Education and Training (Welfare of Children) Bill

Mary Kelly Foy Excerpts

Committee stage & Committee Debate: House of Commons
Wednesday 14th October 2020 Public Bill Committees

[The Chair]

With this it will be convenient to discuss the following:

Clause 2 stand part.

Clause 3 stand part.

[Mary Kelly Foy (City of Durham) (Lab)]

I look forward to serving under your chairship, Ms Cummins, and I am very grateful to every Member who has agreed to be part of this Committee. I appreciate people’s willingness to give up their time, especially given the important debates taking place in the Chamber at the minute.

While the Education and Training (Welfare of Children) Bill might not make the front pages, it is a very important piece of legislation. There is a flaw in the way young people are safeguarded in education: while every child is protected by safeguarding duties, they are not all protected in the same way. That is clearly wrong.

The Committee has the opportunity today to enact the sort of cross-party work that is sometimes needed in Parliament. A clear problem has been identified and a sensible solution provided. Together, we can work to correct a mistake and help to improve the education system by keeping young people safe and giving parents the peace of mind they deserve.

Although technical, the Bill is relatively simple. All providers of post-16 education have safeguarding requirements. Further education colleges, sixth forms and schools have a statutory duty to safeguard and promote the welfare of every child at that institution. However, while 16-to-19 academies, special post-16 institutions and independent learning providers have safeguarding duties as a condition of funding, young people who attend those institutions are not protected in the same way that they would be at a school or further education college. That was clearly an unintentional oversight and it must therefore be amended.

The Bill has two substantive clauses and it will amend the Education Act 2002 and the Apprenticeships, Skills, Children and Learning Act 2009. It will impose direct safeguarding duties upon 16-to-19 academies and also place an obligation upon the Secretary of State for Education to ensure that compliance with the safeguarding duties is a condition of funding for special post-16 institutions and independent learning providers.

As all providers have safeguarding responsibilities, there should be no extra cost for providers. Instead, the 100 16-to-19 academies and 1,000 independent providers brought into scope by the Bill will benefit from a simplified safeguarding system with greater alignment of duties. The Bill therefore works for education providers, as well as parents and young people.

I want to stress just how necessary the Bill is. It will only become more important as we see the roll-out of T-levels and continued academisation. No matter what our disagreements on how education should be delivered, we can all agree that every young person should be protected in the same way, no matter which organisation delivers the education. That is why it is so important that this anomaly is corrected. By law, providers have safeguarding responsibilities and the vast majority will follow best practice. I believe we need a guarantee of that in law. I hope the Committee will support me in closing the loophole to ensure that every young person is kept safe in education.

[Kate Osborne (Jarrow) (Lab)]

It is a pleasure to serve under your chairmanship for the first time, Ms Cummins, and I congratulate my hon. Friend the Member for City of Durham on promoting this private Member’s Bill.

The flaws in the way young people are safeguarded in education and the disparities in the system need to be addressed and corrected. It is right and absolutely necessary that apprenticeships training providers meet the minimum standards that already exist for schools, further education colleges and sixth form colleges. Every child and young person needs to be protected, and the Bill helps to do just that.

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[Gillian Keegan]

My hon. Friend makes a very good point. The “Keeping Children Safe in Education” guidance sets out the type of consideration that providers need to show and goes into a great deal of information about special educational needs and disability. The Bill extends safeguarding duties that already apply to schools and colleges, including special schools and colleges of special educational needs, to new settings. The welfare and needs of the child are at the centre of that.

I am sure that all hon. Members wish to join me in thanking the providers of post-16 education up and down the country who work every day to protect our children. It is vital that parents and students have confidence that their education provider is doing all that they can, and should, to provide a safe, supportive learning environment that protects those students from harm. Providers must clearly understand what is expected of them, and having all the information in one place enables providers to get the help that they need quickly. That is why I strongly believe that the Bill will deliver consistency and simplicity to our diverse further education sector.

I thank all Members present today for their openness and constructive comments. I am confident from our discussions that we have the right foundations on which to progress the Bill. I am grateful to all Members present for taking the time to attend and contribute to this important debate. I pass on my gratitude in particular to the hon. Member for City of Durham for bringing this important issue to light and ensuring that the Bill will be enacted. I thank her very much for her support, and I commend the Bill to the Committee.

