Sexual Harassment in Schools

There is statutory guidance available titled Keeping Children Safe in Education for staff of relevant schools which includes a lengthy section on child-on-child sexual violence and sexual harassment. The following advice applies to all types of school; this includes Local Authority maintained, Academy and Independent schools. This information page will cover how schools should work to prevent sexual harassment/violence and how to respond when incidents of sexual harassment/violence occur.

Definitions

Sexual Harassment

Sexual harassment refers to unwanted conduct of a sexual nature that can occur online and offline and both inside and outside of school. This includes:

• Sexual comments
• Sexual “jokes” or taunting
• Physical behaviour
• Online sexual harassment

Sexual Violence

Sexual violence refers to an act which would be considered a sexual offence under the Sexual Offences Act 2003. This includes:

• Rape
• Assault by Penetration
• Sexual Assault
• Causing someone to engage in sexual activity without consent

School Duties

Schools have a duty to safeguard and promote the welfare of pupils. All schools must have regard to the government guidance on Working Together to Safeguard Children.

Furthermore, all schools are required to have a behavioural policy which seeks to reduce and tackle bullying. Further advice on this can be found on our information page on Bullying.

Relationships Education (for all primary pupils) and Relationships and Sex Education (for all secondary pupils) and Health Education (for all pupils in state-funded schools) is now mandatory. These should include a focus on healthy and safe relationships. In secondary school, issues such as sexual consent and harassment must be covered. The government has issued guidance on Relationships Education, Relationships and Sex Education (RSE) and Health Education.

Schools are encouraged to take a whole school approach to preventing sexual harassment/violence. This includes having a programme which educates pupils on:

• Healthy and respectful relationships
• What respectful behaviour looks like
• Consent
• Stereotyping and equality
• Body confidence and self-esteem
• Prejudiced behaviour
• That sexual violence and sexual harassment is always wrong
• Addressing cultures of sexual harassment

This should be embedded in the whole curriculum as well as the schools ethos and values. Those in school leadership roles should work together to develop how the programme will be delivered across different areas of the curriculum as well as through other methods such as school assemblies.

Schools should also have clear safeguarding policies. Staff should be appropriately trained in the safeguarding policy and how to deal with safeguarding concerns. All schools are required to have a designated safeguarding lead who has additional training to take the lead on safeguarding issues but all staff should be aware that it is everyone’s responsibility to deal with safeguarding and how to raise concerns. The safeguarding policy should also be communicated to pupils so that pupils are aware of how to report safeguarding concerns.

Schools should also work with other safeguarding agencies when there are concerns (for example, Children’s Services).

Responding to Reports of Sexual Harassment/Violence

Part five of the Keeping Children Safe in Education guidance addresses child-on-child sexual violence and sexual harassment. Systems should be in place so that pupils know how to report allegations of sexual harassment/violence. These systems should be clearly promoted as well as easily understood and accessible for all pupils. It should be acknowledged that the child may make disclosure to any trusted adult on the school staff which is why it is important for all staff to be aware of safeguarding procedures.

When a child discloses information of sexual harassment/violence the school must consider the best way to make a record of the report. Best practice is to wait until the end of the disclosure by the child and immediately write up a thorough summary. The person writing the summary should only include the information which the child has provided to them and should not include their own views or assumptions.

Schools should take all reports of sexual harassment/violence seriously; they should not minimise certain behaviours so that pupils feel that they are acceptable or that action will not be taken if they are reported.

It will be for the school to decide how they will address reports of sexual harassment/violence in the school based on the individual circumstances of each incident. It is important that the response is proportionate to the behaviour which has been reported.

For less serious incidents the school may carry out their own internal investigation and apply their own behavioural policy. This can include applying disciplinary sanctions to the child who carried out the act.

For more serious cases, the school may need to involve outside professionals such as Children’s Services and the police. It will be for the school to use their professional judgment as to whether outside agencies should be contacted but it will usually be reasonable to expect this will happen in cases where it seems sexual violence may have occurred. Generally, the school should seek consent from the child reporting the incident before sharing information. However, the school can share information without consent when it is in the public interest to do so, such as if a crime may have been committed or it is necessary for the welfare of a child.

The school should usually inform parents if a serious allegation has been made but the school may decide not to do so if they believe it may place the child or anyone else at risk of harm.

The school should conduct a risk assessment when reports are made of sexual harassment/violence to determine whether there is a risk to the child reporting the incident, the child who is alleged to have committed the act or others at the school. Risk assessments should be recorded (either in electronic or written form) and kept under regular review.

The school must ensure that the child reporting the incident is kept safe and feels supported. This may mean that the school should take steps to ensure that the child is kept separate from the child who may have committed the act, both during any investigations and afterwards if the school determine that an incident has taken place.

The school should also consider the needs of the child who may have carried out the act. The child is still entitled to an education; depending on what is proportionate, education may continue to be provided by the school or alternative provision (for example, if the child has been excluded or has bail conditions preventing them from attending the school). Reasons for the behaviour options for support to prevent further harmful behaviour should be considered.

Further Support

• Barnardo’s – UK charity supporting children and young people through their range of services.
• Lucy Faithful Foundation – UK charity dedicated to preventing child sexual abuse, including by working with offenders to prevent future harmful behaviour. They work with families affected by sexual abuse and also run the confidential Stop it Now! Helpline.
• Marie Collins Foundation – Charity that works directly with children, young people, and families to enable their recovery following sexual abuse.
• NSPCC – Children’s charity specialising in child protection with statutory powers enabling them to take action and safeguard children at risk of abuse.
• Rape Crisis – National charity and the umbrella body for their network of independent member Rape Crisis Centres.
• UK Safer Internet Centre – Provides advice and support to children, young people, parents, carers and schools about staying safe online.