Asked by: Tim Loughton (Conservative - East Worthing and Shoreham)
Question to the Department for Education:
To ask the Secretary of State for Education, what plans he has to make it a requirement for private tutors to undergo safeguarding checks and be subject to the DBS requirements applicable to directly employed teachers; and if he will make a statement.
Answered by Nick Gibb
Nothing is more important than the safety of children, which is why private tutors are already eligible to receive basic Disclosure and Barring Service (DBS) certificates, which parents and carers should ask to see to assure themselves of a tutor’s suitability. In addition to asking to see a private tutor’s basic DBS certificate, parents and carers might also consider what other information may be available to help them assess a tutor’s suitability to work with their children. It is recommended that parents confirm a tutor’s identity. Testimonials from parents and/or pupils themselves will help provide reassurance about the tutor’s teaching ability and about the way in which they interact with the pupil.
Parents and carers should also look to ensure that the home tutoring takes place in a room in the home that allows the parent access to enable them to supervise.
The Government is exploring ways to allow self employed people, including tutors, to access enhanced criminal records checks.
On 21 October 2020, the Department published ‘Keeping children safe during community activities, after-school clubs and tuition: non-statutory guidance for providers running out-of-school settings’. This guidance is for organisations or individuals who provide community activities, tuition or after school clubs for children, also known as out of school settings (OOSS) providers, as well as their staff and volunteers.
The guidance aims to help providers of OOSS understand best practice for creating a safe environment for children in their care and give parents and carers confidence that their child is in a safe activity or teaching environment. The guidance can be found here: https://www.gov.uk/government/publications/keeping-children-safe-in-out-of-school-settings-code-of-practice.
Alongside this, the Department has also published accompanying guidance for parents and carers to help support them when choosing OOSS providers for their children, including positive signs and red flags to look out for. This can be found here: https://www.gov.uk/government/publications/guidance-for-parents-and-carers-on-safeguarding-children-in-out-of-school-settings.
Asked by: Emma Hardy (Labour - Kingston upon Hull West and Hessle)
Question to the Home Office:
To ask the Secretary of State for the Home Department, whether additional resources will be made available to support quick Disclosure and Barring Service checks for people volunteering to support the response to the covid-19 outbreak.
Answered by Victoria Atkins - Secretary of State for Health and Social Care
As part of the Government’s emergency planning for Covid-19 the Home Office are working closely with Disclosure and Barring Service and Department of Health and Social Care and Education officials. Information about checks for people supporting the response and people volunteering can be found in the links below.
Asked by: Ben Lake (Plaid Cymru - Ceredigion)
Question to the Department for Education:
To ask the Secretary of State for Education, what discussions he has had with (a) the National Union of Students, (b) Universities UK, (c) University and College Union, (d) Unison and (e) Unite on university use of non-disclosure agreements.
Answered by Michelle Donelan - Secretary of State for Science, Innovation and Technology
The government consulted on the misuse of confidentiality clauses in employer/employee relationships in 2019, and in response announced that we will legislate to prevent the misuse of Non-disclosure agreements (NDAs) in the workplace – including those being used to cover up harassment and discrimination. This will strengthen protections for individuals and create a create a fairer workplace for all.
In responding to that consultation, the University and College Union (UCU) and other unions expressed concern about the misuse of NDAs to 'gag' staff after experiencing poor behaviour in the workplace, including bullying, discrimination or sexual misconduct.
The department does not hold data on the use of NDAs in higher education and therefore has not made any specific analysis of their use. While there are a range of legitimate reasons why universities may use NDAs, including, for example, the protection of commercially sensitive information related to university research, we recognise their misuse is an area of concern.
We have clear expectations that universities should only use NDAs where necessary and appropriate. Any misuse of these agreements to hide workplace harassment or withhold details of student complaints is completely unacceptable and can not only distress individuals but also risk bringing the reputation of our world-leading higher education system into disrepute.
Sexual misconduct and harassment are unacceptable in higher education, as elsewhere, and government expects higher education providers to have robust and appropriate policies and procedures in place to effectively handle disclosures and reports of such behaviour by students and staff.
The Office for Students (OfS) is currently consulting on its approach to regulation and its expectations for providers in addressing sexual misconduct and harassment in their institutions. This consultation closes on 27 March. Government officials meet at least quarterly with both the OfS and Universities UK specifically to discuss making progress on tackling harassment in higher education.
Asked by: Ben Lake (Plaid Cymru - Ceredigion)
Question to the Department for Education:
To ask the Secretary of State for Education, what discussions he has had with (a) vice-chancellors and (b) student union presidents of universities that have been used non-disclosure agreements.
