VAT: Independent Schools

Debate between Damian Hinds and Alicia Kearns

Tuesday 8th October 2024 Commons Chamber

[Damian Hinds]

No, independent schools do pay tax on supplies. No tax is charged on education, whether in an independent school or in other settings, and that is a very long-standing principle.

Let me clear up one very important definitional point, which I ask colleagues to reflect on. There is no tax break involved. It would be a tax break if a person who had a child at an independent school and was not taking a place at a state school were charged less tax as a result. That does not happen in the United Kingdom. Everybody contributes to state sector education, whether or not they take up a place.

The principle of no tax on learning is a fast one, and once we loosen it, we do not know where we will go. Where might the Treasury look next? Private nurseries, perhaps? Music lessons? Private tutoring? What is the philosophical difference between independent school education and private tutoring?

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

Let me make a point to demonstrate how rushed and ill thought through this policy is. My understanding is that if a child in a nursery has turned five but the other children in the class have not, all the parents in that nursery year will have to pay VAT on their child’s nursery fees. That is how badly this has been thought through.

[Damian Hinds]

My hon. Friend is right. That comes from the rushed nature of the legislation. The sloppy drafting means that children who are not of school age get dragged into this tax if they happen to be in the same room as children who are, and there are concerns about what might follow in other borderline cases.

The Government claim that the policy is about revenue, not politics, but having read the Secretary of State’s twitterings, I think hon. Members could be forgiven for mistaking the motivation. It is entirely spurious, for multiple reasons, to link this tax to 6,500 teachers, mental health support or anything else. The money will go into general Exchequer receipts, and anyway, 6,500 teachers is not that many in the scheme of things, given the 468,000 there are now. That is a compound growth rate of 0.3% over five years—and, by the way, a lot fewer teachers than we recruited in the last five years. Mental health support teams are already being rolled out, and they cover primary schools as well as secondary schools. It is not clear what the difference is in the new Government’s policy on mental health support, other than that it will not include primary schools.

To the extent that the VAT revenue could be hypothecated, it looks a lot more like that revenue would reduce cuts to education resourcing, rather than increasing it. If the policy is about revenue, not politics, the Government could easily commit to one simple thing today. They are confident, they tell us, that the policy will raise a large sum of money and not create large costs. Will they commit to measuring and reporting back on that, and if it turns out, against expectations, that they were wrong, will they reverse it?

Allergy Guidance for Schools

Debate between Damian Hinds and Alicia Kearns

Tuesday 21st May 2024 Commons Chamber

[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

Debate between Damian Hinds and Alicia Kearns

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?