Indefinite Leave to Remain: Healthcare Workers

Alicia Kearns Excerpts

Monday 18th November 2024 Westminster Hall

[Alicia Kearns (Rutland and Stamford) (Con)]

It is a pleasure to serve under your chairmanship, Sir Edward. It is always a privilege to debate issues brought to us directly through petitions. I join the hon. Member for Caithness, Sutherland and Easter Ross (Jamie Stone) in thanking the Petitions Committee for all the work it does, particularly the Clerks. They are currently fortunate to have Rahul Sindwani within their team, who was my Speaker’s intern for a year. He is very much missed, but I am delighted that he has gone on to find another role within Parliament.

In today’s debate, it has been good to hear about the wide range of work that health and social care workers do on a daily basis. They are integral to our communities, supporting our loved ones during times of crisis, and our beloved older ones. I am deeply grateful for the work they do. The issue brought to us today highlights the broad and interconnected nature of immigration, a policy area with influences far beyond the remit of the Home Office. Few areas feel its effects more acutely than our health workforce, and that workforce is a vitally important matter.

The previous Government understood the importance of developing a strategy for the NHS workforce that extended beyond parliamentary cycles, taking into account its long-term impact. Our proposals aimed to reduce reliance on international recruitment agency staff. Our report stated that in 15 years’ time, we expect just 9% to 10.5% of our workforce to be recruited from overseas, compared with nearly a quarter now. That shift towards a home-grown health workforce is contingent on implementing education and training expansions as set out in our plans. I would be grateful if the Minister could confirm that that target remains and what steps the Government are taking to achieve it.

In Government, the Conservatives created the health and social care visa to facilitate the entry of top global health professionals into the NHS, aligning with the needs of both the institution and the country. Within its first three years, over 61,000 people had taken it up. I would like to clarify that health and social care workers are exempt from the immigration health surcharge, so that would not be a new proposal from other parties— it is the current existing policy.

We should discuss the basis for achieving indefinite leave to remain and why it matters. The standard requirement of five years is designed to allow applicants to build ties and demonstrate an ongoing commitment to the UK. In sponsored work routes, settlement relies on applicants having worked in their sponsored role for five years. Other requirements include demonstrating an adequate level of English. That is essential so that individuals can properly integrate into our communities. Integration is a crucial element of settlement. Delving into the definition of integration is complex, and I would not want to test the patience of the room on that matter. However, the data available is clear that migrants’ English language skills and labour market outcomes improve over time, giving them more opportunities to shape their own futures. That also benefits society as a whole.

While there are some limited circumstances in which individuals can apply for accelerated settlement, most routes leading to permanent residency require an individual to have done those five years. To me, and I am sure to many others, that represents an appropriate timeframe for people to build ties to the UK and their local communities. I am not convinced by the arguments that having two years instead of five somehow reduces the risk of abuse, and indeed slave labour, within the system. We must ensure that work standards are appropriate, and there are many routes for victims of slave labour to receive protections, such as the national referral mechanism, but it is quite fair that if someone cannot find another role within the UK, their visa would no longer be valid.

We did a lot of work when we were in Government to crack down on fraudulent social care companies, which are using this visa route to bring vast numbers of people to this country without social care jobs for them to go to. We have to recognise that, while the majority of people who apply to come and work in this country using the health and care worker visa are coming here for the right reasons, many companies have abused that route. That is why we have had to put in additional restrictions around that.

It is important to note that the rate of settlement in this country is managed thoughtfully, ensuring that those who successfully integrate have the opportunity to remain here indefinitely. Contrary to what was said in the opening speech, individuals can undertake additional paid work on a health and social care worker visa, as long as they continue in their sponsored role. They can also engage in unpaid voluntary work. That, again, helps them to identify alternative routes to employment, should they be unhappy with their sponsor.

As many Members will be aware, grants of settlement have generally increased since 2016, although they remain below the level seen in the early 2010s. While there was a slight decrease in 2023, it was still the second highest year for grants since 2013, with 119,000 granted. Could the Minister kindly set out whether the Government have considered the level of settlement grants they anticipate in the coming years, and how they plan to ensure that those remain sustainable?

All of us here appreciate the work of healthcare professionals, but, in our view, five years is a reasonable timeline to achieve indefinite leave to remain. It ensures that those who come to make permanent homes here have the time to lay down roots, to fully integrate with their neighbours and local community, and to demonstrate commitment to our country. As with all areas of visa policy, it is vital that we find a balance between ensuring robust protections against misuse, ensuring trust in its fairness from UK residents and citizens, and the rights and prospects of those coming here to make new lives and contribute.

The current timeframe for indefinite leave to remain is the correct one, and should not be shortened. Is that also the Government’s view? Are there plans to either review or change the eligibility criteria for indefinite leave to remain? Ultimately, we welcome the ongoing discussion around this issue; indefinite leave to remain is a serious status, and the five-year timeframe reflects the seriousness of that and the opportunities that being in this country offer to those with indefinite leave to remain.

Family and Work Visas

Alicia Kearns Excerpts

Wednesday 13th November 2024 Westminster Hall

[Alicia Kearns (Rutland and Stamford) (Con)]

It is a pleasure to serve under your chairmanship, Mr Pritchard, particularly in my first response to a debate in my new position. I know that the hon. Member for Belfast South and Mid Down (Claire Hanna) has been campaigning on this issue for some time. Although we may not agree on it, I applaud her for securing this debate.

Today we have heard much from hon. Members about the impact of eligibility criteria. Although we will not always agree, some points were well made. Ultimately, I believe that there is broad agreement across the House, and definitely across the country, that we need a system that prioritises skills and talent. People are happy to see migration that helps our economy grow and supports our NHS, while encouraging investment in and protecting our resident workforce. That is why we now have the highest number of nurses ever, and we were able to increase the number of GP appointments from 2019 to 2023 by 50 million.

We want a system that rewards those who come to the UK and contribute, while ensuring that those who already live here are not negatively impacted. What is paramount is that people feel the system is fair. We must be comfortable with migration policies on visa eligibility that provide robust controls to limit migration and prioritise the economic welfare of the UK. To achieve that, we previously took a number of steps to strengthen the rules. The success of those measures has already been demonstrated: we have seen decreases in applications, with 15,200 applications recorded between April and September 2024 following our changes, which was a reduction of 83% compared with the six months before.

