Psychological Safety of Students: Duty of Care in Schools to Provide a Safe Learning Environment
Schools and other organisations working with children and young people owe a duty of care to students. Schools and staff are required to keep children and young people safe from harm, which includes providing a safe learning environment. Ensuring a safe learning environment is not limited to physical safety – it includes an environment where the emotional, psychological and cultural safety of students is protected. Schools must be taking steps to prioritise the psychological safety of their students, which in turn translates to increased student engagement and wellbeing, reduced bullying and improvements in behavioural issues. Failing to provide a safe learning environment may also cause emotional or psychological harm to a student or be considered a reportable allegation under the Reportable Conduct Scheme.
At Safe Space Legal we conduct a significant number of independent child safety investigations across Australia. Anecdotally, we are seeing an increase in the number of allegations where students’ psychological safety has not been prioritised, and staff members have engaged in misconduct in the classroom where students have been emotionally or psychologically harmed, which can have a significant impact on the child, their families and the staff member involved.
The Commission for Children and Young People (CCYP) have reported[1] that allegations of behaviour that causes significant emotional or psychological harm constitutes approximately 20% of all allegations reported to the CCYP. Failing to provide a safe learning environment may also constitute an allegation of significant neglect.
The impact on students where their psychological safety has not been prioritised can be catastrophic and can have significant impact on the child or young person both at home and in the classroom.
What is duty of care?
Schools, and other organisations working with children and young people, must take reasonable steps to mitigate the risk of harm to children and young people. The legal term for this responsibility is referred to as ‘Duty of Care’. Duty of care is non-delegable. Schools must take reasonable steps to:
- Reduce foreseeable risks that is not insignificant; and
- That a reasonable person in their position would have taken.
For Schools to comply with its duty of care, the School must provide safe premises and learning environments by implementing strategies to prevent reasonably foreseeable injuries, including physical and psychological injury from the conduct of staff and other students.
What is psychological safety?
In essence, psychological safety is about creating an environment that ensures every member of the school community feels respected and empowered. This often manifests in the classroom with students feeling comfortable speaking up and taking risks, and where making mistakes is viewed as an opportunity for learning and growth. Further, psychological safety is about creating an environment where diversity is celebrated and students are not humiliated, teased or discriminated against, by other students or staff.
What does psychological safety look like in practice?
- Students willingly attending school
- Students feeling comfortable to ask questions
- Students feeling comfortable in admitting confusion
- Students seeking help and feedback from staff
- Openly addressing problems in the classroom
- Risk-taking in learning
- Increased level of engagement and voluntary participation in activities and discussion
- Empathy and respect fostered between peers
- Positive professional relationships between staff and peers
Why is psychological safety important?
Research suggests that there is a relationship between psychological safety at school and student wellbeing. Increased levels of self-confidence and self-esteem have led to enhanced student development. In the classroom, increased levels of student engagement in turn translates to students being able to reach peak academic performance. There is also research which links psychological safety to reduced bullying and behavioural issues. The duty of care that schools owe their students extends to minimising harm caused by peer-to-peer bullying and staff conduct.
What should schools be doing?
Organisations need to ensure they are upholding the National Principles for Child Safe Organisations (National Principles) and relevant state-based Child Safe Standards. The National Principles emphasise the positive obligation for Schools to prioritise psychological safety, particularly Principle 8, ‘Physical and online environments promote safety and wellbeing while minimising the opportunity for children and young people to be harmed.’
Schools must take a holistic approach to psychological safety, with members of leadership and teaching staff critical to establishing the culture. Focusing on building trust between students and teachers, fostering open communication and active listening, and encouraging risk-taking in the classroom are important pillars of a psychologically safe learning environment.
Schools should be taking steps to prioritise psychological safety by:
- Training – ensuring there are training programs for staff members that focus on the principles of psychological safety and professional conduct
- Policies and guidelines – ensuring there are clear and well-communicated policies in place that outline expectations and procedures. This includes ensuring there is a Child Safety and Wellbeing Policy, a Child Safety Code of Conduct and an Equity, Inclusion and Diversity Policy in place.
- Conducting regular safety audits to ensure there are real-time responses to any incidents or areas of concern.
- Responding to any incidents in a trauma-informed manner where the students’ voices are heard
- Ensuring that students’ additional needs are well communicated to staff and that staff are educated to support students in the classroom
- Creating safe spaces for students to support their needs – this can take the form of check-ins with students or even designated quiet corners in the classroom
- Ensuring there are strategies in place to protect the wellbeing of teachers and other staff members and provide staff with support to manage challenging classroom dynamics.
How can Safe Space Legal help?
Safe Space Legal has extensive experience working with schools and other organisations to ensure they are meeting their child safety obligations. Safe Space Legal empowers organisations by:
- Conducting tailored Child Safety Training, including to Schools on Duty of Care and staff conduct
- Drafting best practice child safety policies, procedures and codes of conduct;
- Conducting gap analysis audits;
- Conducting independent child safety investigations which are compliant with relevant state and territory schemes; and
- Provide advice on risk mitigation.
Contact office@safespacelegal.com.au or call 03 9124 7321 to organise a complementary discussion in relation to your organisation’s child safety and safeguarding needs.
[1] Annual-Report-2023-24-Commission-for-Children-and-Young-People.PDF