Decision Maker: Alistair Cunningham (Chief Executive Officer - Place), Terence Herbert (Chief Executive)
Decision status: Recommendations Approved
Is Key decision?: No
Is subject to call in?: No
Wiltshire Council to advise that all child
employment arrangements must be temporarily suspended
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 in under background below by Terence
Herbert CEO Wiltshire Council, Alistair Cunningham CEO Wiltshire
Council and the 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 be being exposed to health risks if they continue to
work
• We cannot be confident whether Covid-19 risk assessments
have been completed and that employers are observing social
distancing and providing appropriate protective equipment
• Children may be asked to work outside of the permitted hours
of work
• Children may be working without employment licences being
applied for due to recruitment surge in some business areas
• Children may be employed during school hours due to school
closures
• The work that children are employed to do may be interpreted
by some employers as essential/key work.
• Illegal employment of children will be harder to monitor at
this time
3. I confirm that in making this decision I have considered the
following in line with Wiltshire Council’s
Constitution:
Key decision requirements: Not applicable
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
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 has stated the following (specifically in regard to newspaper
delivery):
“Though we cannot give a definitive interpretation of the
law, we believe that, in the current circumstances, the work may be
outside the scope of the “light work” allowed for 14-15
y-o.
The Children and Young Persons Act 1933 states that young people of
compulsory school age can only do “light work” , which
means “work which, on account of the inherent nature of the
tasks which it involves and the particular conditions under which
they are performed—(a)is not likely to be harmful to the
safety, health or development of children…”
Though social distancing and other measures in the workplace may
reduce the risk to young workers, the nature of the virus and its
transmission probably means that it remains potentially harmful to
young people.
The fact that newspaper distribution is within the scope of
‘key workers’ does not change that. It is a factor in
granting access to school for children of adults in that industry,
but does not change the legislation on the employment of under
16s”
The council’s constitution: yes
This contract is suitable for execution under the e-signature
process: not applicable
Continuing with current arrangements
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: 01/04/2020
Accompanying Documents: