Early Years Providers and Nurseries

Child Protection and Safeguarding

Legal services for educational institutions

Creating a safe, supportive environment for every child is a fundamental legal responsibility for all institutions. With statutory guidance evolving and scrutiny from regulators, governors and parents increasing, education providers must ensure their safeguarding policies, processes and culture consistently protect children from harm.

Your legal duties: What schools must do

Schools have a wide range of safeguarding obligations under legislation and statutory guidance. Key responsibilities include:

  • Statutory duty to safeguard pupils: Schools must comply with Section 175 of the Education Act 2002 (and equivalent independent school regulations), ensuring robust policies, procedures and governance arrangements are in place to protect pupil welfare.
  • Following Keeping Children Safe in Education (KCSIE): Schools and colleges must adhere to KCSIE 2025, which sets out mandatory processes for safeguarding, safer recruitment and responding to concerns. All staff must read Part One and understand their individual responsibilities.
  • Safer recruitment: Schools must adopt recruitment practices that prevent unsuitable individuals from working with children, this includes DBS checks, barred list checks, prohibition checks, references and rigorous interviews.
  • Designated Safeguarding Lead (DSL): A senior, trained DSL must oversee safeguarding, manage referrals, maintain records and act as the central point of contact for concerns.
  • Staff training and awareness: All staff require safeguarding and child protection training at induction, with regular updates to ensure they recognise abuse, understand reporting routes and act swiftly when concerns arise.
  • Clear reporting and multi‑agency working: Schools must maintain transparent reporting processes and share information appropriately with social care, police and other agencies in line with statutory guidance.
  • Managing allegations against staff: KCSIE sets out strict procedures for handling allegations, including those that meet or do not meet the harm threshold. Compliance is essential to ensure fairness, safety and legal protection.
  • Maintaining up‑to‑date policies: Safeguarding, child protection, behaviour, online safety, anti‑bullying and whistleblowing policies must be accurate, implemented consistently and reviewed regularly.
  • Record‑keeping and data management: Schools must maintain secure, timely and accurate child protection records and follow data protection obligations when handling sensitive information.

Why compliance matters: The risks of getting it wrong

Safeguarding failures can have serious consequences, including:

  • Direct harm to pupils and exposure to abuse or neglect
  • Regulatory enforcement, including Ofsted investigations, compliance actions or suspension
  • Criminal or civil liability, including fines, prosecutions and compensation claims.
  • Staff disciplinary action, up to and including dismissal
  • Reputational damage and loss of trust within the school community
  • Long‑term organisational impact, including external scrutiny and cultural reviews.

How can we support you?

Our education and safeguarding specialists provide clear, strategic and hands‑on support to help schools meet their legal duties and maintain the highest standards of pupil protection. We offer:

  • Safeguarding audits with on‑site reviews and development planning
  • Training for DSLs, senior leaders and whole‑staff teams
  • Policy updates and implementation support to stay compliant with new guidance
  • Advice on disclosures, allegations and multi‑agency liaison, ensuring safe, lawful decision‑making
  • Guidance on reporting obligations, including referrals to the DBS
  • Reputation management support where needed.

Get in Touch

Meet Our Specialists

Discover the experienced professionals driving our service, offering clear, commercially astute guidance with a supportive, solution‑oriented mindset.

01
Simon Henthorn
02
Rose Smith

Find a lawyer

Our team
Reading

Jack Reynolds

Solicitor

Reading

Beth Cooke

Associate

London

Dan Begbie-Clench

Partner