Applications for dependants are also down considerably. In 2023, we got to the point where there were six dependants for every one worker seeking to come to the UK. This dramatic drop underscores the need to adapt our eligibility criteria to provide robust rules and prevent misuse of the system. The significant numbers that we saw in the past were excessive, and we had to take action to get them down. The new Government have maintained our changes to the system, and clearly we agree that the policy is working—or, perhaps, the Minister will announce that she is changing the strategy today. However, I ask her for her assessment of the reduced numbers. Will the implications of the reduction be taken into account when evaluating other visa categories?

Although it is still in the early stages of analysing the data, the Migration Advisory Committee has noted that initial indications suggest that changes to the student route will also impact on total numbers. The Government have commissioned the Migration Advisory Committee to review the financial requirements in the family member immigration rules and said that no further changes will be made until the advisory review is complete. Although I have full confidence in the ability of the committee to deliver a thorough review, the Government must review the urgency with which they are acting; delays are not in the best interests of the system. Past measures have shown that decisive action can deliver a significant impact on overall levels of migration. We must ensure that we maintain a fair system and reduce migration where it is too high. I therefore ask the Minister if there is a clear timetable for the review. Will she assure the House that the Government will act swiftly to implement all and any recommendations from the committee?

Although I do not want to pre-empt the remarks of the Minister, I expect that she may allude to the levels of legal migration during the tenure of the previous Government. We have been clear that we agree those numbers were too high, which is why we implemented the significant change to visa rules, and we will work co-operatively across the House with the Government on further measures in this Parliament. The changes that we made should be seen not as an end point, but as part of a longer process to reduce migration to ensure that the public have confidence that our immigration system is being managed effectively. If the process continues to reduce numbers and create a fairer, more effective system, it will have our support. Will the Minister outline if the Government are planning any further changes to our legal migration framework in the next year in either data collection or visa eligibility?

As I said at the start of the debate, legal migration bringing in skills to key sectors is not an issue. Indeed, my hon. Friend the Member for Keighley and Ilkley (Robbie Moore) and I would be the first to back calls for more agricultural workers to deliver the right work that we need. When I was in central Asia, I saw for myself the geopolitical benefits of bringing in people for seasonal work. In central Asia, they normally have a return rate of about 99%. They want to come, do the work and return home, and our farmers and agricultural industries want to receive their support. However, migration must be managed in a way that protects the interests of the UK and our residents, and that includes reducing the total number of migrants, which we accept has been too high in recent years.

The reforms made by the Conservatives in the last Parliament have borne fruit and been maintained by Labour. I hope that the Minister will build on them and ensure that our system is as robust and fair as possible.

Oral Answers to Questions

Alicia Kearns Excerpts

Monday 4th November 2024 Commons Chamber

[Bridget Phillipson]

I do agree, and I am grateful to my hon. Friend for raising the point. I am leading the work across Government on breaking down the barriers to opportunity in order to break the unfair link between background and success. We know that tackling child poverty is a crucial part of that process, and it is essential that we get the recommendations of the child poverty taskforce to ensure that poverty does not hold back our children’s life chances.

[Alicia Kearns (Rutland and Stamford) (Con)]

Helen Blythe from Stamford has campaigned courageously for improvements to allergy safety since her son Benedict died following a severe allergic reaction at school in 2021. Will the Minister commit to meet me to discuss introducing a mandatory requirement for all schools to have a specific allergy and anaphylaxis plan, and for every school to have adrenaline auto-injectors?

[Stephen Morgan]

I met Helen Blythe last week, and I will happily meet the hon. Member to take forward her concerns.

Special Educational Needs and Disabilities

Alicia Kearns Excerpts

Thursday 24th October 2024 Commons Chamber

[Catherine McKinnell]

My hon. Friend is absolutely right. This change needs to be delivered in conjunction with teachers, families, councils, educational psychologists and the health sector. We need to work together to ensure support is available at every stage. The system needs reform and significant change. We cannot carry on as we are with this “lose, lose, lose” system, which is letting down far too many families.

[Alicia Kearns (Rutland and Stamford) (Con)]

Are the Government surging support to local authorities to help them process and complete EHCPs within the statutory timeframes? My communities are seeing a significant increase in applications because of the decision to impose VAT on independent schools. I have three SEND schools—[Interruption.] Government Members may shout, but that is the reality my councils face. I am asking for urgent support for those councils that have to deal with these increased numbers.

[Catherine McKinnell]

We have been clear about our manifesto commitment and our approach in Government. Our priority is to ensure that we have the investment in our schools that we need in order to ensure that every child has the teaching and the school experience that they deserve. We know that councils are facing significant challenges processing applications and delivering for children with special educational needs after 14 years of a system that has let down families and children, and which the former Secretary of State for Education herself described as “lose, lose, lose.” This is the legacy we are dealing with and the mess we are clearing up, but we are determined to do that for families and children who we know deserve better.

Allergy Guidance for Schools

Alicia Kearns Excerpts

Tuesday 21st May 2024 Commons Chamber

[Alicia Kearns (Rutland and Melton) (Con)]

Thank you, Madam Deputy Speaker, for granting this important debate.

For too long, allergies have been seen as a personal issue to be managed by the individual affected. That needs to change. Allergies in school-age children are rising quickly, and around 45,000 people born each year will develop an allergy. School should be a safe space for our children to grow and develop, yet for those with allergies and their families the joy of education is too often compromised by safety and medical risk. There are 680,000 pupils in England with an allergy, so every classroom has at least one or two living with an allergy. Tragically, anaphylaxis occurs in educational settings more than in any other public space, and that shows in and of itself that we need to take action. We need to address this today—it has already gone on for too long—to give parents and children the confidence of knowing that our schools are allergy safe. If we do not, the consequences are truly heartbreaking.

Benedict Blythe from Stamford was a gifted child. He was able to complete a 24-piece puzzle by himself aged just one. He could match number cards by 18 months and create pie charts by the time he was school age. His mother Helen recalls purchasing him a book of the complete human nervous system in an attempt to quench his thirst for knowledge. By aged four, Benedict was a member of Mensa and practising maths at the level of a 10-year-old. He was a truly talented child, but it was his compassion and care for his family, and his infectious energy that made him just so loved.

