A campaign to tighten up standards around use of Section 19 permits by schools wishing to operate minibuses was debated in Parliament on 12 February.
Labour MP Sarah Edwards secured the Parliament debate to raise awareness around Section 19 exemptions and the safety of pupils on school trips.
Two of Ms Edwards’ constituents in Tamworth, Liz and Steve Fitzgerald, are long-term campaigners after their daughter, Claire, was one of 12 children and a teacher who died in the school minibus in the M40 crash in 1993.
Section 19 permits allow organisations operating on a “not-for-profit” basis, including schools, to apply to provide transport without a PSV O-Licence.
Ms Edwards noted during the debate that those doing so have to adhere to government guidance but added that it was “not strong enough to guarantee children’s safety”.
Citing the campaign she supports alongside Mr and Mrs Fitzgerald and the teachers’ union NASUWT, she pointed out the difference in standards between state and independent schools, the latter needing an O-Licence as a for-profit organisation.
She says: “Section 19 permits for schools should be replaced with statutory regulations, moving from guidance-based advice to enforceable legal standards, and aligning all school minibus operations with road safety priorities rather than simply community exemptions.”
She also called for the Department for Education (DfE) to be required to maintain a record of all minibuses that schools use and operate.
She adds: “The professionalisation of school minibus driving must be mandated. All drivers should hold a passenger carrying vehicle licence or D1 qualification in order to operate a school minibus. Every school fleet should be overseen by a transport manager, and drivers must undergo checks on eyesight, health and driving records.”
Ms Edwards notes her disappointment that the issue was not referred to in the government’s Road Safety Strategy, which was published in January.
She further says: “Teacher wellbeing and safety must be protected. Driving duties should not fall to teachers after a full working day. Minibus driving should be recognised as a specialised responsibility in schools, not an informal task. We also believe that transport safety should be included in Ofsted inspections, and the long-term impact of accidents on both pupils and staff, including mental health and trauma, must be taken seriously.”
Lilian Greenwood, Parliamentary Under-Secretary of State in the Department for Transport (DfT), in her response, noted the improvements in minibus safety legislation since the M40 tragedy, including seatbelt mandates.
She adds: “The permit system was designed because we recognise the value of those activities, and that small, non-profit-making organisations do not always have the capacity of larger, commercial ones…
“Even though permits are not a full operator licence, holding them comes with important responsibilities and obligations. Operating and driving minibuses is never to be taken lightly.”
She also noted the guidance provided by DfE for drivers and organisations given Section 19 and Section 22 permits.
Ms Greenwood says: “Notwithstanding everything that is currently done to support permit users, my hon. Friend raised important and well-expressed challenges, and they warrant further thought…
“I know that my hon. Friend recently met the Minister for School Standards, and I can commit that Ministers in both Departments (DfE and DfT) will meet to discuss the subject further. I welcome my hon. Friend’s suggestions, and I am sure that they will form the basis of part of that meeting.”
