Education and Training (Welfare of Children) Bill
(Limited Text - Ministerial Extracts only)
Read Full debateWednesday 14th October 2020
(4 years ago)
Public Bill CommitteesEducation and Training (Welfare of Children) Act 2021 Read Hansard Text
This text is a record of ministerial contributions to a debate held as part of the Education and Training (Welfare of Children) Act 2021 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
Mr Perkins
I could not agree more. It is important that children and young people with autism and the particular vulnerabilities that they face are not left out of our discussions. It is absolutely right that they need to be safeguarded. That is one reason that there is such support for the Bill.
While this is a technical change, it is of real importance, because specifying and putting front and centre that safeguarding duty is absolutely crucial. We all know that ignorance of the law is not a defence in law, but making sure that fewer employers are ignorant is one of our responsibilities in this place. I think this Bill will achieve that. I congratulate my hon. Friend the Member for City of Durham on introducing the Bill and I am glad that there seems to be such widespread support for it.
The Parliamentary Under-Secretary of State for Education (Gillian Keegan)
It is a great pleasure to serve under your first chairmanship, Ms Cummins, and I extend my heartfelt congratulations to the hon. Member for City of Durham on introducing the Bill and progressing it to this stage. I am pleased to work with her on this important issue, and in a collaborative, cross-party way, because, as she rightly points out, we are often at our best in this House when doing so. I thank all hon. Members for their contributions.
It was clear on Second Reading that the Bill had cross-party support, and I am pleased that the same is the case at this stage. I feel confident in recommending the Bill’s passage to its remaining stages and I thank the shadow Minister, the hon. Member for Chesterfield, for his comments. We take seriously our duty to protect young people at each critical stage of their development.
Jonathan Gullis
This is a really good opportunity to use the Bill as a way to look at independent training providers. While there are many fine examples, there are also too many duds out there, to be quite frank. I really hope that we can use this opportunity to review the quality of independent training providers, especially for those children who have special educational needs and disabilities.
Gillian Keegan
A lot of work has been done on the quality, which my hon. Friend rightly says varies.
Often when putting things in legislation, it is worthwhile taking a moment to think about the impact it has on people. I was struck by the intervention made by my hon. Friend the Member for Bury North on behalf of those with autism. We know that a lot of children at this age struggle to get into employment, and it is our duty to give all the support that we can at that fragile and vulnerable stage, as he said. Actually understanding the difference we can make in this place in highlighting those issues is also important. I know that all hon. Members agree that the safety and welfare of children are of the utmost importance. The Government take these issues extremely seriously, which is why we are pleased to support the Bill.
The post-16 education sector is rich and diverse. It offers A-levels, T-levels, apprenticeships, traineeships and so much more, but that also means that it is a complex landscape with a range of academic, vocational and technical training providers, which sometimes vary in quality. Providers of post-16 education and training that are funded by the Education and Skills Funding Agency already have safeguarding requirements placed on them, but the nature of those requirements varies. Certain providers have statutory safeguarding duties placed on them, and others have safeguarding requirements placed on them as a result of conditions of funding, as the hon. Member for City of Durham laid out. Those are all contractual obligations, and all providers are subject to inspection by Ofsted, which ensures the quality.
The Bill is designed to streamline and simplify the system by making it easier for providers to understand what safeguarding actions they need to take, and it will bring clarity to students, apprentices and their parents on the protections in place to keep children safe at college and at work.
This is a simple Bill. Clause 1 makes the Secretary of State for Education directly accountable for ensuring that the terms of funding provided to post-16 education and training providers include safeguarding duties. It extends safeguarding duties that already apply to schools and colleges to 16-to-19 academies, special post-16 institutions and independent training providers that provide further education. In other words, all providers that are directly funded by the Government for the provision of further education will have a legal duty to make arrangements to safeguard and promote the welfare of children as a condition of funding.
The clause also means that those providers must have regard to guidance issued by the Secretary of State for Education, such as “Keeping Children Safe in Education”. That provides information on how to identify abuse and neglect and what to do when there are concerns that a child has been, or is being, harmed. We agree that having one set of guidance covering all providers will simplify safeguarding and make it far clearer and more transparent.
James Daly
If I may come back to the definition of welfare and safeguarding, one thing about the welfare of children in education is how their needs are protected by the education provider. An autistic child may need one-on-one support or a certain environment that enables them to learn and to address their challenges. May I confirm that the welfare of the child in the educational setting and the requirement that that puts on providers to seek the best way to ensure that such children can succeed are encompassed in the spirit, if not the wording, of the Bill?
Gillian Keegan
My hon. Friend makes a very good point. The “Keeping Children Safe in Education” guidance sets out the type of consideration that providers need to show and goes into a great deal of information about special educational needs and disability. The Bill extends safeguarding duties that already apply to schools and colleges, including special schools and colleges of special educational needs, to new settings. The welfare and needs of the child are at the centre of that.