[Mary Kelly Foy]

I thank everyone for serving on the Committee, especially given the added challenges of covid. With that in mind, I thank the Clerks, the Chair and every civil servant who has assisted in the preparation of the Bill and the delivery of the Committee stage. The return to physical proceedings has caused incredible damage to the staff who keep this place running, and I am genuinely grateful for everything that they do. I am sure that my colleagues share that sentiment.

[Hon. Members]

Hear, hear!

Question put and agreed to.

Clause 1 accordingly ordered to stand part of the Bill.

Clauses 2 and 3 ordered to stand part of the Bill.

Bill to be reported, without amendment.

Education and Training (Welfare of Children) Bill

Mary Kelly Foy Excerpts

Report stage & 3rd reading
Friday 12th March 2021 Commons Chamber

[Sir Christopher Chope (Christchurch) (Con)]

I beg to move amendment 1, page 3, line 3, leave out from “force” to end of subsection and insert “on 1 October 2021”.

This amendment will incorporate into the Bill the guidance for policy makers issued in August 2010 that there should be two common commencement dates each year, one of which is 1st October, for the introduction of changes to regulations affecting businesses.

Amendment 1 is a short amendment, supported by my hon. Friends the Members for Wellingborough (Mr Bone) and for Shipley (Philip Davies), but it has a deeper purpose, which is set out in the explanatory statement. It means that the regulations under the Bill would come into effect on 1 October 2021.

In thinking about all this, it occurred to me that over the years we have lost sight of an important deregulatory policy of the Government, introduced, I think, in 2010: that, to reduce the burdens on business, regulations passed by this House should only be implemented on two implementation dates each year. One was, I think, 1 April and the other was 1 October. The idea behind that was that people in business should not have to keep an eye on when another regulation was going to be implemented or when those regulations that had been passed would be commenced. I thought it would be useful to try to tease out from the Government what their thinking is.

This Bill, in particular, contains an enormous amount of regulatory burden affecting the providers of important apprenticeships and training for youngsters. I do not disagree with the substance or the idea of what it is doing, but we must not underestimate the fact that what we are talking about is creating an additional burden. It would be better, in my view, to say that instead of its coming into force at the end of two months beginning on the day on which it is passed, it should come into force on 1 October and we could then re-adopt the practice that was begun, that there should only be two days each year when we commence these regulations.

That is quite a short point, and it will not be made any stronger by repetition, but I hope it will be taken seriously by the Government. I imagine the Minister, having received notice of this amendment, will be able to give me a definitive response from the deregulation unit, or whatever the equivalent body now is that deals with these matters on behalf of the Government and tries to ensure that this is a business-friendly Government.

Years ago, I was on a deregulation taskforce that made many different regulations. I wish this suggestion had been one of the ones that came out of our particular taskforce. It was not, but I think it was a sensible suggestion, so I am trying to use the vehicle of a Friday private Member’s Bill day and the opportunity of the Report stage of this Bill to ventilate the matter and try to engage the Government in a dialogue about it.

[Mary Kelly Foy (City of Durham) (Lab) [V]]

I will be speaking against the amendment, and I will keep my remarks brief out of consideration for my colleagues whose Bills follow my own.

The intervention by the hon. Member for Christchurch (Sir Christopher Chope) is not, in my opinion, needed for several reasons. First, the guidance he refers to in the amendment was intended to give time for businesses to prepare for costs associated with changes in legislation or for any significant changes in their practices. As this Bill does not result in any increased costs for education providers or any significant burden for business, I would argue that this extra time is not needed.

Secondly, I can assure the hon. Gentleman that many designated safeguarding leads in further education are aware of the potential change in legislation, so again, I do not believe that further time is needed for providers to prepare for the change in law. Finally, as the Bill relates to education and aims at simplifying the safeguarding process for providers of post-16 education, it would make more sense for this legislation to come into effect for the start of the academic year in September. In fact, a change in legislation mid-term would arguably be more burdensome to business.

