Education and Training (Welfare of Children) Bill

(Limited Text - Ministerial Extracts only)

Committee stage & Committee Debate: House of Commons
Wednesday 14th October 2020 Public Bill Committees

[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.

--- Later in debate ---

[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.