Children’s Wellbeing and Schools Bill 2024-26 Amendments

Bill Content
List of Amendments

Proposed New Clauses

Page 1

Part 1

Children’s social care

Family group decision-making

Family group decision-making

After section 31 of the Children Act 1989 (care and supervision orders) insert—

“31ZA

Family group decision-making

(1)

Before a local authority in England makes an application for an order

under this Part in relation to a child, the authority must offer a family

group decision-making meeting to the child’s parents or any other

person with parental responsibility for the child.

(2)

If the offer is accepted by at least one person to whom it is made, the

local authority must arrange for the meeting to be held before the

authority makes the application.

(3)

The duty under subsection (1) or (2) does not apply where the local

authority considers that it would not be in the best interests of the

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child for a family group decision-making meeting to be offered or (as

the case may be) to be held.

(4)

A “family group decision-making meeting” is a meeting held for the

purpose of enabling the child’s family network—

(a)

to discuss the welfare needs of the child, and

(b)

to make a proposal in response to concerns about the child’s

welfare.

(5)

A “family network”, in relation to a child, consists of such persons

with an interest in the child’s welfare as the authority considers

appropriate to attend the meeting having regard to the child’s best

interests, and such persons may (in particular) include—

(a)

the child’s parents or any other person with parental

responsibility for the child, and

(b)

relatives, friends or other persons connected with the child.

(6)

The local authority must include the offer under subsection (1) in the

letter before proceedings sent in relation to the child.

(7)

A “letter before proceedings” is the letter sent by the local authority

to the child’s parents or any other person with parental responsibility

for the child, before the local authority make an application for an

order under this Part in relation to the child.

(8)

Where the local authority considers it appropriate, the child in relation

to whom the family group decision-making meeting is held may attend

the meeting.

(9)

In exercising functions under this section in relation to a child, the

local authority must seek the views of the child unless it considers

that it would not be appropriate to do so.”

Child protection and safeguarding

Inclusion of childcare and education agencies in safeguarding arrangements

(1)

Section 16E of the Children Act 2004 (local arrangements for safeguarding

and promoting welfare of children) is amended as follows.

(2)

In subsection (1) —

(a)

omit the “and” after paragraph (a) ;

(b)

after that paragraph insert—

“(aa)

those relevant agencies which are designated childcare

or education agencies, and”;

(c)

for paragraph (b) substitute—

“(b)

any other relevant agencies that the safeguarding

partners consider appropriate,”.

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(3)

In subsection (2) , after “partners” insert “and the relevant agencies mentioned

in subsection (1) (aa) ”.

(4)

After subsection (2) insert—

“(2A)

For the purposes of this section, a relevant agency is a “designated

childcare or education agency” if it—

(a)

has functions relating to the provision of childcare or education

(or both), and

(b)

is designated as such by regulations made by the Secretary of

State.”

(5)

In section 66 (3) of that Act (instruments subject to affirmative procedure), for

“16E(3)” substitute “16E (2A) (b) or (3)”.

Multi-agency child protection teams for local authority areas

(1)

The Children Act 2004 is amended as follows.

(2)

After section 16E insert—

“16EA

Section 16E arrangements: multi-agency child protection teams

(1)

Arrangements made under section 16E by the safeguarding partners

for a local authority area must include the establishment of one or

more multi-agency child protection teams for the area for the purpose

of providing support to the local authority in connection with the

discharge of its duties under section 47 of the Children Act 1989 (duty

to investigate where child at risk of significant harm).

(2)

The support referred to in subsection (1) includes—

(a)

the co-ordination of assistance for the local authority under

section 47 (9) of the Children Act 1989 , and

(b)

support of any other kind prescribed by regulations made by

the Secretary of State.

(3)

A multi-agency child protection team is to consist of—

(a)

at least one of each of the persons mentioned in subsection (4)

, and

(b)

such other persons as the local authority considers appropriate

after consulting the other safeguarding partners.

(4)

The persons referred to in subsection (3) (a) are—

(a)

a person, nominated by the local authority, with experience in

education in relation to children;

(b)

a social worker, nominated by the local authority, with

experience in social work in relation to children;

(c)

a registered health professional, nominated by an integrated

care board for an area any part of which falls within the area

of the local authority, with experience in the provision of

healthcare in relation to children;

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(d)

a police officer nominated by the chief officer of police for a

police area any part of which falls within the area of the local

authority.

(5)

A person may be nominated under a particular paragraph of subsection

(4) only if the person satisfies any requirements prescribed by

regulations made by the Secretary of State for the purposes of that

paragraph.

(6)

The requirements that may be prescribed under subsection (5) include,

in particular, requirements relating to a person’s qualifications or their

experience so far as relating to the safeguarding and promotion of the

welfare of children.

(7)

Before making regulations under subsection (2) (b) or (5) , the Secretary

of State must consult such persons (if any) as the Secretary of State

considers appropriate.

(8)

In this section—

“registered health professional” means a person on the register

of one or more of the following bodies—

(a)

the General Medical Council;

(b)

the Nursing and Midwifery Council;

(c)

the Health and Care Professions Council;

“social worker” means a person registered as a social worker in

the register kept under section 39(1) of the Children and Social

Work Act 2017.

16EB

Multi-agency child protection teams: co-operation

(1)

If the conditions in subsection (2) are met, the safeguarding partners

for a local authority area and a relevant agency must together draw

up a memorandum setting out how the relevant agency will work

with the safeguarding partners to facilitate the operation of MACPT

arrangements.

(2)

The conditions are that—

(a)

the relevant agency is designated for the purposes of this

section by regulations made by the Secretary of State;

(b)

the safeguarding partners have notified the relevant agency

that it is required to work with the safeguarding partners in

drawing up a memorandum under this section.

(3)

Before making regulations under subsection (2) (a) , the Secretary of

State must consult such persons (if any) as the Secretary of State

considers appropriate.

(4)

In this section, “MACPT arrangements” means arrangements made

by the safeguarding partners in accordance with section 16EA (1) for

the establishment of a multi-agency child protection team.”

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(3)

In section 16G (further provision about arrangements)—

(a)

after subsection (4) insert—

“(4A)

Where a memorandum under section 16EB (1) has effect—

(a)

references in subsections (2) and (3) to arrangements

under section 16E include references to the

memorandum, and

(b)

the safeguarding partners and the relevant agency in

question must act in accordance with the

memorandum.”;

(b)

in subsection (6), after “subsection (4)” insert “or (4A) (b) ”;

(c)

after subsection (7) insert—

“(8)

Where a memorandum under section 16EB (1) has effect, a

report under subsection (7) must also include information

about—

(a)

what the safeguarding partners and the relevant agency

in question have done as a result of the memorandum,

and

(b)

how effective the memorandum has been in practice.”

(4)

In section 16J (combining safeguarding partner areas and delegating

functions)—

(a)

in subsections (1) and (2), after “(5)” insert “and (6)(a) and (b)”;

(b)

after subsection (5) insert—

“(6)

Where an agreement under subsection (1) has effect—

(a)

the safeguarding partners for the local authority area

must, in making MACPT arrangements for the area,

ensure that any multi-agency child protection team

established under the arrangements has enough people

to operate effectively having regard to the size of the

area to which the agreement relates and any other

relevant factors,

(b)

section 16EA (3) (a) and (4) (a) and (b) has effect as if—

(i)

the reference to at least one person, nominated

by the local authority, with experience in

education in relation to children, and

(ii)

the reference to at least one social worker,

nominated by the local authority, with

experience in social work in relation to children,

were a reference to at least one such person or social

worker for each of the local authorities which is a

safeguarding partner for the local authority area, and

(c)

each such person or social worker is to act, for the

purposes of the multi-agency child protection team to

which they are nominated, only in relation to the area

of the local authority which nominated them.

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(7)

In this section—

“MACPT arrangements” has the same meaning as in

section 16EB ;

“social worker” has the meaning given by section 16EA (8) .”

(5)

In section 66(3) (instruments subject to affirmative procedure), after “16E(2A)(b)

or (3)” (as inserted by section 2 (5) ) insert “, 16EA (2) (b) or (5) , 16EB (2) (a) ”.

Information sharing and consistent identifiers

After section 16L of the Children Act 2004 (safeguarding partners for local

authority areas) insert—

“Continuity of information for safeguarding and welfare purposes

16LA

Duty to share information

(1)

This section applies where a person to whom subsection (4) applies

(“the relevant person”)—

(a)

holds information about a child or information about another

individual that relates to the child, and

(b)

considers that the information is relevant to safeguarding or

promoting the welfare of the child.

(2)

The relevant person must ensure that the information is disclosed to

another person to whom subsection (4) applies (“the recipient”) if and

only so far as the relevant person considers that the disclosure may

facilitate—

(a)

where the recipient is within subsection (4) (a) or (b) , the

exercise by the recipient of any of its relevant functions, or

(b)

where the recipient is within subsection (4) (c) , the provision

of services by the recipient pursuant to arrangements made by

a person within subsection (4) (a) or (b) in connection with the

exercise of any of that person’s relevant functions.

(3)

But the duty imposed by subsection (2) does not apply if the relevant

person considers that the disclosure would be more detrimental to the

child than not disclosing the information.

(4)

This subsection applies to—

(a)

a person listed in section 11(1) (persons and bodies under a

duty to make arrangements to safeguard and promote welfare),

(b)

a person who is a designated childcare or education agency

for the purposes of section 16E (local arrangements for

safeguarding and promoting welfare of children), and

(c)

a person who provides services pursuant to arrangements made

by a person within paragraph (a) or (b) in connection with the

exercise of any of that person’s relevant functions.

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(5)

The duty imposed by subsection (2) (as qualified by subsection (3)

) also applies where a relevant person receives a request for the

information from another person to whom subsection (4) applies.

(6)

The relevant person must, in discharging any duty imposed on it by

this section, have regard to guidance issued by the Secretary of State.

(7)

A disclosure of information under this section does not breach any

obligation of confidence owed by the person making the disclosure.

(8)

This section does not permit the relevant person to do anything which

is prohibited by Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory

Powers Act 2016.

(9)

This section does not authorise or require the disclosure of information

if the disclosure would contravene the data protection legislation (but

in determining whether a disclosure would do so, take into account

the duties imposed by this section).

(10)

In this section—

“the data protection legislation” has the same meaning as in the

Data Protection Act 2018 (see section 3 of that Act);

“relevant function” means a function relating to safeguarding or

promoting the welfare of children.

16LB

Consistent identifiers for children

(1)

The Secretary of State may by regulations specify a description of

consistent identifier for the purposes of this section.

(2)

“Consistent identifier” means any identifier (such as, for example, a

number or code used for identification purposes) that—

(a)

relates to a child, and

(b)

forms part of a set of similar identifiers that is of general

application.

(3)

Subsection (4) applies if—

(a)

a designated person (see subsection (10) ) processes information

about a child, and

(b)

the child is one to whom a consistent identifier of the

description specified under subsection (1) relates.

(4)

If this subsection applies the designated person must include the

consistent identifier in the information processed (but this is subject

to subsections (5) to (7) ).

(5)

Subsection (4) applies only so far as the designated person considers

that the inclusion of the consistent identifier is likely to facilitate the

exercise by any person of a function of that person that relates to

safeguarding or promoting the welfare of children.

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(6)

Subsection (4) does not apply if the designated person considers that

including the consistent identifier in the information processed would

be more detrimental to the child than not including it.

(7)

The designated person need not comply with subsection (4) if—

(a)

it does not know the consistent identifier, and

(b)

it reasonably considers that finding it out would cause

unreasonable delay to the processing of the information.

(8)

A designated person’s compliance with subsection (4) does not breach

any obligation of confidence owed by the designated person.

(9)

This section does not authorise or require the processing of information

if the processing would contravene the data protection legislation (but

in determining whether the processing would do so, take into account

the duties imposed by this section).

(10)

In this section “designated person” means a person designated for the

purposes of this section in regulations made by the Secretary of State.

(11)

A person may be designated as mentioned in subsection (10) only if

the person is—

(a)

a person listed in section 11(1) (persons and bodies under a

duty to make arrangements to safeguard and promote welfare),

(b)

a person who is a designated childcare or education agency

for the purposes of section 16E (local arrangements for

safeguarding and promoting welfare of children).

(12)

A designated person must, in discharging any duty imposed on it by

this section, have regard to guidance issued by the Secretary of State.

(13)

Where a person (a “service provider”) provides services pursuant to

arrangements made by a designated person in connection with the

exercise of any function of the designated person that relates to

safeguarding or promoting the welfare of children, this section applies

to the service provider as it applies to the designated person.

(14)

The reference in subsection (5) to the inclusion of a consistent identifier

being likely to facilitate the exercise of a function is to it being likely

to facilitate that exercise directly (rather than by means of a trial, study,

audit or any other indirect means).

(15)

In this section—

“processes” , “processed” and “processing” are to be read in

accordance with the meaning of “processing” in Parts 5 to 7 of

the Data Protection Act 2018 (see section 3(4) and (14) of that

Act);

“the data protection legislation” has the same meaning as in the

Data Protection Act 2018 (see section 3 of that Act).”

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Support for children in care, leaving care or in kinship care and carers

Information: children in kinship care and their carers

After section 22G of the Children Act 1989 insert—

“Information: children in kinship care and their carers

22H

Kinship care: information

(1)

A local authority must publish—

(a)

information about the authority’s general approach to

supporting—

(i)

children living in the authority’s area who live in

kinship care, and

(ii)

persons living in the authority’s area who are kinship

carers;

(b)

information about financial support which may be available

to—

(i)

children mentioned in paragraph (a) (i) , or

(ii)

persons mentioned in paragraph (a) (ii) (in their capacity

as kinship carers);

(c)

information about services mentioned in subsection (2) .

(2)

Those services are services available in the authority’s area which may

assist children mentioned in subsection (1) (a) (i) or persons mentioned

in subsection (1) (a) (ii) (in their capacity as kinship carers), including

services relating to—

(a)

health and wellbeing;

(b)

relationships;

(c)

education and training;

(d)

accommodation.

(3)

In subsection (1) (b) , the reference to financial support is to financial

support whether provided by the local authority or by others (including

voluntary organisations).

(4)

In subsection (2) —

(a)

the reference to services available in the authority’s area

includes services provided by the authority and services

provided by others (including voluntary organisations);

(b)

the reference to services relating to relationships includes

services which promote contact between a child and their

parents or relatives.

(5)

Information required to be published by a local authority under this

section is to be known as the local authority’s “kinship local offer”.

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(6)

A local authority must take such steps as are reasonably practicable

to ensure that children and other persons mentioned in subsection

(1) (a) receive the information relevant to them.

(7)

A local authority must review and update its kinship local offer from

time to time, as appropriate.

22I

Section

(1)

For the purposes of section 22H , a child lives in kinship care if—

(a)

the child lives with a relative, friend or other person connected

with the child for all or part of the time, and

(b)

subsection (2) or (3) applies in relation to the child.

(2)

This subsection applies in relation to the child if—

(a)

the child lives with one person mentioned in subsection (1) (a)

for all of the time, or for more time than the child lives with

a parent, and

(b)

the person mentioned in subsection (1) (a) provides all of the

care and support provided for the child, or more of that care

and support than is provided for the child by a parent.

