SEND and Alternative Provision

Mary Kelly Foy Excerpts

Monday 6th March 2023 Commons Chamber

[Claire Coutinho]

My hon. Friend has had constructive conversations with me about speech and language therapy. I am delighted that we are rolling out pathfinders, and I would be happy to discuss his options in Norfolk further.

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

The Disabled Children’s Partnership will tomorrow publish its new research report, which shows that just one in five parents reports that they receive the support needed to enable their disabled child to fulfil their potential. That is no surprise considering that it can take up to a year for a case to be heard at tribunal, which delays access to the crucial support that those families desperately need. What are the Government doing to speed up the process, to ensure that every child receives the support to which they are entitled in a timely manner?

[Claire Coutinho]

The hon. Lady is right that too many families are waiting too long. There has been a huge rise in need. We have put elements in place to help: the workforce strategies will ensure specialist provision; the local inclusion plans will ensure that each area is assessing and can meet needs; and the inspection framework will look at health partners, their roles and what they are delivering, so that all children and families can feel confident that the local area will meet their needs.

Oral Answers to Questions

Mary Kelly Foy Excerpts

Monday 4th July 2022 Commons Chamber

[Nadhim Zahawi]

If the hon. Lady reads the announcement and the case study we put forward, she will see that if the cost is passed on to parents, it is about £40. Crucially, however, it is not a silver bullet. This is part of a package of measures we are taking, which includes making sure that the 1.3 million people who are not currently claiming their tax-free childcare, where they can get 20% of their childcare or up to £2,000 paid for them, or the childcare element of universal credit, do so. That will make a real difference to them, as well as the consultation—bearing in mind that the consultation is also about ensuring that we continue the drive for quality that this Government have delivered in the childcare system and that safety is paramount for every child.

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

5. What steps he is taking to ensure that the SEND review provides adequate support for disabled children and their families.

[Grahame Morris (Easington) (Lab)]

21. What steps he is taking to ensure that the SEND review provides adequate support for disabled children and their families.

[Mary Kelly Foy]

At a virtual parliamentary event I hosted with the Disabled Children’s Partnership a few weeks ago, I heard from parent carers who had to fight tooth and nail to get the right school for their disabled child, one that met their needs. I have also heard those experiences from constituents in Durham. That is why it is so concerning that in the SEND Green Paper the Government are proposing to stop carers’ being able to specify a school for their disabled child, making the process even harder. Can the Minister outline how families with a disabled child will still be able to get the right education under this proposed policy?

[Will Quince]

I thank the hon. Lady for her question and I encourage everyone to take part in the SEND review consultation, which will expire on 22 July. The specific point she raises, on the tailored list of settings for parents in our proposal, is absolutely not about reducing costs; it is designed to support parents and carers in making an informed choice about which setting they would like their child to go to. I would be very happy to set out the policy in further detail in a meeting with her.

--- Later in debate ---

[Michelle Donelan]

We have recently added a further clause to our Higher Education (Freedom of Speech) Bill to ensure that there is more transparency when it comes to the donations that our universities receive.

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

T10. The National Education Union has calculated that teacher pay has fallen by a fifth in real terms since 2010, while average teacher salaries are at their lowest in more than 40 years compared with average earnings across the economy. Despite that, the majority of teachers look set to be offered a 3% rise—a real-terms pay cut. Teachers in Durham deserve a proper pay rise. How on earth can the Secretary of State justify not giving them one?

[Nadhim Zahawi]

I am grateful to the hon. Lady. We will wait to see the work of the pay review bodies. We have submitted our recommendation, and we will wait to hear what they say about it.

Foster Carers

Mary Kelly Foy Excerpts

Thursday 21st April 2022 Westminster Hall

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

It is an honour to serve under your chairmanship, Mr Robertson.

I start by paying tribute to my hon. Friend the Member for Jarrow (Kate Osborne) for securing this vital debate on the foster care system. I reiterate much of what she said. Although Members in the main Chamber have rightly been debating the very serious issue of whether the Prime Minister is fit for office, it is equally important that other serious issues of the day are not forgotten, and there are few matters more important than the impending foster care crisis.

As a councillor, I served on Gateshead Council’s adoption panel, which is closely linked to the foster care panel, so I have some knowledge of the foster care system. First of all, I must say that I have an enormous amount of respect for foster carers and, having been a carer myself, of a daughter with severe disabilities, I particularly thank those foster carers who look after and care for children with additional needs.

