The Parliamentary Under-Secretary of State, Department for Education (Baroness Barran) (Con)
My Lords, I join other noble Lords in thanking my noble friend Lady Jenkin of Kennington for securing this debate on the importance of safeguarding in our schools. Your Lordships have set me an impossible task in trying to address all of points raised; anything I am unable to cover in the time available I will follow up in writing. We have heard some very powerful and reflective speeches from across this House, and I thank all noble Lords who contributed to this important debate. As we heard, safeguarding our children both inside and outside of school is absolutely crucial. As the world evolves, so do the safeguarding risks our children face, and the challenges our schools face evolve with them.
As your Lordships are aware, all schools and colleges in England must have regard to the statutory safeguarding guidance Keeping Children Safe in Education. The guidance sets out the policies and procedures that teachers and leaders should follow to protect children while in school. Our schools and colleges are also part of a wider framework of safeguarding that includes local authorities, health and the police, each of whom have statutory duties to safeguard and promote the welfare of children. Safeguarding is everybody’s responsibility and everyone who comes into contact with children and their families has a role to play in identifying concerns, sharing information and taking prompt action.
Given the focus of the debate, I start my remarks on issues around the Government’s gender questioning guidance, but I aim to cover some of the wider points raised. I particularly thank the noble Baroness, Lady Morris, who I think was the first to raise this subject, for her tone and reflections on how much has improved over many years. I know she would agree that we owe a lot to every teacher for their part in that.
A number of noble Lords raised the issue of schools supporting the social transition of pupils who are questioning their gender, including my noble friends Lord Farmer, Lord Jackson of Peterborough and Lord Shinkwin—I was sorry to hear his remarks on the re-emergence of discrimination towards disabled people. I also thank my noble friend Lord Roberts for his historical perspective on these issues. Obviously, how we respond to such requests is an important safeguarding and welfare question. As your Lordships pointed out, recent years have seen a large increase in children seeking support. The number of children seeking medical support for gender dysphoria was 20 times higher in 2022 than a decade ago. Schools are not taking decisions about clinical support, of course, but that does not mean that decisions about social transition can be taken lightly. Actions such as changing names and pronouns are serious and can have a wider impact.
The Cass review highlighted the importance of safeguarding, stressing that social transition
“is not a neutral act”,
and that
“it may have significant effects on the child or young person in terms of their psychological functioning”.
But the review also says that not supporting social transition is also not a neutral act. There is not clear information on the long-term effects. That is the background to the guidance that we have been working on carefully and will be publishing for consultation shortly. I am not going to pre-empt that publication in this debate, but I can reassure noble Lords that the issues raised today are very much being considered in its development.
Safeguarding and welfare will be absolutely central to decisions taken by schools, considering the implications for individuals and for the wider school. In that context, biological sex is vitally important. Single-sex spaces, as raised by my noble friend Lady Eaton, need to be maintained; school sport, which was touched on by my noble friends Lord Sandhurst and Lord Wrottesley, must be safe and fair. It is also vital that parents should be engaged in decision-making about their children. That is a principle at the heart of other school processes, such as deciding on support for children with special educational needs, and it is just as important here. Parents are the ones who know their children and their wider lives best. I have to disagree with the noble Baroness, Lady Brinton, about keeping this information from parents, except in absolutely exceptional circumstances.
I should also emphasise that we will be holding a consultation on the guidance. While I am confident that we have considered the issues raised, we really do want to gather a full range of views. I hope that your Lordships and members of the public will respond to let us know the extent to which it clarifies these issues for schools because, as we heard from the noble Baroness, Lady Morris, and others, there is a central point about having certainty and clarity for teachers on how they should respond to these very sensitive and difficult issues.
The noble Lord, Lord Cashman, asked me to clarify that we will not repeat the mistakes of the past. Just to be clear, the guidance will aim to support and protect all pupils, including those who are questioning their gender. One of the key principles to have guided this work is that schools and colleges should be respectful and tolerant places, where children are treated with compassion and understanding, and where bullying is never tolerated. But at the heart of this guidance is child safety and well-being; as I mentioned, the interim Cass report confirmed that we need better information about the long-term implications of social transition, which is why the Government are advocating a cautious approach.
My noble friend Lady Browning talked about the gap in evidence in relation to girls with autism, and the noble Lord, Lord Cashman, asked that we would be driven by verifiable evidence. One of the challenges in this area is that there is insufficient evidence—I hope the noble Lord would accept that—and even less uncontested evidence. It is important that we work to fill that gap, but at the heart of the guidance will be the best interests of the child and clarity for teachers and other staff in schools about how to respond.
Going more broadly to the issues in the RSHE curriculum, noble Lords have raised the issue of sharing those materials with parents. We have brought forward the review of the RSHE curriculum. As I think your Lordships know, we have appointed an independent panel to advise the Secretary of State on the introduction of age limits on teaching sensitive topics. The Secretary of State wrote to all schools in October, clarifying how they can share materials with parents while remaining within copyright law. My noble friend Lord Jackson of Peterborough raised this; I would be delighted to meet him to discuss the complaints he has been made aware of and how the department has responded.
He also mentioned that the School of Sexuality Education was a contributor to the department’s guidance. Can he point me to that reference? We have checked our list of expert contributors and it does not appear to be on it. If he has evidence of that, clearly I will happily take that away if he could write to me.
The Secretary of State’s letter also set out:
“The copyright act allows schools to copy resources proportionately, for the purposes of explaining to parents what is being taught”,
including
“via a ‘parent portal’ or … a presentation”.
