Asked by: James McMurdock (Independent - South Basildon and East Thurrock)
Question to the Department for Education:
To ask the Secretary of State for Education, whether the Government will make an assessment of the potential merits of pausing the implementation of the new Clause 4 of the Children’s Wellbeing and Schools Bill until comprehensive public consultation and impact assessments have been completed.
Answered by Josh MacAlister - Parliamentary Under-Secretary (Department for Education)
An assessment of the potential impact on parental rights and informed consent is included in the Bill ECHR impact assessment, available here: https://bills.parliament.uk/publications/59867/documents/6253. Conditions for processing are a matter for local data controllers now, and that will remain the case under this new duty.
To clarify, clause 4 introduces an information sharing duty and makes provision for a consistent identifier to be used across organisations that have safeguarding and welfare functions to support record linkage. Its use has therefore been limited to safeguarding and welfare. Safeguards have been built into this provision, and data protection principles still apply meaning information may only be shared where it is necessary and proportionate. In addition, both measures are clear that any benefits of sharing must outweigh any potential detriment to the child.
As required under Article 36(4) of the UK General Data Protection Regulations, the department has formally consulted the Information Commissioner’s Office. A Data Protection Impact Assessment (DPIA) is not required by the department for the information sharing duty element of clause 4 because personal data will be processed locally. For the consistent identifier element of clause 4, it is currently the position that the department will not be a processor of personal data, so a DPIA is not required as it stands. We will keep this position under review and, should it ever be the case that the department will process personal data as part of either element of clause 4, we would conduct and publish a DPIA.
During the passage of the Bill, the department has committed to undertake public consultation, including with parents, and will comply with requirements for impact assessments.
Clause 4 will be commenced at a later date, rather than immediately upon Royal Assent, to allow for consultation on statutory guidance, further consideration of impact, as well as ongoing piloting and technical design of the consistent identifier. The department will only proceed when we are confident in the benefits, cost, security, and governance.
Asked by: James McMurdock (Independent - South Basildon and East Thurrock)
Question to the Department for Education:
To ask the Secretary of State for Education, whether her Department has (a) conducted or (b) plans to conduct a risk assessment on the implications of the new Clause 4 of the Children’s Wellbeing and Schools Bill for data security and the protection of sensitive family information.
Answered by Josh MacAlister - Parliamentary Under-Secretary (Department for Education)
An assessment of the potential impact on parental rights and informed consent is included in the Bill ECHR impact assessment, available here: https://bills.parliament.uk/publications/59867/documents/6253. Conditions for processing are a matter for local data controllers now, and that will remain the case under this new duty.
To clarify, clause 4 introduces an information sharing duty and makes provision for a consistent identifier to be used across organisations that have safeguarding and welfare functions to support record linkage. Its use has therefore been limited to safeguarding and welfare. Safeguards have been built into this provision, and data protection principles still apply meaning information may only be shared where it is necessary and proportionate. In addition, both measures are clear that any benefits of sharing must outweigh any potential detriment to the child.
As required under Article 36(4) of the UK General Data Protection Regulations, the department has formally consulted the Information Commissioner’s Office. A Data Protection Impact Assessment (DPIA) is not required by the department for the information sharing duty element of clause 4 because personal data will be processed locally. For the consistent identifier element of clause 4, it is currently the position that the department will not be a processor of personal data, so a DPIA is not required as it stands. We will keep this position under review and, should it ever be the case that the department will process personal data as part of either element of clause 4, we would conduct and publish a DPIA.
During the passage of the Bill, the department has committed to undertake public consultation, including with parents, and will comply with requirements for impact assessments.
Clause 4 will be commenced at a later date, rather than immediately upon Royal Assent, to allow for consultation on statutory guidance, further consideration of impact, as well as ongoing piloting and technical design of the consistent identifier. The department will only proceed when we are confident in the benefits, cost, security, and governance.
Asked by: James McMurdock (Independent - South Basildon and East Thurrock)
Question to the Department for Education:
To ask the Secretary of State for Education, whether her Department plans to undertake a consultation with parents, schools, and child protection experts on the new Clause 4 of the Children’s Wellbeing and Schools Bill.
Answered by Josh MacAlister - Parliamentary Under-Secretary (Department for Education)
An assessment of the potential impact on parental rights and informed consent is included in the Bill ECHR impact assessment, available here: https://bills.parliament.uk/publications/59867/documents/6253. Conditions for processing are a matter for local data controllers now, and that will remain the case under this new duty.
To clarify, clause 4 introduces an information sharing duty and makes provision for a consistent identifier to be used across organisations that have safeguarding and welfare functions to support record linkage. Its use has therefore been limited to safeguarding and welfare. Safeguards have been built into this provision, and data protection principles still apply meaning information may only be shared where it is necessary and proportionate. In addition, both measures are clear that any benefits of sharing must outweigh any potential detriment to the child.
As required under Article 36(4) of the UK General Data Protection Regulations, the department has formally consulted the Information Commissioner’s Office. A Data Protection Impact Assessment (DPIA) is not required by the department for the information sharing duty element of clause 4 because personal data will be processed locally. For the consistent identifier element of clause 4, it is currently the position that the department will not be a processor of personal data, so a DPIA is not required as it stands. We will keep this position under review and, should it ever be the case that the department will process personal data as part of either element of clause 4, we would conduct and publish a DPIA.