Like all carers, foster carers fulfil a role on behalf of the state, offering children a safe home, and often providing them with a nurturing environment and a surrogate family. At times it can be challenging, but when it is supported properly, it is a role that is deeply rewarding, giving foster carers the knowledge that they have made a real difference in the lives of the children they welcome into their home.

[Ian Byrne (Liverpool, West Derby) (Lab)]

I thank my hon. Friend for giving way and I thank my hon. Friend the Member for Jarrow (Kate Osborne) for securing this debate today. I also thank and pay tribute to all the wonderful foster families in my constituency of Liverpool, West Derby, and indeed beyond.

Does my hon. Friend agree that fostering can bring much fulfilment to the lives of all involved? I say that with total confidence after speaking to my good friend Kevin, who has become a foster carer, with his family. He said that it was indeed positively life-changing.

[Mary Kelly Foy]

I could not agree more, and I am sure my hon. Friend will join me in thanking Kevin and the foster carers here today, and indeed the Members here who have been foster carers themselves, as well as foster carers up and down the country. Given the importance of foster carers and the difference they make to society, the data on the number of foster carers makes for difficult reading and lays bare the scale of the impending crisis. Simply put, there are not enough foster carers to meet the demand.

There are two main reasons behind the shortage. The first is the rising number of children entering care. We have touched on some of the reasons for that today. A 2021 report by the Social Market Foundation found that, based on an average of 2.9% year-on-year growth in the number of children requiring foster care over the last five years, the number of children in need of care could rise by 33% by 2030. Combined with that is the equally pressing issue of the number of foster carers leaving the system, with 30% of deregistrations taking place within the first two years of approval for foster care. Those issues are as significant in County Durham as they are in local authorities across England, and we now face a huge deficit in foster carers.

Research by the Social Market Foundation suggests that more than 63,000 new foster carers need to be recruited in England by 2026 to meet the demand of the rising numbers of children entering care and to replace the foster carers leaving the system. Estimates suggest that fewer than 40,000 new foster families will be recruited in that time, leaving a recruitment deficit of around 25,000 foster care families. I truly worry that we are sleepwalking towards a foster care crisis.

With those issues in mind, it is clear to me that much more needs to be done to improve the recruitment of new foster carers as well as retain existing ones. Although there is much that can realistically be done, I want to state my support for two measures in particular. On the issue of recruitment, it is worth noting that there is not necessarily a lack of interest. In 2021, 160,000 individuals inquired about fostering, yet only around 2,200 were approved as foster carers. It is important that we recognise that not everyone who withdraws from the fostering process does so because they are disqualified. Many do so because personal circumstances make them temporarily unsuited to the role, yet they remain open to foster caring. We cannot allow those people to believe that they are unwanted by the system. We should make it clear to them that the door is not closed to them. It would therefore be useful if the Government could work to develop mechanisms for keeping in touch, with the permission of those involved, with those who inquire about becoming foster carers.

On the issue of retention, we should all be concerned by the fact that a third of former foster carers aged 18 to 54 cited a lack of training and support as the reason they stopped fostering. At the minute, the quality of the training provided to foster carers lacks consistency, and often fails to prepare people for the specific challenges of the children who will be placed in their care. It is therefore important that the existing training process is improved, both during the assessment period and throughout people’s time as foster carers. The training and support must be tailored to the needs of the children in their care so that foster carers feel valued and supported by the system and not forgotten about.

To finish, I want to reiterate my concern that the Government are sleepwalking into a crisis in foster care. People get into foster care for many reasons, but chief among them is a desire to provide a safe and nurturing environment for vulnerable children. Yet instead of that desire being nurtured by the authorities, foster carers are too often met with a lack of support and are weighed down by the challenges of the role. If we do not treat this problem with the severity it deserves and take steps to tackle the issues now, it is the most vulnerable children in society who will suffer the most.

[Mr Laurence Robertson (in the Chair)]

We now come to the Front-Bench speeches. I would like to leave a couple of minutes at the end for the mover of the motion to sum up.

School Rebuilding Programme

Mary Kelly Foy Excerpts

Tuesday 22nd March 2022 Westminster Hall

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

I beg to move,

That this House has considered rollout of the School Rebuilding Programme.

It is a pleasure to serve under your chairship, Mrs Miller. I am grateful that this debate has been granted as it is of great importance to my constituency and, I imagine, that of every Member here today.

