Protection of Freedoms Bill

My Lords, I have two amendments in this group, Amendments 63 and 66. Amendment 63 would provide a level playing field between schools and colleges in relation to the information that they receive to help them with safe recruitment. The effect of the Bill as it stands is that colleges will no longer be able to access barring information about any newly appointed non-teaching staff, whereas schools will still continue to be able to receive this information. All children should be given the same protection under the law wherever they study, and therefore all educational institutions should have identical access to criminal records and barring information. The current proposal places further education colleges on the same basis as leisure centres or places of worship, which children attend only occasionally, rather than in the same category as schools, which, like colleges, children attend on a daily basis and where they meet the same staff, both teaching and non-teaching, day in and day out. This is not a minor matter affecting small numbers of young people. There are nearly 900,000 16 to 18 year-olds studying in colleges, about double the number of the same group attending sixth-forms. This number will rise when the participation age goes up to 17 and then to 18. There are also 63,000 14 to 16 year-olds who spend at least one day per week in a college, and that number is likely to increase following implementation of the recommendations of Professor Alison Wolf. Colleges are clear that they want the ability to check that the staff they employ do not pose a risk to their students aged under 18. All staff in educational establishments are seen by children as trusted adults. Colleges want to maintain a safe recruitment procedure. The key to this is to ensure that they are able to make informed decisions regarding the suitability of applicants by continuing to receive barring information in addition to the criminal record check. This amendment would remove the anomalous differences between schools and colleges in respect of young people of exactly the same age group. It surely must not be the Government’s intention that a 14 year-old should have the full protection of the vetting and barring system from Monday to Thursday when she is at school and not have such protection on Friday when she goes to college. The idea for Amendment 66, which is in my name, came to me during a meeting with my noble friend the Minister and my honourable friend Lynne Featherstone, the Minister at the Home Office, for which I am grateful. I am also grateful to the Public Bill Office for assisting me with the wording of the amendment. Lynne Featherstone made it clear that she wants organisations that use volunteers to work with young people to take responsibility for their recruiting practices and not rely entirely on CRB checks. I quite agree, but that is exactly what the sports organisations that were at the meeting do all the time. Indeed, their presence at the meeting was a clear indication of their conscientious care for the safeguarding of the young people engaging in their sport. They conduct their own risk assessments every day on everyone who comes into contact with the children taking part. However, these organisations, as we have heard, are very concerned about the wholesale removal of many potential volunteers from the scope of regulated activity. They and I are concerned about what is called secondary access. We recognise that much of the abuse does not take place during the activity itself but elsewhere or on another occasion when the abuser takes advantage of the relationship of trust that he has been able to build up with the child during the activity, even where it has been closely supervised. They and I are also very doubtful as to whether any official guidance, however carefully crafted, can adequately identify the level of day-to-day supervision necessary to ensure protection and roles in which the adult cannot build up this relationship of trust. These organisations are also concerned that although a registered body can ask for an enhanced CRB check on someone in an unregulated role, they cannot get information on whether that person is barred or not. A person can be barred on the basis of important and significant information other than by involvement with the police. Unless the information is known to the police, the organisation taking them on as a volunteer cannot get hold of it and may unwittingly take on someone who is barred and absolutely unsuitable in an unregulated role. I think I have the solution to this problem. The people best placed to specify which roles within their organisations would give an adult the opportunity to build up that relationship of trust are the management of the organisations themselves. That is what my amendment says. It perhaps picks up the concerns expressed by the noble Lord, Lord Bichard, about the difficulty of specifying the level of supervision required. These organisations understand the situation on the ground much better than any civil servant sitting in the department writing guidance. This amendment does exactly what the Government have said they want organisations to do. This is what it says in document on frequently asked questions that was recently circulated by the Minister: "““The purpose of the change to the scope of regulated activity is two-fold. Firstly, it is to provide greater flexibility to employers and to organisations in using volunteers and staff who are supervised by not requiring them to carry out the checks that apply to regulated activity, but for such employers to have some flexibility in determining the level of vetting that they decide is appropriate in relation to any work. Secondly, it is to place the responsibility for safeguarding children sensibly with those who are directly responsible for the provision of services to children and to encourage them to have in place proper supervision and other safeguards””." With that in mind, and bearing in mind similar statements made by the Minister in another place, I am very optimistic that my noble friend the Minister will accept my amendment, since this responsibility, which the Government require in the hands of the registered bodies, should be placed in the Bill.