Agenda item

Child in Employment and Entertainment Prosecution Policy

(To receive a report from Jill Chandair-Nair, Inclusion and Attendance Manager, which provides an update to the Committee on the work being carried out by the Inclusion and Attendance Team; and the strategies used to enforce the relevant laws around children working and performing)

Minutes:

Consideration was given to a report from Jill Chandar-Nair, Inclusion and Attendance Manager, which provided the Committee with an update on the work being carried out by the Inclusion and Attendance Team; and the strategies used to enforce the relevant laws around children working and performing.

 

Attached at Appendix A to the report was a draft copy of the 'Children in Employment and Entertainment Prosecution Policy – May 2019' for the Committee to consider. 

 

The report highlighted that in 2018/19, the Local Authority had issued 293 permits for children, 346 performance licences, 143 Body of Persons Approvals (involving 6913 children); and 483 Chaperone licences.  A table on page 28 of the report provided comparison information from the last four years for the Committee to consider.

 

The Committee noted that the Inclusion and Attendance Team provided guidance to officers of the County Council, employers, organisations involved in the entertainment i.e. theatres, young people and parents on the enforcement practices of the County Council relating to child employment and children in entertainment legislation.  The Committee noted further that schools were also trained on the policy.

 

It was highlighted that prosecution was only a means to an end; the desired outcome was for being compliant with all legal requirements.  It was highlighted further that when there was failure to comply with legal requirements, it was because of a lack of awareness, a failure to interpret the legislation; or, as the result of a mistake. It was noted that in some cases there was deliberate attempt to exploit, or consciously break the law.  It was noted further that in these cases, the decision to prosecute rested with the authority.    

 

It was reported that the power to licence the employment of children rested with the Executive Director of Children's Services.  It was noted further that it was the Executive Director who could authorise other officers within the Inclusion and Attendance Team and also Trading Standards should joint prosecution take place, to enforce all legislation and by-laws relating to the licencing of child employment.

 

The Committee was invited to comment on the draft policy before the policy was submitted to the Executive Director of Children's Services for a decision.

 

During discussion, the Committee raised the following comments:-

 

·         Confirmation was given that the Inclusion and Attendance Team was proactive in going out and speaking to businesses and organisations to make them aware of the law, but also relied on intelligence coming into the team of potential offences.  Concern was raised that there was a risk that some incidences might be missed as there were not enough officers to look into everything.  However, it was noted that training was provided to schools to raise awareness so that schools could monitor children's attendance and identify early on any potential concerns that children might be working;

·         It was highlighted that the document was not clear on when the Council would prosecute and whether there were certain situations when the Council would not prosecute.  Officers confirmed there was discretion for the Executive Director of Children's Services to decide when to prosecute, and that prosecution would take place when a child was being exploited or was missing from school;

·         The fact that the 1933 legislation did not reflect current circumstances.  Concern was raised that the legislation around children in employment and entertainment was outdated as it did not cover self-employment or internet usage.  It was highlighted that a number of young people used selling websites and/or were social influencers where they would potentially be receiving free gifts to advertise online.  In addition, there was a need to protect young people from adult material on the internet.  It was also agreed that the legislation was outdated by only allowing young people to work for two hours on a Sunday.  Officers advised that they were continually lobbying Government with regard to this matter;

·         Areas of work that were prohibited employment for all children.  Reassurance was given that if children were exposed to adult materials or, in situations that were deemed to be unsuitable for children, the Council had other legislation available for it to use that protected children from exposure; and that joint safeguarding working arrangements were in place to deal with such matters; and

·         Chaperone licence – Confirmation was given that there was an on-line system; and that applicants were encouraged to complete one, well in advance.

 

The Committee extended thanks to the Inclusion and Attendance Manager for the informative report.

 

RESOLVED

 

That the Child in Employment and Entertainment Prosecution Policy presented be received; and that a summary of the comments raised above be passed on to the Executive Director of Children's Services.

Supporting documents:

 

 
 
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