(3)

This subsection applies in relation to the child if—

(a)

the child lives with two or more persons mentioned in

subsection (1) (a) all or most of the time (whether or not the

child lives with those persons at the same time), and

(b)

those persons, taken together, provide all or most of the care

and support provided for the child.

(4)

The reference in subsection (1) (a) to a person connected with the child

does not include a reference to—

(a)

a parent of the child,

(b)

a local authority foster parent of the child who had no

connection with the child prior to the child being placed with

that person, or

(c)

a person caring for the child in a professional capacity.

(5)

Where—

(a)

a child’s parents do not live together, and

(b)

the child lives for part of the time with one parent and part of

the time with the other,

the child is treated for the purposes of subsection (2) (a) as living with

a parent for both of those parts of time taken together.

(6)

In section 22H , “kinship carer”, in relation to a child, means a person

mentioned in subsection (1) (a) who provides care and support for the

child in the circumstances described in subsection (2) or (3) .”

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Promoting educational achievement

(1)

Part 3 of the Children Act 1989 (support for children and families provided

by local authorities in England) is amended as follows.

(2)

In the italic heading before section 23ZZA, after “children” insert “and others”.

(3)

After that italic heading insert—

“23ZZZA

Educational achievement of children in need or in kinship care

(1)

A local authority must take such steps as it considers appropriate for

the purpose of promoting the educational achievement of children

within subsection (2) .

(2)

The children within this subsection are—

(a)

children for whom, by virtue of subsection (10)(a) or (b) of

section 17, the authority is providing or has provided services

under that section, and

(b)

children in the authority’s area who live in kinship care (within

the meaning of section 22I (1) ).

(3)

The steps that may be taken under subsection (1) include steps

designed—

(a)

to enable children within subsection (2) to overcome barriers

to their educational achievement;

(b)

to raise awareness of those barriers among, and to provide

support for, persons who work with children within subsection

(2) ;

(c)

to improve educational attendance and engagement of children

within subsection (2) ;

(d)

to promote educational opportunities for children within

subsection (2) .

(4)

Subsection (1) does not require a local authority to take steps in relation

to a particular child.

(5)

A local authority must appoint at least one person for the purpose of

discharging the duty under subsection (1) .

(6)

A person appointed by a local authority under subsection (5) must be

an officer employed by that authority or another local authority.”

(4)

In section 23ZZA (information and advice for promoting educational

achievement), in subsection (6), in the definition of “relevant child”—

(a)

at the end of paragraph (a)(i) insert “or”;

(b)

omit paragraph (a)(ii) (including the “or” at the end of that paragraph);

(c)

omit the “or” at the end of paragraph (a)(iii);

(d)

after paragraph (a) insert—

“(aa)

a child with respect to whom a special guardianship

order is in force,

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(ab)

a child with respect to whom a child arrangements

order is in force, where the order provides that the child

is to live with a person who is a kinship carer (within

the meaning given by section 22I (6) ) in relation to the

child, or”.

Provision of advice and other support

After section 23CZA of the Children Act 1989 insert—

“23CZAA

England: provision of staying close support

(1)

A local authority in England has the duties provided for in this section

towards a person—

(a)

who is a former relevant child within the meaning of section

23C,

(b)

to whom the authority has or had duties under that section,

and

(c)

who is under the age of 25.

(2)

The authority must assess whether the provision of staying close

support to the person is required in the interests of that person’s

welfare.

(3)

If following that assessment the authority determines that staying close

support is so required, the authority must provide staying close

support to the person of whatever kind the authority considers

appropriate having regard to the extent to which that person’s welfare

requires it.

(4)

“Staying close support” is support provided to a former relevant child

for the purpose of helping them—

(a)

to find and keep suitable accommodation, and

(b)

to access services relating to—

(i)

health and wellbeing;

(ii)

relationships;

(iii)

education and training;

(iv)

employment;

(v)

participation in society.

(5)

The support referred to in subsection (4) means support in the form

of—

(a)

the giving of advice or information to a former relevant child,

and

(b)

the making of representations on behalf of a former relevant

child for the purpose mentioned in subsection (4) .

(6)

The duties imposed on local authorities by this section are in addition

to the other duties imposed on them by this Part.”

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Local offer for care leavers

(1)

Section 2 of the Children and Social Work Act 2017 (local offer for care leavers

in England) is amended as follows.

(2)

In subsection (1), after paragraph (b) insert—

“(c)

the arrangements that the local authority has in place for the

purpose of supporting and assisting care leavers in their

transition to adulthood and independent living.”

(3)

After subsection (2) insert—

“(2A)

Information required to be published by a local authority under

subsection (1)(c) includes information about the authority’s

arrangements for—

(a)

enabling it to anticipate the future needs of care leavers in

respect of accommodation and services of a kind mentioned

in subsection (2);

(b)

co-operating with local housing authorities in its area in

assisting former relevant children aged under 25 to find and

keep suitable accommodation;

(c)

providing assistance to find and keep suitable accommodation

to former relevant children aged under 25—

(i)

who are at risk of homelessness, or

(ii)

in the case of former relevant children detained in

prison, a young offender institution or a secure training

centre, on their release from detention;

(d)

assisting former relevant children aged under 25 to access

services of a kind mentioned in subsection (2).

(2B)

Information published for the purposes of subsection (2A)(c)(i) must

include information about the authority’s arrangements for early

intervention to prevent former relevant children aged under 25 from

becoming homeless.”

(4)

In subsection (7)—

(a)

in the definition of “care leavers”, for paragraph (c) substitute—

“(c)

former relevant children aged under 25;”;

(b)

after that definition insert—

““former relevant child” has the meaning given by section 23C(1)

of the Children Act 1989;”.

Care leavers not to be regarded as becoming homeless intentionally

(1)

In section 191 of the Housing Act 1996 (becoming homeless intentionally)—

(a)

after subsection (1) insert—

“(1ZA)

But a person does not become homeless intentionally in a case

described in any of subsections (1A) to (1C).”;

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(b)

in subsection (1A) , for the words before paragraph (a) substitute “The

first case is where—”;

(c)

after subsection (1A) insert—

“(1B)

The second case is where the person is a relevant child within

the meaning given by section 23A (2) of the Children Act 1989 .

(1C)

The third case is where the person is a former relevant child

within the meaning given by section 23C (1) of that Act and

aged under 25.”;

(d)

in subsection (3) , in the words before paragraph (a), after “person”

insert “, other than a person described in subsection (1B) or (1C),”.

(2)

The amendments made by this section do not apply in relation to an

application of a kind mentioned in section 183 (1) of the Housing Act 1996

made before the date on which this section comes into force, except where

the local housing authority deciding the application has not yet decided the

matters set out in section 184 (1) (a) and (b) of that Act .

Accommodation of children

Accommodation of looked after children: regional co-operation arrangements

(1)

The Children Act 1989 is amended as follows.

(2)

After section 22I (inserted by section 5 ) insert—

“Accommodation of looked after children: regional co-operation arrangements

22J

Accommodation of looked after children: regional co-operation

arrangements

(1)

The Secretary of State may give directions requiring two or more local

authorities to make regional co-operation arrangements.

(2)

“Regional co-operation arrangements” means arrangements—

(a)

for the local authorities to carry out their strategic

accommodation functions jointly,

(b)

for the local authorities’ strategic accommodation functions to

be carried out by one of the local authorities on behalf of the

others, or

(c)

for a body corporate to support the local authorities in carrying

out their strategic accommodation functions.

(3)

A local authority’s “strategic accommodation functions” are—

(a)

assessing current and future requirements for the

accommodation of children being looked after by the local

authority,

(b)

developing and publishing strategies for meeting those

requirements,

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(c)

commissioning the provision of accommodation for children

being looked after by the local authority,

(d)

recruiting prospective local authority foster parents and

supporting local authority foster parents,

(e)

developing, or facilitating the development of, new provision

for the accommodation of children being looked after by the

local authority, and

(f)

any other functions relating to a local authority’s duties under

section 22A, 22C or 22G that are specified in regulations made

by the Secretary of State.

(4)

Before making regulations under subsection (3) (f) the Secretary of

State must consult—

(a)

local authorities, and

(b)

such other persons (if any) as the Secretary of State considers

appropriate.

(5)

A direction under subsection (1) may—

(a)

specify which of the three kinds of regional co-operation

arrangements the local authorities must make, or

(b)

specify more than one kind of regional co-operation

arrangement (“the permitted arrangements”) and require the

local authorities to determine which of the permitted

arrangements to make.

(6)

A direction which requires or permits the local authorities to make

regional co-operation arrangements of the kind in subsection (2) (b)

may—

(a)

specify which local authority is to carry out the strategic

accommodation functions, or

(b)

require the local authorities to determine which of them is to

carry out the strategic accommodation functions.

(7)

A direction which requires or permits the local authorities to make

regional co-operation arrangements of the kind in subsection (2) (c)

may—

(a)

specify the kind of body corporate with which the arrangements

may be made;

(b)

require a body corporate to be established for the purposes of

the arrangements.

(8)

If a direction requires a body corporate to be established, it may—

(a)

specify which of the local authorities is to establish the body

corporate, or

(b)

require the local authorities to determine which of them is to

establish it.

(9)

The Secretary of State may give a direction requiring a local authority

to terminate arrangements made in accordance with a direction under

subsection (1) .

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(10)

A direction under this section may make different provision for

different purposes.”

(3)

In section 104 (regulations and orders)—

(a)

in subsection (2), after “(3AB),” insert “ (3AC) ,”;

(b)

in subsection (3A), after “(3AB),” insert “ (3AC) ,”;

(c)

after subsection (3AB) insert—

“(3AC)

Regulations fall within this subsection if they are regulations

made in the exercise of the power conferred by section

22J (3) (f) .”

Use of accommodation for deprivation of liberty

(1)

Section 25 of the Children Act 1989 (use of accommodation for restricting

liberty) is amended as follows.

(2)

In the following places, for “restricting” substitute “depriving children of

their”—

(a)

the heading of the section;

(b)

subsection (1).

(3)

After subsection (1) insert—

“(1A)

Subject to the following provisions of this section, a child who is being

looked after by a local authority in England or Wales may not, whilst

being kept in relevant accommodation in England, be deprived of

their liberty in that accommodation unless it appears—

(a)

that—

(i)

the child has a history of absconding and is likely to

abscond from any other description of accommodation,

and

(ii)

if the child absconds, the child is likely to suffer

significant harm; or

(b)

that if the child is kept in any other description of

accommodation the child is likely to injure themselves or other

persons.

(1B)

References in this section to “relevant accommodation” are references

to accommodation that—

(a)

is provided for the purposes of the care and treatment of

children, and

(b)

is capable of being used (in whole or in part), in connection

with the provision of such care and treatment, for the purpose

of depriving children of their liberty.”

(4)

In subsection (2)—

(a)

in paragraph (a)—

(i)

in sub-paragraph (i) after “Scotland” insert “, or be deprived

of their liberty in relevant accommodation in England,”;

Page 17

(ii)

in sub-paragraph (ii) after “Scotland” insert “or be deprived of

their liberty in relevant accommodation in England”;

(b)

in paragraph (b) after “Scotland” insert “, or to be deprived of their

liberty in relevant accommodation in England,”.

(5)

In subsection (3)—

(a)

after “section” insert “in respect of a child being kept in secure

accommodation”;

(b)

for “a child” substitute “the child”.

(6)

After subsection (5) insert—

“(5ZA)

Subsections (3) to (5) apply in respect of depriving a child of their

liberty in relevant accommodation as they apply in respect of the

keeping of a child in secure accommodation.”

(7)

In subsection (7)—

(a)

in paragraph (c) after “Scotland” insert “or be deprived of their liberty

in relevant accommodation in England”;

(b)

in paragraph (d) after “secure accommodation” insert “or be deprived

of their liberty in relevant accommodation”.

(8)

After subsection (8) insert—

“(8ZA)

For the purposes of this section—

(a)

references in subsection (1) to any other description of

accommodation do not include relevant accommodation;

(b)

references in subsection (1A) to any other description of

accommodation do not include secure accommodation.”

(9)

In section 202(1) of the Children’s Hearings (Scotland) Act 2011 (asp 1)

(interpretation), as amended by section 26 of the Children (Care and Justice)

Scotland Act 2024 (asp 5), in paragraph (b) of the definition of “secure

accommodation”, for “restricting the liberty of children”, in both places where

those words appear, substitute “depriving children of their liberty”.

Regulation of children’s homes, fostering agencies etc

Powers of CIECSS in relation to parent undertakings

(1)

The Care Standards Act 2000 is amended as follows.

(2)

After section 23 insert—

“Powers of CIECSS in relation to parent undertakings (England)

23A

Improvement plan notice

(1)

The CIECSS may serve an improvement plan notice on a parent

undertaking if it has—

(a)

a subsidiary undertaking which meets the requirements of

subsection (2) ;

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(b)

two or more subsidiary undertakings which meet the

requirements of subsection (3) .

(2)

A subsidiary undertaking meets the requirements of this subsection

if—

(a)

the subsidiary undertaking is registered under this Part as

carrying on two or more establishments or agencies for which

the CIECSS is the registration authority, and

(b)

the CIECSS reasonably suspects that there are grounds for

cancelling the subsidiary undertaking’s registration in respect

of two or more of those establishments or agencies.

(3)

A subsidiary undertaking meets the requirements of this subsection

if—

(a)

the subsidiary undertaking is registered under this Part as

carrying on one or more establishments or agencies for which

the CIECSS is the registration authority, and

(b)

the CIECSS reasonably suspects that there are grounds for

cancelling the subsidiary undertaking’s registration in respect

of one or more of those establishments or agencies.

(4)

An “improvement plan notice” is a written notice which—

(a)

identifies each subsidiary undertaking which meets the

requirements of subsection (2) or (3) ,

(b)

identifies in the case of each of those subsidiary undertakings—

(i)

the establishments or agencies in respect of which the

CIECSS reasonably suspects that there are grounds for

cancelling the subsidiary undertaking’s registration, and

(ii)

the issues which have led the CIECSS to have those

reasonable suspicions,

(c)

requires the parent undertaking to prepare and submit to the

CIECSS an improvement plan,

(d)

specifies the period within which the plan must be submitted,

and

(e)

provides information about the possible consequences of not

complying with the notice.

(5)

An “improvement plan” is a plan which—

(a)

sets out the action the parent undertaking is proposing to take

to address the issues identified in the improvement plan notice,

(b)

specifies the date by which the action will be taken, and

(c)

names an individual who meets the requirements of subsection

(6) .

(6)

The requirements are—

(a)

the individual has a significant role in the management of the

parent undertaking, and

(b)

the individual may reasonably be expected to be in a position

to ensure that the parent undertaking complies with the

Page 19

requirement imposed by section 23B (5) (requirement to

implement an improvement plan) .

(7)

The period mentioned in subsection (4) (d) must not be less than the

period of 28 days beginning with the day on which the improvement

plan notice is served on the parent undertaking.

