Revised Prevent Duty Guidance: for England and Wales School Sector, 1 st July ASCL Cymru Council

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2 Revised Prevent Duty Guidance: for England and Wales School Sector, 1 st July 2015 ASCL Cymru Council Cardiff Hilton, 9 th February 2016 Barrie Phillips, BiS HE/FE Prevent Coordinator (Wales) 2

3 Objectives: To raise awareness of ASCL Cymru Council Members in respect of: 1. The UK Government s CONTEST strategy 2. Counter-Terrorism and Security Act July Estyn s Guidance for the inspection of secondary schools, updated September

4 Objective 1: CONTEST STRATEGY UK THREAT LEVEL

5 UK CONTEST STRATEGY PROTECT: To strengthen our protection against a terrorist attack PREPARE: Where an attack cannot be stopped; to mitigate its impact PURSUE: To stop terrorist attacks. Catch those responsible PREVENT: To stop people becoming terrorists or supporting terrorism It works at a pre-criminal level Source: Cardiff Home Office Prevent Lead 5

6 From; It s All Connected: A Comprehensive Guide to Global Issues and Sustainable Solutions by Benjamin Wheeler, Gilda Wheeler and Wendy Church. 6

7 THE 3 I s OF PREVENT 1. Respond to the Ideological challenges of terrorism and the threat we face from those who promote it; 2. Prevent Individuals from being drawn into terrorism and ensure that they are given appropriate advice and support; 3. Work with Sectors and Institutions where there are risks of radicalisation which we need to address. Source: Cardiff Home Office Prevent Lead

8 Prevent is NOT: Agents of the state Gagging free speech

9 The Language of Prevent Legislation Radicalisation Safeguarding Terrorism Extremism Non-violent extremism British Values Vulnerable

10 What does this legislation mean in an educational setting? Within an educational context schools, colleges, universities Prevent objectives can best be translated to apply to SAFEGUARDING AND WELLBEING PROCESSES & PROTOCOLS to ENHANCE RESPECT AND RESILIENCE THROUGH SHARED BRITISH VALUES

11 The legislation within the context of today s society: Alcohol Human Trafficking Drugs Extremist attitudes or behaviour Domestic Violence Extremism is NOT an outsider = Well-Being & Safeguarding Continuum 11

12 The legislation is directed at all forms of extremism in society, whether FRW 12

13 Or, AL QAEDA INSPIRED

14 Objective 2: The Legislation Framework - Background & Context Para 1 - The Counter-Terrorism and Security Bill places a duty on (7) specified authorities to have due regard (in the exercise of their functions) to the need to prevent people from being drawn into terrorism Local authorities Schools *Further education (from 18 th September) *Higher education (from 18 th September) Health sector Prisons and probation The police 14

15 The Legislation Framework - Background & Context cont. Background cont. Para 64 The authorities specified in paragraph 65 below are subject to the duty to have due regard to the need to prevent people from being drawn into terrorism. Education and childcare specified authorities Para 65 The education and childcare specified authorities in Schedule 6 to the Act are as follows: the proprietors of maintained schools, non maintained special schools, maintained nursery schools, independent schools (including academies and free schools) and alternative provision academies 15

16 The Legislation Framework - Background & Context cont. Education and childcare specified authorities cont. pupil referral units registered early years childcare providers registered later years childcare providers providers of holiday schemes for disabled children persons exercising local authority functions under a direction of the Secretary of State when the local authority is performing inadequately; and persons authorised by virtue of an order made under section 70 of the Deregulation and Contracting Out Act 1994 to exercise a function specified in Schedule 36A to the Education Act

17 The Legislation Framework - Background & Context cont. Para 4 - The duty does not confer new functions on any specified authority. The term due regard as used in the Act means that the authorities should place an appropriate amount of weight on the need to prevent people being drawn into terrorism when they consider all the other factors relevant to how they carry out their usual functions. 17

