Employment References and Safeguarding: What Schools and Colleges Need to Know

Safeguarding in education is a critical aspect of ensuring the safety and wellbeing of children and young people. In the UK, safeguarding refers to the measures taken to protect individuals from harm, abuse, and neglect. This is particularly important in educational settings where teachers and staff have a duty of care towards their students.

The legal framework for safeguarding

In England, the legal framework for safeguarding in education is underpinned by several key pieces of legislation, including the Education Act 2002 and the Children Act 1989. These laws set out the duties of schools and local authorities to safeguard and promote the welfare of children.

The Department for Education’s statutory guidance, Keeping Children Safe in Education, outlines the responsibilities of schools and colleges in safeguarding children. This includes having clear procedures for identifying and reporting safeguarding concerns, ensuring all staff are trained to recognise signs of abuse, and appointing a designated safeguarding lead (DSL) to manage safeguarding issues.

Safer recruitment practices and vetting requirements

Additionally, the Disclosure and Barring Service (DBS) plays a crucial role in safeguarding by providing background checks on individuals working with children and vulnerable adults. Employers must ensure that they comply with DBS requirements and only employ individuals who have been appropriately vetted.

Investigating safeguarding concerns: best practices

When a safeguarding concern arises, it is imperative that it is investigated thoroughly. This involves gathering all relevant information, interviewing those involved, and assessing the risk to the child or young person. The investigation should be conducted in a fair and impartial manner, ensuring that all parties have the opportunity to provide their account of events.

The importance of a thorough investigation cannot be overstated. It ensures that any potential risks are identified and mitigated, and that appropriate actions are taken to protect the child or young person. Moreover, it provides a clear and documented account of the concern, which is essential for transparency and accountability.

Employment references and safeguarding

When it comes to providing employment references, particularly for teachers, it is crucial that any safeguarding concerns are fully investigated and concluded before they are mentioned in a reference. According to the statutory guidance, only substantiated safeguarding concerns or allegations that meet the harm threshold should be included in references. This ensures that references are fair, accurate, and do not unjustly harm an individual’s career prospects.

For example, if a teacher is under investigation for a safeguarding concern, it would be inappropriate to include this in their reference until the investigation is complete and a conclusion has been reached. This protects the teacher’s right to a fair process and prevents the dissemination of potentially damaging information that has not been substantiated.

What recent court rulings mean for safeguarding disclosures

Recent court judgments have highlighted the importance of handling safeguarding information in employment references with care. In the case of Smith and Anor v Surridge & Ors [2025] EWHC 74 (KB) (where we acted for the defendant), two secondary school teachers sued their former employer for libel, negligent misstatement and misuse of private information after their job offers were withdrawn due to a reference from their former school which had mentioned safeguarding issues during their employment.

The court found that the reference was made on an occasion of qualified privilege and was not malicious. The claims of negligent misstatement and misuse of private information also failed.

This case emphasises the importance of understanding the meaning and application of the term ‘safeguarding’ and how it is used in the context of an employment reference.

Key takeaway for schools and colleges

Safeguarding in education is a vital responsibility that requires vigilance, thorough investigation, and adherence to legal and ethical standards. Before including any safeguarding concerns in an employment reference, it is essential to ensure that the concerns have been fully investigated and substantiated. This approach not only protects the welfare of children and young people, but also upholds the rights of teachers and staff to a fair and just process.

How we can help

Our education law specialists provide expert advice on safeguarding obligations, safer recruitment processes, and employment references. Whether you need support drafting policies, handling safeguarding investigations, or managing complex employment issues, we’re here to help.