Safeguarding in Childcare Settings: What to Expect

A registered childcare setting is not simply a place where safeguarding procedures happen to exist – it should be a place where safeguarding is genuinely embedded in the culture, practice and thinking of every person in the organisation. The difference between a setting with excellent written safeguarding policies and a setting that is genuinely safe for children is the difference between compliance and culture. Procedures matter, but they are only effective when practitioners believe in their purpose, understand their individual responsibilities and feel empowered to act on their professional instincts.

Ofsted inspects safeguarding arrangements at every inspection of a registered early years setting and will consider weaknesses in safeguarding when forming its overall effectiveness judgement. A setting that is otherwise strong but has significant weaknesses in safeguarding practice cannot be judged Good or Outstanding. This reflects the correct prioritisation of safeguarding – not as an administrative compliance exercise, but as the most fundamental responsibility of any organisation entrusted with children’s care.

The Designated Safeguarding Lead

The Designated Safeguarding Lead (DSL) is the linchpin of a setting’s safeguarding arrangements. In an early years setting, the DSL is typically the registered person or setting manager. They must receive appropriate training, updated at least every two years, and must understand local referral pathways, threshold guidance and the legal framework. The DSL is responsible for ensuring that all staff have induction training, that safeguarding policies are reviewed annually, that records are maintained securely and that referrals to children’s services are made promptly and appropriately.

Crucially, the DSL is not a gatekeeper who controls whether concerns are escalated: they are a coordinator and source of expertise. Any member of staff has the right (and the duty) to contact children’s services or the police directly if they believe a child is at risk and the DSL is not acting appropriately. The individual duty to safeguard cannot be delegated upwards.

Safer Recruitment

Safer recruitment is the first and most important safeguarding control in any setting. It is the process of ensuring, so far as possible, that unsuitable individuals are prevented from working with children. It includes:

• advertising roles in a way that makes clear that safeguarding checks will be conducted
• verifying the identity and qualifications of all applicants
• obtaining at least two references and taking them up before a formal offer is made
• checking all employment history and exploring gaps
• requiring an Enhanced DBS check with barred list check before an individual begins work in regulated activity
• completing a safeguarding risk assessment where relevant information is identified

The Children Act 2004 and the statutory guidance Working Together to Safeguard Children both emphasise that DBS checks alone are insufficient – safer recruitment is a process, not a single check. The face of safer recruitment is rigorous questioning at interview about attitudes to child welfare, professional boundaries and the handling of safeguarding concerns. Many serious cases of abuse in institutions have involved perpetrators who passed DBS checks but whose attitudes and behaviour during the recruitment process, had it been more rigorously scrutinised, would have raised concerns.

Staff Training Requirements

All staff in a registered early years setting must receive safeguarding training at induction covering:

• the types of abuse and how to recognise them
• how to respond to a disclosure
• the setting’s procedures for reporting concerns
• their individual responsibilities
• the identity and role of the DSL. This induction training should be followed by regular refresher training –
• at least every three years for all staff, and more frequently for DSLs

Training should be more than a tick-box exercise. It should create genuine understanding – of the harm that children suffer, of the warning signs, of the importance of acting promptly and of the specific local context. Case studies, discussion of real scenarios and opportunities to ask questions are all more effective than reading a policy document. Settings should keep records of all training completed by individual staff members.

Safeguarding Policies and Procedures

Every registered setting must have a safeguarding and child protection policy that is reviewed at least annually, that complies with the requirements of the local safeguarding partnership and that is shared with all staff and volunteers. The policy should cover: the categories of abuse; the process for raising and managing concerns; the role of the DSL; how allegations against staff are managed; record keeping; information sharing; and whistle-blowing. It should be a living document that practitioners refer to, not a document produced for Ofsted and then filed away.

Alongside the safeguarding policy, settings should have a behaviour management policy, an acceptable use of technology policy, a safer recruitment policy and a whistle-blowing policy. These documents should be consistent with each other, kept up to date and regularly discussed with staff. The NSPCC, Coram and the Local Government Association all publish model policies that settings can adapt for their context.

Allegations Against Staff

When an allegation is made against a member of staff (that they have harmed a child, may have harmed a child or behaved in a way that indicates they may be unsuitable to work with children) the setting must contact the LADO (Local Authority Designated Officer) immediately, before taking any other action. The LADO advises on how the allegation should be investigated, what interim measures are appropriate and when (if ever) the matter should be referred to the police or the DBS.

Settings must not conduct their own investigation into an allegation before consulting the LADO, as this risks compromising any subsequent police investigation. However, they may take immediate action to protect children pending the LADO’s advice, including suspending the member of staff on full pay. Suspension is a neutral act and should not be presented to the individual as a disciplinary sanction. Records of all allegations, including unsubstantiated ones, should be kept securely and retained until the individual reaches normal pension age or for 10 years, whichever is longer.

Whistle-blowing

A healthy safeguarding culture depends on staff feeling able to raise concerns (about a child, about a colleague, about a manager, about a practice) without fear of retaliation. Settings must have a whistle-blowing policy that explains how concerns can be raised, including routes that bypass line management where the concern relates to a manager. The Public Interest Disclosure Act 1998 provides legal protection for workers who raise genuine concerns about safeguarding in good faith.

If a staff member believes that safeguarding concerns are not being addressed appropriately by their employer, they can contact the NSPCC Whistleblowing Advice Line (0800 028 0285), the local authority’s LADO, or Ofsted. They should not wait indefinitely for internal processes to resolve a concern about a child’s safety. The welfare of the child is the paramount consideration.