Contents
Introduction
Where children leave the school or college, the designated safeguarding lead should ensure their child protection file is transferred to the new school or college as soon as possible, and within 5 days for an in-year transfer or within the first 5 days of the start of a new term to allow the new school or college to have support in place for when the child arrives. The designated safeguarding lead should ensure secure transit, and confirmation of receipt should be obtained. For schools, this should be transferred separately from the main pupil file. Receiving schools and colleges should ensure key staff such as designated safeguarding leads and special educational needs co-ordinators (SENCOs) or the named persons with oversight for special educational needs and disabilities (SEND) in a college, are aware as required.
In addition to the child protection file, the designated safeguarding lead should also consider if it would be appropriate to share any information with the new school or college in advance of a child leaving. For example, information that would allow the new school or college to continue supporting children who have had a social worker and been victims of abuse, or those who are currently receiving support through the ‘Channel’ programme and can have that support in place for when the child arrives.
Keeping Children Safe in Education
What is a Safeguarding File and who maintains it?
A safeguarding (child protection) file is the record kept by the DSL (and their deputies) of any concerns about a child’s welfare and will include CP/CiN and other safeguarding support meeting notes, plans, communications, actions, outcomes and a chronology. Such files may only have one concern in it or it may have an extensive history. It is the record of all safeguarding concerns that a setting might have, including those from a previous setting. Regardless of its size, the information in the file must be passed on, in its entirety, to the next educational setting. For most schools this file is now electronic, but some settings may use paper based systems or have paper copies from children’s previous settings attended, such files also need to be shared.
What the contents of the file should include
- Basic/core details of the child and their family
- Chronology of key events including actions taken and the rationale made by the DSL (or Deputy DSL)
- Genograms
- Cause for Concern forms/logs from staff and other adults (volunteers)
- Referrals and requests for additional support such as to Childrens Social Care, Early Help, Prevent and any outcomes or actions
- CP Conference minutes/school contributions/core group minutes etc.
- Any Children’s Social Care assessments or Early Help Assessments
- Multi-agency meetings minutes
- Records/logs of communications (phone calls, emails and meetings) to parents/carers/colleagues/external support and professionals
- Record of the child’s voice.
- Any previous safeguarding information received from any previous educational establishments
- Summaries of Mispers, PNNs, CARA’s and Operation Encompass emails
How to transfer a file
The existing setting must send the complete safeguarding file to the new setting securely. If paper files have been managed, transfer either by hand (preferable) or Special Delivery, separately from the child’s main pupil file, within five school days from notification. If electronic file systems the transfer can be made securely by the system provider once the receiving school has been identified.
Care must be taken to ensure confidentiality is maintained and the transfer process is as safe and secure as possible. Parents should never be used as couriers for such files. If concerns are serious and current, DSLs should ensure that the receiving provision is aware of any safeguarding in advance of transfer – see 2nd paragraph.
Whether safeguarding files are transferred by hand, by special delivery or electronically, there should be evidence, such as a signed and dated receipt of the completed transfer from the receiving school. This receipt should be retained in line with Records Management Society guidance.
Should a verbal sharing of information have taken place prior to the safeguarding file being transferred in its entirety this conversation needs to have been recorded on the safeguarding file prior to the transfer. Those holding the conversation should be mindful these conversations cannot be overheard.
What to keep
Children’s data goes with them, do not retain copies unless:
- There is no ongoing school/data controller to send the data on to (e.g. EHE or secondary school – end of the chain)*
- Data is subject to a legal ‘hold’ (i.e. current or potential legal proceedings being brought against the school) which will require defence.
Schools should request and keep a copy of the receiving settings acknowledgment of the file transfer. *‘End of chain’ settings must ensure files are stored securely and destroyed once the retention period has expired (on the child’s 25th birthday).
Transferring schools should consider carefully any chronologies kept under their information retention policies linked to GDPR that was also transferred.
Sharing historic records
Schools may have safeguarding concerns or minutes of CP proceedings or similar reports from other agencies that are historical. Our advice is that all such records are shared as this does provide the next setting with an awareness of what concerns were held, and their detail, even though these may not be current.
If DSLs are unsure about such information being shared, they should consult their Data Protection Officer for further support and advice. An attached form offers DSLs a format to record their decision-making process should they feel this to be required when sharing historical information.
Electronic CP Records
Electronic records must be password protected with access strictly controlled. If a student transfers between two schools that are using systems such as CPOMS, they will receive a notification from CPOMS that there is data pertaining to that student on another CPOMS system.
Very often electronic safeguarding systems will archive transferred files. We advise that you contact your system provider to reassure yourselves that these archives will be deleted once the retention period (child’s 25th birthday) has expired.
Children that pose a risk to other learners
It is essential that information is provided to the receiving school/16+ provider at the earliest opportunity where there is a concern that the pupil may pose a risk to others. This enables the receiving setting to undertake the necessary risk assessments and ensure support is in place. Settings are strongly advised to contact the previous school if they have concerns about a young person and are not in receipt of a safeguarding file, or if there is a delay in the file being received.
It is just as important to also provide a the earliest opportunity information for those pupils that e.g. been a victim of sexual violence in school and are receiving additional support and/or have safety plans.
Pupils who are Dual Registered or Educated Off-site
Where a pupil is dual registered, a copy of the CP file should be passed onto the other school/alternative provider/academy/centre at the earliest opportunity. Responsibility for maintaining an up to date and complete record remains with the school where the pupil is on roll. Due to the nature of such bespoke arrangements for individual pupils, the two DSLs should agree on how best to communicate to each other significant events and issues in relation to that pupil.
16+ students
The transfer of the safeguarding files must continue through to 16+ providers. The DSL should inform the receiving provider (if known) that a safeguarding file exists and transfer as per guidance noted above. A 16+ provider should routinely ask if any safeguarding files exist for all transferring students. If there is no known 16+ setting the current school should retain the safeguarding file until the child’s 25th birthday.
Statutory Retention by Final Data Controllers
For secondary schools and colleges acting as the final data controllers where student records cannot be passed on, the following statutory retention periods apply:
Standard pupil records (including safeguarding) – retain until the pupil’s 25th Birthday.
SEND records – retain for six years following cessation of the EHC Plan.
Child Protection files involving alleged or actual sexual abuse – retain until the pupil’s 75th birthday.
Allegations of child protection against a member of staff (including unfounded ones) – retain until the staff member’s normal retirement age, or 10 years from the date of the allegation, whichever is later.
Further information
HM Govt website – Advice on Information Sharing, including the Seven Golden Rules on Information Sharing https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1062969/Information_sharing_advice_practitioners_safeguarding_services.pdf
Information Commissioner’s Office (ICO) website, including the Data Sharing Code of Practice
Practice guidance on sharing adult safeguarding information https://www.scie.org.uk/safeguarding/adults/practice/sharing-information
Information on Data Protection in Schools
https://www.gov.uk/guidance/data-protection-in-schools