Children, Schools and Families Bill

This has been a full and substantive debate, covering a wide range of issues. On the spirit of the debate, may I say that the contributions of all speakers have been thorough, measured and important? Over the past year there have been times when I have regretted the partisan and political tone that has crept into the issue of safeguarding, but it has not done so today, so I shall respond fully to all the points that have been made. If this is what the Public Bill Committee was like, it must have been most enjoyable to be a member. The Schools Minister has told me many times that he would have liked to have spent more days in Committee, but, sadly, that opportunity has passed him by. I shall try to respond as quickly as I can, because we want to discuss family courts and transparency and, in the time that is available, we hope to address important issues, such as home education, too. With your permission, Madam Deputy Speaker, let me briefly address the issue of smacking and new clause 10 before moving on to the safeguarding issues that have been raised today. The hon. Member for East Worthing and Shoreham (Tim Loughton) said that debates about a children's Bill are almost always hijacked. Until about 40 minutes ago, we thought that we had avoided that fate, but no: there has been a hijacking by the hon. Member for Stone (Mr. Cash), although it felt like he was hijacking his Front Benchers, rather than ours. I am happy to give the hon. Member for East Worthing and Shoreham the opportunity to clarify that Conservative Front Benchers do not propose to repeal the Education Act 1996 and re-introduce corporal punishment in schools. To be honest, I do not need to ask, because no one takes that position. However, in response to the hon. Member for Stone, I shall clarify the situation and then respond to the hon. Member for Mid-Dorset and North Poole (Annette Brooke) and my hon. Friend the Member for Keighley (Mrs. Cryer). The position in law is that a teacher in a maintained school can use reasonable force to protect their own safety or that of a child or young person in order to separate a fight. There is no prohibition on the use of force in those particular and prescribed circumstances, but the 1996 Act is clear that the use of force for punishment in full-time maintained schools and full-time independent schools is prohibited in law. Soon, part-time independent schools will be covered, too. It is illegal to use force for punishment, as opposed to protection. Under the 2004 Act and section 58, in particular, it is allowable, as the hon. Member for Stone said it has been for many decades, for a parent or someone in loco parentis to use the reasonable punishment defence for the use of force, but not for causing harm such as actual or grievous bodily harm. The provision in section 58 applies only to common assault. As I said to my hon. Friend, it became clear when the issue was raised some weeks ago that there is a grey area within the definition of in loco parentis. Some individuals can be described as acting in loco parentis, and they could therefore use reasonable punishment outside of a full-time maintained school—where they cannot use that defence. To us, such individuals might look more like teachers than parents. An example would be the madrassah teacher, the Sunday school teacher or the sports club coach, and the question arises: can they use the reasonable punishment defence as a reason to strike a child legally?