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Children’s Wellbeing and Schools Bill

Moved by

Lord Young of Acton

502M: After Clause 62, insert the following new Clause—

“Duty to keep schools open for in person attendance

(1) So far as reasonably possible, public authorities must ensure that, during the period of any civil emergency, schools are kept open for in person attendance by children and young people.

(2) The Secretary of State must, by regulations, make provision about how public authorities should discharge the duty under subsection (1), including provision specifying—

(a) steps that a public authority may or must take to comply with the duty, and

(b) actions that a public authority is prohibited from taking.

(3) Regulations made under subsection (2) must be made by statutory instrument.

(4) A statutory instrument containing regulations under subsection (2) may not be made unless a draft has been laid before, and approved by a resolution of, each House of Parliament.

(5) A power to make regulations under this section includes the power to make—

(a) consequential, incidental, supplementary, transitional or saving provision;

(b) different provision for different purposes.

(6) A public authority must not, in response to a civil emergency, take or facilitate any action (including making regulations, issuing directions, issuing orders, giving guidance, or making recommendations) that—

(a) results in, or encourages, the closure of schools, or

(b) otherwise prevents or restricts lawful attendance at such institutions or premises by children and young people,

unless the requirements of subsection (7) are met.

(7) Before taking any action of the kind described in subsection (6), the public authority must first, unless the urgency of the civil emergency precludes this—

(a) request the advice of the Children’s Commissioner on the likely impact of such action on the children and young people who will be affected by the action,

(b) provide the Children’s Commissioner with full and complete information about the nature of and reasons for the proposed action, and

(c) have due regard to the Children’s Commissioner’s advice in determining whether to proceed with the action.

(8) If any action of the kind described in subsection (6) is taken prior to seeking the advice of the Children’s Commissioner due to urgency—

(a) as soon as reasonably practicable and in any event within 7 days of taking the action, the public authority must provide the Children’s Commissioner with full and complete information about the nature of and reasons for that action;

(b) the Children’s Commissioner must then promptly, and in any event within 14 days of the action having been taken, provide the public authority with its advice in relation to the impact of that action on children and young people;

(c) the public authority, having due regard to the Commissioner’s advice, shall determine whether the action continues to be justified or whether it should be revoked.

(9) If action of the kind described in subsection (6) continues beyond 14 days, and in relation to each such period of 14 days thereafter, the Secretary of State must—

(a) lay before Parliament a copy of the Children’s Commissioner’s advice, and

(b) seek approval from the House of Commons for the continuation of the action.

(10) If the House of Commons does not approve continuation under subsection (9)(b) within 14 days of the advice of the Children’s Commissioner being laid before Parliament under subsection 9(a), the relevant action automatically lapses, and any measures (including regulations, directions, orders, guidance, or recommendations made in support of or continuance of the relevant action) become legally void.

(11) Where under any of the above provisions the advice of the Children’s Commissioner is sought, the Children’s Commissioner shall set out in writing his or her advice on the following matters—

(a) the foreseeable impacts of any closures of schools on the affected children and young people,

(b) any reasonable actions that could be taken to mitigate those impacts,

(c) whether the anticipated benefits for those children of the closures identified by the public authority appear to him or her to outweigh the foreseeable impacts of closures for those children, and

(d) any other matters which appear to him or her to be relevant.

(12) The Children’s Commissioner is entitled to require the public authority or the Secretary of State to provide such further information, assistance, and resources as he or she considers necessary in order to set out his or her advice on a particular action and the public authority or the Secretary of State, as the case may be, shall provide such information, assistance or resources as soon as reasonably practicable.

(13) For the purposes of this section—

“children” means persons under the age of 18;

“civil emergency” shall include any emergency situation which could constitute an emergency for the purposes of section 1 of the Civil Contingencies Act 2004 or which has otherwise been identified as a risk in the UK’s National Security Risk Assessment. For the avoidance of doubt an emergency need not be the subject of measures taken under the Civil Contingencies Act 2004 to be a civil emergency for the purposes of this Act.

“closure” in relation to schools, means any action to discourage, restrict or prevent in person attendance at those institutions or premises by children and young people who would ordinarily be entitled to attend, or any sub-group or class of such children or young people;

“open for in person attendance” in relation to schools, means being open for the attendance by all of the children who would ordinarily, and but for the occurrence of a civil emergency, be entitled to attend those institutions or premises, during their normal hours of operation;

“open for in person attendance” does not include the provision of online learning or other remote learning services nor the keeping of such institutions or premises open for physical attendance only for a sub-group or class of those children or young people who would ordinarily be entitled to attend;

“public authority” has the same meaning as in section 6 of the Human Rights Act 1998” save that a court or tribunal is not included for these purposes.”

Member's explanatory statement

The purpose of the amendment is to enact a statutory duty to keep schools open for in person attendance in future public health and other civil emergencies, unless Parliament expressly approves, and continues every two weeks to approve, any closures.