Question to the Department for Education:

To ask the Secretary of State for Education, what assessment she has made of the potential safeguarding implications of settlement agreements which conclude disciplinary proceedings involving school staff before those proceedings are completed; and whether her Department plans to issue updated guidance on references in such cases.

All schools and colleges must have regard to the Keeping Children Safe in Education (KCSIE) statutory safeguarding guidance. This can be found at: https://www.gov.uk/government/publications/keeping-children-safe-in-education--2.

Part four provides clear guidance on how safeguarding concerns and allegations against staff should be managed, including reporting, investigations, referrals and record keeping.

KCSIE is clear that safeguarding responsibilities apply regardless of any settlement or compromise agreement. Paragraphs 492 to 497 state that such agreements should not be used where disciplinary proceedings relate to safeguarding concerns or allegations that may meet the harm threshold. They must not prevent employers from carrying out appropriate investigations, maintaining accurate records, providing factual references or fulfilling statutory duties, including referrals to the Disclosure and Barring Service and, where appropriate, the Teaching Regulation Agency.

The department keeps KCSIE under review to see where clarification or strengthening is needed.