Despite all his strengths, his life was marked by challenges stemming from his asthma and his allergies. As he began to try a wider range of foods, as all children do, Benedict suffered allergic reactions, first to baby rice, then to baby porridge and then to whey powder. What should have been a normal part of growing up saw him hospitalised. His family, through careful planning and care, worked out what he could eat safely. But while they could guarantee his safety at home, they had to trust others with Benedict when he went on play dates, mixed with other children and, eventually of course, went to nursey and school.

He was aware of his allergies. Like my nephew and so many others, he learnt to ask what was in a product before he ate. He was so cautious about he could and could not eat, but he also had to rely on those around him to keep him safe. Aged two, a nursery worker poured cows’ milk over his cereal, causing a severe reaction. The worker claimed he had been given oat milk and only admitted the mistake once young Benedict’s lips and tongue had begun to swell, and he suddenly stopped being able to breathe. The delay in admitting the mistake and beginning treatment for the reaction could have been fatal. However, tragically, that repeated itself when, aged just five, Benedict ate something at school that caused him to collapse, and he died the same day.

I know that the whole House will join me in honouring Benedict and recognising his unique character and intelligence. He dreamt of becoming a doctor, and I am sure he would have achieved that ambition and so much more. His story is every mother and father’s nightmare: the loss of their child, the pain so profound as to be unimaginable; their child going to school and just never coming home. Yet despite that nightmare, Benedict’s mother has endeavoured to ensure that other children can go to school safely, and I salute her for her fortitude and her strength.

[Jim Shannon (Strangford) (DUP)]

Will the hon. Lady give way?

[Alicia Kearns]

I will happily give way to the hon. Gentleman, who has himself held debates on this important issue.

[Jim Shannon]

I commend the hon. Lady for raising the issue. She has told the story of young Benedict so well. She has honoured him and honoured his family, and we thank her for that. My second son is now a young man, but as a wee boy he had a number of allergies, so I understand the issue all too well: I understand the importance of controlling a boy’s diet and, indeed, the very life that he leads. Does the hon. Lady agree—in fact, I think she may be coming to this point—that given the increase in the incidence of allergic reactions, each school must have a trained member of staff on the premises at all times to know the signs and how to deal with them? Does she also agree—and here I look to the Minister—that the necessary funding uplift must be allocated in addition to existing school budgets?

[Alicia Kearns]

The hon. Gentleman is entirely right. The problem is that because the guidance is currently not mandatory, schools have completely different responses. At my nephew’s school, for example, there is a picture of every child with a severe allergy on the teachers’ board, so that every day when the teachers go in they know which children to be more alert to, and in an emergency they know exactly what to do because there is a commentary under each picture. That is the kind of response that we need, but yes, we will need more. We saw the Government act strongly and quickly in response to the need to install atrial defibrillators in schools, and I ask them to take the same approach in this regard. The number of children who have died of allergies in our schools is far higher than the number who have died of any sort of heart incident, so I really think that it is time for action.

[Shailesh Vara (North West Cambridgeshire) (Con)]

I congratulate my hon. Friend and constituency neighbour on securing this important debate, and on the fact that although Adjournment debates are normally lonely affairs, others are present for this one. Does she agree that the cost the Government would incur in helping schools to provide, for example, adrenaline pens is, in the overall scheme of things, very small indeed, and should not be a barrier to supplying schools with a little bit of extra cash to procure a few adrenaline pens which may save lives?

[Alicia Kearns]

My right hon. Friend is right, and I pay tribute to him for raising this issue during Prime Minister's questions only last week on behalf of Benedict and his family. Other countries have taken action, and we have the opportunity to do the same.

The Benedict Blythe Foundation has worked tirelessly under Helen’s leadership to investigate the issues facing pupils with allergies, and—most importantly—to make policy recommendations to solve them. That work culminated earlier this year with the publication of the REACT report, and I want to summarise its findings; it is the first time that the House will have heard them. The authors investigated 2,198 schools across England, 10% of the total, and found, concerningly, that a third of them had no clear policy on allergies—not that they had a reduced or non-mandatory policy, but that they had no policy at all. Many schools did not record allergy incidents accurately, and, most worryingly, half of them did not have lifesaving medicine on site. Only two years ago, a young child died at school because another child had thrown a piece of cheese at his face. His reaction was so extreme that he died that day. If he had had access to lifesaving medicine, that child would still be with us.

Extensive research has made it clear that allergy provision in schools is a lottery. Some schools go above and beyond to create an allergy-safe environment, but the lack of an allergy policy in others is absolutely wrong. I ask Members to imagine being the parent of a child with an allergy. How would they feel about sending their loved one to school not knowing whether he or she would be safe? Too many parents are not confident about sending their child to school, which unfortunately means that we are seeing too many children with allergies miss days of school. That is a priority for us to tackle. Following the pandemic, we know just how damaging it is not to have our children in school.

I am afraid that the root cause of these issues is a lack of clarity in the Department for Education guidance, and a lack of accountability mechanisms to ensure that existing guidance is followed. In the previous debate on this matter, which was organised by the hon. Member for Strangford (Jim Shannon), we discussed the need for that to be part of Ofsted inspections, because it should be part of the mechanisms. The medical conditions statutory guidance currently given to schools does not mention allergies specifically, and there is evidence that some schools consider allergies to be a dietary issue, rather than a medical consideration. That is just not good enough and, frankly, it is dangerous. Some 70% of schools do not have the recommended allergy safeguards in place, which demonstrates that having well-meaning guidance is just not sufficient. I therefore ask the Minister to consider issuing new, bespoke guidance to all schools on how to be allergy safe. That would not be onerous; it would simply require an email to go out to every single school in the country.

Drawing on extensive research and expert opinion, the REACT report has produced a set of safeguards that would ensure that our education system is safe for all pupils. First, it argues that every allergic reaction should be recorded and reported. I am not surprised that the Department for Education may well under-recognise the importance of this issue, because that is not taking place. It would allow schools with a high number of pupils with allergies to get more support, and it would give decision makers the information they need to make informed decisions and ensure the intelligent distribution of resources.

