Asked by: Lord Hunt of Kings Heath (Labour - Life peer)
Question to the Department for Education:
To ask His Majesty's Government whether they still plan to publish a prospectus covering each Education Investment Area in early autumn.
Answered by Baroness Barran - Parliamentary Under-Secretary (Department for Education)
Officials have discussed with local authorities and Dioceses in Education Investment Areas (EIAs) the strategic needs of their areas and how area-based commissioning of trusts might take place. That exercise is leading to the development of statements that the department expects to publish later this year.
In addition, regulations came into force on 1 September enabling the Secretary of State for Education to intervene in schools judged as Requires Improvement by Ofsted which were also judged below Good at their previous inspection, where they are not making the necessary improvements. The department plans to write to schools in EIAs informing them that they are eligible for intervention and inviting them to make representations.
Asked by: Lord Hunt of Kings Heath (Labour - Life peer)
Question to the Department for Education:
To ask His Majesty's Government what progress they have made on the area-based approach to commissioning trusts which will be rolled out in the Education Investment Areas this term.
Answered by Baroness Barran - Parliamentary Under-Secretary (Department for Education)
Officials have discussed with local authorities and Dioceses in Education Investment Areas (EIAs) the strategic needs of their areas and how area-based commissioning of trusts might take place. That exercise is leading to the development of statements that the department expects to publish later this year.
In addition, regulations came into force on 1 September enabling the Secretary of State for Education to intervene in schools judged as Requires Improvement by Ofsted which were also judged below Good at their previous inspection, where they are not making the necessary improvements. The department plans to write to schools in EIAs informing them that they are eligible for intervention and inviting them to make representations.
Asked by: Lord Hunt of Kings Heath (Labour - Life peer)
Question to the Department for Education:
To ask Her Majesty's Government whether they have undertaken an impact assessment on the decision to end the provision of the BTEC qualification in Health and Social Care with regard to (1) NHS workforce numbers, (2) social care workforce numbers, and (3) patient safety.
Answered by Baroness Barran - Parliamentary Under-Secretary (Department for Education)
The department has been clear that we will continue to fund some BTECs and other qualifications in future, where there is a clear need for skills and knowledge that A levels and T Levels cannot provide, and where they meet new quality standards. These will continue to play an important role for 16 to 19 year olds and adults. This includes for students taking qualifications such as BTECs as their full programme of study, where there is no A level or T Level, and those taking mixed programmes of A levels and other qualifications. We expect to fund small academic qualifications that should typically be taken alongside A levels in priority subject areas such as science, technology, engineering and mathematics (STEM) and in areas where an A level is not available, such as health and social care. We will set out the full approval criteria in due course.
The health T Level will help raise awareness amongst young people of the occupational choices within the healthcare sector and provide an opportunity for employers to strengthen their engagement with local schools and colleges. In addition, the health T Level will provide a pipeline of young talent who may move into Trainee Nursing Associate and Assistant Health Practitioner roles, later progressing to the registered occupations.
In November last year the department announced an extra year before our reforms are implemented, including the removal of overlapping qualifications. This extra year will allow the department to continue to support the growth of T Levels and gives more notice to providers, awarding organisations, employers, students and parents so that they can prepare for the changes.
Asked by: Lord Hunt of Kings Heath (Labour - Life peer)
Question to the Department for Education:
To ask Her Majesty's Government what assessment they have made of the consistency of the guidance issued for completion of the School Census 2021/22 in relation to the recording of gender with the Education (Information about Individual Pupils) (England) Regulations 2013.
Answered by Baroness Barran - Parliamentary Under-Secretary (Department for Education)
The department’s guidance for completing the school census specifies that in this context, gender should be specified as either 'M' (male) or 'F' (female) (which may be different from the individual’s legal sex). This should be self-declared and recorded according to the wishes of the parent and/or pupil. The school census does not collect the ‘sex’ of pupils.
The department believes that this guidance is consistent, but the changing use of language in this area, and the evolving needs of the school population, have led to the department reviewing its data standards. The department intends to publish a new standard making a distinction between ‘sex’ and ‘gender’ in the coming months. School census guidance will need to be updated to conform to the new data standard.
