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by Munro Research

Schools and Educational Settings (Essential Infrastructure and Opening During Emergencies) Bill


Official Summary

A Bill to make provision for educational settings including early years, schools, colleges and universities to be classified as essential infrastructure and remain open to all students during public health and other national emergencies; and for connected purposes.

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Overview

This bill designates educational institutions in England and Wales as essential infrastructure, mandating their continued operation during national emergencies, including public health crises. Exceptions are allowed under specific emergency procedures involving parliamentary oversight and consultation with the Children's Commissioner.

Description

This bill legally classifies various educational settings as essential infrastructure. These include schools, 16-19 academies, further education institutions, post-16 education/training providers (excluding employer-provided training), and higher education providers.

Duty to Remain Open

The bill places a duty on relevant public authorities (the Secretary of State, local authorities, and the institutions themselves) to keep these institutions open for normal student attendance. This duty overrides existing emergency powers in legislation like the Civil Contingencies Act 2004 and the Public Health (Control of Disease) Act 1984, except under specific emergency procedures. "Ordinary attendance" is defined as in-person attendance during regular teaching hours with staff present.

Emergency Closure Procedures

Emergency closures are permitted only under strict conditions. For emergencies not immediately threatening life, specific conditions must be met. For life-threatening emergencies, the Secretary of State can temporarily close institutions (up to five days) but must justify this decision to Parliament. Parliamentary approval through a motion is needed for both situations and for any extension beyond five days, along with consultation with the Children's Commissioner and their advice being presented to Parliament.

Government Spending

The bill doesn't directly specify additional government spending. However, ensuring the continued operation of educational institutions during emergencies may involve increased costs related to safety measures, staffing, or support for institutions facing challenges. The exact financial implications remain unclear.

Groups Affected

  • Students: The bill aims to ensure their continued access to education during emergencies. However, this may impact their safety in extreme situations.
  • Educational Institutions: They face a legal obligation to remain open during emergencies, potentially requiring significant logistical and safety adjustments and placing extra pressure on resources.
  • Teachers and Support Staff: They may face increased risks and workload in ensuring continued operation during emergencies.
  • Parents: They could face challenges in getting children to school during emergencies
  • Government: May face increased costs ensuring schools remain open during an emergency and must oversee the emergency closure procedure.
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