Secondly, all schools should have a specific allergy policy, including an anaphylaxis plan. Allergies are potentially life-threatening and are so common that they should have their own bespoke policy, separate from those for other medical conditions.

Thirdly, every school should have an individual healthcare plan for every child with an allergy, and it should be reviewed with a doctor. Seemingly mild allergies can quickly morph into severe reactions, and attempts at distinguishing between children on the basis of allergy severity are misled and potentially damaging. Just because a child is assessed as having a low allergy risk does not mean that they will not have a severe reaction one day. Mandating individual healthcare plans for every child with an allergy would create a safe environment.

Fourthly, funding should be given for every school to train its staff in how to administer adrenalin auto-injectors in an emergency. Each school should also keep a spare inhaler and antihistamine as part of a bespoke, allergy first-aid kit.

Fifthly, all school staff should receive basic training in allergy awareness management and emergency response, which is also about a duty of care for them. If I were a teacher, I would not want to operate in that environment if I did not know how to respond should a child in my care have a severe allergic reaction. It is vital that we give teachers the tools they need, and that we ensure that best practice is learned from schools with comprehensive allergy plans.

Finally, accountability mechanisms should be established to monitor and support schools as they implement their allergy plans. Sadly, as we have seen, there is already a gulf between what the Government recommend on allergies and what schools are actually implementing. As we introduce better and clearer guidance, we must ensure that it is followed across the country.

Adopting those policies would ensure that children with allergies can go to school safe in the knowledge that they will not be exposed to danger. There is no way to eradicate all risks when it comes to allergies, but we can make schools as allergy-safe as possible. Every parent needs to know that their child’s condition is not being ignored, dismissed, misunderstood or played down, and teachers also deserve that surety.

As my right hon. Friend the Member for North West Cambridgeshire (Shailesh Vara) pointed out, our international partners have shown that change is achievable. Sabrina’s law requires Canadian schools to provide allergy and adrenaline auto-injector training for all teachers and staff. Minnesotan law mandates that all allergic students have access to emergency medicine and an individual healthcare plan. The Allison Rose Suhy Act incentivises schools in Ohio to train both staff and students on allergy awareness. Elijah’s law ensures that daycare employees in New York are trained to recognise anaphylaxis and to administer adrenaline. Finally, Amarria’s law requires public schools in Virginia to stock adrenaline auto-injectors. There is no reason why children in the UK should face greater risks at school than their peers abroad. These allergy provisions have been common practice across the US, Australia and Canada for decades, and we now need to adopt them here.

The policies set out by the Benedict Blythe Foundation in the REACT report show how we can not just match international standards, but surpass them and make the UK the safest place in the world for pupils with allergies to attend school. This is a condition on the rise. More and more children have allergies, and we need to take action. I therefore ask the Government to commit to producing Benedict’s law, and to meet me to discuss how it can be implemented. We are not looking at significant costs or wanting to put more duties on teachers. We want to make sure that teachers feel that they are in a safe workplace where they can take the action needed to do what they care about most: protecting and supporting their children and young people to become strong adults with bright futures ahead of them.

In memory of Benedict Blythe and in honour of his mother Helen’s tireless advocacy, we should ensure that no pupil with an allergy and their family ever again have to choose between feeling safe and medical safety and taking up education. No parent should live in fear that their child will not come home from school one day as a result of a condition that can be prevented. There is no reason for any child to die in our schools of an allergy. We just need simple allergy policies, adrenaline auto-injectors and to take action. We can save lives by taking action now. I thank the Minister in advance for his consideration, and I look forward to hearing his response.

--- Later in debate ---

[Damian Hinds]

I am grateful to my right hon. Friend, and I acknowledge the gravity of what he says. Of course, we are talking about conditions that can be very varied, and the responses that are called for can be quite different. Schools know their pupils almost best; they, working with parents, who absolutely know their children best, are in the best place to enact that. I want to be clear that the guidance that accompanies what I have just been outlining is statutory guidance supporting pupils with medical conditions. It is not voluntary, and governing bodies must have regard to it when carrying out their duties.

[Alicia Kearns]

I apologise for intervening on my right hon. Friend because I know that he wants to make progress, but this might be something that he could commit to today. The problem, as I set out in my speech, is that too many schools think that allergies are a dietary issue, not a medical issue. If the next mailer to all schools reiterated that we see allergies very clearly as a medical condition, and reminded them of their statutory duties, that could go a long way to forcing all schools to take the action that he rightly says that they can take. This would not be as top-down; it would reiterate the regulations, and allow schools to take the action that they need to.

[Damian Hinds]

My hon. Friend is absolutely right to talk about awareness and understanding, and the role of communication in that. I will speak a little more about communication, but there is always more that we will need to do. Of course, I would also be happy to continue the conversation with her about how best we do it.

The guidance makes it clear that schools should ensure that they are aware of any pupils with allergies, and should have processes in place to ensure that the allergies can be well managed. Practices to identify children with such needs could include wristbands, or, as my hon. Friend said, having a photograph of the child alongside details of their allergy in the kitchen or serving area of the school. I stress again that individual schools are best placed to work with parents to put in place the most effective responsive system.

In addition to the section 100 duty, schools are subject to other requirements. In the UK, food businesses must inform consumers if they use any of the 14 mandatory allergens as ingredients in their food. How allergen information should be provided depends on whether the food is prepacked, non-prepacked or prepacked for direct sale. This includes food provided by institutions such as school caterers, who have a responsibility to protect the people in their care. As colleagues may know, rules on the provision of food labelling are set out primarily in the retained 2014 regulations, and these include a requirement to identify the presence of any of those 14 mandatory allergens to consumers.

The Department for Education also works closely with the Food Standards Agency, which provides free food allergy and intolerance training online. This offers practical advice to local authority law enforcement officers and anyone wanting to learn more about food allergies, such as those working in the food manufacturing and catering industries. The FSA also offers a whole host of other training, technical documents and guidance.