(8)

The CIECSS may withdraw an improvement plan notice by serving

written notice on the parent undertaking.

(9)

Where the CIECSS serves a notice on a parent undertaking under this

section, the CIECSS must also serve a copy of the notice on the

subsidiary undertakings identified in the improvement plan notice.

(10)

In this section and sections 23B to 23D , “parent undertaking” and

“subsidiary undertaking” have the meanings given by section 1162 of

the Companies Act 2006.

23B

Improvement plans

(1)

This section applies where a parent undertaking has submitted an

improvement plan to the CIECSS.

(2)

If the CIECSS is satisfied that—

(a)

the plan meets the requirements in section 23A (5) , and

(b)

the plan will be effective in addressing the issues identified in

the improvement plan notice,

the CIECSS must approve the plan; otherwise the CIECSS must reject

it giving reasons for doing so.

(3)

The CIESS must—

(a)

serve written notice of the decision on the parent undertaking,

and

(b)

serve a copy of that notice on the subsidiary undertakings

identified in the improvement plan notice.

(4)

If the CIECSS rejects the improvement plan, the parent undertaking

is to be taken as having failed to comply with the improvement plan

notice.

(5)

If the CIECSS approves the improvement plan, the parent undertaking

must implement it in full.

(6)

If the CIECSS is satisfied that the improvement plan has been

implemented in full—

(a)

the CIECSS must serve written notice on the parent undertaking

informing it of that fact, and

(b)

the CIECSS must serve a copy of that notice on the subsidiary

undertakings identified in the improvement plan notice.

Page 20

(7)

Subsection (8) applies if the individual named in an improvement plan

which has been approved by the CIECSS no longer meets the

requirements in section 23A (6) .

(8)

The parent undertaking which submitted the plan must—

(a)

modify the plan so as to name an individual who meets those

requirements, and

(b)

serve written notice of the modification on the CIECSS.

(9)

A parent undertaking may otherwise modify an improvement plan

which has been approved by the CIECSS only if the CIECSS agrees

to the modification.

23C

Cancellation of improvement plan

(1)

The CIECSS may serve a written notice (a “cancellation notice”) on a

parent undertaking cancelling an improvement plan which the CIECSS

has approved.

(2)

The cancellation notice must specify the date on which the cancellation

takes effect (which may be a date before the notice is served).

(3)

If a cancellation notice is served on a parent undertaking, the

requirements mentioned in subsection (4) cease to apply to the

undertaking (or are to be treated as having ceased to apply to the

undertaking) from the date specified in the notice.

(4)

The requirements are—

(a)

the requirement imposed by section 23B (5) (requirement to

implement improvement plan);

(b)

the requirement imposed by section 23B (8) (requirement to

modify improvement plan to name another senior manager).

(5)

The CIECSS must serve a copy of the cancellation notice on the

subsidiary undertakings identified in the improvement plan notice.

23D

Appeals relating to decisions under sections

(1)

A parent undertaking may appeal to the Tribunal against a decision

of the CIECSS to—

(a)

serve an improvement plan notice on the parent undertaking,

(b)

reject an improvement plan submitted by the parent

undertaking.

(2)

An appeal under subsection (1) must be brought within the period of

28 days beginning with the decision date.

(3)

The “decision date” means—

Page 21

(a)

if the appeal is against a decision to serve an improvement

plan notice, the day on which the notice is served on the parent

undertaking;

(b)

if the appeal is against a decision to reject an improvement

plan, the day on which notice of that decision is served on the

parent undertaking.

(4)

If an appeal is brought against a decision to serve an improvement

plan notice, the requirement to prepare and submit an improvement

plan is suspended during the period—

(a)

beginning with the decision date, and

(b)

ending with the day on which the appeal is finally determined

or withdrawn.

(5)

But where an improvement plan has been approved under section

23B , such an appeal does not suspend the requirements imposed by—

(a)

section 23B (5) (requirement to implement improvement plan),

(b)

section 23B (8) (requirement to modify improvement plan to

name another senior manager).

(6)

On an appeal against a decision to serve an improvement plan notice,

the Tribunal may—

(a)

confirm the decision, or

(b)

direct that it is to cease to have effect.

(7)

On an appeal against a decision to reject an improvement plan, the

Tribunal may—

(a)

confirm the decision, or

(b)

direct the CIECSS to retake the decision as to whether to

approve or reject the plan.”

(3)

In section 21 (appeals to Tribunal), after subsection (5) insert—

“(5A)

Subsection (1) does not apply to a decision of the CIECSS under—

(a)

section 23A (1) (service of improvement plan notices), or

(b)

section 23B (2) (rejection of improvement plans).”

(4)

In section 22 (regulation of establishments and agencies)—

(a)

after subsection (2) insert—

“(2A)

Regulations made by the Secretary of State under subsection

(2)(a) which make provision as to the persons who are fit to

carry on an establishment or agency for which the CIECSS is

the registration authority may, in particular, make provision

by reference to whether a parent undertaking of such a person

has failed to comply (or is failing to comply) with any

requirement imposed by or under this Part.”;

Page 22

(b)

after subsection (10) insert—

“(10A)

In subsection (2A) , “parent undertaking” has the meaning given

by section 1162 of the Companies Act 2006.”

(5)

In section 37 (service of documents), in subsection (1) omit the words from

“carrying” to “agency”.

Power of CIECSS to impose monetary penalties

(1)

The Care Standards Act 2000 is amended as follows.

(2)

After section 30ZB insert—

“Power of CIECSS to impose monetary penalties

30ZC

Power of CIECSS to impose monetary penalties

(1)

The CIECSS may impose a monetary penalty on a person if the CIECSS

is satisfied on the balance of probabilities that the person has failed

to comply with—

(a)

an improvement plan notice served on the person under section

23A ,

(b)

the requirement imposed by section 23B (5) (implementation of

improvement plans), or

(c)

the requirement imposed by section 23B (8) (modification of

improvement plans to name another senior manager).

(2)

The CIECSS may impose a monetary penalty on a person if—

(a)

the CIECSS is satisfied beyond reasonable doubt that an act or

omission of the person constitutes an offence under this Part,

and

(b)

the act or omission relates to an establishment or agency for

which the CIECSS is the registration authority.

(3)

The CIECSS may not impose a monetary penalty under subsection (2)

if—

(a)

the person has been convicted of an offence under this Part in

respect of the act or omission,

(b)

criminal proceedings for an offence under this Part in respect

of the act or omission have been instituted against the person

and the proceedings have not been concluded, or

(c)

criminal proceedings for an offence under this Part in respect

of the act or omission have been concluded and the person has

not been convicted of the offence.

(4)

If the CIECSS has under subsection (2) imposed a monetary penalty

on a person in respect of an act or omission (and the penalty has not

been cancelled), the person may not be convicted of an offence under

this Part in respect of it.

Page 23

(5)

See Schedule 1A for further provision about monetary penalties under

this section.

(6)

In this section references to an offence under this Part include an

offence under regulations made under this Part.

30ZD

CIECSS monetary penalties: publication of information

(1)

The Secretary of State may by regulations make provision requiring

the CIECSS to publish information about monetary penalties imposed

under section 30ZC , which may include information identifying—

(a)

the persons on whom penalties were imposed,

(b)

the dates they were imposed,

(c)

the grounds for imposing them, and

(d)

their amounts.

(2)

None of the provisions in or made by virtue of this section are to be

read as requiring or authorising the processing of information which

would contravene the data protection legislation (but in determining

whether the processing would do so, take into account the duty

imposed or the power conferred by the provision in question).

(3)

In this section, “the data protection legislation” and “processing” have

the same meaning as in section 3 of the Data Protection Act 2018.”

(3)

In section 14 (1) (grounds for cancelling registration) after paragraph (b) insert—

“(ba)

on the ground that a monetary penalty has been imposed on

the person under section 30ZC ;”.

(4)

In section 21 (appeals to Tribunal) after subsection (6) insert—

“(7)

Subsection (1) does not apply to a decision of the CIECSS—

(a)

to impose a monetary penalty under section 30ZC ;

(b)

as to the amount of such a penalty.”

(5)

In the italic heading before section 30ZA , after “notices” insert “(Wales)”.

(6)

In section 30A (matters of which the CIECSS must notify local authorities)—

(a)

in subsection (2) , after paragraph (b) insert—

“(ba)

has served on P, or a parent undertaking of P, a penalty

notice under paragraph 3 of Schedule 1A (monetary

penalties);”;

(b)

in subsection (7) , after the definition of “electronically” insert—

““parent undertaking” has the same meaning as in section

23A (10) ;”.

Financial oversight

(1)

The Care Standards Act 2000 is amended as follows.

Page 24

(2)

After section 30ZD (inserted by section 13 ) insert—

“Financial regulation (England)

30ZE

Persons who are subject to financial oversight

(1)

A person is subject to financial oversight if the Secretary of State

determines that the person is—

(a)

a relevant provider who meets one or more of the financial

oversight conditions, or

(b)

a member of a relevant provider group which meets one or

more of the financial oversight conditions.

(2)

A “financial oversight condition” is a condition specified in regulations

made by the Secretary of State for the purposes of this section.

(3)

Before making the regulations the Secretary of State must have regard

to the public interest in securing that—

(a)

a relevant provider is subject to financial oversight if the

provider has a position of strategic significance in respect of

the provision of relevant establishments or agencies;

(b)

a member of a relevant provider group is subject to financial

oversight if the group has a position of strategic significance

in that respect.

(4)

The conditions which may be specified in the regulations may, in

particular, relate to—

(a)

the number of relevant establishments or agencies which are

carried on by a relevant provider or a relevant provider group;

(b)

the size of those establishments or agencies;

(c)

the geographical concentration of those establishments or

agencies;

(d)

the share of any market within England for the provision of

relevant establishments or agencies which is held by a relevant

provider or a relevant provider group.

(5)

Where the Secretary of State determines that a person is subject to

financial oversight, the Secretary of State must serve written notice of

the determination on the person.

(6)

The notice may require the person to name an individual who—

(a)

has a significant role in the management of the person, and

(b)

may reasonably be expected to be in a position to ensure that

the person complies with any requirement imposed by or under

section 30ZG , 30ZH or 30ZI .

(7)

In this section and sections 30ZF to 30ZJ —

“relevant establishment or agency” means—

(a)

a children’s home in England, or

Page 25

(b)

a fostering agency in England (or, where the activities

of a fostering agency are carried on from two or more

branches, the branches in England);

“relevant provider” means a person, other than a local authority,

who is registered under this Part as carrying on one or more

relevant establishments or agencies;

“relevant provider group” means—

(a)

a parent undertaking of a relevant provider, and

(b)

its relevant subsidiary undertakings;

“relevant subsidiary undertaking” means—

(a)

a relevant provider, or

(b)

a parent undertaking of a relevant provider;

“parent undertaking” and “subsidiary undertaking” have the

meanings given by section 1162 of the Companies Act 2006 .

30ZF

Financial oversight period

(1)

A person is subject to financial oversight for the financial oversight

period.

(2)

The “financial oversight period” is the period of 12 months beginning

with the day on which the Secretary of State makes a determination

under section 30ZE (1) , but this is subject to subsection (3) .

(3)

If the Secretary of State makes a further determination under section

30ZE (1) before the end of the financial oversight period, that period

is extended until the end of the period of 12 months beginning with

the day on which the further determination is made.

30ZG

Power to require provision of recovery and resolution plan

(1)

The Secretary of State may serve a written notice on a person who is

subject to financial oversight requiring the person to—

(a)

prepare a recovery and resolution plan, and

(b)

submit the plan to the Secretary of State before the end of the

period specified in the notice.

(2)

A recovery and resolution plan is a plan containing information

about—

(a)

the nature and extent of any risk to the financial sustainability

of the person,

(b)

the action the person proposes to take to mitigate or eliminate

those risks,

(c)

any adverse impacts on local authorities, and children looked

after by local authorities, that might result if those risks

materialised, and

(d)

the action the person proposes to take to reduce those adverse

impacts if they arise.

Page 26

(3)

The period mentioned in subsection (1) (b) must not be less than 28

days beginning with the day on which the notice is served on the

person.

(4)

Subsection (5) applies where the person on whom the Secretary of

State serves a notice under subsection (1) is a parent undertaking of

a relevant provider.

(5)

The Secretary of State may also require that the information provided

under subsection (2) (a) is to include information about the nature and

extent of any risks to the financial sustainability of the relevant

subsidiary undertakings of the parent undertaking.

(6)

The Secretary of State may serve written notice on a person who has

submitted a recovery and resolution plan requiring the person to

provide an explanation of any information contained in the plan.

(7)

Subsection (8) applies where—

(a)

a person has submitted a recovery and resolution plan to the

Secretary of State,

(b)

there is a material change to the matters mentioned in

subsection (2) , and

(c)

the person is subject to financial oversight when the change

occurs.

(8)

The person must inform the Secretary of State of the change as soon

as is reasonably practicable.

30ZH

Power to require information

(1)

The Secretary of State may serve a written notice on a person who is

subject to financial oversight requiring the person to provide such

information as the Secretary of State considers it necessary or expedient

to have for the purpose of assessing—

(a)

the nature and extent of any risks to the financial sustainability

of the person;

(b)

the action the person could take to mitigate or eliminate those

risks;

(c)

any adverse impacts on local authorities, and children looked

after by local authorities, that might result if those risks

materialised;

(d)

the action the person could take to reduce those adverse

impacts if they arise.

(2)

Subsection (3) applies where the Secretary of State serves a notice

under subsection (1) on a person who is a parent undertaking of a

relevant provider.

(3)

Where this subsection applies, the power under subsection (1) (a)

includes the power to require information for the purposes of assessing

Page 27

the nature of any risks to the financial sustainability of the relevant

subsidiary undertakings of the person.

(4)

The power under subsection (1) includes the power to require the

provision of—

(a)

an explanation of any information required under that

subsection,

(b)

copies of any documents or records, and

(c)

a legible copy of information recorded otherwise than in legible

form.

(5)

Subsection (6) applies where—

(a)

a person provides information to the Secretary of State under

this section,

(b)

there is a material change to that information, and

(c)

the person is subject to financial oversight when the change

occurs.

(6)

The person must inform the Secretary of State of the change as soon

as is reasonably practicable.

30ZI

Power to arrange for independent business review

(1)

The Secretary of State may arrange for a qualified person to carry out

an independent business review in relation to a person who is subject

to financial oversight (a “reviewed person”) if satisfied that either or

both of the conditions in subsection (2) are met.

(2)

The conditions are—

(a)

there is a significant risk to the financial sustainability of the

reviewed person, or

(b)

where the reviewed person is a parent undertaking of a relevant

provider, there is a significant risk to the financial sustainability

of one or more of their relevant subsidiary undertakings.

(3)

An “independent business review” is a review of—

(a)

the nature and extent of any relevant financial sustainability

risks;

(b)

the action the reviewed person could take to mitigate or

eliminate those risks;

(c)

any adverse impacts on local authorities, and children looked

after by local authorities, that might result if those risks

materialised;

(d)

the action the reviewed person could take to reduce those

adverse impacts if they arise.