18 Para 66 In fulfilling the new duty, we would expect the specified authorities listed above to demonstrate activity in the following areas : 1. Risk assessment (e.g. safeguarding policies; identification of at risk children; referral routes; visiting speakers) 2. Working in partnership (e.g. Local Service Boards) 3. Staff training (e.g. to gain knowledge and confidence to identify children at risk of being drawn into terrorism ; to challenge extremist ideas; to be aware of the school s referral process) 4. IT policies (e.g. including appropriate filtering to ensure pupils are safe from extremist material) 5. Monitoring and enforcement (This aspect is covered by Estyn)

19 The Legislation Framework - Background & Context cont. A risk-based approach to the Prevent duty (p.3) Para 14 - In complying with the duty all specified authorities, as a starting point, should demonstrate an awareness and understanding of the risk of radicalisation in their area, institution or body. This risk will vary greatly and can change rapidly; but no area, institution or body is risk free. 19

20 The Legislation Framework - Background & Context cont. A risk-based approach to the Prevent duty cont. Para 15. In assessing the risk, there are three themes throughout the sector-specific guidance effective leadership, working in partnership and appropriate capabilities 20

21 The Legislation Framework - Background & Context cont. A risk-based approach to the Prevent duty cont. Para 16. Leadership For all specified authorities, we expect that those in leadership positions: establish or use existing mechanisms for understanding the risk of radicalisation; ensure staff understand the risk and build the capabilities to deal with it; communicate and promote the importance of the duty; and ensure staff implement the duty effectively. 21

22 Objective 3: Estyn s Guidance for the inspection of secondary schools, updated September 2015 CONTEXT: Schools should be safe spaces in which children and young people can understand and discuss sensitive topics, including terrorism and the extremist ideas that are part of terrorist ideology, and learn how to challenge these ideas. Para 64* * Revised Prevent Duty Guidance for England and Wales, 16 th July 2015

23 Estyn s Guidance for the inspection of secondary schools, updated September 2015 cont. When evaluating pupils social and life skills, inspectors should consider how well pupils show respect, care and concern for others (1.2.4: social and life skills) Inspectors should consider how the school keeps pupils safe from the dangers of radicalisation and extremism (2.3.3: safeguarding) Guidance for the inspection of secondary schools (updated September 2015). Estyn

24 What does this Guidance mean in an educational setting? Within an educational context schools and colleges the Estyn Guidance objectives can best be translated to apply to Safeguarding and wellbeing processes and protocols to Enhance respect and resilience, allied to Curriculum interventions* to facilitate challenge and debate linked to the development of critical thinking Clear referral routes for vulnerable young people See *

25 Schools overview Summary of CT guidance Some questions for Leaders: 1. What are your/our priorities, based on the guidance and current legislation? (Risk/gap analysis) 2. What does your action plan reveal? 3. What are your/your staff training needs? How will you fulfil these? 4. What are the next steps after today? 5. What other considerations are there? 25

26 SECTOR-SPECIFIC GUIDANCE Schools and Prevent duty guidance REFERENCE SECTION 26

27 SECTOR-SPECIFIC GUIDANCE Schools and Prevent duty guidance Background: Para 58 All publicly-funded schools in England are required by law to teach a broad and balanced curriculum which promotes the spiritual, moral, cultural, mental and physical development of pupils and prepares them for the opportunities, responsibilities and experiences of life. They must also promote community cohesion. Para 58 Independent schools set their own curriculum but must comply with the Independent School Standards, which include an explicit requirement to promote fundamental British values. 27

28 Schools and Prevent duty guidance cont. Background cont. Para 59 In Wales, independent schools set their own curriculum, but must comply with Independent Schools Standards made by the Welsh Ministers. These Standards also include a requirement to promote the spiritual, moral, social and cultural development of pupils. Para 63 In Wales this [guidance] should be read alongside Keeping Learners Safe: keeping-learners-safe.pdf. 28

