- Calendar
- Committees
- Constitution
- Co-opted members
- Council and democracy
- Councillors, committees and meetings
- Councillors, gifts and hospitalities
- Decisions by cabinet members
- Forthcoming Decisions
- Forward plans
- Keep informed
- Petitions
- Town and parish council information
- Town and Parish council resources
- Officer decisions
- Outside bodies
- Your MPs
Contact details
Write to us or call us
Democratic ServicesWiltshire Council
County Hall
Trowbridge
Wiltshire
BA14 8JN
Decision details
Approval for management of child employment arrangements during COVID-19
Decision Maker: Kathryn Davis (Director - Education & Skills)
Decision status: Recommendations Approved
Is Key decision?: No
Is subject to call in?: No
Decision:
Wiltshire Council has reviewed the statement
from the DfE relating to child employment during COVID-19;
businesses can now apply for dispensation to allow children to
continue working provided they meet clear criteria to ensure the
child’s well-being is safeguarded and the child is able to
work in safe conditions.
Reasons for the decision:
This decision would in other circumstances be
taken by Cabinet. However, in circumstances where the Cabinet is
unable to meet to expedite its functions in a timely manner during
the COVID-19 pandemic, this decision is being taken in accordance
with the power referred to under background below by the Director
of Education and Skills in consultation with the CEOs and Statutory
Officers. This decision will be reported to the next meeting of the
Cabinet.
Children who have an employment licence issued by the Local
Authority may continue to work where the employer applies for
dispensation and can provide adequate health and safety
reassurances:
• Covid-19 risk assessment is completed by the employer and
submitted to the local authority
• Parental declaration regarding the health of the child and
vulnerability status of members of their household is
submitted
• Employers have shared a code of conduct document with their
child employee detailing the expectations of behaviours and
precautions that employees should take when working. The document
will be signed by the employer, employee and parent.
• Education Welfare Service are satisfied that the employer
can meet all aspects of risk assessment
• No child may work until employers have bee advised by the
local authority that dispensation has been applied.
I confirm that in making this decision I have considered the
following in line with Wiltshire Council’s
Constitution:
Key decision requirements: yes
Views of relevant cabinet member(s), committee chairman, area
board(s): yes
Consideration of the area boards and delegated decision checklist
for officers on the issue of when and how to involve local
councillors and area boards in decisions about local services: not
applicable
Implication of any council policy, initiative, strategy or
procedure:
Yes
Legal recommendation is for a policy recognising the government
declaration in respect of the threat posed by Covid-19, reflecting
the reasons for acting to protect children; and setting out that
from a given date ), during Covid-19, the continuation of all
existing child employment permits and the issue of any new child
employment employments permits will be suspended, save that
businesses may apply for dispensation, then setting out
non-exclusive example criteria for grant of dispensation. The local
authority would then be taking a proportionate response, deciding
on a case by case basis, by reference to employer and the
individual child, with safeguarding of a child’s wellbeing as
the priority, whether proposed arrangements are such that the child
is able to work in safe conditions. Requirements could include that
a business should identify:
• the work to be undertaken by employed children – days
and hours, how etc
• the necessity of employing children to carry out the role
(why it could not be undertaken in any other way e.g. by the
business owner/s undertaking the work)
• other options for providing the service
• risk assessment to be provided specific to Covid-19,
including: travel to and during work, those to whom the children
may be exposed, likelihood of being exposed to anyone with Covid-19
or to vulnerable people, how risks will be reduced throughout all
aspects of the role (social distancing and PPE), checks that
employed child is not a medically vulnerable person themselves
(this could be by way of medical examination/certificate from GP -
for which there is provision in the Byelaws), or lives with a
vulnerable person, so that working would pose a higher risk
etc.
Specific parental consent (with medical information about the child
and those at home who be vulnerable) should be obtained.
This legal advice is reflected in the scheme design as set out
above.
Consultation in accordance with requirements and expectations of
consultation with the public: Not applicable
Range of options available: yes
Staffing, financial and legal implications: yes
Risk assessment: yes
Involvement of statutory officers and/or directors: yes
Regional or national guidance from other bodies: Yes
DfE (14.4.20) has stated the following:
The distribution of newspapers is a key activity during the current
pandemic. Distributors are concerned that their ability to ensure
that papers are delivered is jeopardised by some local authorities
that are refusing all applications for employment permits for young
people of compulsory school age, and/or withdrawing existing
permits.
It is for authorities to decide on individual cases, and
safeguarding children’s wellbeing is rightly their priority.
They should, however, also take account of employers’
measures to safeguard young workers and whether these are enough to
address any safeguarding concerns and decide case-by-case rather
than impose a blanket ban. We hope that authorities and
distributors can find ways for young workers to work in safe
conditions.
The council’s constitution: yes
This contract is suitable for execution under the e-signature
process: yes
Alternative options considered:
Continuing with current arrangements –
this was ruled out in light of the latest government
guidance.
Conflict of Interest: Not applicable
Background: Pursuant to paragraph 4 of Part 3 Section D, the Directors of Wiltshire Council are empowered to take all necessary decisions in cases of emergency. This decision is being taken by Helean Hughes using these powers in circumstances where the Director concerned believes that there is a risk of damage to property, a threat to the health or wellbeing of an individual and/or that the interests of the Council may be compromised if this decision is not otherwise taken. .
Contact: Helean Hughes, Director - Education and Skills Email: helean.hughes@wiltshire.gov.uk Tel: 01225 718695.
Publication date: 02/06/2020
Date of decision: 20/04/2020
Accompanying Documents: