Schools: Safeguarding

Baroness Jenkin of Kennington Excerpts

Thursday 7th December 2023 Lords Chamber

Moved by

[Baroness Jenkin of Kennington]

That this House takes note of the importance of safeguarding children in schools.

[Baroness Jenkin of Kennington (Con)]

My Lords, I thank all noble Lords participating today and those—five or six, I think—who have had to scratch from the debate due to travel issues. I am especially sorry that the noble Baroness, Lady Meyer, was taken ill overnight and is unfortunately unable to be with us.

The importance of safeguarding children is well established and considered vital in underpinning the operation of a safe and functioning society in the UK, so there should not really be any need for us to have a debate about its importance at all in 2023. As a country, we should be able to protect all children from harm both outside of school and, especially, within it. We have in place the protocols, mechanisms and routines. Schools should be able to facilitate children to explore ideas about themselves and the world in ways which do not harm them, but children today find themselves facing a tidal wave of troubles and challenges: poor mental health, body image issues, violent pornography and online bullying for starters. Our children are unhappier than ever. What has gone wrong?

The Government’s definition of safeguarding encompasses a holistic range of measures that must be met to ensure children are safe, healthy and able to flourish. Working Together to Safeguard Children defines safeguarding as

“protecting children from maltreatment … preventing impairment of children’s mental and physical health or development … ensuring that children grow up in circumstances consistent with the provision of safe and effective care”,

and

“taking action to enable all children to have the best outcomes”.

Outside of the home environment, there is nothing more formative for a child than their experience at school. Consequently, parents place profound trust in schools not just to provide their child with an education but to protect their mental and physical safety too. In turn, teachers and schools take on great responsibility—one that goes well beyond the planning, preparation and delivery of lessons, the marking of work and a focus on academic development. All of those working with children in schools fundamentally shape the environment in which they grow up and are responsible to ensure this environment is, at a minimum, not harming them.

This speech starts from the belief that teachers, parents, and carers are united in wanting the best for children, but the world has changed beyond recognition since the legislative framework for safeguarding was introduced. As well-established as safeguarding protocol is in this country, it must be able to adapt in the light of new safeguarding risks facing children today.

Safeguarding is the responsibility of everyone who comes into contact with a child and their family. It is thanks to my noble friend Lady Bottomley of Nettlestone—I am delighted to see her in her place—who, as Secretary of State, introduced the Children Act in 1989, 34 years ago, during which time the world has changed beyond recognition, that we have the legislative framework for the requirements and expectations of child safeguarding in England, reinforced by subsequent legislation in 2004. Section 11 of the Children Act 2004 states that any organisation or function providing services to children is legally required to promote their welfare and to safeguard them. The Government bolstered this legislation with several statutory documents that set out safeguarding duties on schools. The Office for Standards in Education, Children’s Services and Skills—Ofsted—highlighted in its 2017-2022 strategy:

“Even more important than ensuring young people are learning well is ensuring that they are safe”.


Ofsted expects every school to have a “culture of safeguarding” and a school should be deemed automatically inadequate if these measures are found to be ineffective. Even though this occurs in a tiny minority of schools, Ofsted considers safeguarding to be an utmost priority.

What does this mean in practice? It means several things. Schools are required to work closely and co-operatively with appropriate local authority partners in a local community to ensure no child is able to slip through the net. They are required to adopt an “it could happen here” mentality, which works from the fundamental premise that every adult has the potential to harm a child. Safeguarding does not accept that simply because someone appears harmless, they can be considered to be so. Information sharing is foundational to this; schools are not in the business of keeping secrets. A teacher should never promise confidentiality to a child, and the Government provide six information sharing principles for child practitioners, including accuracy, security and timeliness.

Another vital safeguarding measure is the importance of parental responsibility. The law is clear that no other body is to assume parental responsibility for a child unless the court intervenes. Although there are exceptions, parents are accepted to be the most emotionally, socially and financially invested in the welfare of their children. Those who have parental responsibility for a child should be empowered to make decisions about that child.

We clearly have the infrastructure designed to make sure we keep children safe, so why are Britain’s children unhappier than ever? According to the NHS, in 2017, one in nine children aged between seven and 16 had a probable mental health disorder. By 2020, that number was one in six. In 2022, one in four young people aged 17 to 19 reported mental health issues. One in eight children report being bullied online through social media platforms. Our mental health services for children and young people are in a dire state, with children and young people’s mental health services buckling under the burden of demand. Do the Government have any plans to develop and implement a strategy to tackle mental health in schools?

Ofsted reports that peer-on-peer sexual abuse in schools is on the rise. Sexual harassment is prevalent in schools, and is more prevalent by boys to girls. This is unsurprising, given the normalisation of sexual violence in online pornography and the role it is playing in shaping a child’s understanding of sex and relationships. As the Children’s Commissioner reported in January, the average age at which children are first seeing pornography is 13. Some 10% of children surveyed first saw porn age nine. As I am sure we will hear later in the debate, the impact of pornography on destroying young minds cannot be overstated. Anyone who doubts this should look on YouTube at a film called “Raised on Porn”, which explains the effect on a child’s brain of watching pornography at an age when they are unable to compute what they are seeing. Age verification, brought in with the Online Safety Act, should go some way to resolving this, but the normalisation of porn consumption among young people is nothing short of a safeguarding catastrophe—although I am not, of course, blaming schools for this.

Social media and smartphones have become an integral part of the lives of children and teenagers. This is 24/7: no longer are children likely to be kicking a football around the school field or chatting in the canteen at lunch. Instead, they are disassociated from the real world around them, plugged into an online world with limitless boundaries and unfettered access to potentially dangerous actors across the world. As psychology professor and expert Jonathan Haidt put it, “Childhood has been rewired”. His research suggests that social media is making children more fragile, angrier and more likely to take offence. This is having a particularly damaging effect on girls, yet some schools still allow children to walk around the school corridors glued to their smartphones.

If the damage is so clear, why are we not seeing this as a safeguarding issue? I welcome the Secretary of State for Education’s pledge to issue guidance cracking down on smartphone use in schools. Can my noble friend the Minister say when this guidance is likely to be published?

As well as the proliferation of poor mental health, porn and social media, many schools are adopting an ideological approach towards sex and gender, and issues around identity. This is leading to a violation of trust between parents and teachers. According to a report by Policy Exchange, 69% of schools are not reliably informing parents when a child experiences gender distress at school and 25% of children are being taught that they can be born in the wrong body. As Dr Hilary Cass has said in her interim report into services for gender-distressed children and young people,

“social transition … is not a neutral act”.

Some schools are breaking the safeguarding rules by legitimising withholding vital information from parents, promising confidentiality to children and compromising single- sex spaces—most vital for both sexes in navigating the trials and tribulations of puberty.

Ultimately, schools risk usurping the roles of parents when it comes to navigating highly sensitive cultural issues such as sex, race and gender. Schools have an obligation to remain politically impartial when teaching these issues, but we know they are not always doing this. Statutory guidance exists but many believe it needs to be stronger. Can my noble friend confirm whether this guidance is under review and likely to be updated?

I am sure we all understand the pressures on teachers, who have an enormous responsibility in discharging safeguarding duties as well as providing an academic education. The way that closing schools during the pandemic has devalued the education system in the collective consciousness of the public has resulted in a sense that school is an optional extra, with huge numbers of society’s most vulnerable severely absent from it and parents willing to take children out of school for reasons such as politics and holidays. Will my noble friend consider enabling schools and academy trusts to issue fixed penalty notices for poor attendance?

Again, I do not underestimate the pressure that teachers are under, so is my noble friend aware that teachers are being called up for jury service with no concern about the impact on both them and the children they teach? Would she consider raising with colleagues in government whether teachers could be exempt from jury service during termtime, or guidance created for the courts to ensure teachers are not taken out of schools at critical times, leaving children untaught for lengthy periods?

Like many noble Lords, I hear from parents and teachers asking, “How can we let children be children?” For my generation—I think I am still just below the average age in your Lordships’ House—that is what we were. We read Ladybird books; we learned to read from Janet and John; our crazes, or our social contagions if you like, were potty putty, gonks and hopscotch. The most edgy thing we did in the break at school was to play kiss chase. That was about as extreme as it got. Thankfully, for my children’s generation there was no social media. I am not suggesting for a moment that people of our generation, and my children’s, did not experience bullying, violence and abuse, but thankfully they escaped the online world that children, their teachers and their parents have to navigate today. Quirky children are like quirky adults; they should not be bullied or picked on for being different. Whether it is for red hair, sexual orientation or being gender non-conforming, they should be supported to be themselves as they develop from childhood to adulthood.

I know that my noble friend the Minister will share all our concerns about the well-being of our children in schools. We cannot afford to drop the ball on safeguarding, even if that means admitting that mistakes have been made. Society is constantly evolving, and issues which previously did not exist, or may have been thought harmless or negligible, should now be re-evaluated in the light of safeguarding duties. Children deserve to be children and to grow and mature in school, knowing that they are safe from harm. They are already paying the price and it must stop.

--- Later in debate ---

[Baroness Jenkin of Kennington (Con)]

My Lords, we have had rather more than just a canter round these issues. We have had some very powerful contributions from many noble Lords, with a wide variety of focuses and expertise. Like my noble friend the Minister, I was interested to hear from my noble friend Lady Bottomley about the background and history of the Children Act and the importance of consistency. We have all mentioned the lived experience, as it is now called, at the coalface, described by the noble Lord, Lord Hampton. We are grateful to the noble Baroness, Lady Morris, for bringing the importance of the guidance for gender questioning, and to hear the response from the Minister. She has covered all the issues: sports; single-sex spaces; pornography; RHSE materials and parental access; the understanding of autism—particularly of girls; sexual abuse; the perspective of the noble Lord, Lord Roberts, as a historian; and gender distress and how to deal with it in the school environment. I am grateful to the noble Lord, Lord Cashman, for advertising the debate so widely on social media. We are all grateful to the Minister for her typically thoughtful response to the debate.

Motion agreed.