Teachers using sexualised or offensive language with pupils does not meet the threshold for being reported to the relevant authority because it is a “low-level concern”, says the Department for Education.

The DfE’s updated safeguarding guidance for schools and colleges, published this morning, has a new section on allegations made against staff, which differentiates between those that meet the reporting threshold and those that fall under it.

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Among behaviour that the DfE says is below the threshold for a referral to the LADO (the local authority designated officer) and is considered a “low-level concern” is:

• Being over-friendly with children.
• Having favourites.
• Taking photographs of children on their mobile phone.
• Engaging with a child on a one-to-one basis in a secluded area or behind a closed door.
• Using inappropriate sexualised, intimidating or offensive language.

Last year Tes reported how a newly-qualified maths teacher was banned from the profession after he was found to have made comments about vaginas and called students “twat”, “prick” and “retard”.

New safeguarding guidance for schools

And research by Tes found that the most common reason for teachers being banned from the profession by the Teaching Regulation Agency was “behaviour relating to a breach of trust or boundaries”. 

But today’s updated guidance does say the term “low-level concern” “does not mean that it is insignificant”.

It states: “A low-level concern is any concern - no matter how small, and even if no more than causing a sense of unease or a ‘nagging doubt’ - that an adult working in or on behalf of the school or college may have acted in a way that is inconsistent with the staff code of conduct, including inappropriate conduct outside of work, and does not meet the allegations threshold or is otherwise not considered serious enough to consider a referral to the LADO.”

The updated 167-page guidance, called Keeping Children Safe in Education, includes new sections on how to support young victims of sexual violence and harassment or peer-on-peer abuse (including online) and on the availability of reporting channels.

It follows a report from Ofsted last month that concluded that incidents of sexual harassment and abuse have become “normalised” for schoolchildren.

The guidance also distinguishes between behaviour of low-level concern and that which it says “may meet the harms threshold”, which includes where a staff member or volunteer has:

• Behaved in a way that has harmed a child, or may have harmed a child and/or...
• Possibly committed a criminal offence against or related to a child and/or...
• Behaved towards a child or children in a way that indicates he or she may pose a risk of harm to children; and/or...
• Behaved or may have behaved in a way that indicates they may not be suitable to work with children.