Shortly after I was elected to represent City of Durham in 2019, one of the first items that came across my desk was a letter from Andy Byers, headteacher at Framwellgate School, inviting me to visit the school to see for myself the condition that it was in—and I was appalled.

Framwellgate School was built in the 1960s and, sadly, it shows. The school is too small, and cannot grow to meet the needs of an expanding pupil population and changing curriculum. It is spread across multiple blocks and has no social space for pupils. An increasing number of pupils need more specialist provision and more space. The upper floors have no disabled access and are not compliant with the Disability Discrimination Act 1995. I have not even mentioned that the site is extremely prone to flooding.

However, as frustrating as it was to see the learning environment for pupils in my constituency, it was even more frustrating that Framwellgate School had already been approved for a rebuild in 2009 under the previous Labour Government, who recognised the poor condition of the school and its potential impact on the education of young people in Durham. Sadly, in the year after the coalition Government came to power, plans for a rebuild were promptly scrapped by the then Education Secretary, the right hon. Member for Surrey Heath (Michael Gove). Now, 12 years after it was first allocated for a rebuild, the school has been overlooked for two rounds of funding under the current scheme, despite many of the issues that first made it eligible for a rebuild getting worse. Framwellgate School’s case is truly a desperate one.

I applied for this debate because the problems are not limited to a single school. I have had almost identical discussions as those with Mr Byers with the headteachers across the constituency. I have spoken extensively with Mr Hammill at St Leonard’s, which is similarly overdue a rebuild. The roof is in a shocking condition. Like Fram, it has extremely limited disabled access, and the very fabric of the building is completely inefficient. On top of that, one primary school head wrote to me with a shocking analysis of her school:

“Our school is in a dreadful state—the classrooms are poorly ventilated and are freezing in winter and boiling in summer. Our junior yard is not stable, tree root damage is prolific, our drains block regularly, we have ever increasing cracks in the walls and the floors, leaks under the floor and from the roof in some places, rising damp, a lifting hall floor.... I could go on!”

I cannot imagine how frustrating it must be for educators, pupils and parents who share the same goal of wanting every child to have the best possible start in life, only for their efforts to be limited by the poor condition of many of our schools. Whenever I have visited a school in Durham, I have been struck by the dedication and passion of the staff, and the inquisitive and talented pupils.

I have witnessed at first hand the role that our schools play in the community and the effort that they put into the wellbeing of children in Durham. Yet, when the Minister hears stories of flooded classrooms, overcrowded schools, rising damp and poor ventilation, can they honestly say that the pupils at those schools are learning in the best possible environment? Ministers are always happy to talk about levelling up in the vaguest possible terms, but they cannot claim to have come close to levelling up the north-east until the children in our region have the same life chances as those in the wealthiest regions. That can be done only by transforming the infrastructure and resources across our region, and much of that has to start in our schools.

[Mike Amesbury (Weaver Vale) (Lab)]

My hon. Friend is making an excellent speech. Of course, the Levelling Up Secretary of State is the same person as the Education Secretary who vandalised our schools up and down the country, and cancelled the Building Schools for the Future programme. Will my hon. Friend confirm that that was vandalism and levelling down at its worst?

[Mary Kelly Foy]

I had not realised it was the same Secretary of State. Given his agenda to level up, I would have thought that if he understood what was going on in schools, he would start to rebuild them. That would be an excellent start, especially in the north-east, which is very much in need of levelling up, whatever that might be.

The state of Framwellgate School and St Leonard’s in Durham is the perfect yardstick for the Government’s pledge to level up the north-east. Given that Framwellgate was first selected for a rebuild under the previous Labour Government more than a decade ago, can the Minister honestly say that education has improved in the City of Durham? The Government cannot even commit to rebuilding a school that the Labour Government pledged to rebuild in 2009.

We have had 12 years of Conservative Government, and the condition of many of our schools continues to deteriorate. The school is not asking for a lot—only for what it was promised. In comparison, let us consider the case of Belmont Church of England Primary School and Belmont Community School, which were allocated funding for a new, state-of-the-art joint campus under the then Labour-run Durham County Council. That goes to show the difference that Labour makes when we are in power.

Before I go on, I extend an invitation to the Minister present or to the Minister for School Standards, when he watches the debate later: come to Durham, please. Let me show them the condition of some of the schools in Durham, such as Framwellgate School, so that they can see for themselves the conditions that many of our children have to learn in and many of our staff have to work in. If it rains the night before, though, they might want to bring their wellies.

