Question to the Department for Education:

To ask the Secretary of State for Education, what assessment her Department has made of the adequacy of safeguarding provisions in the Children’s Wellbeing and Schools Bill for young performers absent from school for work.

The existing legislation on child performance is already sufficient. Under S37 of the Children and Young Persons Act (1963), a licence must be obtained before children can take part in certain types of performance, both professional and amateur, and in paid sport and modelling.

The licensing system is administered by local authorities. A licence will only be granted by the local authority once it is assured that the child’s education, health, and wellbeing will not suffer, and the conditions of the licence will be observed.

The current system provides a check that those responsible for such activities make suitable arrangements to safeguard the children involved and that any potential risks are mitigated. The needs of children, their wellbeing and education are paramount. Indeed, producers and organisers have a responsibility to ensure that each child is kept safe and that their education does not suffer.

All schools can grant leaves of absence for pupils to participate in a regulated performance (paid or unpaid) during school hours. Schools maintained by a local authority and special schools not maintained by a local authority can only do so in the following circumstances, under regulation 11(2) of the School Attendance (Pupil Registration) (England) Regulations 2024:

• Where the local authority has granted a licence for the pupil to take part in a performance regulated by section 37(2) of the Children and Young Persons Act 1963.
• Where a pupil does not need a licence for such a performance because an exception applies under section 37(3) of the Children and Young Persons Act 1963, including where a Body of Persons Approval (BOPA) covering the pupil has been issued by the local authority where the performance will take place or by the Secretary of State.
• Where a Justice of the Peace has given the pupil a licence to go abroad for a performance or other regulated purpose under section 25(2) of the Children and Young Persons Act 1933.

On each occasion that schools take the attendance register they must record whether each registered pupil is physically present in school or, if not, the reason they are not in school by using the appropriate national attendance and absence codes from regulation 10 of the School Attendance (Pupil Registration) (England) Regulations 2024.

The Children (Performances and Activities) (England) Regulations 2014 set out details of what safeguards must be in place to ensure that children do not perform excessively, limits are placed on performance duration, and requirements for breaks are set out, as well as ensuring that children do not also work on days that they are performing. They also set out arrangements for tutoring should they be absent from school to ensure that their education does not suffer. Requirements for chaperones, travel, changing, and accommodation arrangements are also defined. The premises for any performance must also be approved by the local authority.

These regulations are vital to children performing in a safe environment whilst ensuring that their education and wellbeing does not suffer.

The Children’s Wellbeing and Schools Bill is also strengthening child employment legislation, giving greater opportunities for meaningful suitable employment to children, whilst ensuring it does not have a negative impact on their health, development, and education.