Answered by Michelle Donelan - Secretary of State for Science, Innovation and Technology
The government consulted on the misuse of confidentiality clauses in employer/employee relationships in 2019, and in response announced that we will legislate to prevent the misuse of Non-disclosure agreements (NDAs) in the workplace – including those being used to cover up harassment and discrimination. This will strengthen protections for individuals and create a create a fairer workplace for all.
In responding to that consultation, the University and College Union (UCU) and other unions expressed concern about the misuse of NDAs to 'gag' staff after experiencing poor behaviour in the workplace, including bullying, discrimination or sexual misconduct.
The department does not hold data on the use of NDAs in higher education and therefore has not made any specific analysis of their use. While there are a range of legitimate reasons why universities may use NDAs, including, for example, the protection of commercially sensitive information related to university research, we recognise their misuse is an area of concern.
We have clear expectations that universities should only use NDAs where necessary and appropriate. Any misuse of these agreements to hide workplace harassment or withhold details of student complaints is completely unacceptable and can not only distress individuals but also risk bringing the reputation of our world-leading higher education system into disrepute.
Sexual misconduct and harassment are unacceptable in higher education, as elsewhere, and government expects higher education providers to have robust and appropriate policies and procedures in place to effectively handle disclosures and reports of such behaviour by students and staff.
The Office for Students (OfS) is currently consulting on its approach to regulation and its expectations for providers in addressing sexual misconduct and harassment in their institutions. This consultation closes on 27 March. Government officials meet at least quarterly with both the OfS and Universities UK specifically to discuss making progress on tackling harassment in higher education.
Asked by: Ben Lake (Plaid Cymru - Ceredigion)
Question to the Department for Education:
To ask the Secretary of State for Education, what assessment his Department has made of the prevalence of use of non-disclosure agreements by universities.
Answered by Michelle Donelan - Secretary of State for Science, Innovation and Technology
The government consulted on the misuse of confidentiality clauses in employer/employee relationships in 2019, and in response announced that we will legislate to prevent the misuse of Non-disclosure agreements (NDAs) in the workplace – including those being used to cover up harassment and discrimination. This will strengthen protections for individuals and create a create a fairer workplace for all.
In responding to that consultation, the University and College Union (UCU) and other unions expressed concern about the misuse of NDAs to 'gag' staff after experiencing poor behaviour in the workplace, including bullying, discrimination or sexual misconduct.
The department does not hold data on the use of NDAs in higher education and therefore has not made any specific analysis of their use. While there are a range of legitimate reasons why universities may use NDAs, including, for example, the protection of commercially sensitive information related to university research, we recognise their misuse is an area of concern.
We have clear expectations that universities should only use NDAs where necessary and appropriate. Any misuse of these agreements to hide workplace harassment or withhold details of student complaints is completely unacceptable and can not only distress individuals but also risk bringing the reputation of our world-leading higher education system into disrepute.
Sexual misconduct and harassment are unacceptable in higher education, as elsewhere, and government expects higher education providers to have robust and appropriate policies and procedures in place to effectively handle disclosures and reports of such behaviour by students and staff.
The Office for Students (OfS) is currently consulting on its approach to regulation and its expectations for providers in addressing sexual misconduct and harassment in their institutions. This consultation closes on 27 March. Government officials meet at least quarterly with both the OfS and Universities UK specifically to discuss making progress on tackling harassment in higher education.
Asked by: Mary Creagh (Labour - Wakefield)
Question to the Cabinet Office:
To ask the Chancellor of the Duchy of Lancaster and Minister for the Cabinet Office, if he will (a) publish the memorandum of understanding between the Government Digital Service and Government departments on data ethics and compliance that enables cross tracking of Gov.UK, (b) state which Departments and non-departmental bodies the MOU was sent to and (c) set out the departments and non-departmental public bodies that have agreed the MOU.
Answered by Simon Hart - Parliamentary Secretary to the Treasury (Chief Whip)
The Government Digital Service (GDS) is implementing end-to-end performance monitoring so that GOV.UK can be designed to ensure that people can access the information and services they need as easily as possible. Government departments are enabling GDS to centrally collect data on site usage across the GOV.UK estate, to provide an end to end, anonymised view of how people interact with government online. In developing this project, we have taken into account both the data protection regime and other guidance like the Government’s Data Ethics Framework.
We are using clear and robust Memorandums of Understanding to set out the terms of the project. The MOUs outline the responsibilities of both the GDS and departments in a number of areas, including handling the relevant data to ensure there is no unauthorised access, loss, misuse, modification or disclosure.