During the passage of the Bill, the department has committed to undertake public consultation, including with parents, and will comply with requirements for impact assessments.
Clause 4 will be commenced at a later date, rather than immediately upon Royal Assent, to allow for consultation on statutory guidance, further consideration of impact, as well as ongoing piloting and technical design of the consistent identifier. The department will only proceed when we are confident in the benefits, cost, security, and governance.
Asked by: James McMurdock (Independent - South Basildon and East Thurrock)
Question to the Department for Education:
To ask the Secretary of State for Education, whether her Department plans to introduce safeguards to help ensure that the digital identity system introduced under Clause 4 of the Children’s Wellbeing and Schools Bill protects children’s privacy and data protection rights.
Answered by Josh MacAlister - Parliamentary Under-Secretary (Department for Education)
An assessment of the potential impact on parental rights and informed consent is included in the Bill ECHR impact assessment, available here: https://bills.parliament.uk/publications/59867/documents/6253. Conditions for processing are a matter for local data controllers now, and that will remain the case under this new duty.
To clarify, clause 4 introduces an information sharing duty and makes provision for a consistent identifier to be used across organisations that have safeguarding and welfare functions to support record linkage. Its use has therefore been limited to safeguarding and welfare. Safeguards have been built into this provision, and data protection principles still apply meaning information may only be shared where it is necessary and proportionate. In addition, both measures are clear that any benefits of sharing must outweigh any potential detriment to the child.
As required under Article 36(4) of the UK General Data Protection Regulations, the department has formally consulted the Information Commissioner’s Office. A Data Protection Impact Assessment (DPIA) is not required by the department for the information sharing duty element of clause 4 because personal data will be processed locally. For the consistent identifier element of clause 4, it is currently the position that the department will not be a processor of personal data, so a DPIA is not required as it stands. We will keep this position under review and, should it ever be the case that the department will process personal data as part of either element of clause 4, we would conduct and publish a DPIA.
During the passage of the Bill, the department has committed to undertake public consultation, including with parents, and will comply with requirements for impact assessments.
Clause 4 will be commenced at a later date, rather than immediately upon Royal Assent, to allow for consultation on statutory guidance, further consideration of impact, as well as ongoing piloting and technical design of the consistent identifier. The department will only proceed when we are confident in the benefits, cost, security, and governance.
Asked by: James McMurdock (Independent - South Basildon and East Thurrock)
Question to the Department for Education:
To ask the Secretary of State for Education, what assessment has her Department made of the potential impact of Clause 4 of the Children’s Wellbeing and Schools Bill on parental rights and the principle of informed consent.
Answered by Josh MacAlister - Parliamentary Under-Secretary (Department for Education)
An assessment of the potential impact on parental rights and informed consent is included in the Bill ECHR impact assessment, available here: https://bills.parliament.uk/publications/59867/documents/6253. Conditions for processing are a matter for local data controllers now, and that will remain the case under this new duty.
To clarify, clause 4 introduces an information sharing duty and makes provision for a consistent identifier to be used across organisations that have safeguarding and welfare functions to support record linkage. Its use has therefore been limited to safeguarding and welfare. Safeguards have been built into this provision, and data protection principles still apply meaning information may only be shared where it is necessary and proportionate. In addition, both measures are clear that any benefits of sharing must outweigh any potential detriment to the child.
As required under Article 36(4) of the UK General Data Protection Regulations, the department has formally consulted the Information Commissioner’s Office. A Data Protection Impact Assessment (DPIA) is not required by the department for the information sharing duty element of clause 4 because personal data will be processed locally. For the consistent identifier element of clause 4, it is currently the position that the department will not be a processor of personal data, so a DPIA is not required as it stands. We will keep this position under review and, should it ever be the case that the department will process personal data as part of either element of clause 4, we would conduct and publish a DPIA.
During the passage of the Bill, the department has committed to undertake public consultation, including with parents, and will comply with requirements for impact assessments.
Clause 4 will be commenced at a later date, rather than immediately upon Royal Assent, to allow for consultation on statutory guidance, further consideration of impact, as well as ongoing piloting and technical design of the consistent identifier. The department will only proceed when we are confident in the benefits, cost, security, and governance.
Asked by: Nick Timothy (Conservative - West Suffolk)
Question to the Department for Education:
To ask the Secretary of State for Education, how many school places would be created at the 44 free school applications that have been placed on hold since 22 October 2024, broken down by each individual project.
Answered by Josh MacAlister - Parliamentary Under-Secretary (Department for Education)
The department is reviewing 44 projects as part of the mainstream free school pipeline review, to ensure they continue to meet localised need for places, consider whether they provide a unique educational offer and are not to the detriment of the other schools locally. These projects would provide approximately 30,000 additional places at capacity.
The National Audit Office set out in 2017 that planned free schools would lead to an estimated 57,500 spare places, and that there is a cost both to the taxpayer and to other local schools via impact on pupil numbers at existing schools.
