Children's Wellbeing and Schools Bill

Written evidence submitted by Krystena Jenkinson, Child Employment Officer for Dudley MBC and member of the National Network of Children in Employment and Entertainment (NNCEE) (CWSB196)

Written Evidence to Children Wellbeing and School Bill select committee.

1.0 Executive Summary:

· Clarification Needed: Will the new regulations apply to all children, regardless of their education provision?

· Suggestion: Local authorities should conduct an on-site inspection of the employment location to visually assess all areas where the child will be working.

 

· Inclusion: The regulations should specify the offences and penalties for breaching them.

· Employment of Women, Young Persons, and Children Act 1920: There is no mention of the 1920 Act. Will it be considered when specifying prohibited categories of employment in the new regulations?

· Clarification Needed: Will 13-year-olds be permitted to work under the new regulations?

· Local Authorities’ View: Will local authorities be given the opportunity to comment on the types of permitted and prohibited work?

· Specific Employment Clarification: Further details are needed for specific types of employment.

· Street Trading: Will street trading be included in the new child employment regulations?

 

2.0 I have been the Child Employment Officer for Dudley Council for over 20 years. Throughout this period, I have faced challenges with child employment legislation, particularly concerning the limited opportunities for young people and the inconsistencies between the Children and Young Persons Act 1933 and the Education Act 1996. I am therefore pleased that the government is considering the removal of local byelaws while maintaining the issuing of work permits by local authorities and empowering the Secretary of State to regulate child employment in England. The new regulations will improve working hours, enhance employment opportunities, and ensure consistency across local authorities. Additionally, I urge the government to provide updated guidance, as the last one was issued in 2009.

3.0 Will the new regulations apply to all children, regardless of their education provision?

The Children’s Wellbeing and Schools Bill (CWSB) states that all children employed in England must have a permit issued by a local authority, applicable to those of compulsory school age as defined in Section 8 of the Education Act 1996. Section 558 of the same Act clarifies the meaning of "child" for purposes of enactments relating to employment of children or young person’s applies to E+Wany person not over compulsory school age. However, Section 559 lists specific types of schools (community, foundation, voluntary, or special), suggesting the Act may not cover children in other types of schools, such as academies or home-educated children. Clarity is needed on whether Sections 8 and 558 of the 1996 Act override the criteria in Section 559.

3.1 Local authorities approving employment locations

Before issuing a performance licence, local authorities must approve any place where a child will perform, rehearse, or participate in any activity. To ensure a safe working environment for children. I propose that regulations require local authorities to inspect and approve the place of employment before issuing a permit. This will serve as an additional safeguard measure before the permit is granted.

 

I understand that the NNCEE has presented their evidence to the committee and recommended safeguarding checks for employers. It appears they are suggesting the introduction of DBS checks for employers. If this is their proposal, I am concerned that mandating DBS checks for employers could restrict job opportunities for children. Many businesses might find the cost of a DBS check unaffordable and, as a result, choose not to hire young people.

I believe the sensible option is for local authorities to have a code of practice in place. This is an agreement between the employer and the local authority, including the safeguarding of the child while at work. Dudley MBC has had a code of practice in place for many years.

3.2 Offences and Penalties for Breaching Regulations

 

The proposed regulations do not specify the offences and penalties for employers and parents who breach them. Local authorities require transparent guidance on this matter. Although these issues are not addressed in the byelaws, I would like to highlight my concerns about inconsistencies with Section 559 of The Education Act 1996 (see point 3.0). It is essential that the regulations explicitly state the offences and penalties for any breaches by parents and employers.

This issue arose when I served a notice to a parent whose home-educated children were working illegally. The parent contested that Section 559 did not cover home-educated children, leading to the revocation of the notices based on legal guidance. Local authorities need statutory regulations or legislation that is transparent and can be shared when challenged.

3.3 Will the Employment of Women, Young Persons, and Children Act 1920 be considered in specifying prohibited categories of employment in the new regulation?

The new regulations state that that where new and unsuitable employments emerge, we will be able to restrict children from doing them or allow employment of currently restricted jobs if new practices mean they are now suitable for children.

Will the prohibition on industrial undertakings remain when the new regulations are in place? If yes, what will happen with the 1920 Act? If the relevant sections of that Act remain in force, the prohibition on children working in "industrial undertakings" (as broadly defined in the 1920 Act) will continue, potentially undermining the new Bill’s aim to "give children the ability to benefit from additional employment opportunities by removing outdated restrictions."

For example, current byelaws prohibit children from working in any industrial undertaking or factory, including offices that are separate from the factory.

3.4 Clarification needed on whether 13-year-olds will be permitted to work under the new regulations.

 

Currently, most local authority bylaws in England allow 13-year-olds to work. Additionally, the rest of the UK also permits 13-year-olds to work.

The new regulations state The Secretary of State may by regulations authorise the employment of children aged 13 to do specified descriptions of light work in England.

What does "may" mean in this context? Will 13-year-olds be permitted to work?

3.5 Consultation with Local Authorities on Permitted and Prohibited Work

Local authorities should have the discretion to make professional judgments on employment types not explicitly listed as permitted or prohibited. Over the years, numerous queries have arisen about jobs that do not clearly fall into these categories, leading to confusion.

Currently, byelaws prohibit children from working in cinemas, theatres, discotheques, dance halls, or nightclubs, except for performances by children. Some aspects of this prohibition create issues, particularly in theatres. Some children wish to work backstage, but employment law prevents this. Even if this restriction is removed and such work is added to the permitted list, children would still only be able to work until 8 PM. This presents a grey area, as we cannot issue a performance licence for what is considered employment. Is there a solution to this?

3.6 Specific Employment Clarification required:

 

· Football Match Ball Assistants: Is a work permit required, or does this role fall under performance licence legislation and qualify as a sporting activity?

· Social Influencers/Content Creators: Children involved in self-generated content or content created by their parents.

· Self-Employed Young People: Young individuals advertising their skills (e.g., tutoring, gardening, babysitting) on apps. Currently not regulated.

3. 7 Street Trading

Street trading is in most local authority byelaws; however, it is not mentioned in the CWSB. Will street trading be included in the new child employment regulations?

4th February 2025