Councils call for tougher powers after report reveals ‘major safeguarding concerns’ in out-of-school settings

A report commissioned by the Department for Education has uncovered ‘major safeguarding concerns’ in out of school settings (OOSS), prompting calls from councils for increased powers for regulation.

Out of school settings include uniformed organisations, sports and leisure clubs, supplementary schools, faith-based organisations and arts clubs.

The Government funded a pilot in 16 council areas over an 18-month period into the oversight of OOSS, examining safeguarding risks and existing legal powers available to councils.

The aims of the pilot were to:

• support the local authorities to test approaches to map, identify, and intervene in OOSS of concern
• improve understanding of safeguarding risks and, where these were identified, test intervention approaches in OOSS
• consider how existing legal powers could be best utilised and identify any gaps in the current legislative framework.

The pilot identified multiple safeguarding risks, including physical chastisement / corporal punishment, grooming  /sexual abuse / child exploitation and extremism / radicalisation.

The Local Government Association said the findings of the report reinforced “long-standing calls for councils to be given greater oversight of such settings and powers to intervene and act where necessary” - including being able to shut down illegal schools.

The LGA has previously raised concerns over illegal schools and have called for councils to be given powers to shut these down. Where councils have raised this problem previously, they have been told to use fire, planning and health and safety powers, an arrangement which the LGA claimed was “wholly unsatisfactory.”

The report revealed that local authority staff who participated in the pilot suggested the Department for Education needs to consider making local authorities “more accountable for the safety of OOSS”, putting in place similar safeguarding frameworks to those that exist across the childcare sector.

The report’s proposed recommendations would require:

• considering greater capacity and funding to support and oversee these settings
• exploring mandatory guidance on safeguarding standards expected of OOSS
• proposing legal compulsion for OOSS to notify local authorities about their provision and allow access to settings, so that local authorities can ensure adherence to basic safety standards and close down settings who are unable or unwilling to address concerns
• considering other agencies having the commitment and resource to support the addressing of issues in OOSS
• the possibility of establishing a registration and regulation system for those wishing to operate OOSS in order to keep children safe.

Currently OOSS are not required to notify councils about their provision and allow access to their settings, while many parents also assume they are regulated in a similar way to schools or childcare providers.

The report found there was significant potential for safeguarding harm in OOSS, as unlike other educational settings and childcare services, the sector is unregulated under education and childcare law.

It found current legal powers to act are also not widely understood, making it difficult for councils to intervene.

Cllr Louise Gittins, Chair of the LGA’s Children and Young People Board, said: “Most out-of-school settings will provide safe, positive and enjoyable environments for children, and have a key role to play in furthering their learning and development.

“However, parents and carers sending their children to an OOSS will rightly expect that they are subject to the appropriate regulation, as seen in schools or childcare providers."

She added: “Current laws make it difficult for councils to act and at present OOSS are flying under the radar without being required to comply with any safeguarding checks.

“The fact an independent report commissioned by the Government has presented these findings is yet further evidence of why it is essential that councils are given oversight of such settings, requiring them to register and work with the local authority, while also ensuring the Department for Education gives councils the powers and resources they need to intervene where necessary.”

Lottie Winson