HC Deb 19 September 2002 vol 390 cc126-8W
Mr. Wray

To ask the Secretary of State for Education and Skills if she will make a statement on the work of the Children and Young People's Unit; and what work it has done since November 2001 relating to combating child abuse. [72912]

Mr. Denham

The Children and Young People's Unit works to ensure the coherence of Government policies that affect all children and young people who are under 19, and particularly those who are most vulnerable. In November 2001, it launched a consultation exercise to develop an over-arching strategy for all policies and services for children and young people in England. The framework for the strategy includes looking to secure the objective that children should live in a safe and secure community, where they are protected from abuse. The Unit is now considering the responses to the consultation in preparing a final strategy for publication later this year.

In its work within Government, the Unit works closely with the Department of Health and other Departments on matters relating to child abuse.

Mr. Hunter

To ask the Secretary of State for Education and Skills if she will take measures to oblige school governing bodies to give children who are the victims of alleged grossly inappropriately sexual behaviour and indecent assault and their parents the opportunity to give their account of such incidents. [73492]

Mr. Stephen Twigg

Schools must have formal procedures for dealing with any complaints about the curriculum and special educational needs, and we recommend as a matter of good practice that governing bodies should also have procedures to ensure that other complaints are dealt with properly.

In dealing with complaints and in making provision for complaints procedures, the governing body should ensure that the person complaining is given fair treatment and in particular, a chance to state their case. Decisions and reasons for them should be given in writing and the person complaining should be informed at the same time of any rights of appeal they have if they wish to take the matter further. We already give guidance to governing bodies and schools about their role in helping to protect children from abuse, and about dealing with allegations of abuse against members of staff. This is contained in Circular 10/95 "Protecting Children from Abuse: The Role of the Education Service"

Mr. Hunter

To ask the Secretary of State for Education and Skills if she will issue guidelines to school governing bodies and local education authorities clarifying at what point grossly inappropriately sexual behaviour becomes indecent assault. [73493]

Mr. Stephen Twigg

A decision as to at what point grossly inappropriately sexual behaviour becomes indecent assault is a matter for the police and the Crown Prosecution Service and not for the education service. Those agencies must decide whether, in any particular case, alleged behaviour is within the scope of the offences as defined in the Sexual Offences Act 1956.

Mr. Hunter

To ask the Secretary of State for Education and Skills if she will instruct school governing bodies to which allegations of grossly inappropriately sexual behaviour or indecent assault have been reported to give due consideration to any ongoing police or Child Protection Unit investigations. [73494]

Mr. Stephen Twigg

My Department's Circular 10/95"Protecting Children from Abuse: The Role of the Education Service" already advises that schools should refer any allegations of abuse to the police or child protection agencies. Schools should liaise with those agencies in accordance with the procedures laid down by their local Area Child Protection Committee (ACPC).

In the case of allegations of abuse against a member of staff, the Circular also advises that a police or social services investigation will take priority over an internal investigation by the school. An internal investigation running alongside a police or child protection agency enquiry is not likely to be good practice and should be held in abeyance pending the outcome of the external investigation. Due consideration can then be given to any allegations and to any disciplinary action by the school or governing body.

Mr. Hunter

To ask the Secretary of State for Education and Skills if she will take measures to ensure that school governors receive instruction on the handling of allegations of grossly inappropriately sexual behaviour and indecent assault. [73495]

Mr. Stephen Twigg

My Department has already issued advice to Local Education Authorities and schools about dealing with allegations of abuse in Circular 10/95."Protecting Children from Abuse: The Role of the Education Service". The Circular advises that schools and colleges should have procedures that are in accordance with the child protection procedures established by the Area Child Protection Committee and, where appropriate, by the local education authority, including procedures to be followed if a member of staff is accused of abuse.

This guidance is under review following the introduction of a new statutory duty regarding child protection in the Education Act 2002. The new duty will require governing bodies of schools or Further Education institutions and LEAs to have arrangements for ensuring that their functions are carried out with a view to safeguarding and promoting the welfare of children and to have regard guidance by the Secretary of State (or the National Assembly for Wales) in making such arrangements. We are planning to consult on this guidance in the autumn, and we hope that all those with an interest, including teachers, governors and LEAs, will contribute to that consultation.

Mr. Hunter

To ask the Secretary of State for Education and Skills if she will amend Circular 10/99 to provide greater protection for child-victims. [73496]

Mr. Stephen Twigg

My Department's guidance about child protection is contained in Circular 10/95"Protecting Children from Abuse: The Role of the Education Service". This is under review and we will be consulting about new guidance in the autumn. We will take full account of any representations we receive about this issue.