I am sure that all hon. Members wish to join me in thanking the providers of post-16 education up and down the country who work every day to protect our children. It is vital that parents and students have confidence that their education provider is doing all that they can, and should, to provide a safe, supportive learning environment that protects those students from harm. Providers must clearly understand what is expected of them, and having all the information in one place enables providers to get the help that they need quickly. That is why I strongly believe that the Bill will deliver consistency and simplicity to our diverse further education sector.
I thank all Members present today for their openness and constructive comments. I am confident from our discussions that we have the right foundations on which to progress the Bill. I am grateful to all Members present for taking the time to attend and contribute to this important debate. I pass on my gratitude in particular to the hon. Member for City of Durham for bringing this important issue to light and ensuring that the Bill will be enacted. I thank her very much for her support, and I commend the Bill to the Committee.
Mary Kelly Foy
I thank everyone for serving on the Committee, especially given the added challenges of covid. With that in mind, I thank the Clerks, the Chair and every civil servant who has assisted in the preparation of the Bill and the delivery of the Committee stage. The return to physical proceedings has caused incredible damage to the staff who keep this place running, and I am genuinely grateful for everything that they do. I am sure that my colleagues share that sentiment.
Education and Training (Welfare of Children) Bill
(Limited Text - Ministerial Extracts only)
Read Full debateFriday 12th March 2021
(3 years, 7 months ago)
Commons ChamberEducation and Training (Welfare of Children) Act 2021 Read Hansard Text Amendment Paper: Consideration of Bill Amendments as at 12 March 2021 - (12 Mar 2021)
This text is a record of ministerial contributions to a debate held as part of the Education and Training (Welfare of Children) Act 2021 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
Wes Streeting (Ilford North) (Lab)
I have really nothing further to add to the comments made by my hon. Friend the Member for City of Durham (Mary Kelly Foy). I look forward to hearing the Minister’s response and to moving on, hopefully promptly, to Third Reading.
The Parliamentary Under-Secretary of State for Education (Gillian Keegan)
I would like to thank my hon. Friend the Member for Christchurch (Sir Christopher Chope) for his interest in this Bill and for raising his concerns on behalf of businesses and training providers. However, I do believe the amendment he has put forward is unnecessary. This Bill does not place any new or additional burdens or costs on education and training providers. It is a technical change to put all Government-funded providers of post-16 education and training on the same statutory footing.
As I made clear in Committee, all children in post-16 education or training are currently protected by safeguarding arrangements. If a provider is already properly discharging its safeguarding responsibility, the change in this Bill will make no practical difference to it. It is not anticipated that this will add burdens or costs to businesses and training providers. As I am sure my hon. Friend is aware, safeguarding duties on providers can come from a variety of sources. This Bill simplifies a situation that is more complex than it needs to be.
The Bill, as currently drafted, will come into force two months after it is passed. Amendment 1 would add several months to that period, going beyond the start of the academic year, as the hon. Member for City of Durham (Mary Kelly Foy) said. I do not think it is in the spirit of clarity and simplification that has characterised the cross-party support of this Bill, and I ask my hon. Friend the Member for Christchurch to withdraw his amendment.
Gillian Keegan
I thank the hon. Member for City of Durham (Mary Kelly Foy) for her work on this Bill, and I congratulate her on introducing it and steering it through the House. Safeguarding, and particularly protecting children from online harm, is a subject that we are passionate about, and I am privileged to lend my support, and the support of a Government, to the Bill.
Cross-party support and co-operation have characterised the passage of the Bill, which is testament to the hon. Lady and to the importance that the House places on safeguarding children. I am extremely grateful to all hon. Members who have taken time to contribute during debates at each stage of the Bill. I know that, in many cases, these interventions have been informed by personal experience or the experience of constituents or training providers and other educational institutions.
It is vital that, at this challenging and important time in their lives, children feel safe; it is vital that parents can trust education and training providers, however these are constituted, to keep the children in their care safe; and it is vital that providers are clear about their duties and responsibilities to these children. I put on the record my thanks to all those in the sector who have worked so hard to welcome students back so successfully this week.
Let me be clear: all children in post-16 education and training are currently protected by safeguarding arrangements, but the duties that determine these arrangements come from a wide variety of sources, depending on the nature of the education or training provider. The post-16 landscape is diverse, to meet our diverse education and training needs, but the safeguarding duty does not need to be different. It should be clear and it should be universal. The changes in the Bill are important, but they are technical. They should not lead to additional costs or burdens on education or training providers. A provider that is already fulfilling its safeguarding duty would not need to make any practical changes.
I also support the Bill’s intention that all providers should have regard to the statutory guidance, “Keeping children safe in education”. Having one set of guidance that covers all providers will simplify safeguarding, make it more transparent and help ensure that safeguarding requirements remain relevant and up to date. As a result of this Bill, “Keeping children safe in education” will need to be amended, and we have undertaken to consult openly and widely with the sector to ensure that the guidance will be appropriate and proportionate.
In closing, let me once again thank the hon. Member for City of Durham for bringing forward this important Bill, which the Government are pleased to support.