Turning to auto-injectors, these can be vital when a child is suffering an allergic reaction. To support schools in meeting the needs of children with allergies, the Government passed the Human Medicines (Amendment) Regulations 2017, which allow schools to obtain and hold spare adrenaline auto-injectors for administration to pupils in an emergency. The Department for Health and Social Care has produced guidance on the use of adrenaline auto-injectors and emergency inhalers in schools, including the purchase of spares. The guidance makes it clear that any adrenalin auto-injectors held by a school should be considered a back-up device, rather than a replacement for a pupil’s own adrenalin auto-injector.

Beyond this, families have a vital role to play in managing their child’s condition. We are very clear with schools that no one will know a child’s needs as well as their parents, and that schools should work closely with parents. The parents of children with allergies will work with medical professionals and other organisations to plan for and navigate their child’s specific needs. Parents should be fully consulted and engaged in any discussions relating to their child’s allergy.

Schools will also need to ensure that the parents or carers of children with food allergies or intolerances are given information about the allergenic ingredients used in the foods available. Good communication between parents and schools on allergies and pupils’ needs is essential to keep children safe while in school.

My hon. Friend the Member for Rutland and Melton referred to the role of Ofsted, further to the points made by the hon. Member for Strangford, and the importance of schools having a clear allergies policy and involving parents in discussions about the needs of their children. Ofsted inspectors gather a wide range of evidence to make their judgments, and evaluate the experience of individuals or groups of individuals, which can include the experiences of pupils with medical needs, if the issue is raised by parents or pupils. In an inspection, inspectors will assess the effectiveness of safeguarding at the school, which includes the extent to which pupils with specific needs and vulnerabilities are kept safe. The safeguarding culture is also explored by speaking to leaders and staff about their work and the messages that pupils receive through the curriculum.

During last November’s Westminster Hall debate on pupils with allergies, my hon. Friend the Member for Rutland and Melton informed the House that she would write to all schools in her constituency to ask them to adopt the voluntary schools allergy code, co-created by the Benedict Blythe Foundation, the Independent Schools Bursars Association and the allergy team. Taking her lead, Ministers in the Department for Education instructed officials to share a link to the code in our fortnightly email bulletin to schools issued on 1 March. That communication also reminded school leaders of their duties concerning pupils with allergies.

For younger children, the early years foundation stage framework sets the standards that all registered early years providers must meet for the learning, development and care of children from birth to age five. The EYFS states:

“Before a child is admitted to the setting, you must obtain information about any special dietary requirements, preferences and food allergies that the child has, and any special health requirements.”

Providers must have a policy and procedures for administering medicines, and they must have systems for obtaining information about a child’s medicine needs and for keeping this information up to date. Training must be provided for staff where the administering of medicine requires medical or technical knowledge.

Within all early years settings, there is a requirement for at least one person with a current paediatric first aid certificate to be on the premises and available at all times when children are present, and they must accompany children on outings. The PFA criteria are clear that the training should include being able to help a baby or child who is suffering from anaphylactic shock.

Last September, we changed the adequate supervision requirement in the early years foundation stage to be explicit that adequate supervision while children are eating meals means that children must always be in sight and hearing of an adult, rather than within sight or hearing. This will help practitioners to see the signs of an allergic reaction as soon as they are present, and it will allow them to act quickly.

The new early years educator level 3 qualification criteria will also come into force in September, ensuring that early years practitioners have an understanding of allergies and anaphylaxis. In April 2024, the Department published nutrition content on the “help for early years providers” online platform. The content includes a section on allergies and anaphylaxis to help early years providers prevent allergic reactions, to recognise the signs and symptoms of an allergic reaction or anaphylactic shock, and to know what to do if they occur.

On 22 April, the Department launched a consultation on the safeguarding requirements in the EYFS. One of the proposals is the inclusion of a safer eating section, which includes requirements for all staff to be aware of the symptoms and treatments for allergies and anaphylaxis, and to obtain allergy action plans for children with allergies. We plan to publish our response to that consultation in the autumn.

I have outlined the various pieces of legislation and guidance that cover allergies in school. Given the complexity and individual nature of food allergies, the Government’s view is that it would not be appropriate for the Department for Education to legislate for food providers to cater for all requirements. However, through legislation, the minimum standards for school food have been clearly set out. Beyond that, headteachers, school governors and their caterers are best placed to make decisions about their school food policies that take into account local circumstances.

[Alicia Kearns]

I think we find ourselves in absolute agreement that schools should own their own allergy policies. Perhaps the Minister can reiterate from the Dispatch Box his request for schools to bring forward allergy policies focused specifically on the children who have allergies. They need to hear a clear instruction from the Minister at the Dispatch Box. We are clearly in agreement: schools should be leading on allergy policies in their schools, but the freedom of information research done by the Benedict Blythe Foundation shows that not enough of them do so.

[Damian Hinds]

I agree. As I said earlier, understanding and awareness are vital, and communication is what gives rise to them. That is why, following my hon. Friend’s lead, we issued a communication by email. I totally accept that there will be more to do, and I am more than happy to carry on that conversation with her.

Overall, we feel that the existing mix of national requirements and local flexibility is the appropriate approach to this complex and extremely important issue, though we always keep the policies under review. We welcome feedback on how we can better support schools’ implementation of them. I am pleased that DFE officials now sit on the expert advisory group for allergy, convened by the Department for Health and Social Care, and the National Allergy Strategy Group, which recommends priorities for allergy policy across Government. I encourage stakeholders to feed any ideas and points on these issues to officials via that route. I conclude by thanking once again my hon. Friend the Member for Rutland and Melton for bringing forward this important debate.

Question put and agreed to.

Oral Answers to Questions

Alicia Kearns Excerpts

Monday 29th April 2024 Commons Chamber

[Damian Hinds]

I would encourage our friends and colleagues in the Scottish Government, whoever they may be at the time, to pay close attention to Hilary Cass’s report. I think her work has injected some much-needed common sense into the debate, and we are very grateful to her. This Government will always put the safety of our children first, and that is why the gender questioning guidance we have produced in draft is underpinned by the important principle of parents always being involved in decisions about their children.

[Alicia Kearns (Rutland and Melton) (Con)]

The Liberal Democrat-run council in Rutland has announced that it will close our specialist—and “outstanding” rated—SEND nursery, the Parks School. This comes with the further news that it is also going to close our only leisure centre. The community is rightly devastated, especially parents who want their children to get the best and most expert support. Does my hon. Friend agree that specialist provision must be protected and is absolutely vital, and that the need for this kind of provision is only going to increase?

