Section 175 of the Education Act 2002
Section 175 of the Education Act 2002 places a legal duty on local authorities, maintained schools and further education colleges to make arrangements to safeguard and promote the welfare of children. In simple terms, it is the law that says schools must take safeguarding seriously and have proper arrangements in place to keep children safe.
If you work in a school or college, you have probably seen Section 175 referenced in policies, inspection frameworks and your local authority’s annual safeguarding return. This guide explains what it actually requires, how it differs for academies and independent schools, and how to show that your school is meeting the duty.
What is Section 175?
Section 175 of the Education Act 2002 requires local authorities, maintained schools and further education institutions to carry out their functions with a view to safeguarding and promoting the welfare of children.
It does not set out a long list of specific tasks. Instead, it places a broad legal duty to have effective safeguarding arrangements in place. The detail of what good arrangements look like is set out in statutory guidance, in particular Keeping Children Safe in Education, which schools must have regard to.
The key point is that safeguarding is not optional or a matter of good intentions. It is a legal requirement, and schools can be held to account for how well they meet it.
What about Section 157? What is the difference?
Section 175 applies to local authorities, maintained schools and FE colleges. Independent schools, including academies and free schools, are covered by the equivalent duty in Section 157 of the same Act, which is given effect through the independent school standards.
The practical effect is the same. Whether a school falls under Section 175 or Section 157, it must make arrangements to safeguard and promote the welfare of its pupils. People often use Section 175 as shorthand for both.
What does the Section 175 duty mean in practice?
Meeting the Section 175 duty means having safeguarding arrangements that actually work, not just policies on a shelf. In practice, that usually includes:
- An up-to-date safeguarding and child protection policy that staff understand and follow.
- A designated safeguarding lead, and at least one deputy, with the training and time to carry out the role.
- Safeguarding training for all staff, at a level appropriate to their role, kept up to date.
- Safer recruitment practices, including the right checks and a single central record.
- Clear procedures for recording and reporting concerns and making referrals.
- Working with the local safeguarding partners to share information and protect children.
- Governor or trustee oversight, so the board can assure itself the arrangements are effective.
You can read more about the wider legal picture in our overview of safeguarding legislation, and about this Act specifically in our entry on the Education Act 2002.
How Section 175 links to Keeping Children Safe in Education
Section 175 is the legal duty. Keeping Children Safe in Education is the statutory guidance that explains how to meet it. Schools must have regard to the latest version, which is updated regularly, so part of meeting the Section 175 duty is keeping up with those changes. Our summary of the latest Keeping Children Safe in Education update is a useful starting point.
What is a Section 175 audit?
Having arrangements in place is one thing. Being able to evidence that they work is another, and it is exactly what inspectors and governors look for. This is where a Section 175 audit comes in.
Most local authorities ask schools to complete an annual Section 175 audit, sometimes called the Section 175 safeguarding return. It is a self-assessment that checks your arrangements against the statutory requirements. Completing it honestly is a valuable exercise in itself, and it gives you a clear record of where you stand.
Beyond the annual return, many schools go further with a fuller, independent safeguarding audit. This tests what is actually happening day to day, not just what the policy says, and produces a prioritised action plan for improvement. Our guide to the child protection audit explains what one covers.
If you would like an independent pair of eyes on your Section 175 and 157 arrangements, our experienced consultants can carry out a safeguarding audit or compliance review, so you can evidence your duties with confidence and get a clear action plan. We also provide safeguarding and DSL training to help your team meet the standard.
Frequently asked questions
It is the law that places a duty on local authorities, maintained schools and further education colleges to make arrangements to safeguard and promote the welfare of children. The detail of what that involves is set out in Keeping Children Safe in Education.
Section 175 applies to local authorities, maintained schools and FE colleges. Section 157 places the equivalent duty on independent schools, including academies and free schools, through the independent school standards. The safeguarding expectation is the same.
Yes. It is a statutory duty under the Education Act 2002. Schools and colleges must make arrangements to safeguard and promote the welfare of children, and they are held to account for doing so.
It is a safeguarding self-assessment, usually requested annually by the local authority, that checks a school’s arrangements against the statutory requirements. Many schools also commission a fuller, independent safeguarding audit alongside it.
At least annually, often through the Section 175 return, plus a review after any significant incident, change in leadership, or update to statutory guidance.
Not sure your school can evidence its Section 175 duties? Book a safeguarding audit or compliance review or talk to our team.