Home » The Black Child Agenda » Education & The Law

Education & The Law

THE BLACK CHILD AGENDA – TACKLING THE SCHOOLS TO PRISON PIPELINEEducation Law UK Black Links

The Schools to prison pipeline is a new phenomena in the UK, however it is a challenge and battle many parents have been secretly fighting since they came to the UK during a time which became known as the  “Windrush”in the late 40’s very few of the migrants intended to stay in Britain for more than five years.


 

School Exclusions  Government Guidelines 

Often parents feel isolated and alone when their child is being unfairly treated in schools. There are record number of young people, in particular Black Boy’s, who are illegally excluded from schools in the UK. Black students are 168x’s more likely to be permanently excluded from mainstream school than their white or Asian counterparts.  Please see below the latest guidance on, Exclusion from maintained schools, Academies and pupil referral units in England A guide for those with legal responsibilities in relation to exclusion.

 

Bullying UK Black Links

Anti Bullying Procedures & Your Child’s School (Primary)

What is bullying?

Bullying is defined in the Anti-Bullying Procedures for Primary and Post-Primary Schools as “unwanted negative behaviour, verbal, psychological or physical conducted by an individual or group against another person (or persons) and which is repeated over time”. More information on the definition of bullying, types of bullying and the impact and indicators of bullying is available in Sections 2 and 3 of the procedures for schools.

Who is responsible for dealing with bullying in schools?

Responsibility for tackling bullying in schools falls to the level of the individual school.

New Anti-Bullying Procedures for Primary and Post-Primary Schools were published in September 2013. The New Procedures and the associated Department Circular 0045/2013 apply to all recognised primary and post-primary schools and to centres for education (as defined in the Education Act 1998) which are attended by pupils under the age of 18 years.

School authorities and school personnel are required to adhere to these procedures in dealing with allegations and incidents of bullying.

Anti-Bullying-Procedures-for-Primary-and-Post-Primary-Schools (pdf) 

Anti Bullying procedures & Your Child’s School (Secondary)

Human Rights Act 1998 Click Here

The Human Rights Act is a UK law passed in 1998. It means that you can defend your rights in the UK courts and that public organisations (including the Government, the Police and local councils) must treat everyone equally, with fairness, dignity and respect.


 

Cyber Bullying (click below for full details)

Cyberbullying_Advice_for_Headteachers_and_School_Staff_121114 (pdf)

Conservative Government aim to Scrap the Human Rights Act 2016 (click here)


Education & Adoption Bill 2015 – 2016 Summary of the Education and Adoption Bill 2015-16

A Bill to make provision about schools in England that are causing concern, including provision about their conversion into Academies and about intervention powers; and to make provision about joint arrangements for carrying out local authority adoption functions in England.

Click here to read the updates and changes


 

 

 

 

 

 

 


Preventing Bullying

Click here to see the Preventing_and_tackling_bullying_advice

UK Black Links Bullying

The Special Educational Needs and Disability Act 2001

Part 2 the Special Educational Needs and Disability Act 2001 amends Part 4 of the Disability Discrimination Act 1995. It prohibits schools in England, Wales and Scotland from discriminating against disabled children through admissions, education services or exclusions.

View the Special Educational Needs and Disability Act 2001

The Race Relations (Amendment) Act 2000

Requires schools in England, Wales and Scotland to draw up a race equality policy and ensure that policies don’t discriminate against racial groups.

View the Race Relations (Amendment) Act 2000


The Disability Discrimination Act 1995

Allows claims of discrimination due to disability to be brought in England, Wales and Scotland. Part 4 of the Disability Discrimination Act 1995 was amended to apply to schools by Part 2 the Special Educational Needs and Disability Act 2001.

View the Disability Discrimination Act 1995


 Department for Education: single departmental plan 2015 to 2020

Our single departmental plan describes the Department for Education’s priority objectives for 2015 to 2020. Click Here for Full Report


Spending Review Autumn Statement 2015

The government published a joint Spending Review and Autumn Statement on 25 November 2015. Click here for full information


Special educational needs and disability code of practice:
0 to 25 years Statutory guidance for organisations which work with and support children and young people who have special educational needs or disabilities. January 2015  SEND_Code_of_Practice_January_2015 (PDF)

Policy and guidance

Keeping children safe in education

statutory guidance for schools and colleges

Published in April 2014, and updated in March 2015, by the Department for Education (DfE). This statutory guidance sets out what schools and colleges in England should do, and the legal duties they must comply with, to safeguard and promote the welfare of children.