I will speak about the roll-out of the school rebuilding programme more broadly. I have a number of concerns, many of which have been expressed to me by headteachers in Durham. The first is the lack of transparency in the first stages of the programme regarding how and in what order funding is awarded, and the difficulties that that has caused to schools. After consulting headteachers in Durham last year, I called for a list ranking the conditions of all applicant schools to be published, so that each school could see where they were in the queue for a rebuild and their need compared with that of other schools.

That would combat the growing concern among headteachers that schools in electorally advantageous constituencies are being targeted for building projects. Such concerns are driven by the lack of transparency in the process, with unclear criteria and unpublished condition data collection reports. That is not helped by the superficial nature of CDC surveys, which are simply not fit for purpose. I know for a fact that Framwellgate School felt it necessary to invest in its own intrusive surveys to demonstrate the issues of electrics, drainage and so on, and to show its extreme need.

In addition, many heads are frustrated at having to apply to the condition improvement fund to carry out refurbishments, repairs and maintenance when they are held to account by the Department for Education for not maintaining their buildings or the site, while also trying to avoid limiting funding opportunities for a new build. I have been told explicitly by one headteacher that the two schemes conflict and the process is not joined up.

Heads point out that they could apply for and receive funding to repair the roofs of their school, only to find a year later that they had been successful in their school rebuilding programme bid. That has meant, potentially, a massive waste of public money, especially if the amount of CIF investment will turn a school that is in need of a rebuild into one that is fit for purpose. Schools continue to age and decline, reducing the impact of maintenance funding. Countless schools have exceeded the life of their buildings, resulting in the Government throwing good money after lost causes when it could go towards a new build.

The final issue that has been raised with me in my discussions with headteachers is that, even when headteachers are successful with a bid, they will receive an off-the-shelf school with little scope for a joined-up approach that meets the specific needs of the school or the community. With that in mind, I have some questions for the Minister about the design of schools under the programme.

First, how much scope is there for schools and communities to input into the design of a school and can other funding from local authorities, such as that resulting from the sale of land, be incorporated? Secondly, what have the Government learned from the pandemic about ensuring adequate ventilation and air-cleaning in buildings, and will that learning be incorporated into the design of new builds? Similarly, what have they learned from the pandemic about supporting teachers with the technology that they need, and how will such technology be incorporated into new buildings? Finally, how does the Government’s school rebuilding work tie in with their work on achieving net zero and their manifesto commitment on retrofitting public buildings?

The Government will no doubt point to the size of the rebuild programme and will argue that it is simply not possible immediately to fund a rebuild for every school in need. However, there must be recognition that the decision to scrap the Building Schools for the Future scheme has meant that schools that were already in need of rebuild are still in desperate need, while schools that previously could have waited for work are now in similar states of disrepair, creating an even greater need across the country. It will therefore be of little consolation to my constituents in Durham to hear that a school on the other side of England will receive a rebuild while their local school fails and falls further into disrepair, damaging the life chances of the children who attend it.

I truly hope that the Government listen to the concerns of Members present here today, and ensure that every child in Durham—indeed, every child across the country—has access to a school building that is fit to learn in.

--- Later in debate ---

[Mary Kelly Foy]

I will be brief. I thank all hon. Members who have taken part today and I am glad that we have had a constructive debate. It is great to hear about the new schools being built in County Durham. Unfortunately, none of those are in my constituency, but I am sure that the staff and children of Bishop Auckland and Sedgefield will be delighted. I welcome the fact that the criteria and the weightings will be published, because that is what heads have been asking for and they would like to know why those schools were chosen over theirs. I would be delighted to meet the Minister to discuss Framwellgate School Durham, and I hope that that invitation will also be extended to those interested headteachers. Finally, I hope that future bids by City of Durham schools are successful so that the children and educators in my constituency can have the best possible learning environment.

Question put and agreed to.

Resolved,

That this House has considered rollout of the School Rebuilding Programme.

Higher Education (Freedom of Speech) Bill

Mary Kelly Foy Excerpts

2nd reading
Monday 12th July 2021 Commons Chamber

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

I am pleased to be speaking in this debate as chair of the all-party group for friends of Durham University.

Let me be clear: I support freedom of speech. I want students and academics to feel comfortable discussing and promoting unpopular views in order to challenge conventional wisdom. After all, that is a vital part of university. However, I do not believe that freedom of speech should mean freedom from consequences. Under this legislation, universities and student unions could be forced to roll out the red carpet for holocaust deniers, transphobes anti-vaxxers and others with deplorable views, and if they do not, they risk being fined or sued. This is not a free speech Bill; it is more of a hate speech Bill.

