How schools and colleges in England should deal with low-level concerns regarding the behaviour of teachers, other staff, volunteers and contractors

The statutory Keeping Children Safe in Education (KCSIE) guidance includes a specific section on concerns that do not meet the harms threshold. These are termed ‘low-level concerns’.

The guidance sets out how schools and colleges in England should deal with low-level concerns with regard to the behaviour of teachers, other staff, volunteers and contractors.

KCSIE also identifies the importance of schools and colleges having appropriate policies and processes in place to manage and record any such concerns and take appropriate action to safeguard children.

The full KCSIE guidance can be accessed on the DfE’s Safeguarding Pupils web pages.

What is a low-level concern?

KCSIE sets out that a low-level concern is any concern that an adult working in or on behalf of the school or college may have acted in a way that:

  • is inconsistent with the staff code of conduct, including inappropriate conduct outside of work;

  • does not meet the harm threshold or is otherwise not serious enough to consider a referral to the Local Authority Designated Officer (LADO).

Examples given in KCSIE include:

  • being over friendly with children;

  • having favourites;

  • taking photographs of children on their mobile phone, contrary to school policy;

  • engaging with a child on a one-to-one basis in a secluded area or behind a closed door;

  • humiliating children.

The guidance states that low-level concerns can be raised in several ways and from differing sources, for example suspicion, complaint or disclosure made by a child, parent or other adult. They may also be raised as a result of vetting checks.

The importance of dealing with low-level concerns

KCSIE sets out the importance of all low-level concerns being shared responsibly with the right person, recorded and dealt with appropriately.

The Government’s view, as expressed in KCSIE, is that creating a culture in which all concerns about adults are dealt with appropriately should enable schools and colleges to identify inappropriate, problematic or concerning behaviour early.

The guidance states that this minimises the risk of abuse and ensures that adults working in or on behalf of the school or college are clear about professional boundaries and act within these.

Furthermore, KCSIE states that ensuring low-level concerns are dealt with effectively should also protect those working in or on behalf of schools and colleges from becoming the subject of potential false low-level concerns or misunderstandings.

What do schools and colleges need to do?

KCSIE advises that schools should have a low-level concerns policy within their staff code of conduct, safeguarding and child protection policies. More information on these policies is contained within Part two of the KCSIE guidance.

The guidance states that policies should make clear:

  • What a low-level concern is.

  • The importance of sharing low-level concerns.

  • What the purpose of the policy is.

The KCSIE guidance recommends that settings should ensure their staff code of conduct, behaviour policies and safeguarding policies and procedures are implemented effectively. It states that appropriate action needs to be taken in a timely manner to safeguard children and facilitating a whole school or college approach is key to dealing with any concerns.

KCSIE also identifies that schools and colleges can achieve the purpose of their low-level concerns policy by:

  • ensuring staff are clear about what is, and isn’t, appropriate behaviour;

  • supporting staff to be confident in differentiating expected and appropriate behaviour from inappropriate, problematic or concerning behaviour, in themselves and others;

  • empowering staff to share any low-level safeguarding concerns;

  • addressing unprofessional behaviour and supporting the individual to correct it as an early stage;

  • handling and responding to such concerns sensitively and proportionately when they are raised;

  • helping identify any weakness in the school or college’s safeguarding system.

Key points stated in KCSIE include:

Sharing low-level concerns - schools and colleges should ensure that their low-level concerns policy contains a procedure for sharing confidentially such concerns which is clear, easy to understand and implement.

Recording low-level concerns - all low-level concerns should be recorded in writing, including details of the concern, the context in which it arose and action taken. Records should be reviewed so that potential patterns of inappropriate, problematic or concerning behaviour can be identified.

Responding to low-level concerns - the school or college low-level concerns policy should set out the procedure for responding to reports of low-level concerns.

Low-level concerns and references

Part three of KCSIE makes it clear that schools and colleges should only provide substantiated safeguarding concerns/allegations that meet the harms threshold in references. This includes a group of low-level concerns about the same individual.

It states that low-level concerns should not be included in references unless they relate to issues that would normally be included in a reference, such as misconduct or poor performance.

Further information

NASUWT members should contact the Union if they have particular concerns about the KCSIE guidance or safeguarding issues, practice or policies in their school.

Furthermore, if any safeguarding concerns are raised about members or members are concerned that they might be, however minor these may seem, members must contact the NASUWT immediately for further advice and information. You should not try to address these issues without the support of the Union.