29 Schools and Prevent duty guidance cont. Background cont. Para 64 Being drawn into terrorism includes not just violent extremism but also non-violent extremism, which can create an atmosphere conducive to terrorism and can popularise views which terrorists exploit. Para 64 - Schools should be safe spaces in which children and young people can understand and discuss sensitive topics, including terrorism and the extremist ideas that are part of terrorist ideology, and learn how to challenge these ideas. 29

30 Schools and Prevent duty guidance cont. Background cont. Para 64 The authorities specified in paragraph 65 below are subject to the duty to have due regard to the need to prevent people from being drawn into terrorism. Education and childcare specified authorities Para 65 The education and childcare specified authorities in Schedule 6 to the Act are as follows: the proprietors of maintained schools, non maintained special schools, maintained nursery schools, independent schools (including academies and free schools) and alternative provision academies 30

31 Schools and Prevent duty guidance cont. Education and childcare specified authorities cont. pupil referral units registered early years childcare providers registered later years childcare providers providers of holiday schemes for disabled children persons exercising local authority functions under a direction of the Secretary of State when the local authority is performing inadequately; and persons authorised by virtue of an order made under section 70 of the Deregulation and Contracting Out Act 1994 to exercise a function specified in Schedule 36A to the Education Act

32 Schools and Prevent duty guidance cont. Para 66 In fulfilling the new duty, we would expect the specified authorities listed above to demonstrate activity in the following areas. Risk assessment (1) Para 67 Specified authorities are expected to assess the risk of children being drawn into terrorism, including support for extremist ideas that are part of terrorist ideology. This should be based on an understanding, shared with partners, of the potential risk in the local area. 32

33 Schools and Prevent duty guidance cont. Risk assessment cont. (1) Para 68 Specified authorities (schools) will need to demonstrate that they are protecting children and young people from being drawn into terrorism by having robust safeguarding policies in place to identify children at risk, and intervening as appropriate. Para 68 Institutions will need to consider the level of risk to identify the most appropriate referral, which could include Channel or Children s Social Care, for example. Para 68 Policies should set out clear protocols for ensuring that any visiting speakers whether invited by staff or by children themselves are suitable and appropriately supervised. 33

34 Schools and Prevent duty guidance cont. Working in partnership (2) Para 69 In England, governing bodies and proprietors of all schools and registered childcare providers should ensure that their safeguarding arrangements take into account the policies and procedures of the Local Safeguarding Children Board (LSCB). In Wales, Local Service Boards provide strategic oversight. 34

35 Schools and Prevent duty guidance cont. Staff training (3) Para 70 Specified authorities should make sure that staff have training that gives them the knowledge and confidence to identify children at risk of being drawn into terrorism, and to challenge extremist ideas which can be used to legitimise terrorism and are shared by terrorist groups. Para 70 They should know where and how to refer children and young people for further help. Prevent awareness training will be a key part of this. 35

36 Schools and Prevent duty guidance cont. IT policies (4) Para 71 Specified authorities will be expected to ensure children are safe from terrorist and extremist material when accessing the internet in school, including by establishing appropriate levels of filtering. 36

37 Schools and Prevent duty guidance cont. Monitoring and enforcement (5) Para 72 In Wales, all publicly funded schools are inspected by Estyn. Para 74 - In Wales, Estyn inspects independent schools. If they fail to meet the Independent School Standards, they must remedy the problem or be subject to regulatory action by the Department for Education or the Welsh Government, which could include deregistration 37

38 Guidance for the inspection of secondary schools from September 2010 Updated September 2015 (Estyn) 38

39 Guidance for the inspection of secondary schools from September Updated September 2015 (Estyn) Key question 2.1: Learning experiences Key question 2.3: Care, support and guidance Key question 3.1: Leadership 39

40 Guidance for the inspection of secondary schools from September Updated September 2015 (Estyn) Key question 2.1: Learning experiences meeting the needs of learners, employers/community provision for skills Welsh language provision and the Welsh dimension education for sustainable development and global citizenship 40

