The challenge

Our clients were concerned that serious allegations made against their child could result in information being recorded on the pupil’s safeguarding file and subsequently disclosed to a prospective school. Such disclosures had the potential to affect the child’s educational opportunities and reputation long after the matter had concluded.

The family wanted to protect their child’s interests while also maintaining constructive relationships with both the current school and the school they hoped their child would attend. This required careful consideration of safeguarding responsibilities, data protection obligations and the practical realities of independent school admissions.

Given the seriousness of the allegations and the potentially lasting implications of safeguarding records, the matter needed to be approached with sensitivity and strategic planning.

Our approach

We provided comprehensive advice to help the family manage both the safeguarding and data protection issues arising from the proposed school transfer.

Our work included:

  • Advising on how best to engage constructively with the current school
  • Supporting the family in maintaining appropriate transparency with the prospective school
  • Explaining how independent schools approach safeguarding concerns and related pastoral considerations
  • Advising on the data protection framework governing the transfer of safeguarding information between schools
  • Clarifying what information could lawfully be shared and the limits imposed by data minimisation principles
  • Explaining how schools balance safeguarding duties with fairness to the individual pupil.

Throughout the process, we helped the family understand how these sometimes-competing obligations interacted and how any disclosure could be kept proportionate, relevant and justified.

The outcome

As a result of our strategic guidance, the pupil was able to transition successfully to the new school without unnecessary safeguarding disclosures being made.

The family was able to navigate a highly sensitive situation with confidence, ensuring that the child’s educational future was protected while respecting the safeguarding obligations of both schools.

Why this matters

Safeguarding concerns can have significant implications for pupils and their families, particularly when a child is moving between schools. Understanding what information can be shared, when it can be shared and how safeguarding duties interact with data protection obligations is critical.

This case highlights the importance of obtaining specialist advice at an early stage. With the right strategy, families can ensure that safeguarding concerns are handled fairly, proportionately and in a way that protects a pupil’s long-term educational interests.

How can we support you?

We regularly advise parents and pupils on:

If you are dealing with a safeguarding concern or another sensitive issue involving a school, our team can provide clear, practical advice to help protect your child’s interests.

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