Asked by: Lord Hunt of Kings Heath (Labour - Life peer)
Question to the Department for Education:
To ask Her Majesty's Government what meaning they ascribe to the word 'gender' in the context of the Education (Information about Individual Pupils) (England) Regulations 2013.
Answered by Baroness Barran - Parliamentary Under-Secretary (Department for Education)
The department’s guidance for completing the school census specifies that in this context, gender should be specified as either 'M' (male) or 'F' (female) (which may be different from the individual’s legal sex). This should be self-declared and recorded according to the wishes of the parent and/or pupil. The school census does not collect the ‘sex’ of pupils.
The department believes that this guidance is consistent, but the changing use of language in this area, and the evolving needs of the school population, have led to the department reviewing its data standards. The department intends to publish a new standard making a distinction between ‘sex’ and ‘gender’ in the coming months. School census guidance will need to be updated to conform to the new data standard.
Asked by: Lord Hunt of Kings Heath (Labour - Life peer)
Question to the Department for Education:
To ask Her Majesty's Government what was their response to the letter from Amanda Spielman, Her Majesty's Chief Inspector, about Ofsted's monitoring of inspectorates for independent schools, sent to the Secretary of State for Education on 6 November 2018.
Answered by Baroness Barran - Parliamentary Under-Secretary (Department for Education)
In her letter of 6 November 2018, Her Majesty’s Chief Inspector (HMCI) recommended a review of the monitoring arrangements in place at the time and that new ones should be put in their place. Such a review was carried out by departmental officials, working alongside officials in Ofsted and at the Independent Schools Inspectorate (ISI). Following this review, new directions were issued to HMCI on 4 November 2019.
The new arrangements outlined above were aimed at giving greater flexibility to Ofsted and ISI to develop a joint programme of work to exchange and develop their mutual knowledge and understanding of inspecting independent schools.
It is worth noting that the School Inspection Service, which previously undertook inspections of some independent schools, has now closed and that there is now only one independent inspectorate, ISI. As such, and given the new directions issued on 4 November 2019, HMCI should no longer have regard to the matters in the February 2015 directions, which were the subject of the 6 November 2018 letter.
Asked by: Lord Hunt of Kings Heath (Labour - Life peer)
Question to the Department for Education:
To ask Her Majesty's Government, further to the Written Answers by Baroness Berridge on 13th July (HL1530, HL1531 and HL1532), why they do not collect data on the use of handcuffs on looked after children; whether the regulations cited apply to those transporting looked after children from one location to another; what specific steps are taken during Ofsted inspections to assess compliance with the regulations both (1) in children’s homes, and (2) in transport between locations; and whether they intend to review the policy and its practical implementation in these areas.
Answered by Baroness Berridge
Children’s Homes (England) Regulations 2015 and accompanying statutory guidance, ‘Guide to the Children’s Homes Regulations including the quality standards’, include provisions around behaviour and restraint. Responsibility for the welfare of children while transported, including from one location to another, from a secure children’s home is noted in the protection of children quality standard, Regulation 12. The registered person and local authority overall have a responsibility to ensure that children are kept safe, and their welfare promoted.
All incidents of restraint when a young person is cared for by a children’s home must be recorded and made available to Ofsted during an inspection. If transportation is arranged by the local authority who has responsibility for the child, then the care of the child would fall to them. Where local authorities have contract arrangements with transport services, restraint should only be used in very limited circumstances, in accordance with government guidance on the use of restraint, and must always be necessary and proportionate.
During all inspections of children’s homes, inspectors assess all incidents of restraint. Where a provider has restrained a child in a way that does not comply with the regulations, Ofsted will take action. This can include suspension of a service if they believe that children are at risk due to the inappropriate use of restraint or restrictive practices.
Data is not collected by the Department for Education on the use of restraint. This is collected by Ofsted.
Asked by: Lord Hunt of Kings Heath (Labour - Life peer)
Question to the Department for Education:
To ask Her Majesty's Government what data they hold on (1) the numbers of children who are handcuffed whilst in the care of local government and not charged with or convicted of any offence, and (2) the reasons for such restraints being used.
