Children's Wellbeing and Schools Bill

Written evidence submitted by Sherpas (Startup Sherpas Education Limited) to The Children’s Wellbeing and Schools Bill Committee (CWSB246). 

Children’s Wellbeing and Schools Bill – Clause 20
1. Summary: Sherpas provides virtual paid work experience programmes for young people aged 13-18. Over the years, we have encountered significant barriers caused by outdated and inconsistent child employment legislation. These challenges not only hinder our ability to provide inclusive opportunities but also place undue burdens on local councils and businesses. This submission focuses on Clause 20 of the Children’s Wellbeing and Schools Bill and proposes practical changes to simplify processes while ensuring the safety and development of young people.

1.1. Key recommendations include:

1.1.1. Establishing a clear definition of "work" to differentiate between traditional employment and structured, voluntary learning experiences.

1.1.2. Implementing a standardised, fully digital system (both data required and process for submitting) for child work permits that works across all councils.

1.1.3. Increasing flexibility in permitted working hours for children, especially based on the context of virtual work experiences.

2. Introduction: Sherpas operates to bridge the gap between education and employment by offering teens engaging, flexible, and paid work experience opportunities. Participants are free to choose how much time they invest in these programmes, and they work remotely in the safety of their homes. Despite these safeguards, our model faces the same legislative requirements as traditional forms of child employment. This creates logistical and operational challenges, limiting access to opportunities for young people and adding unnecessary strain on local councils.

3. In 2024, Sherpas submitted over 200 child work permit applications to a few individual councils at one time, where they typically process fewer than 20 applications annually. This disparity has caused significant administrative bottlenecks, underscoring the need for reform.

4. Key Challenges and Recommendations

4.1. Clarifying the Definition of "Work" The existing framework does not distinguish between structured, voluntary learning programmes and traditional employment. Sherpas operates more like a youth development programme or extracurricular activity than conventional work. Participants have complete autonomy to engage as they choose, and there is no obligation to complete tasks. However, current child employment laws apply rigid restrictions that fail to recognise the modern, flexible, and digital nature of these opportunities.

The root cause of this issue is outdated legislation. The current child employment framework, largely based on the Children and Young Persons Act 1933, was designed for traditional, in-person workplaces and does not reflect modern virtual work experiences. As a result, structured, flexible programmes like Sherpas - where participation is voluntary and educational - fall under employment laws that do not align with their purpose.

Recommendation: Amend legislation to clearly define "work" and create exemptions for structured digital learning experiences like Sherpas. This would remove unnecessary barriers while maintaining safeguarding protections for young people.

4.2. Streamlining the Work Permit Process Currently, the child work permit process varies by local council, creating inconsistencies, delays, and administrative bottlenecks. Some councils process only a handful of permits per year, while others - like those dealing with Sherpas - are suddenly required to manage hundreds .

This lack of a standardised, digital system:

1. Delays opportunities for young people due to bureaucratic hurdles.
2. Creates data security risks, with personal information (like passports) often sent via unsecure email attachments.
3. Increases compliance risks for businesses, making it harder to engage young workers legally.

Recommendation: Introduce a Centralised Digital Work Permit System

A nationally recognised, fully digital work permit system should replace the fragmented local council processes. This central database, managed through a government portal (like GOV.UK ), would:

1. Reduce administrative burdens on councils and businesses.
2. Ensure consistency and transparency in how work permits are granted.
3. Improve data security by removing reliance on email-based submissions.
4. Make applications faster and more accessible for young people.

Precedent: A similar approach is already used for DBS (Disclosure and Barring Service) checks and student loan applications, both of which require ID verification but operate securely and at scale.

4.3. Addressing ID Barriers Many councils require passports or birth certificates as part of the work permit process. However, not all young people possess passports, particularly those from low-income or marginalised backgrounds. This exclusionary practice undermines equality and access.

Recommendation: We recommend the introduction of a digital 'Young Person’s Work Pass', linked to GOV.UK Verify or a school-issued ID, which would provide a secure and standardised method for verifying age and work eligibility

4.4. Modernising Working Hours Restrictions Existing regulations on when children can work are overly restrictive, particularly for remote programmes like Sherpas. For instance, strict limits on weekday hours do not account for the flexibility offered by remote and independent work.

Recommendation: Update regulations to reflect modern working patterns, particularly for remote roles where safety and flexibility are inherently built into the programme.

4.5. Reducing Administrative Burdens Sherpas’ high volume of applications has caused frustration among councils unprepared for such demand. Councils have openly admitted that they are accustomed to processing only a few applications per year, yet they must now handle hundreds. This inefficiency discourages businesses from engaging with young workers and may inadvertently lead to non-compliance with legislation.

Recommendation: To ensure consistent, legally compliant processing of child work permits, the government should:

1. Amend existing child employment legislation to establish a centralised, legally recognised digital permit system, reducing reliance on individual councils.
2. Standardise permit criteria and processing requirements, ensuring all young people have equal access to work opportunities regardless of location.
3. Provide statutory guidance to councils, defining their role in permit approvals under a unified digital system, freeing up local resources while maintaining compliance and safeguarding.

5. Conclusion: Sherpas strongly supports efforts to modernise child employment legislation and welcomes Clause 20 in the Children’s Wellbeing and Schools Bill. However, current regulations do not reflect the realities of modern work, particularly flexible, digital-first opportunities that provide safe, structured, and meaningful experiences for young people.

6. By clarifying the definition of "work", standardising a digital permit system, and aligning legislation with the way young people engage in work today, the government can reduce administrative burdens, enhance safeguarding, and expand access to vital early work experiences. Without these changes, we risk excluding thousands of young people from life-changing opportunities - particularly those from underrepresented backgrounds.

7. Now is the time to create a system that works for young people, employers, and councils alike. By implementing the practical, technology-driven reforms outlined in this submission, policymakers can ensure every young person has access to safe, fair, and future-ready employment opportunities.

February 2025.