Education and Training (Welfare of Children) Bill
(Limited Text - Ministerial Extracts only)
Read Full debateFriday 19th March 2021
(3 years, 7 months ago)
Lords ChamberEducation and Training (Welfare of Children) Act 2021 Read Hansard Text Amendment Paper: Consideration of Bill Amendments as at 12 March 2021 - (12 Mar 2021)
This text is a record of ministerial contributions to a debate held as part of the Education and Training (Welfare of Children) Act 2021 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
The Parliamentary Under-Secretary of State, Department for Education and Department for International Trade (Baroness Berridge) (Con)
My Lords, I am grateful to all those who have contributed to this debate today and pay particular tribute to the noble Baroness, Lady Blower, for sponsoring the Bill, and to the honourable Member for the City of Durham. It was a pleasure to meet the noble Baroness and I thank her for her efforts in developing the Bill and leading it successfully through this place. The importance we all place on safeguarding is underlined by the cross-party support and collaboration which has characterised, and I hope will continue to characterise, the passage of the Bill so far.
I am particularly grateful to the noble Lord, Lord Blunkett, for raising the importance of protective measures for young people in a sports context. The distressing reports we have seen this week highlight yet again how vital it is to have an effective, transparent and relevant safeguarding regime. As the Minister responsible for out-of-school settings, I will look at these matters in detail. The noble Lord also raised the issue of children in supported accommodation. Where a child cannot live at home, it is one of the state’s most important responsibilities to ensure that they are kept safe and flourish. That is why local authorities have a duty to provide services to safeguard and promote the welfare of children in their area. The situations he refers to concern accommodation, rather than education, but I am sure he is aware that we are banning, as of this September, the use of that accommodation for under-16s, and there will be a consultation on national minimum standards for those over 16 accommodated in that way.
The Bill will help streamline and simplify the current safeguarding system. It will give clarity on safeguarding to providers, students, apprentices and parents, making it easier to understand the protections that are in place. It will make the Secretary of State for Education directly accountable for ensuring that the terms of funding for post-16 education and training providers include safeguarding duties, further demonstrating the Government’s commitment to safeguarding. The Bill will ensure that safeguarding duties on providers of post-16 education or training will in future come from one of two sources: from the statute or the funding agreement with the Secretary of State. All providers must have regard to the statutory guidance, Keeping Children Safe in Education.
Our post-16 education and training landscape is diverse. It has evolved over time, as the noble Lord, Lord Blunkett, outlined, to respond to our diverse education and training needs, but within this diversity a potential anomaly has been identified which might give rise to some confusion over safeguarding duties. It is important that I take this opportunity to reassure the House that all children in post-16 education and training are currently protected by safeguarding arrangements; I can reassure the noble Lord, Lord Watson, in particular. However, there has been complexity over the origin of those duties and, in safeguarding, it should be simple and clear. So, for example, the safeguarding duties at the moment for providers of T-levels or training to apprentices aged 17 and below are determined by the statutory regime applicable to that provider type and through funding agreements. In contrast, safeguarding arrangements in 16 to 19 academies are a condition of funding agreements.
The specific obligations in these funding agreements will differ according to when the agreements were entered into. Inconsistencies in these obligations make safeguarding more complex for providers than it needs to be, and this will increase the risk of things going wrong. The origin of the safeguarding duties was raised by those providers. It is an attempt to future-proof: if it is the Secretary of State’s obligation to put it in a funding agreement, it matters not what kind of provider evolves in the future; it must be within the funding agreement.
On the question raised by the noble Baroness, Lady McIntosh, there is no change here to the funding of special educational needs placements; we have just brought into scope the specialist 16 to 19 providers. It will apply to any provider in the 16 to 19 sector where there is a contract and it is funded through the ESFA, which is basically public funding. The Bill will also ensure that the same safeguarding obligations that currently apply to schools are clearly placed on academy trusts in the 16 to 19 sector.
The Bill makes clear that all providers should have regard to the statutory guidance. To answer the noble Lord, Lord Young, there are annual updates to the guidance, but one year they will be technical updates and the following year substantive updates. It is unfortunate that, during Covid, we were in the process of doing the round of substantive updates, because the threats for children in education evolve and develop at pace. We now include specific sections on peer-to-peer abuse, on child exploitation, on county lines and so on. Unfortunately, the guidance needs to be looked at annually but, as I said, it is substantive one year and technical the next. However, having one set of guidance will make it simpler for providers to know what their duties are.
On the question raised by the noble Baronesses, Lady D’Souza and Lady Massey, the Secretary of State for Education is responsible for driving forward the policy on families and has appointed a specific adviser. We recognise that there is more to do on cross-government co-ordination but, to answer the noble Baroness, Lady D’Souza, in the Department for Education we have a mental health strategy task force group that is led by the Minister for Children and the Minister for Universities, Ministers Ford and Donelan.
The post-16 education and training provider landscape is diverse, but the safeguarding duty should be clear and universal. The changes in this Bill are important but technical. A provider which is already fulfilling its safeguarding duty would not need to make any practical changes. This Bill should not lead to any additional costs or burdens on education or training providers—in fact, quite the opposite.
The Government are pleased to be able to support this Bill. It simplifies the current system and clarifies the duties and obligations on education and training providers. Ultimately, its overwhelming purpose is to keep children safe in education.