Since the review was launched, the department has paused development of the sites. Any funding has been in line with managing public money. The department will publicly communicate the outcomes of the review as soon as possible.
We have engaged with trusts, local authorities and other stakeholders in relation to individual projects in scope of the review, including reviewing the evidence they have provided.
As would be expected from a review of this scale, there have been a significant number of meetings, including meetings between ministers and MPs, where local MPs have requested them.
Asked by: Nick Timothy (Conservative - West Suffolk)
Question to the Department for Education:
To ask the Secretary of State for Education, what representations she has received from (a) headteachers, (b) applicant groups and (c) local authorities on the 44 free school applications that have been placed on hold since 22 October 2024.
Answered by Josh MacAlister - Parliamentary Under-Secretary (Department for Education)
The department is reviewing 44 projects as part of the mainstream free school pipeline review, to ensure they continue to meet localised need for places, consider whether they provide a unique educational offer and are not to the detriment of the other schools locally. These projects would provide approximately 30,000 additional places at capacity.
The National Audit Office set out in 2017 that planned free schools would lead to an estimated 57,500 spare places, and that there is a cost both to the taxpayer and to other local schools via impact on pupil numbers at existing schools.
Since the review was launched, the department has paused development of the sites. Any funding has been in line with managing public money. The department will publicly communicate the outcomes of the review as soon as possible.
We have engaged with trusts, local authorities and other stakeholders in relation to individual projects in scope of the review, including reviewing the evidence they have provided.
As would be expected from a review of this scale, there have been a significant number of meetings, including meetings between ministers and MPs, where local MPs have requested them.
Asked by: Nick Timothy (Conservative - West Suffolk)
Question to the Department for Education:
To ask the Secretary of State for Education, if she will publish a list of meetings (a) ministers, and (b) officials have had since 22 October 2024 regarding the 44 free school applications that have been placed on hold.
Answered by Josh MacAlister - Parliamentary Under-Secretary (Department for Education)
The department is reviewing 44 projects as part of the mainstream free school pipeline review, to ensure they continue to meet localised need for places, consider whether they provide a unique educational offer and are not to the detriment of the other schools locally. These projects would provide approximately 30,000 additional places at capacity.
The National Audit Office set out in 2017 that planned free schools would lead to an estimated 57,500 spare places, and that there is a cost both to the taxpayer and to other local schools via impact on pupil numbers at existing schools.
Since the review was launched, the department has paused development of the sites. Any funding has been in line with managing public money. The department will publicly communicate the outcomes of the review as soon as possible.
We have engaged with trusts, local authorities and other stakeholders in relation to individual projects in scope of the review, including reviewing the evidence they have provided.
As would be expected from a review of this scale, there have been a significant number of meetings, including meetings between ministers and MPs, where local MPs have requested them.
Asked by: Nick Timothy (Conservative - West Suffolk)
Question to the Department for Education:
To ask the Secretary of State for Education, how much funding her Department has given to the 44 free school applications that have been placed on hold since 22 October 2024, broken down by funding stream.
Answered by Josh MacAlister - Parliamentary Under-Secretary (Department for Education)
The department is reviewing 44 projects as part of the mainstream free school pipeline review, to ensure they continue to meet localised need for places, consider whether they provide a unique educational offer and are not to the detriment of the other schools locally. These projects would provide approximately 30,000 additional places at capacity.
The National Audit Office set out in 2017 that planned free schools would lead to an estimated 57,500 spare places, and that there is a cost both to the taxpayer and to other local schools via impact on pupil numbers at existing schools.
Since the review was launched, the department has paused development of the sites. Any funding has been in line with managing public money. The department will publicly communicate the outcomes of the review as soon as possible.
We have engaged with trusts, local authorities and other stakeholders in relation to individual projects in scope of the review, including reviewing the evidence they have provided.
As would be expected from a review of this scale, there have been a significant number of meetings, including meetings between ministers and MPs, where local MPs have requested them.
Asked by: Nick Timothy (Conservative - West Suffolk)
Question to the Department for Education:
To ask the Secretary of State for Education, when she plans to make a decision on the future of the 44 free school applications that have been placed on hold since 22 October 2024.
Answered by Josh MacAlister - Parliamentary Under-Secretary (Department for Education)
The department is reviewing 44 projects as part of the mainstream free school pipeline review, to ensure they continue to meet localised need for places, consider whether they provide a unique educational offer and are not to the detriment of the other schools locally. These projects would provide approximately 30,000 additional places at capacity.
The National Audit Office set out in 2017 that planned free schools would lead to an estimated 57,500 spare places, and that there is a cost both to the taxpayer and to other local schools via impact on pupil numbers at existing schools.
Since the review was launched, the department has paused development of the sites. Any funding has been in line with managing public money. The department will publicly communicate the outcomes of the review as soon as possible.
We have engaged with trusts, local authorities and other stakeholders in relation to individual projects in scope of the review, including reviewing the evidence they have provided.
As would be expected from a review of this scale, there have been a significant number of meetings, including meetings between ministers and MPs, where local MPs have requested them.