Answered by Baroness Berridge
Legislation is in place to ensure that the use of restraint in respect of looked-after children is used in very limited circumstances and must be necessary and proportionate. Under the Children’s Homes (England) Regulations (2015), all incidents of restraint when a young person is cared for by a children’s home must be recorded.
Regulation 20(1) states that the only purposes for which restraint can be used in a children's home are to prevent injury to any person (including the child who is being restrained) or to prevent serious damage to the property of any person. In addition, restraint may be used on a child in a secure children's home for the purpose of preventing a child from absconding from the home. Regulation 20(2) states that restraint in relation to a child must be necessary and proportionate.
Similar regulations apply to children in foster care. Regulation 13(2)(b) of the Fostering Services (England) Regulations 2011 states that fostering service providers must take all reasonable steps to ensure that no child placed with a foster parent is subject to any measure of control, restraint or discipline which is excessive or unreasonable.
Ofsted regularly inspect all children’s homes in England to ensure they are complying with their legal duties, which include detailing incidents of restraint. Ofsted also inspects local authorities’ fostering services and independent fostering agencies to ensure they are meeting their duties and responsibilities. The department does not collect data on the use of handcuffs for children in the care system.
Asked by: Lord Hunt of Kings Heath (Labour - Life peer)
Question to the Department for Education:
To ask Her Majesty's Government what is their policy regarding the handcuffing of children in the care of local government and who are not charged with or convicted of any offence; and what plans they have, if any, to review that policy.
Answered by Baroness Berridge
Legislation is in place to ensure that the use of restraint in respect of looked-after children is used in very limited circumstances and must be necessary and proportionate. Under the Children’s Homes (England) Regulations (2015), all incidents of restraint when a young person is cared for by a children’s home must be recorded.
Regulation 20(1) states that the only purposes for which restraint can be used in a children's home are to prevent injury to any person (including the child who is being restrained) or to prevent serious damage to the property of any person. In addition, restraint may be used on a child in a secure children's home for the purpose of preventing a child from absconding from the home. Regulation 20(2) states that restraint in relation to a child must be necessary and proportionate.
Similar regulations apply to children in foster care. Regulation 13(2)(b) of the Fostering Services (England) Regulations 2011 states that fostering service providers must take all reasonable steps to ensure that no child placed with a foster parent is subject to any measure of control, restraint or discipline which is excessive or unreasonable.
Ofsted regularly inspect all children’s homes in England to ensure they are complying with their legal duties, which include detailing incidents of restraint. Ofsted also inspects local authorities’ fostering services and independent fostering agencies to ensure they are meeting their duties and responsibilities. The department does not collect data on the use of handcuffs for children in the care system.
Asked by: Lord Hunt of Kings Heath (Labour - Life peer)
Question to the Department for Education:
To ask Her Majesty's Government what assessment they have made of the article 'Children in care as young eleven handcuffed like 'dangerous animals' published by the Sunday Express on 27 June; and what steps they intend to take in response to the claim that children in the care of local government, who are not charged with or convicted of any offence, are routinely being handcuffed.
Answered by Baroness Berridge
Legislation is in place to ensure that the use of restraint in respect of looked-after children is used in very limited circumstances and must be necessary and proportionate. Under the Children’s Homes (England) Regulations (2015), all incidents of restraint when a young person is cared for by a children’s home must be recorded.
Regulation 20(1) states that the only purposes for which restraint can be used in a children's home are to prevent injury to any person (including the child who is being restrained) or to prevent serious damage to the property of any person. In addition, restraint may be used on a child in a secure children's home for the purpose of preventing a child from absconding from the home. Regulation 20(2) states that restraint in relation to a child must be necessary and proportionate.
Similar regulations apply to children in foster care. Regulation 13(2)(b) of the Fostering Services (England) Regulations 2011 states that fostering service providers must take all reasonable steps to ensure that no child placed with a foster parent is subject to any measure of control, restraint or discipline which is excessive or unreasonable.
Ofsted regularly inspect all children’s homes in England to ensure they are complying with their legal duties, which include detailing incidents of restraint. Ofsted also inspects local authorities’ fostering services and independent fostering agencies to ensure they are meeting their duties and responsibilities. The department does not collect data on the use of handcuffs for children in the care system.