(4)

A “relevant financial sustainability risk” means—

(a)

where the Secretary of State is satisfied that the condition in

subsection (2) (a) is met, a risk to the financial sustainability of

the reviewed person;

Page 28

(b)

where the Secretary of State is satisfied that the condition in

subsection (2) (b) is met, a risk to the financial sustainability of

the relevant subsidiary undertakings mentioned in that

subsection.

(5)

A person is “qualified” to carry out an independent business review

if the Secretary of State is satisfied that the person—

(a)

is independent of the reviewed person and the Secretary of

State, and

(b)

has the skills necessary to carry out the review.

(6)

Where the Secretary of State arranges for a qualified person to carry

out an independent business review, the Secretary of State must serve

a written notice on the reviewed person informing the person of that

fact.

(7)

The notice may make provision for the reviewed person to be liable

to the Secretary of State for payment of the qualified person’s

remuneration and expenses relating to the review.

(8)

An amount payable to the Secretary of State under the notice is

recoverable, if a county court so orders, as if it were payable under

an order of that court.

(9)

The reviewed person must give the qualified person all such assistance

as the qualified person may reasonably require to carry out the review.

30ZJ

Duty to issue advance warning notice

(1)

The Secretary of State must serve a written notice (an “advance

warning notice”) on a local authority if the Secretary of State considers

that—

(a)

there is a real possibility that one or more relevant

establishments or agencies will cease to be carried on because

of any risk to the financial sustainability of a person who is

subject to financial oversight, and

(b)

the local authority, or any children looked after by the local

authority, might be adversely affected if that were to happen.

(2)

An advance warning notice must—

(a)

identify the establishments or agencies mentioned in subsection

(1) ;

(b)

inform the local authority that the Secretary of State considers

that there is a real possibility that those establishments or

agencies will cease to be carried on for the reasons mentioned

in that subsection, and

(c)

explain why the Secretary of State considers that the local

authority, or children looked after by the local authority, might

be adversely affected if that were to happen.

Page 29

(3)

Where the Secretary of State serves an advance warning notice under

subsection (1) , the Secretary of State must also—

(a)

serve a copy of the notice on the CIECSS, and

(b)

inform the person who is registered as carrying on the

establishments or agencies identified in the notice that an

advance warning notice has been served in relation to those

establishments or agencies.”

(3)

In section 118 (orders and regulations)—

(a)

after subsection (2) insert—

“(2A)

A statutory instrument containing (alone or with other

provision) regulations to which subsection (2B) applies may

not be made unless a draft of the instrument has been laid

before and approved by a resolution of each House of

Parliament.

(2B)

This subsection applies to regulations under—

(a)

section 30ZE (2) ;”;

(b)

in subsection (3) for “subsection (2)”, in the first place it occurs,

substitute “subsections (2) or (2A) ”.

Power to limit profits of relevant providers

(1)

The Care Standards Act 2000 is amended as follows.

(2)

After section 30ZJ (inserted by section 14 (2) ) insert—

“30ZK

Power to limit profits of relevant providers

(1)

The Secretary of State may by regulations provide that any profit made

by a relevant provider from carrying on relevant establishments or

agencies must not exceed an amount specified in, or determined in

accordance with, the regulations.

(2)

“Relevant provider” means a person, other than a local authority, who

is registered under this Part as carrying on one or more relevant

establishments or agencies.

(3)

“Relevant establishments or agencies” are—

(a)

children’s homes in England, and

(b)

fostering agencies in England (or, where the activities of a

fostering agency are carried on from two or more branches,

the branches in England).

(4)

The regulations may make provision about how the profit made by a

relevant provider from carrying on relevant establishments or agencies

is to be determined.

(5)

The provision that may be made by virtue of subsection (4) includes

provision about making adjustments for disguised profit arrangements.

(6)

Arrangements are “disguised profit arrangements” if—

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(a)

having regard to all the circumstances, it would be reasonable

to conclude that the main purpose, or one of the main purposes,

of the arrangements was to reduce profit, and

(b)

they meet any other conditions specified in the regulations.

(7)

The Secretary of State may make regulations under this section only

if satisfied that it is necessary to do so, having regard to the public

interest in securing that relevant providers are providing placements

on terms which represent value for money.

(8)

Before making regulations under this section the Secretary of State

must have regard to—

(a)

the welfare of children being looked after by local authorities

in England,

(b)

the interests of local authorities in England, and

(c)

the interests of relevant providers (including the opportunity

to make a profit).

(9)

Before making regulations under this section the Secretary of State

must consult—

(a)

local authorities in England,

(b)

any persons appearing to the Secretary of State to represent

the interests of relevant providers, and

(c)

such other persons (if any) as the Secretary of State considers

appropriate.

30ZL

Power to limit profits of relevant providers: supplementary provision

(1)

The Secretary of State may by regulations require relevant providers

to make an annual return to the Secretary of State for the purpose of

determining whether they have complied with any requirement

imposed by regulations under section 30ZK .

(2)

Regulations under this section may make provision—

(a)

about the contents of the return;

(b)

about the period in respect of which, and date by which, it is

to be made.

(3)

Regulations under this section may make provision conferring on the

Secretary of State powers to require the provision of information from

relevant providers in connection with the contents of the return.

(4)

“Relevant provider” has the same meaning as in section 30ZK .”

(3)

In section 25 (power for regulations to create offences), after subsection (2)

insert—

“(2A)

Subsection (1) does not apply to regulations under section 30ZK or

30ZL (power to limit profits).”.

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(4)

In section 118 (orders and regulations), in subsection (2B) (inserted by section

14 (3) ) after paragraph (a) insert—

“(b)

section 30ZK ;”.

Power of Secretary of State to impose monetary penalties

(1)

In the Care Standards Act 2000, after section 30ZL (inserted by section 15

) insert—

“30ZM

Power of Secretary of State to impose monetary penalties

(1)

The Secretary of State may impose a monetary penalty on a person if

the Secretary of State is satisfied on the balance of probabilities that

the person has failed to comply with—

(a)

any requirement imposed by or under section 30ZE , 30ZG ,

30ZH or 30ZI (financial oversight);

(b)

any requirement imposed by or under regulations under section

30ZK or 30ZL (power to limit profits).

(2)

See Schedule 1A for further provision about monetary penalties under

this section.

(3)

The Secretary of State may publish information about monetary

penalties imposed under this section, including information

identifying—

(a)

the persons on whom penalties were imposed,

(b)

the dates they were imposed,

(c)

the grounds for imposing them, and

(d)

their amounts.”

(2)

In section 14 (1) (grounds for cancelling registration) in paragraph (ba) (inserted

by section 13 (3) ) after “ 30ZC ” insert “or 30ZM ”.

Procedure for imposing monetary penalties

(1)

The Care Standards Act 2000 is amended as follows.

(2)

After section 30ZM (inserted by section 16 ) insert—

“Monetary penalties: procedure etc

30ZN

Monetary penalties: procedure etc

Schedule 1A makes provision about—

(a)

monetary penalties imposed by the CIECSS under section 30ZC

, and

(b)

monetary penalties imposed by the Secretary of State under

30ZM .”

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(3)

After Schedule 1 insert—

“Schedule 1A

Section 30ZN

Monetary penalties under Part 2

Interpretation

(1)

In this Schedule “monetary penalty” means—

(a)

a monetary penalty under section 30ZC ;

(b)

a monetary penalty under section 30ZM .

(2)

In this Schedule the “relevant authority” means—

(a)

in relation to a monetary penalty under section 30ZC , the

CIECSS;

(b)

in relation to a monetary penalty under section 30ZM , the

Secretary of State.

Notice of intention to impose monetary penalty

(1)

Before imposing a monetary penalty on a person, the relevant

authority must serve on the person a notice (a “notice of intention”)

stating that the relevant authority proposes to impose the penalty.

(2)

A notice of intention must—

(a)

state the reasons for the proposal to impose a penalty;

(b)

state the amount of the proposed penalty;

(c)

inform the person that the person may, before the end of

the period of 28 days beginning with the day on which the

notice is served on the person, make written representations

to the relevant authority about the proposal.

(3)

If at any time after the notice of intention is served the relevant

authority decides not to impose a monetary penalty on the person,

the relevant authority must serve on the person a notice to that

effect.

(4)

The relevant authority may not decide to impose a monetary penalty

on the person before—

(a)

the relevant authority has considered any written

representations made before the end of the period mentioned

in sub-paragraph (2) (c) ,

(b)

the person has notified the relevant authority in writing that

they do not intend to make representations, or

(c)

the period mentioned in sub-paragraph (2) (c) has ended

without any written representations having been made.

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Imposition of monetary penalty

(1)

If the relevant authority decides to impose a monetary penalty on

the person, the relevant authority must (subject to sub-paragraphs

(2) and (3) ) serve on the person a notice to that effect.

(2)

A notice imposing a penalty under section 30ZC (1) or 30ZM (penalty

for failure to comply with requirements) may not be served—

(a)

more than 6 months after the relevant authority first has

sufficient evidence to be satisfied on the balance of

probabilities that the failure to comply occurred, or

(b)

more than 3 years after the failure to comply occurred,

(whichever is earlier).

(3)

A notice imposing a penalty under section 30ZC (2) (penalty for act

or omission constituting an offence) may not be served after the

end of the period within which proceedings could be brought for

the offence in question (see section 29).

(4)

A notice imposing a penalty (a “penalty notice”) must—

(a)

state the reasons for imposing the penalty;

(b)

state the amount of the penalty;

(c)

state how the penalty may be paid;

(d)

state the period within which the penalty must be paid;

(e)

inform the person of the right to appeal under paragraph 6 ;

(f)

explain the consequences of non-payment.

(5)

The period specified under sub-paragraph (4) (d) must not be less

than 28 days beginning with the day on which the penalty notice

is served on the person.

(6)

The person must pay the penalty before the end of—

(a)

the period specified under sub-paragraph (4) (d) , or

(b)

if an appeal is brought under paragraph 6 , the period of 28

days beginning with the day on which the appeal is

withdrawn or finally determined (if the penalty notice then

has effect).

(7)

Where a penalty notice has been served on a person, the relevant

authority may cancel or vary it by serving on the person a notice

to that effect (but may not vary it so as to increase the amount of

the penalty or reduce the period within which it may be paid).

Amount of monetary penalty

(1)

Subject to sub-paragraphs (2) to (4) , a monetary penalty may be of

any amount.

(2)

The Secretary of State may by regulations set the maximum amount

of a penalty imposed under section 30ZC (1) or 30ZM (penalty for

failure to comply with requirements).

Page 34

(3)

The amount of a penalty imposed by the CIECSS under section

30ZC (2) (penalty for act or omission constituting an offence) may

not exceed the amount of the fine that may be imposed on summary

conviction for the offence in question (where that is not an unlimited

amount).

(4)

In deciding the amount of a monetary penalty, the relevant authority

must consider—

(a)

the nature and seriousness of the failure to comply, or the

act or omission, for which the penalty is to be imposed;

(b)

whether there are any mitigating or aggravating factors;

(c)

whether the person has previously failed to comply with,

or committed offences under, this Part or regulations made

under it;

(d)

the likely impact of the monetary penalty on the person.

Interest and recovery

(1)

This paragraph applies if all or part of a monetary penalty is unpaid

by the time when it is required to be paid.

(2)

The unpaid amount of the penalty for the time being carries interest

at the rate specified in section 17 of the Judgments Act 1838 (and

does not also carry interest as a judgment debt under that section).

(3)

The total amount of interest imposed must not exceed the amount

of the penalty.

(4)

The unpaid amount of the penalty and any unpaid interest may be

recovered by the relevant authority as a debt.

Right of appeal against imposition of monetary penalty

(1)

A person on whom a penalty notice has been served may appeal

to the Tribunal against the decision of the relevant authority—

(a)

to impose the penalty;

(b)

as to the amount of the penalty.

(2)

An appeal under this paragraph may not be brought after the end

of the period of 28 days beginning with the day on which the

penalty notice was served on the person.

(3)

On an appeal under this paragraph the Tribunal may—

(a)

confirm the penalty notice,

(b)

direct that the penalty notice ceases to have effect, or

(c)

in the case of an appeal against the amount of the penalty,

vary the amount.”

(4)

In section 118 (orders and regulations), in subsection (2B) (inserted by section

14 (3) ) after paragraph (b) (inserted by section 15 (4) ) insert—

“(c)

paragraph 4 (2) of Schedule 1A .”

Page 35

Information sharing

(1)

In the Care Standards Act 2000, after section 30ZN (inserted by section 17 (2)

) insert—

“Information sharing

30ZO

Information sharing

(1)

The Secretary of State may require the CIECSS to provide relevant

information to the Secretary of State for use in connection with the

Secretary of State’s functions under this Part.

(2)

The CIECSS may otherwise provide relevant information to the

Secretary of State for use in connection with those functions.

(3)

The Secretary of State may provide relevant information to the CIECSS

for use in connection with the CIECSS’s functions under this Part.

(4)

“Relevant information” means information held by a person in

connection with their functions under this Part.

(5)

The Secretary of State may provide financial oversight information to

the Care Quality Commission for use in connection with the

Commission’s functions under sections 54 to 56 of the Care Act 2014.

(6)

“Financial oversight information” means information held by the

Secretary of State in connection with the Secretary of State’s functions

under sections 30ZE to 30ZJ .

(7)

This section does not limit the circumstances in which information

may be disclosed apart from this section.

(8)

Except as provided by subsection (9) , a disclosure of information

authorised by or required under this section does not breach—

(a)

any obligation of confidence owed by the person making the

disclosure, or

(b)

any other restriction on the disclosure of information (however

imposed).

(9)

This section does not authorise or require the processing of information

if the processing would contravene the data protection legislation (but

in determining whether it would do so, take into account the powers

conferred and duties imposed by this section).

(10)

In this section, “the data protection legislation” and “processing” have

the same meaning as in section 3 of the Data Protection Act 2018.”

(2)

In the Care Act 2014, after section 56 insert—

“56A

Provision of information to the Secretary of State

(1)

The Care Quality Commission may provide market oversight

information to the Secretary of State for use in connection with the

Page 36

Secretary of State’s functions under sections 30ZE to 30ZJ of the Care

Standards Act 2000.

(2)

“Market oversight information” means information held by the

Commission in connection with its functions under sections 54 to 56.

(3)

Except as provided for by subsection (4) , a disclosure of information

authorised by subsection (1) does not breach—

(a)

any obligation of confidence owed by the person making the

disclosure, or

(b)

any other restriction on the disclosure of information (however

imposed).

(4)

Subsection (1) does not authorise the processing of information if the

processing would contravene the data protection legislation (but in

determining whether it would do so, take into account the power

conferred by that subsection).

(5)

In this section, “the data protection legislation” and “processing” have

the same meaning as in section 3 of the Data Protection Act 2018.”

Care workers

Use of agency workers for children’s social care work

After section 32 of the Children and Social Work Act 2017 insert—

“Children’s social care: use of agency workers

32A

Use of agency workers for children’s social care work

(1)

The Secretary of State may by regulations impose requirements on

English local authorities about the use of agency workers in connection

with the children’s social care functions of those authorities.

(2)

An “agency worker” is an individual—

(a)

who is supplied by a person (the “agent”) to do work for

another person (a “principal”) under arrangements between

the agent and the principal, and

(b)

who is not, as respects that work, a worker of the principal

because of the absence of a worker’s contract between the

individual and the principal.

(3)

The children’s social care functions of an English local authority are

its functions under any legislation specified in Schedule 1 to the Local

Authority Social Services Act 1970, so far as those functions relate to

persons under the age of 18.

(4)

The regulations may, in particular—

(a)

require that agency workers used in connection with the

children’s social care functions of an English local authority

meet specified requirements;

Page 37

(b)

make provision about the way in which such agency workers

may be managed;

(c)

make provision about the terms on which such agency workers

may be supplied to English local authorities (including the

amounts which may be paid under such arrangements).

(5)

Before making the regulations, the Secretary of State must consult

such persons as the Secretary of State considers appropriate.

(6)

Regulations under this section are subject to the affirmative resolution

procedure.

(7)

In this section—

“English local authority” means—

(a)

a county council in England;

(b)

a district council;

(c)

a London borough council;

(d)

the Common Council of the City of London (in their

capacity as a local authority);

(e)

the Council of the Isles of Scilly;

(f)

a combined authority established under section 103 of

the Local Democracy, Economic Development and

Construction Act 2009;

“worker” and “worker’s contract” have the same meanings as in

the Employment Rights Act 1996 (see section 230(3) of that

Act).”

Ill-treatment or wilful neglect: children aged 16 and 17

(1)

The Criminal Justice and Courts Act 2015 is amended as follows.

(2)

In section 20 (ill-treatment or wilful neglect: care worker offence)—

(a)

in subsection (3)—

(i)

omit “or” after paragraph (a);

(ii)

after paragraph (b) insert “or

“(c)

care or support for a child aged 16 or 17 at a

regulated establishment,”;

(b)

after subsection (6) insert—

“(6A)

“Regulated establishment” means—

(a)

a children’s home in England as defined by section 1

of the Care Standards Act 2000;

(b)

a residential family centre in England as defined by

section 4 of that Act;

(c)

an establishment in England providing accommodation

in respect of which requirements under Part 2 of the

Care Standards Act 2000 are applied by virtue of

Page 38

regulations under section 42 of that Act (power to

extend application of Part 2 of that Act);

(d)

youth detention accommodation in England as defined

by section 248(1) of the Sentencing Act 2020;

(e)

a place in Wales at which a care home service or a

residential family centre service, as defined by Schedule

1 to the Regulation and Inspection of Social Care (Wales)

Act 2016 (anaw 2), is provided;

(f)

a place in Wales at which accommodation is provided

to disabled children and which is notified to the Welsh

Ministers in accordance with regulations under section

2 of that Act;

(g)

youth detention accommodation in Wales as defined

by section 188(1) of the Social Services and Well-being

(Wales) Act 2014 (anaw 4).”;

(c)

in subsection (7) after “social care” insert “, or care or support at a

regulated establishment,”.

(3)

In section 21 (ill-treatment or wilful neglect: care provider offence)—

(a)

in subsection (2)(a), for the words after “the provision of” to the end

substitute “regulated care, or”;

(b)

after subsection (2) insert—

“(2A)

“Regulated care” means—

(a)

health care for an adult or child, other than excluded

health care,

(b)

social care for an adult, or

(c)

care or support for a child aged 16 or 17 provided at a

regulated establishment.”;

(c)

in subsection (3)—

(i)

in paragraph (b) for “health care or social care as part of health

care or social care” substitute “regulated care as part of such

care”;

(ii)

in the words after that paragraph for “health care or social

care”, at both places where those words appear, substitute

“regulated care”;

(d)

in subsection (4) for “health care or social care” substitute “regulated

care”;

(e)

in subsection (7)(a), for “health care or social care” substitute “regulated

care”;

(f)

in subsection (8), for “health care or social care” substitute “regulated

care”;

(g)

in subsection (9), in the second definition, after ““health care”” insert

“, “regulated establishment””.

(4)

In section 25 (care provider offence: liability for ancillary and other offences)—

(a)

in subsection (4)—

(i)

omit “or” after paragraph (a);

Page 39

(ii)

after paragraph (b) insert “, or

“(c)

the provision of care or support for an individual

aged 16 or 17 at a regulated establishment.”;

(b)

in subsection (5), in the second definition, after ““health care”” insert

“, “regulated establishment””.

Corporate parenting

Corporate parenting responsibilities

(1)

It is the duty of every relevant authority when exercising its functions—

(a)

to be alert to matters which adversely affect, or might adversely affect,

the wellbeing of looked-after children and relevant young people;

(b)

to assess what services or support provided by the authority are or

may be available for looked-after children and relevant young people;

(c)

to seek to provide opportunities for looked-after children and relevant

young people to participate in activities designed to promote their

wellbeing or enhance their employment prospects;

(d)

to take such action as the authority considers appropriate to help

looked-after children and relevant young people—

(i)

to make use of services, and access support, provided by the

authority, and

(ii)

to access opportunities provided by the authority in pursuance

of paragraph (c) .

(2)

The duty imposed by subsection (1) —

(a)

applies to a relevant authority only so far as compliance with the

duty—

(i)

is consistent with the proper exercise of its functions, and

(ii)

is reasonably practicable, and

(b)

does not apply as mentioned in section 22 .

(3)

“Relevant authority” means a person listed, or within a description listed, in

Part 1 of Schedule 1 .

(4)

“Looked-after child” means a person aged under 18 who is—

(a)

looked after by a local authority for the purposes of the Children Act

1989, the Social Services and Well-being (Wales) Act 2014 (anaw 4) or

the Children (Scotland) Act 1995, or

(b)

looked after by an authority for the purposes of the Children (Northern

Ireland) Order 1995 (S.I. 1995/755 (N.I. 2)).

(5)

“Relevant young person” means a person who—

(a)

is aged 16 or over but under 25, and

(b)

was a looked-after child on their 16th birthday or at any subsequent

time but is no longer a looked-after child.

Page 40

Cases in which duty under

(1)

The duty under section 21 (1) does not apply in relation to the exercise of—

(a)

any function of the Secretary of State in relation to immigration, asylum

or nationality, or

(b)

any general customs function of the Secretary of State.

(2)

In subsection (1) (b) , “general customs function” has the same meaning as in

Part 1 of the Borders, Citizenship and Immigration Act 2009 (see section 1(8)

of that Act).

(3)

The duty under section 21 (1) does not apply in relation to—

(a)

the exercise of a function in or as regards Scotland to the extent that

the function could be conferred by provision that would be within

the legislative competence of the Scottish Parliament if it were

contained in an Act of that Parliament (see section 29 of the Scotland

Act 1998);

(b)

the exercise of a function in relation to Wales to the extent that the

function could be conferred by provision that would be within the

legislative competence of Senedd Cymru if it were contained in an

Act of the Senedd (see section 108A of the Government of Wales Act

2006);

(c)

the exercise of a function in or as regards Northern Ireland to the

extent that the function could be conferred by provision that—

(i)

would be within the legislative competence of the Northern

Ireland Assembly if it were contained in an Act of the Assembly

(see section 6 of the Northern Ireland Act 1998), and

(ii)

would not, if it were contained in a Bill in the Northern Ireland

Assembly, result in the Bill requiring the consent of the

Secretary of State under section 8 of that Act.

Corporate parenting duty: collaborative working

(1)

Relevant authorities and local authorities in England must, so far as reasonably

practicable, collaborate with each other when performing their corporate

parenting duty where they consider that doing so would safeguard or promote

the wellbeing of looked-after children or relevant young people.

(2)

In subsection (1) , “corporate parenting duty” means—

(a)

in the case of a relevant authority, the duty under section 21 (1) ;

(b)

in the case of a local authority in England, the duty under section 1(1)

of the Children and Social Work Act 2017.

(3)

Collaboration under subsection (1) may in particular include—

(a)

sharing information;

(b)

providing advice or assistance;

(c)

co-ordinating activities (and seeking to prevent unnecessary

duplication).

(4)

Subsection (1) is not to be read as—

Page 41

(a)

requiring or authorising the processing of information if the processing

would contravene the data protection legislation (but in determining

whether the processing would do so, take the duty under subsection

(1) into account);

(b)

requiring or authorising a disclosure of information which is prohibited

by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory

Powers Act 2016.

(5)

In this section—

“local authority in England” has the same meaning as in section 1 of the

Children and Social Work Act 2017;

“processing” and “the data protection legislation” have the meaning

given by the Data Protection Act 2018 (see section 3(4) and (9) of that

Act);

“relevant authority” , “looked-after children” and “relevant young people”

have the same meaning as in section 21 .

(6)

In section 1 of the Children and Social Work Act 2017, after subsection (4)

insert—

“(5)

See also section 23 of the Children’s Wellbeing and Schools Act 2025,

which requires local authorities in England to collaborate with other

bodies in performing their respective corporate parenting duties.”

Duty to have regard to guidance

(1)

A relevant authority must have regard to any guidance given by the Secretary

of State as to the performance of the duty under section 21 (1) .

(2)

Guidance for the purposes of this section may in particular include guidance

about—

(a)

how the duty under section 21 (1) applies in relation to a particular

relevant authority or to relevant authorities of a particular description;

(b)

outcomes which a relevant authority should seek to achieve in

performing the duty.

(3)

Before giving guidance, the Secretary of State must consult—

(a)

those relevant authorities to which the guidance relates, and

(b)

such other persons as the Secretary of State considers appropriate.

(4)

In this section, “relevant authority” has the same meaning as in section 21 .

Reports by Secretary of State

(1)

The Secretary of State must, after the end of each relevant three-year period,

lay before Parliament a report on how the Secretary of State has performed

the duty under section 21 (1) during that period.

(2)

In subsection (1) , “relevant three-year period” means—

(a)

the period of three years beginning with the day on which this section

comes into force, and

Page 42

(b)

each subsequent period of three years.

Employment of children

Employment of children in England

(1)

The Children and Young Persons Act 1933 is amended as follows.

(2)

Before section 18 (but under the italic heading) insert—

“17A

Restrictions on employment of children in England

(1)

A child may not be employed to work in England—

(a)

so long as the child is under the age of 14 (subject to

regulations under subsection (2) );

(b)

to do any work other than light work;

(c)

to do work of a description specified in regulations made by

the Secretary of State;

(d)

before 7.00 a.m. or after 8.00 p.m. on any day;

(e)

on any day on which the child is required to attend school—

(i)

for more than one hour before the start of school hours,

(ii)

during school hours, or

(iii)

for more than two hours in total in the day;

(f)

for more than 12 hours in any week in which the child is

required to attend school;

(g)

for more than eight hours or, if the child is under 15, for more

than five hours in any day on which the child is not required

to attend school;

(h)

for more than 35 hours or, if the child is under 15, for more

than 25 hours in any week in which the child is not required

to attend school;

(i)

for more than four hours in any day without a break of one

hour;

(j)

at any time in a year unless at that time a person employing

the child is satisfied that the child has had, or could still have,

a period of at least two consecutive weeks without employment

during a period in the year in which the child is not required

to attend school.

(2)

The Secretary of State may by regulations authorise the employment

of children aged 13 to do specified descriptions of light work in

England.

(3)

A child may not be employed to work in England except in accordance

with a permit (a “child employment permit”) granted by a local

authority in England on an application made in accordance with

regulations made by the Secretary of State.

(4)

The Secretary of State may by regulations—

Page 43

(a)

make provision in relation to child employment permits;

(b)

provide that subsection (3) does not apply in specified cases

or circumstances;

(c)

make provision about the keeping of records.

(5)

The provision that may be made in reliance on subsection (4) (a)

includes provision—

(a)

authorising a local authority in England to request such

information as the authority considers appropriate, or to require

a child to have a medical examination, for the purpose of

enabling the authority to determine an application;

(b)

requiring a local authority in England to have regard to

specified matters when determining an application;

(c)

for the grant of a child employment permit subject to conditions

determined by a local authority;

(d)

requiring a child employment permit to contain specified

information;

(e)

authorising a local authority in England to vary, suspend or

revoke a child employment permit in specified circumstances;

(f)

about appeals against—

(i)

a decision to reject an application, or

(ii)

the revocation of a child employment permit;

(g)

imposing requirements on persons employing children

(including requirements to produce child employment permits

for inspection);

(h)

requiring or authorising a local authority in England, in

specified circumstances, to disclose information about a child

employment permit to another local authority in England or

to a local authority in Wales.

(6)

The Secretary of State may by regulations make provision (subject to

subsection (1) and regulations under subsection (2) )—

(a)

specifying the number of hours in each day, or in each week,

for which children may be employed, and the times of day at

which they may be employed;

(b)

specifying the intervals to be allowed to children for meals and

breaks, when in employment;

(c)

about entitlement to leave;

(d)

specifying other conditions to be met in relation to the

employment of children.

(7)

Nothing in this section, or in regulations made under any provision

of this section, prevents a child from doing anything—

(a)

under the authority of a licence granted under this Part, or

(b)

in a case where by virtue of subsection (3) of section 37 of the

Children and Young Persons Act 1963 no licence under that

section is required for the child to do it.

Page 44

(8)

In this section—

“light work” 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, and

(b)

is not such as to be harmful to their attendance at school

or to their participation in work experience in

accordance with section 560 of the Education Act 1996

, or their capacity to benefit from the education received

or the experience gained (as the case may be);

“specified” , in relation to regulations made under any provision

of this section, means specified in the regulations;

“week” means any period of seven consecutive days;

“year” means a period of 12 months beginning with 1 January.

17B

Regulations under

(1)

Regulations under section 17A may—

(a)

make different provision for different purposes or areas;

(b)

make provision subject to exceptions;

(c)

make transitional or saving provision.

(2)

Except as provided by subsection (3) , regulations under section 17A

may provide for the processing of information in accordance with the

regulations not to be in breach of—

(a)

any obligation of confidence owed by the person processing

the information, or

(b)

any other restriction on the processing of information (however

imposed).

(3)

Regulations under section 17A are not to be read as requiring or

authorising the processing of personal data that would contravene the

data protection legislation (but in determining whether particular

processing of data would do so, take into account the duty imposed

or power conferred by the provision of the regulations in question).

(4)

Regulations under section 17A are to be made by statutory instrument.

(5)

A statutory instrument containing regulations under section 17A is

subject to annulment in pursuance of a resolution of either House of

Parliament.

(6)

In this section—

“the data protection legislation” has the same meaning as in the

Data Protection Act 2018 (see section 3(9) of that Act);

“personal data” and “processing” have the same meaning as in

the Data Protection Act 2018 (see section 3(2) and (4) of that

Act).”

Page 45

(3)

In section 18 (restrictions on employment of children)—

(a)

in the heading, at the end insert “in Wales”;

(b)

in subsection (1), in the words before paragraph (a), after “employed”

insert “to work in Wales”;

(c)

in subsection (2), in the words before paragraph (a)—

(i)

after “local authority” insert “in Wales”;

(ii)

after “of children” insert “to work in Wales”.

