing bodies, proprietors and management committees.

It sets out the legal duties you must follow to safeguard and promote the welfare of children/young people and young people under the age of 18 in schools and colleges.

All school and college staff should read part 1 of this guidance. Part 1 of the guidance is also available as a standalone document. Statutory guidance sets out what schools must do to comply with the law. Where the guidance states schools and colleges should do something, you should follow this unless you have a good reason on to.

Note that different provisions apply to children/young people who acquire Looked After status as a result of a remand to Local Authority accommodation or Youth Detention Accommodation. In relation to those children/young people, please see Remand of the Remands to Local Authority Accommodation or to Youth Detention Accommodation Procedure, Care Planning for Young People on Remand or Youth Detention Accommodation.