[Rachel Hopkins (Luton South) (Lab) [V]]

I wish to speak against the amendment that has been proposed. I believe I have been listed to speak in the Third Reading part of the debate on this Bill, so I am happy to contribute my opposition to this amendment and be called in the second part of the debate as well.

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[Mary Kelly Foy (City of Durham) (Lab)]

I beg to move, That the Bill be now read the Third time.

While technical, this Bill is relatively simple. I am conscious that a number of hon. Members are keen to ensure that their Bills are also heard, so I will keep my remarks as brief as possible, especially as the contents have been well covered in previous stages.

Legal safeguarding duties do not apply to independent providers in the same way as they do for those educated at school or in sixth form or further education colleges. The Education and Training (Welfare of Children) Bill aims to ensure that all young people are protected by the same safeguarding duties in the law, irrespective of the education or training provider that they choose.

The Bill contains two substantive clauses. Clause 1 amends the Education Act 2002 to extend the existing safeguarding duties that apply to further education colleges, schools and sixth forms to post-16 academies. As more sixth forms convert to academies, the requirement for this change becomes more pressing. Clause 1 also brings independent learning providers and specialist post-16 institutions into scope by imposing direct responsibilities on the Secretary of State for Education, requiring them to include the safeguarding duties as a condition of any agreement with those institutions. The Bill would also compel providers to have regard to any guidance on safeguarding issued by the Secretary of State such as the document “Keeping children safe in education”.

Clause 2 will amend the Apprenticeships, Skills, Children and Learning Act 2009 to ensure that apprenticeship providers, as well as those who assist with the training or education of T-level students that is funded under the Act, must follow those safeguarding duties, while having regard to any guidance issued by the Secretary of State. Again, the duty is on the Secretary of State to include those requirements in agreements, while the duty to safeguard and promote the welfare of children at the institution falls on the provider.

I introduced the Bill because in the City of Durham I am privileged to represent a constituency that contains a number of top-class further education providers in both academic and vocational subjects. There is the leading further education college, New College Durham, one of the first education providers to offer T-levels, as well as the excellent Houghall college, part of East Durham college, which I share with my hon. Friend the Member for Easington (Grahame Morris). We also have a number of brilliant sixth forms as well as a number of independent providers. I place on the record my gratitude to the staff, students and family members who have put so much effort into ensuring that there has been as little disruption as possible to education during the pandemic.

While I welcome the diversity training and education courses available to my constituents, I do not welcome the potential for variation in safeguarding requirements. As a parent, I know how important it is to be secure in the knowledge that children are kept safe in education. For many, further education is a new experience, full of different challenges for young people and their families. Between further education colleges, sixth-form academies and independent providers, there are a variety of options for how young people are educated, which can be confusing for parents. We could debate in the House all day how education should be provided, but I think we all agree that every child and young person, regardless of their background or education provider, should be subject to the same safeguarding requirements as their peers. By closing this loophole, we can help protect young people while giving parents the reassurance and peace of mind they deserve when it comes to their child’s education.

However, this Bill is about more than protecting young people and reassuring parents; it is also practical for education and training providers. Currently, the system for post-16 academies, independent providers and specialist institutions is somewhat complex and inconsistent. By extending legal safeguarding duties to cover all publicly funded providers of post-16 education, safeguarding requirements for institutions will be simplified, making the whole process easier for educators. The Bill will also benefit providers to which these duties already apply by ensuring that there is a level playing field when it comes to safeguarding requirements, meaning that schools, colleges and sixth forms will operate on the same terms as the independent sector.

This is a good, simple Bill aimed at addressing an anomaly in safeguarding legislation that we all recognise must be fixed, and it does so in a way that benefits providers, parents and young people. I hope that we can continue the fantastic cross-party work so far on the Bill, to help me close this anomaly in law.

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[Mary Kelly Foy]

With the leave of the House, I would like to make some brief final remarks. I pay tribute to every Member who has set aside party politics to speak in favour of the Bill in the interest of strengthening safeguarding for further education. The Bill is a fantastic example of that and I hope that Baroness Blower receives as much support for the Bill in the Lords as I have here.

Question put and agreed to.

Bill accordingly read the Third time and passed.