School Crossing Patrols (Dorset)

Norman Baker Excerpts

Wednesday 16th March 2011 Westminster Hall

[The Parliamentary Under-Secretary of State for Transport (Norman Baker)]

I congratulate my hon. Friend the Member for Mid Dorset and North Poole (Annette Brooke) on securing this debate on a subject so important to children, families and schools in Dorset and elsewhere. I assure the House that we take the safety of children, and indeed all road users, very seriously indeed. The hon. Member for South Dorset (Richard Drax) correctly quoted my colleague the Under-Secretary of State for Transport, the hon. Member for Hemel Hempstead (Mike Penning), on that matter.

I listened with great interest to the points made by both my colleagues, who were eloquent and persuasive in their arguments. I will start by explaining the legislative background to the school crossing patrol service. The service is provided by local authorities. Legislation gives local authorities the power, but not the duty—my hon. Friend the Member for South Dorset was quite right—to appoint school crossing patrols to help children cross the road on their way to and from school. A school crossing patrol officer appointed by an appropriate authority, wearing the approved uniform and displaying the familiar sign has the power to require drivers to stop. It is correct that others acting on an informal basis do not have that power. School crossing patrol officers operating outside those conditions have no legal power to stop traffic.

Local authorities have a general duty under section 39 of the Road Traffic Act 1988 to promote road safety. The duty requires them to take such measures as appear appropriate to prevent accidents. It is for them to decide whether those measures should include school crossing patrols. The Education and Inspections Act 2006 introduced a duty on local education authorities to promote sustainable travel to school. If a particular road is considered unsafe for children to cross en route to school, the local authority can address the issue in various ways. School crossing patrols are one of the options available to them.

There are no specific requirements in the rules on school crossing patrols about the funding of the service, and there is nothing in those rules to prevent a school from providing such funding. Schools have considerable freedom in how they spend their delegated budget. Regulations prescribe that they can spend it on anything for the “purposes of the school”. That includes expenditure that will benefit pupils at the school and other maintained schools. We therefore believe that it is legitimate for schools to spend their budgets on school crossing patrols as long as governing bodies are satisfied that it is for the purposes of the school. All those matters are the business of the local authority and not something in which my Department can or should intervene.

I understand my hon. Friends’ concerns about a power as opposed to a duty, but I must advise them that we do not intend to introduce new legislation to place obligations on local authorities to provide specific road safety measures, whether they are school crossing patrols or any other measures. We believe that local authorities are best placed to decide the priorities for their local areas and the best way to improve road safety in those areas. Dorset county council, like other county councils, is democratically elected and answerable for its decisions to its local electorate. If it makes wrong decisions or decisions that appear to be or are interpreted as wrong, the electorate can make that known in how they cast their votes at subsequent county council elections.

The Government continue to provide substantial funding for local transport, including for road safety. It is for local authorities and their communities to decide what resources are used to improve road safety, and to determine their own solutions, tailored to the specific needs and priorities of their communities. Dorset county council has decided to seek to continue providing its school crossing patrols by inviting those who value their service to make some contribution. It has advised us that the changes are not due to take effect until September 2012. The word used was “postponed,” but I wonder whether that means that they really have been postponed or whether that is in line with the council arrangements that have been voted on and that were referred to earlier. In any case, that is the intended start date. My hon. Friend the Member for Mid Dorset and North Poole and the hon. Member for South Dorset may be interested to know that I am not aware of any other local authority with no crossing patrols at present.

Although we want decisions to be made locally wherever possible, we accept that national Government still have a crucial role in providing leadership on road safety, delivering better driving standards and testing, enforcement, education, and managing the strategic road infrastructure. We also provide information and guidance to support local delivery. We are preparing the strategic framework for road safety and have held workshops to inform its development. We plan to publish it in the near future. The Under-Secretary of State for Transport, my hon. Friend the Member for Hemel Hempstead, will lead that process.

The Department for Transport does much to promote the safety of children in many ways. For example, as well as working to protect children by improving driving standards, we issue advice, guidance and teaching materials so that children can be given the skills to become safe road users when they are out and about. In our most recent campaign, we piloted an innovative new partnership between the Think! child road safety campaign and four football clubs located in regions with higher than average casualties of six to 11-year-olds. The football clubs used Think! materials, prepared by the Department for Transport, in their after-school clubs and in activities in schools and on match days to help children learn how to find safe places to cross the road, which evidence shows is a key factor in helping children stay safe on the roads. The materials are on the Department’s website and we hope that other authorities will use them, too.

