Education and Training (Welfare of Children) Bill

Mary Kelly Foy Excerpts

Friday 13th March 2020 Commons Chamber

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

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

All children, no matter what their background or which education and training provider they choose, deserve a safe environment in which they can learn. I am sure that every Member of this House can agree that nothing is more important than safeguarding our children and promoting their welfare. The Bill would ensure that all young people were protected by the same safeguarding, whichever education or training provider they chose.

I am proud to have the outstanding New College Durham in my constituency, which is one of the best further education colleges in the country. I will take a moment to highlight its continued success in the field of technology. It is one of few institutes of technology in the country and we can all congratulate it on that. Like all further education colleges, it has a legal duty to ensure that the education and training it delivers protects its students. It also has a legal duty to consider any guidance issued by the Secretary of State. The college is doing an excellent job of promoting students’ welfare and I am sure that it will continue to do so.

[Rachel Hopkins (Luton South) (Lab)]

I congratulate my hon. Friend on introducing such an important and considered Bill and I am pleased to co-sponsor it. As a governor of Luton Sixth Form College, I know how crucial the extension of statutory safeguarding arrangements is to ensure that all young people in further education get the best in life. Does she agree that, given the increasing level of mental health issues among our young people, it is important that all those in post-16 education are protected by equitable safeguarding protocols to ensure they receive support and have the best possible chance of succeeding in their studies and training?

[Mary Kelly Foy]

I thank my hon. Friend for making an important point. I know from a recent visit to New College that it takes the mental health of its students very seriously indeed. However, not all young people in my constituency pursue further education through New College. Others choose to do an apprenticeship delivered by a training provider. In the last academic year, 50 students under the age of 19 started an apprenticeship in my constituency. Those apprentices could be training for a career in health and social care, supported by Northern Care Training, an independent provider. They could also be working towards a career as a plumber with South West Durham Training, another independent provider. I was concerned to find out that legal safeguarding duties do not apply to apprentices when their training is delivered by independent providers in the same way as they do for those at an FE college such as New College. While safeguarding requirements are a condition of independent providers’ funding, those providers’ apprentices are not protected by the law in the same way. That is clearly wrong and something must be done about it. It is vital to protect the welfare of our constituents and that is why it is so important that the Bill passes.

[Rob Butler (Aylesbury) (Con)]

I congratulate the hon. Lady on bringing the Bill to the House. On a related point, does she agree that the inclusion in the Bill of T-level providers underlines the importance of that option in education and that they should be considered of equal merit to more academic qualifications?

[Mary Kelly Foy]

I agree. T-levels are an extremely important part of our education system. They will be rolled out a lot more in the coming years. In fact, I was about to cover T-levels in the next part of my speech; the hon. Member read my mind.

As New College Durham will be one of the first colleges to provide T-levels from September, this is of vital importance to my constituents—I am sure it is to the hon. Member’s constituents, too, and to those all over the country. However, the legal safeguarding duty that protects T-level students will vary, depending on the provider that the student chooses. As MPs, we have a duty to ensure that safeguarding laws apply to all children equally. That is not currently the case. I ask hon. Members for their support to help me to fix this loophole in the law.

My Bill would correct the existing inconsistencies in safeguarding arrangements by extending the legal duty to cover all publicly funded providers of post-16 education. This will directly impose legal safeguarding on 16-to-19 academies, and make the Secretary of State for Education directly accountable for ensuring that all funding agreements with specialist post-16 institutions and independent providers include proper safeguarding duties. The Secretary of State will also be directly responsible for ensuring that funding agreements with apprenticeship and T-level providers include safeguarding duties. This is especially important, because there will be 113 new T-level providers over the next two years, but this expansion can only happen safely if the right safeguarding duties are in place.

These issues are not party political. Across England, the Bill will place safeguarding duties on an estimated 30 16-to-19 academies, 100 specialist post-16 providers and 1,000 independent providers. The Bill will help to ensure that all young people have the same safeguards and protections under the law.

[James Daly (Bury North) (Con)]

I congratulate the hon. Lady on her excellent Bill, which I am sure my colleagues fully support. I am passionate about ensuring equality of opportunity after the age of 16, as well as before. Children with special educational needs or on the autistic spectrum do not stop having safeguarding issues at the age of 16. Does she agree that these proposals are excellent for equalising opportunity and ensuring that support is in place for further education, so that everybody has the chance to succeed?

[Mary Kelly Foy]

I totally agree, and that is one of the reasons that this Bill is so important. There are likely to be more children and young people—some who are the most vulnerable in our society—who do not go down the academic route, but pursue the new T-levels in some of our colleges. The hon. Member has made a really important point, and it is why we really need to pass the Bill.

My Bill will ensure that all young people have the same safeguards and protections under the law, regardless of which education or training provider they choose. I believe that safeguarding responsibilities are too important not to be protected by the law, and I hope that the House will join me in safeguarding our young people and giving parents the peace of mind that they deserve.

--- Later in debate ---

[Mary Kelly Foy]

With the leave of the House, I would like to make some final remarks. I thank every Member who contributed to the debate: the Under-Secretary of State for Education, the hon. Member for Chichester (Gillian Keegan), the hon. Members for West Bromwich West (Shaun Bailey), for Dudley South (Mike Wood) and for Harborough (Neil O'Brien), my hon. Friend the Member for Croydon North (Steve Reed) and the hon. Member for Sevenoaks (Laura Trott) who made speeches, and my hon. Friend the Member for Luton South (Rachel Hopkins) and the hon. Member for Bury North (James Daly) who made interventions. In particular, I thank them for raising the importance of the Bill for the most vulnerable young people in our society and for highlighting those who might be suffering from abuse or mental health issues or have special educational needs. That is one of the main reasons the Bill is so important. We may sometimes disagree on a few issues, but on this one it seems that we are all in agreement.

The purpose of my Bill is simple. I believe that every child should be protected by the same safeguarding legislation. My Bill would address an anomaly in the current legislation and bring all training and education providers that receive Government funding under the same legislation. I think we can all agree that every young person in education should have the same protections. Apprenticeships form a key part of further education. In the coming months, we will see the roll-out of T-levels. Technical qualifications are extremely important. While my constituency is very lucky to be the home of one of the best universities in the country, academia is not a path for everyone. When done well, technical qualifications offer young people a different option—one that provides both an education and a path to work. The expansion of the further education and training sector must be accompanied by steps to ensure that the welfare of young people is fully protected. Under current legislation, that cannot be guaranteed, and it is our duty as MPs to correct this.

Until this safeguarding oversight is corrected, some parents will not be able to send their children to study with peace of mind. Young people pursue further education to learn and gain employment. Everyone in the House wants to see young people in education and then in work. The young people who currently fall into this loophole are doing their best to prepare themselves for the world of work and to contribute to the economy, and they should be supported in this. The least we can do is make sure they are properly protected. In this matter, we can set aside party politics and put the welfare of our young people first.

Question put and agreed to.

Bill accordingly read a Second time, to stand committed to a Public Bill Committee (Standing Order No. 63).