What schools need to know

‐ legislation and statutory guidance

‐ the new Act

‐ ‘prevent duty’ statutory guidance

‐ duty to promote ‘British values’

‐ compliance with the new duty

‐ impact of non-compliance

‐ Ofsted

‐ six questions

• Trojan Horse affair

• “three missing London schoolgirls

'travelling to Syria to join Isil” –

February 2015

• “ISIS: two more teens feared to have

fled UK to join terror group in Syria” –

April 2015

• Counter-terrorism and Security Act

2015

• prevent duty guidance

• Education Acts 1996 and 2002 and

Independent School Standards

Regulations 2014

• promoting fundamental British values –

departmental advice (November 2014)

• keeping children safe in education

(March 2015)

• S.149 Equality Act 2010 – public sector

equality duty

• Royal assent 12 February 2015

• S.26 places a duty on specified

authorities to have “due regard to the

need to prevent people from being

drawn into terrorism”, and challenge

extremist ideas that support or are

shared by terrorist groups

• schedule 6 confirms that all schools

(whether maintained or independent)

are specified authorities for the

purpose of the Act

• S.26 duty comes into force on 1 July

2015

• meaning of ‘due regard’?

• prevent duty statutory guidance under

s.29 of the Act

• applies to all specified authorities

including local authorities, the health

sector, the police, prison and

probation service and educational

institutions

• sector-specific guidance for each

specified authority. Pages 10-13

relevant for schools (excluding higher

and further education)

• stems back to 2011 – not new

• part of overall counter-terrorism

strategy

• aim: to reduce the threat to the UK

from terrorism or stopping people

becoming terrorists or supporting

terrorism

• defines extremism

• risk-based approach

• being drawn into terrorism includes violent

extremism and non-violent extremism which

can create an atmosphere conducive to

terrorism and can popularise views which

terrorists exploit

• extremism is defined as: “vocal or active

opposition to fundamental British values,

including democracy, the rule of law,

individual liberty and mutual respect and

tolerance of different faiths and beliefs. We

also include in our definition of extremism

calls for the death of members of our armed

forces” – para 7 prevent guidance

“all specified authorities, as a starting

point, should demonstrate an awareness

and understanding of the risk of

radicalisation in their area, institution or

body. This risk will vary greatly and can

change rapidly; but no area, institution

or body is risk free” – para 14 prevent

guidance

1. leadership: understand the risk,

communicate and promote the duty,

monitor implementation

2. working in partnership: evidence of

productive co-operation with other

authorities e.g. local prevent co-ordinators,

police, LAs and existing multi-agency

forums

3. appropriate capabilities: ensure staff know

what measures are available to prevent

pupils from being drawn into terrorism, how

to challenge extremist ideology and obtain

support. Training is key

• assessed on a case-by-case basis

• necessity and proportionality

• consent

• Data Protection Act principles

• duty of confidentiality

• promoted through spiritual, moral,

social and cultural development

• self-knowledge, self-esteem and self-

confidence, distinguish right from

wrong, contributing to their locality

and society, further tolerance and

harmony, encourage respect for other

people and the rule of law

• understanding of democracy and

importance of identifying and

combatting discrimination

• how schools evidence compliance with

the pro-active duty is vague ‐ new/updated policies?

‐ staff training?

‐ pupil parliaments?

‐ surveys?

• how schools evidence compliance with

the pro-active duty is vague ‐ spy software? e.g. Impero, Future

Digital, Securus etc.

‐ workshops for parents?

‐ other?

• maintain appropriate records

• schools in areas of higher risk

expected to do more – regional

variations

• referral procedure (could include

Channel Panels or Children’s Social

Care)

• robust safeguarding policies reviewed

at least annually and when any new

guidance or legislation is published

• threshold for referrals?

• stand alone or incorporated in

safeguarding?

• what to include?

• clear protocols for visiting speakers

• safeguarding arrangements take into

account policies and procedures of

Local Safeguarding Children Board

• training for staff to give knowledge

and confidence to challenge extremist

ideas and to know where to refer

pupils for further help

• appropriate filtering levels to limit

access to specific web content

• Prevent Oversight Board may

recommend that the SoS use the

power of direction under s.30 of the

Act (soft sanction)

• this power is only used when other

options for engagement and

improvement have been exhausted and

only to ensure the implementation and

delivery of the prevent duty

• power of direction unlikely to be used

in context of schools

• intervention methods and threat of

Ofsted

• already must have regard to school’s

“approach to keeping pupils safe from

the dangers of radicalisation and

extremism, and what is done when it

is suspected that pupils are vulnerable

to these”

• when judging behaviour safety, “look

at the extent to which pupils are able

to understand, respond to and

calculate risk effectively, for example

risks associated with… radicalisation

and extremism and are aware of the

support available to them”

• regional variations

• will schools be expected to do

anything further?

1. have you assessed the risk of your school’s

pupils being drawn into terrorism?

2. do your school policies (safeguarding,

curriculum, e-safety etc.) refer to the new

duty and the prevent guidance?

3. have you liaised with your LSCB to

understand how they will approach children

at risk of radicalisation?

4. have your staff received appropriate

training on prevent?

5. do staff know where and how to refer

children who need further help?

6. do you have a clear policy on the use of

prayer rooms and other faith-related

activities?

a) guidance most reaffirms existing

requirements on schools

b) sanctions under the Act are limited

c) Ofsted’s role remains unchanged

• any real impact? On what schools

already do?

• check compliance and take

appropriate steps

Hayley Roberts | 0121 237 3994

hayley.roberts@brownejacobson.com

Please note

The information contained in these notes is based on the position at

June 2015. It does, of course, only represent a summary of the subject

matter covered and is not intended to be a substitute for detailed

advice. If you would like to discuss any of the matters covered in

further detail, our team would be happy to do so.

© Browne Jacobson LLP 2015. Browne Jacobson LLP is a limited

liability partnership.