We have also made available to all schools our comprehensive set of road safety teaching resources, so that they have good-quality materials that they will want to teach. Think! education is aimed at four to 16-year-olds and covers all aspects of road safety, from car seats for young children to pre-driver attitudes for secondary schools. It includes materials for teachers, pupils and parents and can also be used by out-of-school groups, such as the Cubs and Brownies. The suite of teaching resources is currently being independently evaluated. We have also disseminated the Kerbcraft child pedestrian training scheme, whose evaluation has shown that the scheme is highly effective in delivering a lasting improvement in children’s road-crossing skills and understanding.

We strongly advise parents to encourage their children to take cycle training at about the age of 10 onwards. It provides the opportunity to influence their future travel behaviour by enthusing them and equipping them with the necessary skills. I want to make it plain that the Government are fully committed to supporting sustainable travel, including cycling. We are delighted to support Bikeability training—the cycling proficiency for the 21st century— for the remainder of this Parliament. It is designed to give children and adults the skills and confidence to ride their bikes on today’s roads. In 2011-12, £11 million will be available to local authorities and school sport partnerships to enable 275,000 more children to receive training.

I recently launched the new local sustainable transport fund, which was mentioned in the Department for Transport’s White Paper. The fund makes available £560 million to local authorities to encourage local sustainable travel. I hope that Dorset county council and other highway authorities will submit a bid for the fund. The hon. Members present may want to draw the county council’s attention to it to encourage sustainable travel initiatives in Dorset.

[Annette Brooke]

I thank the Minister for drawing attention to that large fund and for the emphasis that the Government are placing on sustainable travel to school. Walking is very important. We are talking about patrol crossings that meet national criteria, so should there not be more leadership from the Government, in the form of conversations with councils, if we are faced with the possibility of those crossings disappearing?

[Norman Baker]

We in the Department for Transport have a view of what would be desirable for each individual local authority to adopt as best practice, and, as I have indicated, we try to make available the materials and information to enable them to reach sensible conclusions about their own practices. Members will be aware, however, that, ultimately, we are encouraging democratically elected bodies to be responsible for their own actions. As a consequence of that, county councils, district councils and unitary authorities will take decisions that, in some cases, are not the ones that the Department would have taken had the matter been centrally controlled. In the era of localism, it is for county councils to be free to innovate. That might drive up performance, but on some occasions it might drive down performance. That is a consequence of localism. It will be more of a patchwork arrangement across the country.

What we can do is make it plain from the centre what we believe best practice is—we are beginning to do that through the methods that I have described—but, ultimately, it is up to Dorset and other county councils to decide whether they want to pay attention to that. Obviously, I hope that Dorset and every other county council in the country takes its road safety responsibilities seriously.

I was asked whether there should be a risk assessment before the matter is decided. I am advised that there is no requirement to carry out a risk assessment before stopping the service. As my hon. Friends know, the service is discretionary, so Dorset county council is not duty bound to produce a risk assessment, although it could, of course, have done so had it wished.

In conclusion, I pay tribute to the men and women all over the country who work as school crossing patrol officers—our much-loved lollipop men and women. I am very grateful for the invaluable work that they do. They are important members of the community, performing a difficult job in all weathers to ensure that children get to school as safely as possible. They have a crucial role to play in introducing children to road safety and respect for traffic. Everybody should value their contribution. I know that many have served their community over many years. They have seen the children grow up and then bring their own children to school, and they are remembered with affection by those of us young enough to have benefited from their help.

I am grateful to my hon. Friend the Member for Mid Dorset and North Poole for introducing this debate. The Department, the Government and I consider the issue of child safety to be very important, and I hope that I have demonstrated that this is an area in which we are active. On the specific matter to which my hon. Friend and the hon. Member for South Dorset have referred, they will appreciate that any decisions are to be made, ultimately, by Dorset county council. However, my hon. Friend was absolutely right to introduce the debate and I am grateful that she has received support from her parliamentary neighbour, the hon. Member for South Dorset. I believe that she has put together a compelling case, and hope that Dorset county council will reflect very carefully indeed on her remarks and those of the hon. Gentleman.

Question put and agreed to.