The new legal duty (the Duty to Prevent) is contained in section 26 of the Counter-Terrorism and Security Act 2015, which places a duty on "specified authorities" to "have due regard to the need to prevent people from being drawn into terrorism". Some human rights organisations, including Liberty, have expressed concern over the Duty to Prevent - that it may function to increase discriminatory and offensive stereotyping - and have questioned whether a broad and vague statutory obligation on public bodies will achieve desired results.
How does the new duty apply to schools and childcare providers?
On 1 July, the Duty to Prevent came into force for schools, and also for registered early years and childcare providers and registered later years childcare providers. According to non-statutory guidance published last month, it is essential that staff are able to "identify children who may be vulnerable to radicalisation, and know what to do when they are identified", and also that they are able to "build pupils' resilience to radicalisation by promoting fundamental British values and enabling them to challenge extremist views".
What are schools and providers required to do?
According to general statutory guidance and school-specific guidance published last month, the protection of children from radicalisation should be seen as part of schools' and childcare providers' wider safeguarding duties, similar in nature to protecting children from other harms (drugs, gangs, neglect etc). Schools are expected to take the following specific actions:
- Carry out a risk assessment of children being drawn into terrorism. This includes developing a general understanding of risk affecting children and young people in the area, and a specific understanding of how to identify individual children who may be "at risk of radicalisation". Clear procedures for assessment and referral should be set out within general safeguarding principles, including when to refer children to the Channel programme (an existing one-to-one mentoring programme which focuses on providing support at an early stage for people who are identified as vulnerable to being drawn into terrorism).
- Work with existing local partnerships, including local safeguarding children boards, police and relevant civil society organisations. Effective engagement with parents and families is also considered important, and families who raise concerns should be assisted and referred to support mechanisms.
- Ensure that staff undertake training to equip them with the ability to identify children at risk of being drawn into terrorism. At a minimum, designated safeguarding leads should be trained. It is suggested that Home Office core training facilitators could assist with this action.
- Ensure children are safe from terrorism or extremist material while accessing the internet in schools, which could include the use of filters and equipping children and young people with the skills of how to stay safe online.
- Build pupils' resilience to radicalisation by "providing a safe environment for debating controversial issues", which could be delivered in personal, social and health education.
Legal Update is produced in association with experts at Coram Children’s Legal Centre ?www.childrenslegalcentre.com
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