(4)

In section 21 (penalties and legal proceedings in respect of general provisions

as to employment)—

(a)

in subsection (1), after “byelaw” insert “or regulations”;

(b)

in subsection (2A)—

(i)

after “contravening section” insert “ 17A (1) (j) or”;

(ii)

for “section 18(1)(j)”, in the second place it occurs, substitute

“section 17A (1) (j) or 18(1)(j) (as the case may be)”.

(5)

In section 28 (powers of entry), in subsection (1), after “byelaw” insert “or

regulations”.

(6)

In section 96 (provision as to local authorities), in subsection (1), for “has the

same meaning” substitute “, “local authority in England” and “local authority

in Wales” have the same meaning”.

Part 2

Schools

Breakfast clubs etc

Free breakfast club provision in primary schools in England

After section 551A of the Education Act 1996 insert—

“Breakfast clubs

551B

Free breakfast club provision in primary schools in England

(1)

The appropriate authority of a relevant school in England must secure

that breakfast club provision is available, free of charge, for all

qualifying primary pupils at the school.

(2)

“Breakfast club provision” means—

(a)

the provision of childcare for a period of at least 30 minutes

ending immediately before the start of the first school session

on each school day, and

(b)

the provision of breakfast before the start of the first school

session on each school day.

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(3)

The references in subsection (2) to the provision of childcare and

breakfast are to their provision on the school premises or on suitable

premises in the vicinity of the school premises.

(4)

The duty under subsection (1) does not apply in relation to a relevant

school on any school day in which—

(a)

there is only one school session, and

(b)

that session begins in the afternoon.

(5)

Food and drink provided pursuant to subsection (2) (b) may, subject

to the applicable food standards duty, take such form as the

appropriate authority thinks fit.

(6)

In this section and sections 551C and 551D —

“the appropriate authority” means—

(a)

in relation to an Academy school, an alternative

provision Academy or a non-maintained special school,

the proprietor;

(b)

in relation to a maintained school, the governing body;

(c)

in relation to a pupil referral unit, the local authority

which maintains the unit;

“qualifying primary pupil” , in relation to a relevant school, means

a junior pupil who is a registered pupil at the school and—

(a)

is of compulsory school age, or

(b)

is not of compulsory school age but is in reception at

the school;

“relevant school” means—

(a)

an Academy school,

(b)

an alternative provision Academy,

(c)

a maintained school,

(d)

a non-maintained special school, or

(e)

a pupil referral unit,

other than where established in a hospital.

(7)

In this section—

“the applicable food standards duty” means—

(a)

the duty imposed by section 114A(4) of SSFA 1998

(including as applied in relation to a non-maintained

special school by regulations under section 342(4)(a) of

this Act), or

(b)

in relation to an Academy school or an alternative

provision Academy, a duty contained in Academy

arrangements relating to the school that is equivalent

to the duty imposed by section 114A(4) of SSFA 1998

(see section 512C of this Act);

“childcare” has the meaning given by section 18 of the Childcare

Act 2006 ;

“maintained school” means—

Page 47

(a)

a community, foundation or voluntary school, or

(b)

a community or foundation special school;

“non-maintained special school” has the meaning given by section

337A;

“reception” means a year group in which the majority of children

will, in the school year, attain the age of 5;

“SSFA 1998” means the School Standards and Framework Act

1998.

551C

Power to exempt schools from duty under

(1)

The Secretary of State may, on an application made by the appropriate

authority of a relevant school, by notice given to the appropriate

authority designate the school as one to which the duty under section

551B (1) does not apply.

(2)

Before making an application under subsection (1) , the appropriate

authority of a relevant school must consult—

(a)

parents of qualifying primary pupils at the school, and

(b)

the local authority for the area in which the school is situated.

(3)

An application under subsection (1) must be made in accordance with

such requirements as may be prescribed.

(4)

The Secretary of State may designate a relevant school under subsection

(1) only if satisfied that requiring the appropriate authority to discharge

the duty under section 551B (1) —

(a)

would seriously prejudice the efficient use of resources, or

(b)

would be contrary to the best interests of qualifying primary

pupils at the school,

having regard to the particular circumstances of the school or of

qualifying primary pupils at the school or any other relevant factor.

(5)

A designation under subsection (1) has effect for the period specified

in the notice under that subsection (and the period may be indefinite).

(6)

A designation under subsection (1) may be varied or revoked by a

further designation.

(7)

The Secretary of State must—

(a)

keep a list of relevant schools in relation to which a designation

under subsection (1) has effect, and

(b)

make the list publicly available.

551D

Guidance in connection with breakfast club provision

(1)

The Secretary of State must issue guidance to the appropriate

authorities of relevant schools in England with respect to—

(a)

the discharge of the duty imposed on those appropriate

authorities by section 551B (1) ;

Page 48

(b)

applications for a designation under section 551C (1) ;

(c)

the exercise by the Secretary of State of the power conferred

by section 551C (1) .

(2)

The appropriate authority of a relevant school in England must have

regard to guidance issued under this section in connection with—

(a)

the discharge of the duty under section 551B (1) ;

(b)

the making of an application for a designation under section

551C (1) .

(3)

The Secretary of State may from time to time revise guidance issued

under this section.”

Food and drink provided at Academies

(1)

In section 512B of the Education Act 1996 (provision of school lunches:

Academies), after subsection (3) insert—

“(4)

Subsections (1) and (3) apply to an agreement under section 482 in

relation to a city technology college or a city college for the technology

of the arts as they apply to Academy arrangements in relation to an

Academy school or an alternative provision Academy.”

(2)

After section 512B of the Education Act 1996 insert—

“512C

School food standards: Academies

(1)

Academy arrangements in relation to an Academy school or an

alternative provision Academy must include—

(a)

provision imposing requirements relating to food or drink

provided for registered pupils that are equivalent to the

requirements prescribed by regulations under section 114A (1)

of the School Standards and Framework Act 1998 (food and

drink provided on premises of maintained schools etc), and

(b)

provision imposing duties on the proprietor that are equivalent

to the duties imposed by section 114A (4) and (6) of that Act

on a local authority or the governing body of a school

maintained by a local authority.

(2)

Subsection (1) applies only to the extent that the provision mentioned

there is not already required to be included in Academy arrangements

by section 512B.

(3)

Academy arrangements in relation to an Academy (other than a 16 to

19 Academy) that are entered into before the day on which section 28

of the Children’s Wellbeing and Schools Act 2025 comes into force

are to be treated as if they included the provision required by

subsection (1) , to the extent that they do not otherwise include such

provision.

(4)

Subsections (1) and (3) apply to an agreement under section 482 in

relation to a city technology college or a city college for the technology

Page 49

of the arts as they apply to Academy arrangements in relation to an

Academy school or an alternative provision Academy.”

School uniforms

School uniforms: limits on branded items

(1)

The Education Act 1996 is amended as follows.

(2)

In the italic heading before section 551A, omit “Costs of”.

(3)

After that italic heading insert—

“551ZA

School uniforms: limits on branded items

(1)

The appropriate authority of a relevant school in England—

(a)

may not require a primary pupil at the school to have more

than three different branded items of school uniform for use

during a school year;

(b)

may not require a secondary pupil at the school to have more

than three different branded items of school uniform for use

during a school year (or more than four different branded items

of school uniform if one of those items is a tie).

(2)

Where the relevant school is a middle school, the limits mentioned in

subsection (1) (b) apply in relation to all pupils at that school.

(3)

For the purposes of subsection (1) , a pupil is required to have a

branded item of school uniform for use during a school year if the

pupil is required to have it—

(a)

for general use at school (or for travelling to or from school)

during that year, or

(b)

to participate in any lesson, club, activity or event facilitated

by the school during that year.

(4)

“School uniform” means a bag and any clothing required for school

or for any lesson, club, activity or event facilitated by the school.

(5)

An item of school uniform is “branded” if—

(a)

it has the school name or school logo (or for an Academy, the

school or proprietor’s name or logo) on or attached to it, or

(b)

as a result of its colour, design, fabric or other distinctive

characteristic, it is only available from particular suppliers.

(6)

In this section—

“the appropriate authority” means—

(a)

in relation to an Academy school, an alternative

provision Academy, a non-maintained special school,

a city technology college or a city college for the

technology of the arts, the proprietor;

(b)

in relation to a maintained school, the governing body;

Page 50

(c)

in relation to a pupil referral unit, the local authority;

“relevant school” means—

(a)

an Academy school,

(b)

an alternative provision Academy,

(c)

a maintained school,

(d)

a non-maintained special school,

(e)

a pupil referral unit, or

(f)

a city technology college or a city college for the

technology of the arts,

other than where established in a hospital;

“primary pupil” means a pupil receiving primary education (or

receiving education that would be primary education if it were

full-time education);

“secondary pupil” means a pupil receiving secondary education

(or receiving education that would be secondary education if

it were full-time education);

“maintained school” means—

(a)

a community, foundation or voluntary school, or

(b)

a community or foundation special school;

“non-maintained special school” has the meaning given by section

337A.”

(4)

In section 551A (guidance about the costs of school uniforms: England), for

subsections (5) and (6) substitute—

“(5)

In this section “the appropriate authority” and “relevant school” have

the same meanings as in section 551ZA.”

Children not in school

Local authority consent for withdrawal of certain children from school

After section 434 of the Education Act 1996 insert—

“Local authority consent for withdrawal of certain children from school

434A

Local authority consent for withdrawal of certain children from school

(1)

A parent of a relevant child must obtain the consent of the relevant

local authority to withdraw the child from school if the parent

intends—

(a)

that the child should cease to attend the school at which the

child is a registered pupil, and

(b)

to withdraw the child from school for the purpose of causing

the child to receive education otherwise than at school.

(2)

A child is a “relevant child” for the purposes of this section if—

(a)

the child is of compulsory school age,

Page 51

(b)

the child is a registered pupil at a school, and

(c)

condition A or condition B is met in respect of the child.

(3)

Condition A is that the child became a registered pupil under

arrangements made by a local authority at—

(a)

a special school within the meaning of section 337, or

(b)

an independent school within the meaning of section 463

which—

(i)

in the case of a school in England, is specially organised

to make special educational provision for pupils with

special educational needs;

(ii)

in the case of a school in Wales, is wholly or mainly

concerned with providing full-time education to persons

for whom an individual development plan is

maintained.

(4)

Condition B is that a local authority is—

(a)

conducting enquiries under section 47 of the Children Act 1989

(duty to investigate) in respect of the child, or

(b)

taking action under section 47(8) of that Act to safeguard or

promote the child's welfare, in a case where the enquiries

mentioned in paragraph (a) have led the local authority to

conclude that the child is suffering, or is likely to suffer,

significant harm (within the meaning of section 31(9) and (10)

of that Act).

(5)

Where the proprietor of a school is notified by a parent of a child who

is a registered pupil at the school that the parent intends to withdraw

the child from school for the purpose of causing the child to receive

education otherwise than at school, the proprietor must notify—

(a)

the local authority responsible for the area in which the school

is located, and

(b)

the local authority responsible for the child, if different from

the local authority mentioned in paragraph (a) .

(6)

If a parent of a relevant child applies to the relevant local authority

for consent to withdraw the child from school for the purpose of

causing the child to receive education otherwise than at school, the

authority—

(a)

must decide without undue delay whether to grant consent,

and

(b)

must refuse consent if the local authority considers—

(i)

that it would be in the child's best interests to receive

education by regular attendance at school, or

(ii)

that no suitable arrangements have been made for the

education of the child otherwise than at school,

but otherwise must grant consent.

Page 52

(7)

An application mentioned in subsection (6) may also be made by the

proprietor of a school at which the relevant child is a registered pupil,

on behalf of the child’s parent, and with the consent of the parent.

(8)

The relevant local authority must serve notice of the decision under

subsection (6) on—

(a)

the parent who made the application, or on whose behalf the

application was made,

(b)

any other parent of the child, where contact details of that

parent are known, unless exceptional circumstances apply, and

(c)

the proprietor of a school at which the relevant child is a

registered pupil.

(9)

Regulations under section 434—

(a)

must provide that, where consent of the relevant local authority

is required under subsection (1) in respect of a relevant child,

the proprietor of a school must not allow the deletion from the

school’s register of the name of that child unless the proprietor

receives notice that the relevant local authority has granted

consent under this section in respect of that child, and

(b)

may make provision to require the proprietor of a school to

arrange to take, or not to take, any other steps specified in the

regulations in relation to the registration of a registered pupil

at the school where a relevant local authority has granted or

refused consent under subsection (6) .

(10)

If a parent is aggrieved by a decision of the relevant local authority

to grant consent under subsection (6) —

(a)

the parent may refer the question to—

(i)

the Secretary of State, in relation to a local authority in

England, and

(ii)

the Welsh Ministers, in relation to a local authority in

Wales, and

(b)

the Secretary of State or the Welsh Ministers (as the case may

be) may—

(i)

uphold the decision of the local authority, or

(ii)

refer the question back to the local authority to

determine.

(11)

If a parent is aggrieved by a decision of the relevant local authority

to refuse consent under subsection (6) —

(a)

the parent may refer the question to—

(i)

the Secretary of State, in relation to a local authority in

England, and

(ii)

the Welsh Ministers, in relation to a local authority in

Wales, and

(b)

the Secretary of State or the Welsh Ministers (as the case may

be) may—

Page 53

(i)

give such direction determining the question as the

Secretary of State considers, or the Welsh Ministers

consider, appropriate, or

(ii)

refer the question back to the local authority to

determine.

(12)

If a subsequent application is made in relation to a relevant child in

respect of whom the relevant local authority has previously refused

consent under subsection (6) , the authority is only required to make

a new decision under subsection (6) (a) if a period of 6 months has

elapsed since the date of the previous application.

(13)

In this section, a “relevant local authority”, in relation to a relevant

child, means—

(a)

where the child is a relevant child as a result of condition A

(but not condition B) being met in respect of the child, the local

authority that made the arrangements mentioned in subsection

(3) ;

(b)

where the child is a relevant child as a result of condition B

(but not condition A) being met in respect of the child, the

local authority conducting enquiries or taking action as

mentioned in subsection (4) ;

(c)

where the child is a relevant child as a result of conditions A

and B being met in respect of the child, the local authority

conducting enquiries or taking action as mentioned in

subsection (4) .”

Registration

(1)

The Education Act 1996 is amended as follows.

(2)

After section 436A insert—

“Children not in school

436B

Duty to register children not in school

(1)

A local authority must maintain a register of children who are eligible

to be registered by the authority under this section.

(2)

A child is eligible to be registered by a local authority under this

section if conditions A to C are met.

(3)

Condition A is that the child lives in the authority’s area.

(4)

Condition B is that the child is of compulsory school age.

(5)

Condition C is that—

(a)

the child is not a registered pupil or a student registered at a

relevant school,

Page 54

(b)

the child is a registered pupil or a student registered at a

relevant school but the proprietor of the school has arranged

or agreed that—

(i)

the child will receive education otherwise than at that

or any other relevant school, and

(ii)

the child will be absent for some or all of the time when

the child would normally be expected to attend the

relevant school, or

(c)

the child is a student registered at a relevant school falling

within subsection (7) (d) but attends that school on a part-time

basis, and is not also a registered pupil or a student registered

at a different relevant school.

