Education and Training (Welfare of Children) Bill

Debate between Mary Kelly Foy and Kate Osborne

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

[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.