Clause 5

Part of Education Bill – in a Public Bill Committee at 10:15 am on 17 March 2011.

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Photo of Nick Gibb Nick Gibb Minister of State (Education) 10:15, 17 March 2011

In a moment. I just want to finish the point about what safeguards are already in place. In addition to the safeguards that I have highlighted, such as public bodies and schools acting reasonably and the specific safeguards under the 2006 Act, governing bodies will continue to have a statutory duty under the Education Act 2002 to make arrangements to ensure that their functions are carried out with a view to safeguarding and promoting the welfare of pupils under the age of 18 at school. For example, they must consider safeguarding issues when drawing up a statement of general principles to which the head teacher is to have regard when determining the school’s behaviour policy. That would include issues arising outside school hours.

The hon. Lady’s accusation was that the clause puts at risk the safety and well-being of pupils. However, it does not, because current law does not permit schools to put children at such risk. That is what I demonstrated by citing the 2002 and 2006 Acts and general principles of common law.