(6)

Regulations may make provision—

(a)

for cases where a child is to be regarded as falling or not falling

within subsection (5) (b) or (c) ;

(b)

for cases where a child falling within subsection (5) (b) or (c)

is not to be regarded as eligible for registration under this

section.

(7)

In this section “relevant school” means—

(a)

a school maintained by a local authority,

(b)

a non-maintained special school (within the meaning given by

section 337A),

(c)

an Academy school or alternative provision Academy,

(d)

an institution within the further education sector that provides

secondary education suitable to the requirements of children

who have attained the age of 14 years,

(e)

an independent educational institution within the meaning of

section 92(1) of the Education and Skills Act 2008, that is

registered under section 95 of that Act (register of independent

educational institutions),

(f)

a school that is included in the register of independent schools

in Wales (kept under section 158 of the Education Act 2002),

(g)

a school within the meaning of section 135(1) of the Education

(Scotland) Act 1980.

436C

Content and maintenance of registers

(1)

A register under section 436B must contain the following information

in respect of a child registered in it—

(a)

the child’s name, date of birth and home address;

(b)

the name and home address of each parent of the child;

(c)

the name of each parent who is providing education to that

child;

(d)

the amount of time that the child spends receiving education

from each parent of the child;

Page 55

(e)

if the child receives education from a person other than their

parent—

(i)

the names and addresses of any individuals and

organisations involved in providing that education;

(ii)

a description of the type of each provider named under

sub-paragraph (i) ;

(iii)

the postal address of each place where that education

is provided (where different from the address in

sub-paragraph (i) ) or the website or email address of

the provider if that education is provided virtually;

(iv)

the total amount of time that the child spends receiving

that education and the amount of time the child spends

receiving that education without any parent of the child

being actively involved in the tuition or supervision of

the child.

(2)

To the extent that the local authority has the information or can

reasonably obtain it, a register under section 436B must also contain

such information about, or in connection with, the following matters

in respect of a child registered in it as may be prescribed—

(a)

the child’s protected characteristics (within the meaning of the

Equality Act 2010);

(b)

in the case of a child who is in the area of a local authority in

England, whether the child has any special educational needs,

including whether the local authority maintains an EHC plan

for the child;

(c)

in the case of a child who is in the area of a local authority in

Wales, whether the child has any additional learning needs,

including whether an individual development plan is

maintained for the child;

(d)

any enquiries being made or that have been made by a local

authority under section 47 of the Children Act 1989 (local

authority’s duty to investigate) and any actions that are being

taken or have been taken by the authority or any other local

authority following, or in connection with, enquiries under that

section;

(e)

whether the child is or has ever been a child in need for the

purposes of Part 3 of the Children Act 1989 (see section 17(10)

of that Act) and, if so, any actions that a local authority is

taking or has taken in relation to the child under that Part and

any services that a local authority is providing or has provided

to the child in the exercise of functions conferred on the

authority by section 17 of that Act;

(f)

whether the child has ever been assessed as having needs for

care and support for the purposes of Part 4 of the Social

Services and Well-being (Wales) Act 2014 (anaw 4) (see section

32(1) of that Act) and, if so, any actions that a local authority

is taking or has taken in relation to the child under that Part

Page 56

(or Part 4 or 5 of the Children Act 1989) and any services that

a local authority is providing or has provided to the child in

the exercise of functions conferred on the authority by or under

that Part (or Part 4 or 5 of the Children Act 1989);

(g)

whether the child is or has ever been looked after by a local

authority in England (within the meaning of section 22 of the

Children Act 1989) or in Wales (within the meaning of section

74 of the Social Services and Well-being (Wales) Act 2014);

(h)

the reasons why the child meets condition C in section 436B

, including any information provided by a parent of the child

as to those reasons or, in a case where a parent has not

provided that information, the fact that they have not done so;

(i)

whether, under arrangements made under section 436A, the

child has been identified as a child who is of compulsory school

age but who is not a registered pupil at a school and is not

receiving suitable education otherwise than at a school;

(j)

the school or institution within the further education sector or

the type of school or institution (if any) that the child attends

or has attended in the past;

(k)

whether support is being provided in relation to the child

under section 436G and, if so, the nature of the support being

provided;

(l)

any actions that have been taken by a local authority in relation

to the child under sections 436I to 436Q (school attendance

orders);

(m)

any other information about the child’s characteristics,

circumstances, needs or interactions with a local authority or

educational institutions that the Secretary of State considers,

or the Welsh Ministers consider (as the case may be), should

be included in the register for the purposes of promoting or

safeguarding the education or welfare of children.

(3)

A register under section 436B may also contain any other information

the local authority considers appropriate.

(4)

Regulations may, in relation to a register under section 436B , make

provision about—

(a)

how a local authority must maintain the register, including

provision relating to—

(i)

how the register is to be kept up-to-date;

(ii)

the making of changes to the register;

(b)

the form of the register;

(c)

publication of the register;

(d)

registration forms;

(e)

how time is to be recorded for the purposes of subsection (1) (d)

and (e) (iv) ;

(f)

publicising the register and duties of persons in relation to the

Page 57

(5)

No information from a register under section 436B may be published,

or made accessible to the public, in a form—

(a)

which includes the name or address of a child who is eligible

to be registered under that section or of a parent of such a

child, or

(b)

from which the identity of such a child or parent can be

deduced, whether from the information itself or from that

information taken together with any other published

information.

436D

Provision of information to local authorities: parents

(1)

A parent of a child who is eligible to be registered by a local authority

under section 436B must—

(a)

inform the local authority that the child is eligible for

registration, and

(b)

provide the authority with any of the information referred to

in section 436C (1) that the parent has.

(2)

A parent of a child who is registered by a local authority under section

436B must—

(a)

provide the authority, on request, with any of the information

referred to in section 436C (1) that the parent has,

(b)

inform the authority of a change, of which the parent is aware,

to any of the information required to be included in the register

under section 436C (1) , and

(c)

inform the authority if the child ceases to be eligible to be

registered by that authority under section 436B.

(3)

A person must comply with a duty under subsection (1) or (2) before

the end of the relevant period.

(4)

In subsection (3) “relevant period” means—

(a)

in the case of the duty in subsection (1) (a) or (b) , the period of

15 days beginning with the date on which the child becomes

eligible for registration by the local authority;

(b)

in the case of the duty in subsection (2) (a) , such period of not

less than 15 days as the local authority specify in the request;

(c)

in the case of the duty in subsection (2) (b) , the period of 15

days beginning with the date on which the parent becomes

aware of the change;

(d)

in the case of the duty in subsection (2) (c) , the period of 15

days beginning with the date on which the child ceases to be

eligible to be registered by the local authority under section

436B .

(5)

The duties in subsections (1) and (2) do not apply where the child is

receiving full-time education by any one or more of the following

means—

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(a)

arrangements made by the local authority under section 19 (in

England) or section 19A (in Wales);

(b)

arrangements made by the proprietor of a relevant school at

which the child is a registered pupil;

(c)

where the local authority is a local authority in England,

arrangements made by the local authority under section 61 of

the Children and Families Act 2014 (special educational

provision otherwise than in schools, post-16 institutions etc);

(d)

where the local authority is a local authority in Wales,

arrangements made by the local authority under section 53 of

the Additional Learning Needs and Education Tribunal (Wales)

Act 2018 (anaw 2) (additional learning provision otherwise

than in schools);

(e)

attendance at a relevant school.

(6)

In this section “relevant school” has the same meaning as in section

436B .

436E

Provision of information to local authorities: education providers

(1)

This section applies where a local authority reasonably believes that—

(a)

a person is providing out-of-school education to a child for

more than the prescribed amount of time without any parent

of the child being actively involved in the tuition or supervision

of the child, and

(b)

the child is, or is eligible to be, registered by the authority

under section 436B .

(2)

In this section—

(a)

“out-of-school education” means any programme or course of

education, or any other kind of structured education, that is

provided otherwise than as part of the education provided by

a relevant school (within the meaning of section 436B );

(b)

“prescribed amount of time” means an amount of time

prescribed—

(i)

by reference to a number of hours in, or a proportion

of, a week or other period;

(ii)

by reference to a proportion of the time a child spends

receiving education;

(iii)

in any other way.

(3)

The authority may by notice require the person—

(a)

to confirm whether or not the person is providing out-of-school

education to any child as mentioned in subsection (1) (a) , or

has done so at any time during the period of 3 months ending

with the date of the notice, and

(b)

to provide the authority with the following information in

relation to any child (whether or not that child lives in the

authority's area) to whom they are providing such education,

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or to whom they have provided such education during that 3

month period—

(i)

the child’s name, date of birth and home address,

(ii)

the total amount of time that they provide such

education to the child, and

(iii)

the amount of time that they provide such education

to the child without any parent of the child being

actively involved in the tuition or supervision of the

child.

(4)

A notice under subsection (3) is served if it is sent to or left at the

place where the out-of-school education is provided (as well as in the

circumstances referred to in section 572(1)).

(5)

Before the end of the specified period, the person on whom a notice

under subsection (3) is served must comply with the requirement in

the notice.

(6)

The “specified period” is the period, specified in the notice that—

(a)

is at least 15 days, and

(b)

begins with the day on which the notice is served.

(7)

Regulations may provide for exceptions to the duty in subsection (5) .

(8)

Where a local authority is satisfied that a person on whom a notice

under subsection (3) is served has—

(a)

failed to comply with their duty under subsection (5) , or

(b)

provided incorrect information in response to the notice,

the authority may require the person to pay a monetary penalty to

the authority in accordance with Schedule 31A.

(9)

The amount of the monetary penalty is to be the prescribed amount.

(10)

Subsection (8) does not apply in relation to a notice under subsection

(3) that is served during the period of 3 months beginning with the

day on which section 31 of the Children’s Wellbeing and Schools Act

2025 comes into force.

436F

Use of information in the register

(1)

A local authority must, if the Secretary of State so directs in relation

to a local authority in England, or the Welsh Ministers so direct in

relation to a local authority in Wales, provide the Secretary of State

or the Welsh Ministers (as the case may be) with information of a

prescribed description from their register under section 436B (whether

that is information relating to an individual child or aggregated

information).

(2)

The Secretary of State or the Welsh Ministers may provide information

received under subsection (1) to a prescribed person if the Secretary

of State considers or the Welsh Ministers consider (as the case may

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be) it appropriate to do so for the purposes of promoting or

safeguarding the education or welfare of—

(a)

the child to whom the information relates, or

(b)

any other person under the age of 18.

(3)

A local authority may provide information from their register under

section 436B which relates to a child, to a person mentioned in

subsection (4) if the authority considers it appropriate to do so for the

purposes of promoting or safeguarding the education or welfare of—

(a)

the child, or

(b)

any other person under the age of 18.

(4)

For the purposes of subsection (3) , the persons are—

(a)

a person listed in section 11(1) or 28(1) of the Children Act

2004 (arrangements to safeguard and promote welfare);

(b)

Ofsted, meaning—

(i)

the Office for Standards in Education, Children’s

Services and Skills, and

(ii)

His Majesty’s Chief Inspector of Education, Children’s

Services and Skills;

(c)

His Majesty’s Chief Inspector of Education and Training in

Wales;

(d)

the Welsh Ministers.

(5)

Where a local authority becomes aware that a child registered in their

another local authority, the local authority—

(a)

must provide the other local authority with any information

relating to the child which is contained in the register under

or by virtue of section 436C (1) or (2) , and

(b)

may provide the other local authority with any other

information relating to the child which is contained in the

(6)

Where a local authority in Scotland or Northern Ireland makes a

request for information from a register under section 436B held by a

local authority in England or Wales, the local authority receiving the

request may provide the information if that authority considers it

appropriate to do so for the purposes of promoting or safeguarding

the education or welfare of—

(a)

the child to whom the information relates,

(b)

any other person under the age of 18.

(7)

A local authority in Scotland means a council constituted under section

2 of the Local Government etc. (Scotland) Act 1994.

(8)

A local authority in Northern Ireland means a Health and Social Care

Trust or the Education Authority established under the Education Act

(Northern Ireland) 2014.

Page 61

436G

Support

(1)

If a parent of a child registered by a local authority under section 436B

so requests, the local authority must provide support to the parent by

securing the provision of advice and information relating to the

education of the child.

(2)

The advice and information to be provided is whatever the local

authority considers fit having regard to the parent’s request and may

include—

(a)

advice about the education of the child, and

(b)

information about sources of assistance for the education of

the child.

(3)

The duty in subsection (1) does not apply where—

(a)

the child is a registered pupil at a relevant school (within the

meaning of section 436B ),

(b)

the local authority is required to make arrangements for the

education of the child under section 19 or 19A of this Act,

(c)

the local authority is required to secure special educational

provision for the child under section 42(2) of the Children and

Families Act 2014, or

(d)

the local authority is required to secure additional learning

provision or other provision for the child under section 14(10)

or 19(7) of the Additional Learning Needs and Education

Tribunal (Wales) Act 2018.”

(3)

For section 569(2A) (regulations subject to affirmative procedure), substitute—

“(2A)

A statutory instrument which contains (whether alone or with other

provision) any of the following regulations to be made by the Secretary

of State may not be made unless a draft of the instrument has been

laid before, and approved by a resolution of, each House of

Parliament—

(a)

the first regulations under section 436B (6) ,

(b)

regulations under section 436C (2) ,

(c)

the first regulations under section 436C (4) ,

(d)

regulations under section 436E (1) (a) ,

(e)

regulations under section 436E (7) ,

(f)

the first regulations under section 436E (9) ,

(g)

the first regulations under section 436F (1) ,

(h)

regulations under section 436F (2) ,

(i)

regulations under section 550ZA(3)(f),

(j)

regulations under section 550ZC(7), or

(k)

the first regulations under paragraph 5 of Schedule 31A.”

(4)

In section 569(2B), (2BA) and (2BB) for “the National Assembly for Wales”

(in each place that it occurs) substitute “Senedd Cymru”.

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(5)

After section 569(2BB) insert—

“(2BC)

A statutory instrument which contains any of the following regulations

to be made by the Welsh Ministers is subject to annulment in

pursuance of a resolution of Senedd Cymru—

(a)

regulations under any of the following provisions, other than

the first set of such regulations—

(i)

section 436B (6) ,

(ii)

section 436C (4) ,

(iii)

section 436E (9) ,

(iv)

section 436F (1) ,

(v)

paragraph 5 of Schedule 31A , or

(b)

regulations under section 436I (6) .

(2BD)

A statutory instrument which contains (whether alone or with other

provision) any of the following regulations to be made by the Welsh

Ministers may not be made unless a draft of the instrument has been

laid before, and approved by resolution of, Senedd Cymru—

(a)

the first regulations under section 436B (6) ,

(b)

regulations under section 436C (2) ,

(c)

the first regulations under section 436C (4) ,

(d)

regulations under section 436E (1) (a) ,

(e)

regulations under section 436E (7) ,

(f)

the first regulations under section 436E (9) ,

(g)

the first regulations under section 436F (1) ,

(h)

regulations under section 436F (2) , or

(i)

the first regulations under paragraph 5 of Schedule 31A .”

