Teachers using sexualised or offensive language with pupils does not meet the threshold for being reported to the relevant authority because it is a “low-level concern”, says the Department for Education.
The for schools and colleges, published this morning, has a new section on allegations made against staff, which differentiates between those that meet the reporting threshold and those that fall under it.
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Among behaviour that the DfE says is below the threshold for a referral to the LADO (the local authority designated officer) and is considered a “low-level concern” is:
- Being over-friendly with children.
- Having favourites.
- Taking photographs of children on their mobile phone.
- Engaging with a child on a one-to-one basis in a secluded area or behind a closeddoor.
- Using inappropriate sexualised, intimidating or offensive language.
Last yearTes reported howa newly-qualified maths teacher was bannedfrom the profession after he was found to have made comments about vaginas and called students “twat”, “prick” and “retard”.
New 51 guidance for schools
And research by Tes found that the most common reason for teachers being banned from the profession by the Teaching Regulation Agency was “behaviour relating to a breach of trust or boundaries”.
But today’s updated guidance does say theterm “low-levelconcern” “does not mean that it is insignificant”.
It states: “A low-level concern is any concern - no matter how small, and even if no more than causing a sense of unease or a ‘nagging doubt’ -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, and does not meet the allegations threshold or is otherwise not considered serious enough to consider a referral to the LADO.”
The updated 167-page guidance, called Keeping Children Safe in Education, includes new sections onhow to support young victims of sexual violence and harassment orpeer-on-peer abuse (including online) and on the availability of reporting channels.
It follows a report from Ofsted last month that concludedthat incidents of sexual harassment and abuse havebecome “normalised” for schoolchildren.
The guidance also distinguishes between behaviour of low-level concern and that which it says “may meet the harms threshold”, which includes where a staff member or volunteer has:
- Behaved in a way that has harmed a child, or may have harmed a childand/or...
- Possibly committed a criminal offence against or related to a childand/or...
- Behaved towards a child or children in a way that indicates he or shemay pose a risk of harm to children; and/or...
- Behaved or may have behaved in a way that indicates they may not besuitable to work with children.