The MoUs were sent to the following departments: the Department for Business, Energy and Industrial Strategy (BEIS), the Department for Environment, Food and Rural Affairs (DEFRA), the Department for Education (DfE), the Department for Exiting the European Union (DExEU), the Department for Transport (DfT), the Department for Health and Social Care (DHSC), the Home Office, HM Revenue and Customs (HMRC), HM Treasury (HMT), the Ministry of Housing, Communities and Local Government (MHCLG), the Ministry of Defence (MoD), the Ministry of Justice (MoJ), the Department for International Trade (DfID), the Department for Work and Pensions (DWP), the Foreign and Commonwealth Office (FCO), the Cabinet Office (CO) and the Department for Digital, Culture, Media and Sport (DCMS). We have received signed MOUs from all Departments apart from FCO, CO, DWP and DCMS as we are still working through some points of detail, to facilitate their response.
The MoUs will be regularly updated in line with the government’s commitment to continuous improvement in digital services and best practice in data and privacy standards. It is a long standing policy of the Government Digital Service to operate in the spirit of full transparency, and we plan to publish the document in due course.
Asked by: Lord Hylton (Crossbench - Excepted Hereditary)
Question to the Home Office:
To ask Her Majesty's Government, further to the Written Statement by Baroness Williams of Trafford on 8 May (HLWS1504), whether they expect local authorities will offer extra placements to Unaccompanied Asylum-Seeking Children (UASC); and whether offers from individual British families to adopt or to foster UASC will be taken up.
Answered by Baroness Williams of Trafford - Captain of the Honourable Corps of Gentlemen-at-Arms (HM Household) (Chief Whip, House of Lords)
The Home Office recognises the highly valuable work that local authorities undertake in supporting unaccompanied asylum-seeking children (UASC) and that is why we significantly increased the funding paid as a contribution to their costs. It is hoped that this will enable more local authorities to feel able to offer placements for vulnerable UASC, and we will be working with them and partners to encourage this.
It is unlikely that adoption will be an appropriate option for unaccompanied children. The United Nations High Commission for Refugees, as well as other humanitarian charities, advise that no new adoption applications should be considered in the period after a disaster or fleeing from war. It is not uncommon for children in these circumstances to be temporarily separated from their parents or other family members who may be looking for them. Efforts to reunite children with relatives or extended family should therefore be given priority.
Foster parents are recruited by fostering services which include local authorities or independent fostering agencies. The decision to let someone foster a child, including UASC, is a very important one to get right. Anyone who wants to become a foster parent must undergo a full assessment and be approved by a fostering service before any child can be placed in their care. Regulations set out in detail the requirements of the approval process, including the information that must be collected in the assessment and the requirement for a Disclosure and Barring Service (DBS) check. In 2013 Department for Education streamlined and strengthened the assessment and approval process for foster carers, introducing a two-stage process to ensure efficiency and transparency.
Existing foster parents may also be able to provide suitable homes for unaccompanied children and over the past two years the Department for Education has funded over 2000 training places for existing foster parents and support workers who wish to care for UASC, with places being prioritised for local authorities participating in the National Transfer Scheme.
Asked by: Emma Lewell-Buck (Labour - South Shields)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, with reference to paragraph 211 of the IICSA report Sexual Abuse of Children in Custodial Institutions: 2009–2017, published February 2019, what the terms of reference are of the safeguarding review being carried out on the children’s secure estate; what date the review was established; and what the timetable is for the report from that review to be published.
Answered by Edward Argar - Minister of State (Ministry of Justice)
The Youth Custody Service’s internal safeguarding review was established in April 2018, under the following Terms of Reference:
The YCS safeguarding report is in the process of being finalised and I will write to you when the report has been submitted to me.
Asked by: Matthew Offord (Conservative - Hendon)
Question to the Department for Education:
To ask the Secretary of State for Education, how many non-disclosure agreements his Department has entered into with departmental staff in each of the last five years.
Answered by Anne Milton
The department does not use non-disclosure agreements.
Asked by: Angela Rayner (Labour - Ashton-under-Lyne)
Question to the Department for Education:
To ask the Secretary of State for Education, if his Department will publish a list of instances where multi-academy trusts have entered into a non-disclosure agreement with staff in each of the last five calendar years; and if he will make a statement.
Answered by Nadhim Zahawi
The information requested is not held centrally.
All academy trusts are bound by the requirements of the Academies Financial Handbook. This handbook establishes that they must ensure that the use of confidentiality clauses associated with staff severance payments do not prevent an individual’s right to make disclosures in the public interest under the Public Interest Disclosure Act (1998).