Aside from being problematic morally, it is not clear how this legislation will work in practice. Durham University has told me that it still does not know how it will fit in with its existing duties. For example, the university subscribes to the IHRA definition of antisemitism, but now could be compelled to host holocaust deniers or face sanctions. Alternatively, speech around gender identity that might be allowed under this legislation could be in violation of the university’s policies on equality and trans rights. The university could therefore be forced to break its own codes of conduct, which are designed to protect staff and student welfare, or face fines. This is clearly wrong. Does this legislation supersede universities’ duties under education legislation, Prevent and employment law. It is all a bit of a mess.

What is especially frustrating is that this Bill is aimed at tackling a problem that does not really exist. Although Tories love to decry the so-called cancel culture at our universities, a study of 10,000 university speaker events found that just six were cancelled. As we have just heard from my hon. Friend the Member for Coventry North West (Taiwo Owatemi), four of them were cancelled for incorrect paperwork, one was cancelled to upgrade to a bigger venue, and one was a pyramid scheme. The words “moral panic” come to mind. In fact, Durham University has informed me that, far from encouraging a wider range of views, the threat of sanction could actually result in a more risk-averse speaker programme. The thing that really irritates me about this legislation is that there are so many other issues in higher education that need fixing. Freedom of speech is threatened less by wokeness and more by insecure work and limited funding. Students are concerned about the cost of rent, tuition fees, levels of sexual harassment and so much more, so where is the legislation to address those issues?

The Bill shows that the Government are more concerned with stirring up a culture war than addressing the real problems in society. It will only make life harder for students and staff in Durham who were already over-burdened by introducing more bureaucracy into education. It is just the latest example of the Government’s twisted priorities.

I will finish by saying to the Government: stop playing politics, scrap this Bill and introduce some measures that will actually improve higher education.

Oral Answers to Questions

Mary Kelly Foy Excerpts

Monday 21st June 2021 Commons Chamber

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

What recent assessment he has made of trends in the cost of school transport.

[The Secretary of State for Education (Gavin Williamson)]

In the past three years, there has been an 18% increase in local authority spend on school transport, reaching £1.3 billion in the year 2019-20.

[Mary Kelly Foy [V]]

Although St Leonard’s Catholic School in Durham has done its best to subsidise the cost of school transport for families over the past year, it can no longer afford to do so, and for some the cost per student will rise from £50 to £70 a month. Will the Education Secretary explain what the Government are doing to protect families in Durham from that increased and unexpected cost, and will he meet me before the summer holidays to discuss school transport?

[Gavin Williamson]

If the hon. Lady would be kind enough to send in more details of the issue she has raised, I would be very happy to organise for the Minister for School Standards to meet her to discuss in finer detail some of her concerns, some of the challenges that the local authority may be facing and what needs to be done by Durham County Council.

Catch-up Premium

Mary Kelly Foy Excerpts

Tuesday 15th June 2021 Commons Chamber

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

I simply cannot believe that after spending last year debating whether the Government should feed hungry children during the pandemic we are now, for the second time in a week, debating just how much children’s futures are worth as part of the recovery. Have we ever seen a Government who cared so little about the people they were meant to be serving?

During the pandemic, pupils’ education has been displaced and disrupted, moved between classroom and Zoom. School staff have gone above and beyond to ensure that pupils have still received an education—parents were instrumental, too—and they have my total admiration. Although we desperately need a comprehensive recovery plan to make up for lost development, it is testament to the graft of school staff that the situation is not as dire as it could have been, so it is shameful that all we hear from Government Members is the scapegoating of burnt-out staff and calls to pile more work on their shoulders.

Fortunately, the Labour party has proposed a catch-up plan that prioritises the interests of students and staff. While the Government’s plan is based on penny pinching, Labour’s is based on expert advice and investment. Our plan calls for breakfast clubs and extracurricular activities. It would make small-group tutoring available to all who need it and provide the quality mental health support necessary to meet the challenges ahead. Our recovery plan matches young people’s ambition for their futures and gives schools the resources that they need.