[David Johnston]

I thank my hon. Friend, who is absolutely right. We have been hearing negative things about Lib Dem councils from both sides of the House this afternoon, which, sadly, is not surprising. She is absolutely right to be championing the needs of those parents and children, and I hope the council will listen to her campaign and do the right thing.

School Pupils with Allergies

Alicia Kearns Excerpts

Thursday 30th November 2023 Westminster Hall

[Alicia Kearns (Rutland and Melton) (Con)]

It is a pleasure to serve under your chairmanship, Mr Stringer, and it is lovely to swap roles, given the other jobs we hold. I thank the hon. Member for Strangford (Jim Shannon) for securing this debate. He is truly such a good man, as I think everyone in this place would say. It speaks so much to the kind of man he is that, having received an email from someone far away from his isles—although only 10 minutes from my home—he put this subject forward for debate. I thank him on behalf of the entire House for doing so, because it goes to the heart of the kind of man that he is.

I also, once again, welcome Helen and her husband, who are here from Stamford. I thank them for all their work with the Benedict Blythe Foundation; it works not only to raise awareness of the risks facing children with allergies, but to support children with unique brains and approaches to learning. I will touch on that briefly, because it matters so much that we remember the children for whom we are here fighting.

Helen’s son, Benedict, had an incredible talent for maths, which I wish I had. In fact, I often say: who do I look up to most in the world? People who can do maths. At the age of one, he could complete a 24-piece puzzle independently; by 18 months, he was doing pie charts; and by the age of four, he was reading books with diagrams of the central nervous system with a maths ability equivalent to that of a 10-year-old.

Benedict was clearly blessed with incredible intelligence, but he also had asthma and allergies. His first allergic reactions were identified when he was just four months old, and I cannot imagine how scary that must have been at the time for his parents. However, with careful planning and prevention, they were able to keep him safe. When our children grow up and go to nursery and school, it means that trust has to be put in those around them. That was not easy and, as the hon. Member said, when he was aged just two, Benedict’s nursery worker gave him cow’s milk, which caused him to immediately throw up. They only admitted that they had given him something that he was allergic to after his lips and tongue had swollen so severely that he needed urgent medical treatment.

Two years ago today, on 1 December 2021, Benedict woke up and went to school. There he ate a snack that caused him to collapse shortly afterwards, and he died later that day in hospital, aged just five. That changed the lives of his family and friends forever. I want to place on record the condolences of this entire House. As parents, we all struggle with this, and my child is just five, so I struggle in particular to do this. But I am so pleased that, after a year of fighting, his family finally get their debate—a year later—and also that it comes on the eve, suggesting to me that this is fate and it was meant to be as a tribute to Benedict.

Benedict’s story, however, is not unique. Although we as parents do everything we can to keep our children safe, more support is needed, particularly in the education system, where children spend so much of their time. Worryingly, 18% of food allergy reactions and 25% of first-time anaphylactic reactions occur in school, and that will only rise. Between 1998 and 2018, 66 schoolchildren died from allergic reactions.

A really important point was made about behaviour change and understanding change. I do not remember discussions about allergies when I was growing up. I think they are on the rise—I am not an expert, so I will not pretend to give a medical diagnosis—but I think it is very difficult for those in a position of authority, when they did not grow up having to worry about allergies, to suddenly run an institution where this issue has to be of fundamental importance. As we heard, at least two children in every school classroom have an allergy.

What this means is that, every day, thousands of children walk into schools uncertain whether they will get the support they need that could mean the difference between life and death. I have seen the impact and what it means for a young child to be nervous when they sit down with their peers at lunch, not knowing what will happen if some milk were to be poured on to their skin. For some children, including one in my family, that is how severe their allergies are. The vigilance needed and the pressures that it puts on the shoulders of these children is significant. That is partly why what we are talking about today is so important. If we can lessen the stress and the vigilance that these children are living with, we would be doing them a good turn—not to mention the lives we would save.

We know that every education professional goes into the profession because they love it and want to support children. Nobody would want to see a child exposed to life-threatening allergens in their school. The problem, however, is that the current system allows risk, which I believe could be tackled. As we have heard, the current Department for Education guidance is voluntary, which results in vastly different standards in schools, and even between different teachers and classrooms.

I think we are all very united in our list of asks today, but I will go through them. We should replace the voluntary advice with mandatory regulations—that is at the basis of ending disparity. We should require every school to implement and maintain an allergy policy. Let us make talking about what allergies are a standard part of the school conversations that children have, from the youngest age. Let us talk to our children about what it is to be a responsible classmate. Let us make it as egregious to mock a child who has an allergy as it is to be racist. When we read the allergy stories in this booklet and hear children talk about having their allergy weaponised against them in the playground, we see we can deal with that by making that abhorrent from the moment children start school—they have those conversations in their classrooms.

In addition, we should require every school to work with pupils’ parents or guardians to create individual risk assessments for pupils with allergies. A child’s allergy and the support they receive has to be reviewed by a GP every single year. It should be a requirement for the school to sit down every year and go through that GP assessment with the family. That would create additional work, but this is about saving lives. The reality is that the type of things that a child will do changes every year—they might start going on foreign trips, for example. I remember that being a real cause for concern for the parent of the child in my family, who said, “Well, I don’t know what will happen when he goes on a school trip. That is not the same as a school canteen, where we know it is dealt with and there is a plan.” We have to make sure that the yearly review happens, because the circumstances and the way in which children are taught changes.

We also need to keep spare adrenaline auto-injector pens available to treat emergency cases. The good news is that the lifetime of those pens is getting longer. We need to make sure that staff are EpiPen-trained—not necessarily every member of staff, but a significant number—just as they are trained in CPR. We need to end the distinction drawn by some within education between minor and severe allergies: according to clinicians, there is no such thing. The factors in place on a day where a child has an allergic reaction determine whether or not that is minor or severe, so we need to overcome that.