Download Keeping children safe in education: statutory guidance for schools and colleges (PDF)
(Department for Education, 2015)

Read our Briefing on updated statutory guidance for schools in England (PDF)


 

Previous Page                                                                                              Next Page


The child protection system across the UK

Each UK nation is responsible for its own policies and laws around education, health and social welfare. This covers most aspects of safeguarding and child protection.

Laws are passed to prevent behavior that can harm children or require action to protect children. Guidance sets out what organisations should do to play their part to keep children safe.

Although the child protection systems are different in each nation, they are all based on similar principles.

The Department for Education is responsible for child protection in England. It sets out policy, legislation and statutory guidance on how the child protection system should work.

At the local level Local safeguarding children boards (LSCBs) co-ordinate, and ensure the effectiveness of, work to protect and promote the welfare of children.  Each local board includes: local authorities, health bodies, the police and others, including the voluntary and independent sectors. The LSCBs are responsible for local child protection policy, procedure and guidance.

Education UK Black Links

Legislation

Click Here to read the legislation from 1989 on-wards Read More

Policy and guidance

Working together to safeguard children (2015)

A guide to inter-agency working to safeguard and promote the welfare of children

The Department for Education published an updated version of the key statutory guidance for anyone working with children in England in March 2015. It sets out how organisations and individuals should work together and how practitioners should conduct the assessment of children. This latest guidance updates the previous version published in 2013.This is not a major review, but does include changes around:

  • referral of allegations against those who work with children
  • clarification of requirements on local authorities to notify serious incidents
  • a definition of serious harm for the purposes of serious case reviews.

It also incorporates legislation and statutory guidance published over the last two years.

This release is one of a raft of new and updated guidance released by the Department for Education in recent days.

The 3 main changes are:

  • The referral of allegations against those who work with children (Chapter 2, Section 5)
    The new guidance makes some changes to guidance on making allegations against people who work with children. Unlike previous editions, Working Together 2015 no longer refers to Local Authority Designated Officers (LADOs). Instead it states that local authorities should have a designated officer or team of officers for the management and oversight of allegations. The 2015 guidance includes for the first time a requirement that new appointments should be qualified social workers, unless they have previous experience in the role.
  • Notifiable incidents involving the care of a child (Chapter 4, Sections 13-16)
    Due to some confusion from local authorities over when they are required to notify child abuse or neglect incidents to Ofsted and the relevant LSCB(s), Working Together 2015 includes a section on what constitutes a notifiable incident.
  • The definition of serious harm for the purposes of Serious Case Reviews (Chapter 4, Section 17)
    Following concerns flagged by the national panel of independent experts on serious case review (PDF) that some LSCBs were not making the right decision on when to commission a serious case review, Working Together 2015 now includes a definition of serious harm.

 

Child sexual exploitation, female genital mutilation and radicalisation

Other amendments include the specification that LSCBs, local authorities and their partners should be commissioning and providing services for children at risk of sexual exploitation, female genital mutilation and radicalisation (Chapter 1, Section 17).Donate-300x154

New definitions

A notifiable incident is one involving the care of a child in which either:

  • a child has died (including cases of suspected suicide), and abuse or neglect is known or suspected;
  • a child has been seriously harmed and abuse or neglect is known or suspected;
  • a looked after child has died (including cases where abuse or neglect is not known or suspected); or
  • a child in a regulated setting or service has died (including cases where abuse or neglect is not known or suspected).

The guidance states that any incident meeting the criteria for a Serious Case Review will have met the criteria for a notifiable incident. However, it stresses that not all notifiable incidents will proceed through to Serious Case Review.

Seriously harmed includes, but is not limited to, cases where the child has sustained, as a result of abuse or neglect, any or all of the following:

  • a potentially life-threatening injury;
  • serious and/or likely long-term impairment of physical or mental health or physical, intellectual, emotional, social or behavioral development.

The guidance makes it clear that this definition is not exhaustive, and that serious harm can still have occurred if a child recovers from the incident. It states that LSCBs should ensure their considerations on whether serious harm has occurred are informed by available research evidence.

Download Working together to safeguard children: a guide to inter-agency working to safeguard and promote the welfare of children (PDF)

(HM Government, 2015)

Mandatory reporting of female genital mutilation
procedural information

This gives health and social care professionals, teachers and the police information on their responsibilities under the female genital mutilation (FGM) mandatory reporting duty which came into force 31 October 2015. Covers: when and how to make a report; next steps following a report; and failure to comply with the duty.

Download Mandatory reporting of female genital mutilation: procedural information (PDF)

(Home Office, 2015)

Children with Special Educational Needs and education (Download)