We in the Labour party are often accused of being too ambitious—of offering too much—but when it comes to delivering the brightest future possible for children throughout society, can we ever be ambitious enough? Pupils have been deprived of a full education at a critical stage in their development and socialisation. It has been a hugely difficult year for young people and we cannot avoid the fact that it will take serious investment to correct it. As we know, when Sir Kevan Collins delivered his recommendations for a catch-up plan, the Government offered 10 times less than the funding he recommended. It really is not the time to be bargain hunting. We have one shot at this recovery and the Government simply must get it right, because the futures of millions of young people are at stake.

Throughout this pandemic, when the Government have attacked education unions for standing up for the interests of staff, pupils and parents, they have insisted that their priority is having children in the classroom and supporting their education; well, children are now back in the classroom, so it is time for the Government to decide whether they are going to invest in them or abandon them.

Investing in Children and Young People

Mary Kelly Foy Excerpts

Wednesday 9th June 2021 Commons Chamber

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

First, I pay tribute to all the teachers, school staff and parents who have worked tirelessly to educate our children and keep them safe during the pandemic.

The Government’s failings on children’s education are clear. Over 140 organisations, including the North East Child Poverty Commission, have slammed the disgraceful recovery plans, stating that

“supporting babies, children and young people to recover from the impact of the pandemic is still not a priority for Government investment.”

That is simply damning. As my hon. Friend the Member for Liverpool, West Derby (Ian Byrne) highlighted, the Government’s recovery plan places a value of just £50 per child—32 times less than the US and 50 times less than the Netherlands. Is this really “build back better”, because to me it seems like “build back cheaper”?

Fortunately Labour has offered an alternative plan: one that invests in children’s education, nourishes their extra-curricular interests, and gives every child the mental health support they need. Not only does this plan place children at the heart of the recovery—it does so without scapegoating our incredible school staff, as the Education Secretary did so shamelessly yesterday. It is disgraceful how Conservative Members have been attacking our trade unions, whose members are actually teachers and support staff who have been working tirelessly for our young people and children.

However, for many pupils in my constituency, the education barriers extend beyond the Government’s miserly plan. Under the Labour Government in 2009, Framwellgate School Durham was earmarked for a full rebuild. Yet when the Conservative-Liberal Democrat coalition came to power, the plans were scrapped under the right hon. Member for Surrey Heath (Michael Gove). In the decade since, the school has grown to 1,300 pupils. Between them there are just 16 toilets. There is no disabled access to the classrooms on upper floors, while poor drainage means the site regularly floods. This is far from the optimal learning environment. Yet despite Fram School being scheduled for rebuild in 2009 and having a very poor condition report, it was not included in the first 50 schools allocated rebuild funding from the Government, and it does not know when it will receive the funding it desperately needs. In the meantime, decisions must be made on how best to spend maintenance funding without the ability to plan for the long term.

In comparison with the Government’s inaction, under Labour leadership, Durham County Council backed a £34 million investment for a new joint campus for Belmont Community School and Belmont Primary School. If only central Government would show the same ambition. With this in mind, I wonder if the Minister could answer two simple questions from Fram School: when will Fram School receive funding for a rebuild; and will the Government give schools transparency by publishing a priority list and a long-term rebuild list so that the conditions of schools can be compared? I urge the Government to accept Labour’s education recovery plan and to invest in children’s futures in Durham—and for Framwellgate School, recovery must come with a rebuild.

Education Recovery

Mary Kelly Foy Excerpts

Monday 7th June 2021 Commons Chamber

[Gavin Williamson]

My hon. Friend is right to flag up the importance of ensuring that the interventions that we are taking are actually delivering dividends for children. We have commissioned Renaissance Learning to do extensive tests and continuous assessment to see what the impact is. We saw that when children went back into school, there was an immediate benefit, an uplift and a catch-up. Obviously, we had the additional lockdown, which none of us wanted or foresaw, but we will continue to monitor this incredibly closely, and it will inform further investments that we make to help children, to ensure that the money is being spent wisely and well.

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

This Carers Week, I am concerned that disabled children are being left out of the conversation on recovery. The needs of every child, not just those without special educational needs, should be considered. How will the Secretary of State ensure that the Government’s covid-19 recovery plans meet the complex needs of disabled children and their families and allow them to heal?

[Gavin Williamson]

The hon. Lady is right to highlight the importance of that, and I reassure her that it has certainly been at the forefront of my mind and that of the Under-Secretary of State for Education, my hon. Friend the Member for Chelmsford (Vicky Ford). That is why, as we have worked up the allocations and the formula, there has been a particular tilt towards those schools that are supporting children with special needs, recognising that they have extra demands on their shoulders.

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.