41 Guidance for the inspection of secondary schools from September Updated September 2015 (Estyn) Key question 2.3: Care, support and guidance provision for health and wellbeing, including spiritual, moral, social and cultural development specialist services, information and guidance safeguarding arrangements additional learning needs 41

42 Guidance for the inspection of secondary schools from September Updated September 2015 (Estyn) Key question 3.1: Leadership strategic direction and the impact of leadership governors or other supervisory boards 42

43 Guidance for the inspection of secondary schools from September Updated September 2015 (Estyn) Key question 2.3: Care, support and guidance safeguarding arrangements (N.B. Selective) The school s safeguarding arrangements should ensure that there is safe recruitment and that all children are protected. Inspectors will consider the school s provision for child protection including: Health and safety Bullying Harassment Discrimination School security 43

44 Guidance for the inspection of secondary schools from September Updated September 2015 (Estyn) Key question 2.3: Care, support and guidance cont safeguarding arrangements (N.B. Selective) Inspectors should consider whether the school has robust procedures for checking the suitability of staff and others who in contact with children, and that all staff know what to do to respond to child protection issues. Inspectors should consider how the school keeps pupils safe from the dangers of radicalisation and extremism. 44

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46 Factors impacting on the Prevent duty Para 7 We define extremism as vocal or active opposition to fundamental British values, including democracy, the rule of law, individual liberty and mutual respect and tolerance for those with different faiths and beliefs Revised Prevent Duty Guidance in England and Wales, 12 th March 2015, revised 16 th July

47 The following characteristics have been listed as protected characteristics in the Equality Act of 2010: Age Disability Gender reassignment Marriage and civil partnership Pregnancy and maternity Race Religion or belief Sex Sexual orientation 47

48 Possession of literature related May possess literature Factors related extreme That views Contribute of poverty, to Vulnerability (Cole) extreme views poverty, disadvantage Underachievement Underachievement Rejected by Rejected by peer, peer, faith faith or or social group or family Pressure from peers associated with extremism Pressure from peers associated with extremism Victim or Victim or witness to witness to race or religious race or hate religious crimehate crime Experience Experience of disadvantage or social or social exclusion exclusion What might VULNERABLE look like? Conflict with family over religious beliefs Conflict with family over religious beliefs and/or and/or lifestyle lifestyle choices/extreme political views political views 48 Extremist influences Extremist influences Identity confusion An series event of or series of traumatic traumatic events Identity confusion An event or events Personal Personal Global or national or Recent political or Recent religious conversion religious conversion in Change in behaviour and/or appearance as a appearance result of new as a result influences of new behaviour and/or influences Global national These are examples of what vulnerability might look like not an exhaustive list

49 References: 1. (Updated) Respect and Resilience Self-assessment safeguarding toolkit for schools published by Welsh Government 12th January (Updated) Creating safe learning communities Self-assessment safeguarding toolkit for colleges published by Welsh Government 16th November WJEC accredited pre-16 Challenging Extremism (delivered through the national curriculum) live for the secondary school sector from 11th January 2016 See and other examination sites in due course 49

50 What the terms mean: Extremism is vocal or active opposition to fundamental British values, including democracy, the rule of law, individual liberty and mutual respect and tolerance of different faiths and beliefs. Calls for the death of British armed forces is also included. An ideology is a set of beliefs. Radicalisation is the process by which a person comes to support terrorism and forms of extremism leading to terrorism. Safeguarding is the process of protecting vulnerable people, whether from crime, other forms of abuse or from being drawn into terrorism-related activity. Terrorism is an action that endangers or causes serious violence damage or disruption and is intended to influence the Government or to intimidate the public and is made with the intention of advancing a political, religious or ideological cause. Vulnerability describes factors and characteristics associated with being susceptible to radicalisation. Prevent, Police and Universities (2012)