Keeping learners safe: the role of local authorities, governing bodies and proprietors of independent schools under the Education Act 2002 (Welsh Government guidance document no. 283/2022)

In brief

Welsh Government safeguarding guidance for education settings in Wales, issued by the Welsh Ministers under section 175 of the Education Act 2002 (guidance document no. 283/2022, March 2022, replacing no. 275/2021): the Welsh counterpart to Keeping Children Safe in Education, which applies in England only. Local authorities and governing bodies of maintained schools and further education institutions must have regard to it, which means it must be taken into account and any decision to depart from it must be justified; under section 157 proprietors of independent schools must have regard to it for the purpose of meeting standards set in regulations (The status and content of this guidance; paragraphs 1.3 and 1.4). It covers the safeguarding framework in Wales, roles and responsibilities (including the designated safeguarding person and designated governor), responding to concerns, allegations against staff, bullying, online safety and safer recruitment, and ends with a model safeguarding policy and an audit tool. It has no trans-specific content and nothing on single-sex facilities, toilets, changing rooms or gender questioning: its text does not contain the words "transgender", "gender identity", "gender reassignment", "single-sex" or "toilet". Its touchpoints are a section on the Equality Act 2010 (paragraphs 1.19 to 1.22), the "Rights, respect, equality" anti-bullying guidance (paragraph 5.28) and "LGBT bullying" as one example topic in the audit tool (Annex 3, section 2).

Key provisions

• Status and content; paras 1.3-1.4 — Statutory status: a duty to have regard : The guidance is issued by the Welsh Ministers in exercise of their powers under section 175 of the Education Act 2002. Under section 175, local authorities and governing bodies of maintained schools and further education institutions must have regard to it; "have regard" means the guidance must be taken into account and any decision to depart from it must be justified (The status and content of this guidance). Under section 157, proprietors of independent schools must have regard to it for the purpose of meeting standards set out in regulations (same section). Per para 1.3, in deciding what arrangements must be made, local authorities and governing bodies must have regard to the guidance. Per para 1.4, proprietors of independent schools "must comply with this guidance to meet the well-being, health and safety standards prescribed in regulations under section 157" of the 2002 Act.
• Paras 1.19-1.22 — The Equality Act 2010 in the safeguarding framework : Per para 1.19, the Equality Act 2010 places a duty on governing bodies and proprietors to ensure the education setting meets the requirements of equality legislation; to meet its duty a governing body or proprietor should take all reasonable steps to ensure employees do not carry out unlawful discriminatory actions or behaviours, support and guide the setting to have due regard for equality in all its functions, and ensure the setting complies with the Equality Duty. Per para 1.20, there are general duties under the Act and specific school provisions in Parts 6 and 7 that prohibit schools from discriminating against, harassing or victimising prospective learners (in admissions), learners at the setting (including those absent or temporarily excluded) and former learners where a continuing relationship exists. Per para 1.21, local authorities in Wales have obligations under the school provisions where they are the responsible body, and as service providers and bodies carrying out public functions. Per para 1.22, the Equality and Human Rights Commission has produced "What equality law means for you as an education provider: schools", which advises on the specific responsibilities under the Act.
• Para 5.28 — Anti-bullying: the "Rights, respect, equality" guidance : Per para 5.28, the Welsh Government suite of guidance "Rights, respect, equality" provides statutory guidance for governing bodies of maintained schools and local authorities to help address and prevent bullying in education settings in Wales; it outlines the Welsh Government's expectations that schools take a proactive and holistic approach to prevent bullying, have an anti-bullying policy linking to behaviour and safeguarding policies, record and monitor incidents, and review anti-bullying policies and strategies in collaboration with learners at least every three years. Per paras 5.29 and 5.30, the suite also includes advisory guidance for children, young people and parents and carers, and online toolkits.
• Annex 3, section 2 — The one reference to LGBT pupils: an example in the audit tool : The safeguarding audit tool at Annex 3, recommended by the Welsh Government as a comprehensive tool (paras 1.44 and 2.28), lists among the evidence a setting might gather on how it communicates safeguarding issues "assemblies, class discussions, etc., where safeguarding-related issues have been addressed, e.g. bullying, LGBT bullying, substance misuse, child sexual exploitation, child criminal exploitation, online safety, absence/truanting, violence against women, domestic abuse and sexual violence, preventing radicalisation, extremism, etc." (Annex 3, section 2). The audit tool's policy list also includes a "school equality plan" (Annex 3).
• Paras 4.5-4.6, 4.11 — Independent schools: registration and the Welsh standards regulations : Per para 4.5, the Welsh Ministers are the registrar of independent schools in Wales and an unregistered independent school is an offence under section 159. Per para 4.6, the Independent Schools Standards (Wales) Regulations 2003 set the standards to which an independent school is inspected under sections 160(4) and 163(2), and Standard 3 is specific to safeguarding and promoting the well-being, health and safety of children. Per para 4.11, the same regulations set standards for children accommodated by a boarding school.

When relevant

Relevant to a school, college or local authority in Wales asking what its safeguarding duties are and what status Welsh Government guidance has (paragraphs 1.3 and 1.4), and to a multi-nation education body that needs each nation's counterpart to KCSIE-2026, which applies in England only. It has no trans-specific content: it does not address single-sex toilets or changing rooms, gender-questioning pupils or social transition, and the toolkit cannot draw any answer on those questions from it. Its equality content is a pointer to the Equality Act 2010 and the EHRC's education guidance (paragraphs 1.19 to 1.22). For facilities questions in Wales, the relevant standards are in school premises regulations that this record does not cover. Decision support, not legal advice.