Finally, we should ask for all school staff and teachers to be fully trained in allergy awareness and first aid response, because, as we heard, many children do not know that they have allergies. As part of that, in every single staff room—this can be done; I know schools that do it—there should be posters of children’s faces with the allergies that they have, and the three-point plan for what has to be done if they have an allergic reaction, so that teachers get used to knowing that. On an average day, the teacher who identifies a child having an allergic reaction in the playground or the canteen might not be their standard teacher.

As we heard, taken together, those measures would cost less than £5 million a year to implement, and they would mean that more children go to school in safety. For my part, I will write to every school in my constituency and ask them to adopt the schools allergy code. I will ask them to come back to me and we will offer whatever support they need to go through that.

Once again, I want to thank Helen and Pete; I am so proud that it is someone from our communities in and around Stamford who is going to change lives. I am confident that Benedict’s legacy will change and save lives. Some 13,000 people around this country felt strongly enough to sign the petition: 282 were in Stamford and Grantham, and 81 were in Rutland and Melton. Each one of them will be a member of a family who has been touched by this.

Allergic reactions and deaths are avoidable. I urge the Government to take these few simple steps. I know that there are many demands on the Education Minister’s time. Some people want to raise other conditions—asthma, for example, which Benedict also had—but allergies are the most likely to result in death and are therefore far more of a priority. There is an urgent need to support teachers. so that they can feel confident, take the pressure off children and make sure that parents know their children are safe. I urge the Government to take these steps to honour Benedict Blythe’s legacy and take what the House believes is a meaningful step that would save lives and ensure that we do not continue to see the heartbreaking reports of children dying in our schools for what could, with the right measures put in place, be as preventable as possible.

--- Later in debate ---

[The Parliamentary Under-Secretary of State for Education (David Johnston)]

I thank the hon. Member for Strangford (Jim Shannon) for securing this debate. It is typical of him to bring to Parliament incredibly important issues that do not get the attention they should. He does so consistently in Westminster Hall and the main Chamber, and we all admire and appreciate that.

I start by offering my deepest condolences to the family of Benedict Blythe, who died two years ago tomorrow. No parent should experience what Helen has gone through. I was deeply saddened to learn of the story before I came here and to hear more detail today; the colourful picture that my hon. Friend the Member for Rutland and Melton (Alicia Kearns) painted of what Benedict was like moved us all. My heart goes out to any family experiencing that sort of loss. I just wanted to say that at the outset to Helen and her husband. As she knows, the coroner’s inquest into Benedict’s death is ongoing, so I am unable to comment on the details of his case, but officials from the Department met her in May to hear about the excellent work she has been doing through the Benedict Blythe Foundation to raise awareness of how best to protect children.

I can, of course, address the more general points that hon. Members made about allergies and our policies. I understand how worrying allergies can be for parents. As my hon. Friend the Member for Rutland and Melton said in her moving speech, when parents send their children to school, it is only right and natural that they expect them to be kept safe. If their child has an allergy, that adds a particular level of concern about what is happening in the school day.

Allergies are complex conditions that can range enormously in severity. Not all allergens are foods either, as hon. Members know, which makes it more complicated to manage them. I welcome the schools allergy code that the foundation launched this week, which will provide helpful guidance to schools on how to implement allergies policies; we would be keen to encourage schools to look at that code.

[Alicia Kearns]

I know that the Minister cannot commit to anything at this moment, but I would very much appreciate it if I could pick up that point about the code with him, maybe in a few weeks’ time; we could see whether that resource could be put on the Department for Education’s website or look at the best way to ensure that all schools around the country are aware of it, not just through the foundation but through the Department. That would be a meaningful way to spread that code across the country. I know that he cannot commit to that now, but would he be happy to pick that up with me in a few weeks?

[David Johnston]

I am very happy to have that conversation with my hon. Friend.

Turning to the statutory duties on schools, hon. Members have called for voluntary guidance to be replaced with a funded mandatory requirement. We have heard from each Member who has spoken in this debate about the four things that they would like to see: an allergy policy in place; the co-creation of an individual healthcare plan with all pupils with allergies and anaphylaxis; spare adrenaline auto-injector pens in schools; and the training of school staff and teachers in allergy awareness and allergy first aid.

Let me start with the first of those points. Section 100 of the Children and Families Act 2014 places a legal duty on schools to make arrangements to support pupils at their school with medical conditions. The accompanying statutory guidance from 2015—“Supporting pupils at school with medical conditions”—is not voluntary; governing bodies must have regard to that guidance when carrying out their section 100 duty. The guidance makes it clear that schools should ensure that they are aware of any pupils with medical conditions and have policies and processes in place to ensure that those conditions, including allergies, can be well managed. The guidance is clear that policy should also include how the processes will be implemented, what should happen in an emergency situation and the role of individual healthcare plans in supporting pupils. It says that

“The school, healthcare professional and parent should agree, based on evidence, when a healthcare plan would be inappropriate or disproportionate”

and that the policy should also set out

“how staff will be supported in carrying out their role to support pupils”

including

“how training needs are assessed, and how…training will be commissioned and provided.”

It states that

“any member of school staff providing support to a pupil with medical needs should have received suitable training.”

Members also raised the important issue of adrenaline auto-injectors. The regulations already allow schools to obtain and hold injectors and, in an emergency, they can be administered to pupils the school knows have a risk of anaphylaxis but whose own devices are not available or not working, perhaps because they are broken or out of date. To support schools to meet the needs of pupils with allergies, the Department of Health and Social Care has produced guidance on the use of adrenaline auto-injectors and emergency inhalers in schools, including the purchase of spare adrenaline auto-injectors.

[Alicia Kearns]

Will my hon. Friend give way on that point before he moves on?

[David Johnston]

Yes, but I am going to have to get through my speech.

[Alicia Kearns]

We have a little more time. On that point, would the Minister accept that there is a real problem that, while the auto-injectors are stored in schools, not many staff go through any form of training on how to use them? We have to be honest, in this day and age when we see Americanism being imported to our country, teachers are scared that they will end up in law courts. The Department has a responsibility to support staff so that they are confident enough to provide that life-saving aid. Does the Minister agree, therefore, that there should be funding or a process in place? Does he agree that training should be provided in some way, even if it is just a YouTube video that every single teacher must watch, so that teachers have the confidence to administer auto-injectors? That is a concern that we hear repeatedly, and there is currently no provision.

