Question to the Department for Education:

To ask the Secretary of State for Education, in respect to how many free schools were safeguarding concerns raised in 2021.

Children’s wellbeing and safety in school is of the highest priority for the department. All schools, including free schools, are required by law to follow the statutory guidance about safeguarding. ‘Keeping Children Safe in Education’ is available to view here: https://www.gov.uk/government/publications/keeping-children-safe-in-education--2. ‘Working Together to Safeguard Children’ is available to view here: https://www.gov.uk/government/publications/working-together-to-safeguard-children--2. In addition, academy trusts (every free school comes under an academy trust) must comply with the Education (Independent School Standards) Regulations 2014, available to view here: https://www.legislation.gov.uk/uksi/2014/3283/schedule/made#:~:text=The%20Education%20%28Independent%20School%20Standards%29%20Regulations%202014%201,Quality%20of%20leadership%20in%20and%20management%20of%20schools. Part 3 sets out the required standards for ensuring the welfare, health and safety of pupils, and that such arrangements must have regard to any guidance issued by my right hon. Friend the Secretary of State for Education.

Local authorities are responsible for investigating individual safeguarding concerns. Their responsibilities are summarised here: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/922910/schools_causing_concern1.pdf. The primary safeguarding role of the department, through the Education and Skills Funding Agency (ESFA), is to consider whether an academy’s (and free school’s) safeguarding, child protection policies and complaints policies are compliant with the Education (Independent School Standards) Regulations 2014.

Where concerns are raised about approach to and compliance with safeguarding requirements in an academy or free school, the ESFA will work closely with the trust to ensure they take action to address issues and meet the statutory requirements. In 2021, the ESFA received correspondence about safeguarding compliance in 81 free schools, of which only one case was assessed as an immediate risk. This case was referred to the Director of Children Services at the relevant local authority to take immediate action to ensure the wellbeing of that child.