Education Bill

Debate between Damian Hinds and Meg Munn

Tuesday 8th February 2011 Commons Chamber

[Meg Munn]

I shall make a little more progress.

Children and parents do not tell the school of young carers’ responsibilities for fear of unhelpful or unwanted interference. Those children may also struggle at school due to their caring responsibilities, and consequently may well receive detention. In such circumstances, they may face a dilemma. Do they collect a younger sibling from their school, or do they disobey the teacher? That could result in a younger brother or sister being left to wait alone, or they could decide to walk home on their own in the dark. Surely the Government should be reasonable. When the matter was last discussed—in Committee on the 2006 Act—the Liberal Democrat spokesperson said that the Liberal Democrats were

“not…in favour of removing the period of notice. It would be totally impractical.”

[Damian Hinds (East Hampshire) (Con)]

Will the hon. Lady give way?

[Meg Munn]

I shall make some progress.

The Liberal Democrat spokesperson went on to say this:

“In rural areas, especially on dark evenings, parents would not know what had happened to their child and would be extremely concerned. It is perfectly acceptable to give 24 hours’ notice, as it will allow parents to make other arrangements for travel or to arrange for a neighbour or other family member to stay at home to provide cover. Anything else would be unacceptable.”—[Official Report, Standing Committee E, 10 May 2006; c. 856.]

That spokesperson is now the Minister of State, Department for Education, the hon. Member for Brent Central (Sarah Teather), and she carries the responsibility as Children’s Minister. She should hold to that position.

At the very least, if the 24-hours’ notice period is to be removed, why are the Government not inserting a requirement to notify parents and carers before a detention takes place? Many schools regularly text or e-mail parents and carers. If schools need to give more immediate detentions to bolster discipline, as the Government believe they do, that should not happen at the expense of children’s safety. Hon. Members should be able to agree that the safety of children comes first, so I ask the Minister to introduce an appropriate amendment in Committee.

Clause 2 specifically allows a teacher of the opposite gender to search a pupil in situations of urgency, and—crucially—when no other teacher is present. That raises a number of concerns, certainly in respect of the protection of children, but also because it creates risks for the teacher involved. The Children’s Rights Alliance is also alarmed by the relaxation of safeguards for children being searched.

My understanding is that such searches should happen only when a member of staff believes that there is a risk that serious harm will be caused if they do not conduct the search, and when it is not practicable for the search to be carried out by a member of staff of the same sex as the pupil, or for the search to be witnessed by another member of staff. Frankly, I am struggling to think of a scenario in which the search of a pupil by a member of staff of a different gender without witnesses would be the right thing to do. Obtaining the assistance of other staff members, or indeed contacting the police, would surely be the way to go.

Can the Minister explain how that power will make a positive difference in schools? It appears to many that introducing that power could open teachers to more allegations of inappropriate behaviour, not fewer. Organisations who work with children in care have raised concerns that children who have already been physically or sexually abused would experience such a search as yet further abuse. That could lead to further trauma for them, which is surely the last thing we want.

The Children’s Rights Alliance has other concerns. It believes that such searches constitute a significant intrusion into children’s privacy. Intrusions must be shown to be necessary and proportionate to be lawful. However, as well as giving extensive rights to search the individual child, the Bill enables staff to look through phones, laptops and other devices, and to delete information

“if the person thinks there is a good reason to do so”.

I am puzzled as to why that detail is in the Bill. Perhaps the Minister can address that. Surely such issues would more appropriately be dealt with in guidance, which can be reconsidered and amended if necessary.

We all want good discipline in schools. A school with good discipline allows children better to learn, but it is also a safer place for children. However, I ask the Government to look again at those two measures. It appears to me that they are posturing and talking tough. Schools should protect the most vulnerable children, such as young carers and children who have been abused, but the two measures risk doing the exact opposite. Please think again.