[David Johnston]

Staff should have training in it—that is absolutely right. That is part of what we are requiring. We continually review the policies in this area, and if we feel that there are deficiencies, or indeed inconsistencies, which I suspect is the biggest problem, we will do whatever we can to ensure that they no longer occur.

--- Later in debate ---

[David Johnston]

Yes. The question with these things is always whether the laws are already there. Do you need new laws, or are the laws already there but not being enforced? I have heard from Members today that we are clearly not seeing in every case the practice that we want to see. I will discuss with officials what more we can do on that, including in promoting the code.

[Alicia Kearns]

Can I ask the Minister one very last question? It will be the last one, I promise—that is not something I have ever said before in this room. [Laughter.]

[David Johnston]

Well, I have a bunch of witnesses to that. I will give way.

[Alicia Kearns]

If the point is around the Department believing that this is being done rightly, does the Minister know whether Ofsted, when it reviews schools, takes into account whether or not the allergy guidance and section 100 is being upheld adequately? I am aware that this falls between two briefs; it is not just the Minister’s brief. If that is not the case, could he write to me? That may actually be the solution: we say that when Ofsted inspects schools, because the loss of life is so high—66 children—this should be part of its reviews. That way, it can say it is meeting its requirements and commitments to children—to keep them safe and ensure it is doing everything to look after them in every single way it can, as we would all wish it to be doing. That may be the solution that fixes this gap that, between us, we seem to be coming to.

[Graham Stringer (in the Chair)]

Order. This has been a good and important debate, but I must remind hon. Members that interventions should be short. I did not want to intervene previously, but I also remind Members that I am not involved in the debate—you should not refer to other Members as “you”.

Oral Answers to Questions

Alicia Kearns Excerpts

Monday 27th February 2023 Commons Chamber

The Secretary of State was asked—

[Alicia Kearns (Rutland and Melton) (Con)]

1. If her Department will provide additional financial support to special educational needs providers in rural areas.

[The Secretary of State for Education (Gillian Keegan)]

I pay tribute to the life of the noble Baroness Boothroyd, who has sadly passed away. As the first and only woman Speaker, she blazed a trail for women, showing us that a woman’s place is not only in the House of Commons but at the top. Her legacy will live on and long be remembered in this place.

I know my hon. Friend the Member for Rutland and Melton (Alicia Kearns) is passionate about ensuring that people with special educational needs and disabilities get the support they need. I completely understand the complexities of a rural constituency, as I represent one myself, and it is why this Government introduced additional payments for small and remote mainstream schools, which are currently benefiting 23 schools in Rutland and Melton. More recently, in the autumn statement, we announced an extra £2 billion pounds for schools next year and the year after, meaning we will be spending more on schools than ever before, including £400 million to support high needs budgets from next April.

[Alicia Kearns]

I thank the Government for that investment in 23 schools in my constituency. However, the families my team and I support are sometimes waiting 40 weeks for a special educational needs assessment, which is a far beyond the six-week statutory period. So may I invite the Secretary of State to meet my local councils and schools in order to understand why we have so many difficulties in rural and small councils?

[Gillian Keegan]

I thank my hon. Friend for that. All of us will be aware of the huge impacts that long waiting times for diagnosis for autism and for attention deficit hyperactivity disorder can have on children in our communities; many of us will see such cases in our surgeries. To address this, last year we invested £13 million, with a further £2.5 million this year, to improve autism assessment pathways. NHS England is developing national guidance to improve access to autism assessments and we are also committed to looking at improving data on ADHD assessment waiting times to help improve access. I am sure that she will join me in welcoming my Department’s SEND—special educational needs and disabilities—and alternative provision improvement plan, which we will be publishing within the next week.

Crisis in Iran

Alicia Kearns Excerpts

Tuesday 25th October 2022 Commons Chamber

[Mr Speaker]

I call the Chair of the Select Committee on Foreign Affairs.

[Alicia Kearns (Rutland and Melton) (Con)]

I congratulate my hon. Friend the Member for Harrow East (Bob Blackman) on securing this important UQ. What we are seeing in Iran is state industrialised femicide. We are also seeing Iran being increasingly aggressive abroad in support of terrorist states and terrorist organisations. Will we finally act to sanction the IRGC, which is sending surface-to-surface missiles to Russia, supporting proxies across the region and spreading harmful radicalising narratives online? Will the Minister also broaden our classification of terrorist content beyond Salafi-Takfiri extremist ideology to include Shi’a Islamist extremist materials? That is the only way in which we will protect our communities at home from their reach.

[Gillian Keegan]

Yes. We have an assessment, which we have shared with my hon. Friend, of Iran and its support for regimes including Russia. We will continue to work with others to call out what is happening, and of course we condemn its support of anything to do with Russia’s war in Ukraine.

Oral Answers to Questions

Alicia Kearns Excerpts

Monday 24th October 2022 Commons Chamber

[Kit Malthouse]

Mr Speaker, as I am sure you will have heard from other Ministers, we recognise that science and technology is critical to our future economy, and much of that originates from research within universities and other research bodies. We have made a huge commitment financially to research across the whole of the UK, and that will persist. We are dead keen to join the Horizon programme, but the hon. Member’s question is better directed at our European friends.

[Alicia Kearns (Rutland and Melton) (Con)]

T8. When I visit schools in my constituency, it is often—quite rightly—to discuss climate change, and I am so proud of the passionate and smart young people across Rutland, Melton, the Vale and Harborough villages. However, I am concerned by the anti-dairy, anti-meat and, frankly, anti-farmer narrative I am starting to see, where students and children of farmers feel they are being silenced and cannot speak out in support of their families, who feed our country.

[Kit Malthouse]

As a rural Member myself, I am very alarmed to hear my hon. Friend’s stories. She is right that we should be encouraging schools to educate children about where food comes from, and indeed about the very high standards that UK farmers have produced, not least in animal husbandry, but I have to say that there is a way to intrigue children and make them curious about some of the challenges to climate change brought about by farming. I read recently about an additive made from seaweed that we can add to dairy cows’ feed that reduces the amount of methane they produce. I gather it is in operation very effectively in Australia and being looked at in this country.