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The Children’s Commissioner, Dame Rachel de Souza, has shared her disappointment with a decision by Government not to name education as the fourth statutory safeguarding partner in the Children’s Wellbeing and Schools Act.

In a statement published last month, she warned this “misses a key opportunity for better joined up working to protect children from harm”.

Currently, local integrated care boards, police and council social care services are equal partners responsible for identifying, supporting and protecting children at risk of harm in their area.

The Department for Education (DfE) said it would explore legislative changes to include schools as a fourth partner in 2023.

However, the Children’s Wellbeing and Schools Act, which gained royal assent last month (29 April), has instead called on partners to automatically include schools in safeguarding arrangements, but not as a statutory partner.

Responding to this, the Children’s Commissioner said: “Schools are often the place where safeguarding concerns are first identified, where children build trusted relationships with adults, and where early help can be most effectively coordinated. I had therefore hoped to see education named as a fourth statutory safeguarding partner in the Act and called for this in my Briefing for Peers.

“I am disappointed by the decision to instead name education settings as ‘relevant partners’ in the legislation, which does not put them on an equal footing with social care, health and police. This misses a key opportunity for better joined up working to protect children from harm.”

Meanwhile, De Souza welcomed the Act’s focus on attendance, teacher standards, and regulation of unregistered settings, alongside a compulsory register for children not in school.

She also described the introduction of a new form of secure accommodation as an “important change” to the statutory framework governing the deprivation of liberty of children.

She said: “My report on Children with complex needs who are deprived of liberty showed that systemic weaknesses in the current arrangements result in looked after children too often being moved between inadequate illegal homes, often far away from home, without the proper care and support they deserve.

“The additional flexibility that the new accommodation will bring is one piece of the puzzle. However, there will be delays while this accommodation is built, leaving too many children stuck in unsuitable placements today, and we must get better at intervening before such provisions are needed. It is vital that regulations governing the use of this accommodation ensure it is only used when absolutely necessary, and that restrictions are in place for as short a period as possible.”

Lottie Winson

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