The letter was also clear that, where parents cannot access the parent portal or presentation,
“schools may provide copies of materials to parents to take home on request, providing parents agree to a … statement that they will not copy the content or share it further except as authorised under copyright law”.
The points made in this letter will be reflected in the updated statutory RSHE guidance, which schools will have a duty to have regard to.
My noble friend Lady Jenkin asked about the timing of the publication of the guidance and the consultation. We will be consulting on it in the near future and expect the guidance to be published in 2024, with the consultation being launched early in the new year.
I turn to online safety in schools. My noble friend Lord Leicester and the noble Baroness, Lady Wilcox, raised the issue of children’s access to pornography, which obviously is a serious concern, for all the reasons that your Lordships have set out this afternoon. We have updated the Teaching Online Safety in Schools non-statutory guidance this year, which covers how to teach all aspects of internet safety, not just those relating to relationships, sex and health.
Your Lordships will be aware that the Secretary of State has committed to introducing a ban on mobile phones in schools. My noble friend Lady Jenkin asked about the timing. We expect to provide more information on that early in 2024 and, obviously and importantly, the Online Safety Act takes a zero-tolerance approach to the protection of children and will ensure that platforms are held responsible for the content that they host.
The noble Lord, Lord Cashman, also raised the question of whether schools would return to the days of Section 28. I can reassure the noble Lord that that is absolutely not the case. The RSHE guidance is clear that pupils should be taught LGBT content at an age-appropriate point in their education and that they should know about protected characteristics within the Equality Act. However, we need to provide clarity for schools and colleges and, importantly, reassurance for parents on the content that is being taught.
I turn to mandatory reporting, which was raised by the noble Baronesses, Lady Brinton and Lady Walmsley, I think there might have been a slight confusion in relation to the Keeping Children Safe in Education guidance, which obviously has been published and therefore predates the Government’s publication in relation to the child sexual abuse mandatory reporting duty that we have committed to introduce.
We have committed to working across government to consult on how this will work in practice, sensitive to the wider impact of this and burdens, and will work through whether action is needed at an organisational or individual level, or indeed at both. In developing our proposals, which we have consulted on, we looked carefully at the experiences of other countries that have mandatory reporting, including Australia and Canada, as the noble Baroness, Lady Brinton, asked.
My noble friend Lady Jenkin and the noble Baroness, Lady Wilcox, raised the very important issue of children’s mental health. Obviously, that is a real priority and concern. We are investing an additional £2.3 billion a year in NHS mental health services by March 2024, which will help 345,000 more children and young people to access mental health support. We are also committed to supporting schools with our offer of senior mental health lead training, which has already been accessed by over 14,000 settings.
Of course, the other side of mental health is resilience and well-being and I will pick up on the comments of my noble friends Lord Sandhurst and Lord Wrottesley about the importance of sport and PE, and indeed wider extracurricular activities, in building children’s and young people’s resilience.
I turn to the issues of extremism in relation to safeguarding schools, raised by my noble friend Lord Farmer and the noble Baroness, Lady Uddin. The House may be aware that I and fellow Ministers have had several discussions with faith and non-faith primary and secondary school providers, particularly in relation to the impact of the conflict between Israel and Hamas on both Muslim and Jewish and other students in a range of settings. As a result of these meetings, we have agreed to prioritise actions to tackle inappropriate misinformation and disinformation about the conflict, particularly on social media, and we will be issuing guidance to teachers and schools on promoting tolerance and addressing racism and anti-Semitism. We have also updated our Educate Against Hate website, which provides resources and lesson plans for schools to support them in holding these very sensitive discussions.
My noble friend raised the issue of protests held in school hours. The Government are absolutely clear that it is not acceptable that children are not in school because of political activism. I am aware, having spoken to head teachers, how much pressure they are under from some parents, and indeed some colleagues, to allow children out of school. I think it is very important, as a Government, that we are clear that we support them and that they are doing the right thing to make sure that their children are in school.
The noble Baroness, Lady Uddin, raised some concerns about Prevent. I can only disagree with the vast majority of what she said. Prevent plays an important part in safeguarding. Going back to the opening comments of the noble Baroness, Lady Morris, about how far we have come, we are able to intervene much earlier, which any parent of a child at risk of being drawn into extremist ideologies, whether far right or otherwise, would be grateful for. We feel that it is a really important plank and part of that progress.
I want to say a word about attendance, raised by the noble Lord, Lord Hampton, and others. There is always a competition to be the most important thing, but this is certainly one of the most important things for us in the department: partly because of the issue of safety—children are safest when they are in school; partly because of the impact on their education, and we are very grateful to the Children’s Commissioner for her recent work on the impact on children’s attainment of missing school; and also because we know that children become invisible to all services when they are not in school. School is such an important place.
It was genuinely moving to listen to the noble Lord, Lord Hampton, talk about the care that teachers take, spotting how children behave in the playground, the corridor and the classroom, and that is where we need them to be.
My noble friend asked me about whether we would consider schools and academy trusts issuing fixed penalty notices for poor attendance. Obviously, schools can ask local authorities to issue those fines and local authorities have the legal responsibility to do that. If my noble friend has examples where that is not working well in practice, I would be happy to take those up.
I am out of time, but I will say quickly to the noble Lord, Lord Hampton, that we do support the Children’s Commissioner’s recommendation of mandatory participation in the attendance data; some 87% of schools send in their data voluntarily. I thank my noble friend Lady Bottomley for her incredible work on the Children Act, which has been such an extraordinary influence in this country, and to share her recognition of the work of social workers, health visitors and teachers.
In closing, I thank again all noble Lords who spoke on this debate and, on your Lordships’ behalf, all those who work in schools, teachers in particular, for their work every hour, every day, to keep our children safe.