Ensuring Safety: Why New AP Safeguarding Standards Matter

In a recent Schools Week article, Louis Donald of the Creative Education Trust, raises concerns about safeguarding in unregistered AP. Donald points to the patchy regulation currently in place, and makes some strong arguments to support the imminent national standards framework on which ALIGN and many others have consulted. 

There is clearly a need for standardisation and oversight to hold to account all providers; Donald points out that, as things stand, it would be easy for a barred person to attain a management or proprietary position in an unregistered AP because the law does not require Section 128 checks on managers, proprietors or governors/trustees except in registered settings; this is true, but is mitigated by the onus on the commissioning school or LA to ensure the appropriate safer recruitment checks are in place.

When I ran an independent school I kept a separate tab on my Single Central Record for other settings we used, including work placements; I would request copies of all evidential documents and ensure these were updated whenever personnel changed – I was held to account in this by Ofsted. When I ran an unregistered AP, like many other unregistered settings I kept a full SCR and carried out all necessary checks in line with Keeping Children Safe in Education, adding anything additional demanded by annual KCSIE updates. 

As someone with a legitimate interest in doing so, I was able to access the  DfE Teachers’ Portal through a reputable 3rd party provider, but would have been entitled to do so directly;  all these measures were monitored by the Local Authority inspection team, who checked all providers on their commissioning framework as part of a regular cycle of inspection and annual safeguarding self-assessment audits.

Louis Donald’s point about legislation is correct, and I would be supportive of any tightening up of statutory requirements for unregistered AP. My experience is that the vast majority of providers take their responsibility for safeguarding very seriously and voluntarily carry out all measures set out in KCISIE.

I would also point out that whilst there are clearly loopholes in the frameworks governing unregistered AP, there are also gaps in the structures which oversee and hold to account registered providers. Having run an independent school in the past, I can vouch for the fact that whilst Ofsted carry out inspections and issue judgements to reflect their findings, beyond this, they have no power  to insist that the school makes changes according to inspection report judgements. Should an inspector determine that Proprietors/Trustees are incompetent or inadequately qualified/experienced, or inappropriate in other ways s/he has no power to close the provision.

Obviously commissioners may be reluctant to continue referring on this basis; often, though,  a lack of locally available  provision, particularly for students with very complex needs, dictates that LAs use settings even when Ofsted has identified them as inadequate on safeguarding. This lack of enforcement power remains the case when complaints or whistleblowing reports are made to Ofsted; I am aware of schools where numerous concerns have been raised by staff and parents, yet Ofsted are unable to take further action other than repeated inspections with similarly unenforceable judgements.

I’m looking forward to seeing the new National Standards framework, and to supporting providers to work positively and confidently within it. I think it’s wrong, though, to imply that existing structures for registered settings are entirely fit for purpose by comparison. There will always be those who want to cut corners in business, and, sadly,  those with ill-intent. As a sector it’s key that we maintain the determination and creativity to co-create positive outcomes for children which we are founded on;  in doing so we must all strive for the highest standards of professionalism, nowhere more crucially than in safeguarding children. In my experience we are well-equipped and well-placed to do so – let’s have our National Standards so that we have the support and tools we need!