Child Abuse (Hansard, 22 January 1991)

§ Mr. Fallon

During the past 18 months, my right hon. and learned Friend has introduced further measures to reduce the risk of pupils in independent schools being subject to physical or sexual abuse by members of staff. The measures described later in my reply strengthen the pre-existing procedures under the Education Acts 1944 and 1981; in addition the provisions of section 87 of the Children Act 1989, which includes a new statutory welfare duty on proprietors and those responsible for running certain independent boarding schools, will be brought into effect in October 1991. From the same date, certain independent schools with 50 boarders or fewer will need to register as children homes and will be subject to regulations, including on welfare, to be made under section 63 of that Act.

The Registrar of Independent Schools reminded proprietors on 30 April 1990 of their existing statutory duty to report to the Secretary of State instances where teachers are dismissed on grounds of misconduct or resign in circumstances where dismissal would have been considered. The letter also gave detailed guidance about the standing arrangements for schools to vet prospective employees, noting that in all cases referred to the Department a check would automatically be made of the list of people deemed unsuitable for employment in maintained schools—list 99.

It has also been decided that Her Majesty's inspectors visiting provisionally registered schools for final registration, or on routine visits to registered independent schools will now inquire whether appropriate checks have been made in the case of all recent staff appointments.

In the case of independent schools seeking approval under section 11 of the Education Act 1981 to admit pupils with special educational needs, Her Majesty's inspectors will include in their regular schedule of questions the inquiry whether appropriate checks have been made, including of list 99 in relation to staff appointments.

In order to monitor the volume of enquiries from independent schools about list 99, and so that in any cases 122W of doubt the facts can be verified, the Department has invited those organisations and agencies in the independent schools field who are authorised holders of the list to keep a record of the enquiries they receive. This information, together with the records kept by the Department's teachers misconduct division, will give the Secretary of State a clearer picture in future of how fully the list is being used.

Where it comes to the notice of the Secretary of State that there has been a failure on the part of an independent school adequately to check the background of a teacher or other member of staff and, whether as a consequence of this or otherwise, circumstances have arisen which in his view render the school objectionable in the terms of section 71 of the Education Act 1944, consideration is given to bringing the known facts of the situation directly to the attention of all parents, guardians or agencies who place pupils at the school. In parallel, the Secretary of State will invariably consider the notice of complaint procedure provided for in the Education Act.

In order to provide help and counsel for boarding school pupils who may have worries which they feel they cannot share with staff or other adults, the Department, with the Independent Schools Joint Council, is providing funds for the experimental boarding school line. The line was launched on 13 January and will operate this term and next. We hope that, apart from providing help, the line will give useful indications about the incidence of pupils' problems, including abuse.

Consideration is now being given to how list 99 may be made more comprehensive in its coverage of non-teaching staff, thus supplementing the consultancy service operated by the Department of Health whereby local authorities and voluntary bodies can check the suitability of those they propose to employ in the child care field. This would require that proprietors report to the Secretary of State instances where non-teachers are dismissed on grounds of misconduct or resign in circumstances where dismissal would be considered.

Guidance on the implications for independent schools with boarders of the implementation of the Children Act will be published soon. The Department and Her Majesty's inspectorate will continue to work closely with the Department of Health and the social services inspectorate to devise arrangements and support which will make effective the duty to safeguard and promote the welfare of pupils placed on proprietors, or those responsible for running, independent schools with boarders. In particular, it has been agreed that, in their routine visit to schools, social services departments will expect to see firm evidence that proper checks have been conducted on appointment of any staff who are likely to come into regular contact with pupils.

Finally, in order to minimise the danger of exploitation of students attending English language schools in Britain, the then Minister of State wrote to European colleagues in November 1989 drawing attention to the British Council's recognition scheme, and advising use of recognised schools only.

These additional measures are a mark of the seriousness with which the Secretary of State views the need to prevent any possibility of pupils in independent schools being subject to abuse. He is confident that his concern is shared by the vast majority of proprietors, heads and staff of independent schools, and the independent schools associations, and looks to those in schools to take all 123W reasonable measures to avoid the possibility of abuse, or, in any cases when it does occur, to take swift and decisive action to stop it.