Commentary on provisions of Act Section 1: Welfare of children: 16 to 19 Academies and further education
Section 1 of the Act inserts new section 175(3A) into section 175 of the 2002 Act. Section 175(3A) extends the safeguarding duties to 16-19 Academies. The proprietor of the Academy must ensure that they have appropriate arrangements in place to safeguard and promote the welfare of children receiving education or training at the Academy. A proprietor is the Academy Trust that is responsible for the running of the Academy. Section 175(4) (as amended) requires the proprietor to take into account any guidance issued by the Secretary of State.
	Section 1 also brings providers who receive funding from the Secretary of State for the provision of further education within scope of the safeguarding duties. This covers SPIs as well as ILPs providing further education. The providers have been identified as either those that enter into agreements with the Secretary of State for the provision of further education (new section 175(3B)(a)), or those that are provided with financial assistance for the provision of further education by the Secretary of State (new section 175(3B)(b)).
	Subsection (3B) does not restrict the Secretary of State's power to enter into an agreement with, or give financial assistance to, an institution to which subsections (3) or (3A) apply. Subsections (3) and (3A) make respective provision themselves for the institutions to which they apply to make arrangements to ensure that functions relating to the conduct of the institution are exercised with a view to safeguarding and promoting the welfare of children receiving education or training at the institution. This, in effect, prevents duplication of the duties that apply to those institutions.
	The Secretary of State is obliged to ensure that the terms of the agreement with the proprietor of the institution, or the terms of the financial assistance provided, require the proprietor to comply with the safeguarding duties. The proprietor will be those that are responsible for the management of that institution. The proprietor must make arrangements to ensure that its functions relating to the conduct of the institution are exercised with a view to safeguarding and promoting the welfare of children, having regard to any guidance issued by the Secretary of State. This includes, for example, ensuring they have appropriate recruitment, security and reporting policies and procedures in place to support the safety and wellbeing of children receiving education and training.