(6)

After Schedule 31 insert—

“Schedule 31A

Section 436E

Failure to provide information under

Warning notice

(1)

Where a local authority proposes to require a person to pay a

monetary penalty under section 436E (8) , the authority must serve

a notice on the person of what is proposed (a “warning notice”).

(2)

The warning notice must include information as to—

(a)

the grounds for the proposal to require payment of the

monetary penalty,

(b)

the amount of the penalty, and

(c)

the person’s right to make representations.

Page 63

Representations

The person on whom the warning notice is served may make written

representations to the local authority in relation to the proposed

requirement to pay a monetary penalty—

(a)

before the end of the period of 14 days beginning with the

day on which the notice is served, or

(b)

if within that period the person gives written notice of their

intention to make representations, before the end of the

period of 28 days beginning with that day.

Imposition of penalty

(1)

Where a person has made representations in response to a warning

notice, or the time for doing so has elapsed, the local authority must

decide whether to require the person to pay the monetary penalty.

(2)

The local authority may not require the person to pay a monetary

penalty if the authority is no longer satisfied as mentioned in section

436E (8) .

(3)

If the local authority decide not to require the person to pay the

penalty, the authority must inform the person of that fact.

Penalty notice

(1)

A requirement to pay a monetary penalty is imposed by a notice

served on the person by the local authority (a “penalty notice”).

(2)

A penalty notice must include information as to—

(a)

the grounds for requiring payment of the monetary penalty,

(b)

the amount of the penalty,

(c)

how payment may be made,

(d)

the period within which payment is to be made (which must

be at least 28 days beginning with the day on which the

notice is served),

(e)

the consequences of late payment (see paragraph 5 ), and

(f)

rights of appeal.

(3)

A penalty notice may be withdrawn at any time by the local

authority that gave it.

Consequences of late payment

If the person on whom a penalty notice is served fails to pay the

monetary penalty within the period specified in the notice, the

amount of the penalty is increased by the prescribed percentage.

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Appeals

(1)

A person on whom a penalty notice is served may appeal to the

First-tier Tribunal on any of the grounds mentioned in

sub-paragraph (2) .

(2)

The grounds are that—

(a)

the decision to require payment of the penalty was based

on an error of fact;

(b)

the decision was wrong in law;

(c)

the decision was unreasonable.

(3)

On an appeal under this paragraph the First-tier Tribunal may—

(a)

quash the penalty notice,

(b)

confirm the penalty notice, or

(c)

vary the penalty notice by reducing the amount of the

monetary penalty.

(4)

Where an appeal under this paragraph is made, the requirement to

pay the monetary penalty is suspended pending the final

determination or withdrawal of the appeal.

Enforcement

If a person does not pay the whole or any part of a monetary

penalty which the person is required to pay under this Schedule

within the time specified in the penalty notice, the penalty or part

of the penalty is recoverable as if it were payable under an order

of the county court.”

School attendance orders

(1)

The Education Act 1996 is amended as follows.

(2)

After section 436G (as inserted by section 31 ) insert—

“School attendance orders

436H

Preliminary notice for school attendance order

(1)

A local authority must serve a preliminary notice on a child’s parent

in relation to a child for whom the authority is responsible if it appears

to the authority that—

(a)

the child is of compulsory school age, and

(b)

either condition A or condition B is met.

(2)

A local authority may serve a preliminary notice on a child’s parent

if it appears to the authority that either condition C or condition D is

met.

(3)

A “preliminary notice” means a notice requiring the child’s parent on

whom the notice is served to satisfy the local authority that—

Page 65

(a)

the child is receiving suitable education, where condition A, C

or D is relied on to serve the notice;

(b)

the child is receiving education that is in their best interests,

where condition B is relied on to serve the notice.

(4)

Condition A is that the child is not receiving suitable education, either

by regular attendance at school or otherwise.

(5)

Condition B is that—

(a)

the local authority or another local authority is—

(i)

conducting enquiries in respect of the child under

section 47 of the Children Act 1989 (duty to investigate),

(ii)

taking action under section 47(8) of that Act to

safeguard or promote the child's welfare, in a case

where the enquiries mentioned in sub-paragraph (i)

have led the local authority to conclude that the child

is suffering, or is likely to suffer, significant harm

(within the meaning of section 31(9) and (10) of that

Act),

(b)

the child is not regularly attending school, and

(c)

it would be in the child's best interests to receive education by

regular attendance at school.

(6)

Condition C is that—

(a)

the child is eligible to be registered by the local authority under

section 436B ,

(b)

the authority has asked the child’s parent for information under

section 436D (1) , and

(c)

the child’s parent has not provided that information before the

end of the relevant period (as defined in section 436D (4) (a) ),

or has provided incorrect information.

(7)

Condition D is that the child’s parent is under a duty to provide

information to the local authority under section 436D (2) in relation to

the child and

(a)

has not provided the information before the end of the relevant

period (as defined in section 436D (4) ), or

(b)

has provided incorrect information.

(8)

A preliminary notice must—

(a)

state which of conditions A to D are relied on to serve the

notice,

(b)

be served without delay, and in any event before the end of

the period of five days beginning with the day on which it

appears to the local authority that the requirements of

subsection (1) or (2) are met, and

Page 66

(c)

specify the period within which the person must respond to

the notice, which must be not less than 15 days beginning with

the day on which the notice is served.

436I

School attendance orders

(1)

A local authority must serve an order under this section on a child’s

parent if—

(a)

the authority has served a preliminary notice on the child’s

parent under section 436H ,

(b)

the child’s parent fails to satisfy the local authority, within the

period specified in the notice, that—

(i)

the child is receiving suitable education, in a case where

condition A, C or D is cited in the notice ,

(ii)

it is in the best interests of the child to receive education

otherwise than by regular attendance at school, in a

case where condition B is cited in the notice, and

(c)

in the opinion of the authority it is expedient that the child

should attend school.

(2)

But a local authority must not serve an order under this section on a

child’s parent if—

(a)

either—

(i)

condition B was the only condition cited in the

preliminary notice served under section 436H in relation

to the child, or

(ii)

condition B and another condition were cited in that

preliminary notice, but the child’s parent has satisfied

the local authority that the child is receiving suitable

education,

(b)

the local authority is no longer conducting enquiries or taking

action in respect of the child as mentioned in section 436H (5) (a)

, and

(c)

the local authority is not aware of any other enquiries being

made under section 47 of the Children Act 1989 or of any other

action being taken under section 47(8) of that Act in respect of

the child.

(3)

For the purpose of determining whether an order must be served

under this section in respect of a child, the local authority—

(a)

must consider all of the settings where the child is being

educated and where the child lives,

(b)

must consider how the child is being educated and what the

child is learning, so far as is relevant in the particular case,

and

(c)

may request the child’s parent on whom the preliminary notice

has been served under section 436H to allow the local authority

Page 67

to visit the child inside any of the homes in which the child

lives.

(4)

If a request under subsection (3) (c) is refused by the person to whom

it is made, the local authority must consider that to be a relevant factor

in deciding whether the child’s parent has failed to satisfy the local

authority as mentioned in subsection (1) (b) (i) or (ii) .

(5)

An order under this section (a “school attendance order”) is an order

requiring the person on whom it is served to cause the child to become

a registered pupil at a school named in the order.

(6)

A school attendance order under this section—

(a)

must be served without delay, and in any event before the end

of the period of five days beginning with the day on which

the authority determines which school is to be named in the

order, and

(b)

must be in the prescribed form.

(7)

A school attendance order under this section continues in force (subject

to any amendment made by the local authority) for so long as the

child is of compulsory school age, unless—

(a)

it is revoked by the authority, or

(b)

a direction is made in respect of it under section 436Q (6) or

447(5).

(8)

Where a maintained school is named in a school attendance order

under this section—

(a)

the local authority must without delay, and in any event before

the end of the period of five days referred to in subsection

(6) (a) inform the governing body and the head teacher, and

(b)

the governing body and the local authority must admit the

child to the school.

(9)

Where an Academy school or alternative provision Academy is named

in a school attendance order under this section—

(a)

the local authority must without delay, and in any event before

the end of the period of five days referred to in subsection

(6) (a) inform the proprietor and the principal, and

(b)

the proprietor must admit the child to the school.

(10)

Subsections (8) and (9) do not affect any power to exclude from a

school a pupil who is already a registered pupil there.

436J

School attendance order for child with EHC plan (England)

(1)

Subsections (2) and (3) apply where a local authority in England is

required to serve a school attendance order under section 436I in

respect of a child for whom the authority maintains an EHC plan.

Page 68

(2)

Where the EHC plan specifies the name of a school, that school must

be named in the order.

(3)

Where the EHC plan does not specify the name of a school—

(a)

the authority must amend the plan so that it specifies the name

of a school, and

(b)

that school must then be named in the order.

(4)

An amendment to an EHC plan required to be made under subsection

(3) (a) is to be treated as if it were an amendment made following a

review under section 44 of the Children and Families Act 2014, and

that section and regulations made under it apply accordingly.

(5)

Where—

(a)

a school attendance order is in force in respect of a child for

whom the local authority maintain an EHC plan, and

(b)

the name of the school specified in the plan is changed,

the local authority must amend the order accordingly.

(6)

Where a school attendance order is in force in respect of a child who

subsequently becomes a child for whom the local authority maintain

an EHC plan which specifies the name of a school, the local authority

must ensure that school is named in the order.

436K

School attendance order for child with individual development plan

(Wales)

(1)

Where a local authority in Wales is required to serve a school

attendance order under section 436I in respect of a child for whom an

individual development plan is maintained in which a particular school

is named, that school must be named in the order.

(2)

Where—

(a)

a school attendance order is in force in respect of a child for

whom an individual development plan is maintained in which

a particular school is named, and

(b)

the name of the school specified in the plan is changed,

the local authority must amend the order accordingly.

(3)

Where a school attendance order is in force in respect of a child who

subsequently becomes a child for whom an individual development

plan is maintained in which a particular school is named, the local

authority must ensure that school is named in the order.

436L

School nomination notice for school attendance order

(1)

Before a local authority serves a school attendance order under section

436I on a person in respect of a child, other than a child for whom

the authority maintains an EHC plan or a child for whom an individual

development plan is maintained in which a particular school is named,

Page 69

the authority must serve a notice on the person under this section (a

“school nomination notice”).

(2)

A school nomination notice is a notice in writing—

(a)

informing the person of the local authority’s intention to serve

the order,

(b)

specifying the school which the authority intends to name in

the order and, if the authority considers it fit, one or more

other schools which it regards as suitable alternatives, and

(c)

stating the effect of subsections (3) to (6) .

For periods within which the school nomination notice must be served,

see section 436N (6) and (7) .

(3)

If the school nomination notice specifies one or more alternative schools

and the person selects one of them before the end of the period of 15

days beginning with the day on which the notice is served, the school

selected by the person must be named in the order.

(4)

If—

(a)

within the period mentioned in subsection (3) the person—

(i)

applies for the child to be admitted to a school which

is an Academy school or alternative provision Academy

and notifies the local authority which served the notice

of the application, or

(ii)

applies for the child to be admitted to a school

maintained by a local authority and, where that

authority is not the local authority which served the

notice, notifies the latter authority of the application,

and

(b)

the child is offered a place at the school as a result of the

application,

that school must be named in the school attendance order.

(5)

If—

(a)

within the period mentioned in subsection (3) the person

applies to the local authority by whom the notice was served

for education to be provided at a school which is not a school

maintained by a local authority, an Academy school or

alternative provision Academy, and

(b)

the child is offered a place at the school under arrangements

made by the authority under which the fees payable in respect

of the education provided at the school are to be paid by them

under section 517,

that school must be named in the school attendance order.

(6)

If, within the period mentioned in subsection (3) —

(a)

the person—

(i)

applies for the child to be admitted to a school which

is not maintained by a local authority, an Academy

Page 70

school or an alternative provision Academy and in

respect of which no application is made under

subsection (5) , and

(ii)

notifies the local authority by whom the notice was

served of the application,

(b)

the child is offered a place at the school as a result of the

application, and

(c)

the school is suitable to the child’s age, ability and aptitude

and to any special educational needs the child may have,

that school must be named in the school attendance order.

436M

School nomination notice: restrictions

(1)

A local authority may not specify a school in a school nomination

notice if the child is permanently excluded from it.

(2)

A local authority may not specify a maintained school or Academy

school in a school nomination notice if the admission of the child

would, because of the need to take measures to avoid failing to comply

with any duty applicable to the school in relation to class sizes,

prejudice the provision of efficient education or the efficient use of

resources.

(3)

A local authority may not specify a maintained school or Academy

school in a school nomination notice if, were the child concerned

admitted to the school in accordance with a school attendance order

resulting from the notice, the number of pupils at the school in the

child’s age group would exceed the relevant number.

(4)

The relevant number is—

(a)

in the case of a maintained school, the number determined in

accordance with section 88C or 89 of the School Standards and

Framework Act 1998 as the number of pupils in the child’s age

group which it is intended to admit to the school in the school

year in which the child would be admitted, or

(b)

in the case of an Academy school, the number determined in

accordance with the Academy arrangements relating to the

school or any enactment as the number of such pupils.

(5)

Subsection (3) does not prevent a local authority from specifying a

maintained school where the authority is responsible for determining

the arrangements for the admission of pupils to the school.

(6)

Subsection (3) also does not prevent a local authority from specifying

a maintained school or Academy school if—

(a)

in the opinion of the authority the school is a reasonable

distance from the home of the child, and

(b)

there is no maintained school or Academy school in their area

which—

Page 71

(i)

the authority could specify (apart from subsection (3) ),

and

(ii)

is in the opinion of the authority a reasonable distance

from the home of the child.

436N

School nomination notice: procedure

(1)

Before deciding to specify a maintained school, Academy school or

alternative provision Academy in a school nomination notice a local

authority must consult—

(a)

in the case of a maintained school—

(i)

the governing body, and

(ii)

if another local authority is responsible for determining

the arrangements for the admission of pupils to the

school, that authority, or

(b)

in the case of an Academy school or alternative provision

Academy, the proprietor.

(2)

Where a local authority decides to specify a maintained school,

Academy school or alternative provision Academy in a school

nomination notice the authority must, before serving the notice, serve

notice in writing of their decision on—

(a)

in the case of a maintained school—

(i)

the governing body,

(ii)

the head teacher, and

(iii)

if another local authority is responsible for determining

the arrangements for the admission of pupils to the

school, that authority, or

(b)

in the case of an Academy school or alternative provision

Academy—

(i)

the proprietor, and

(ii)

the principal.

(3)

A notice under subsection (2) must be served without delay, and in

any event before the end of the period of 15 days beginning with the

expiry of the period specified in the notice under section 436H .

(4)

A person on whom a notice is served under subsection (2) (a) (i) or (iii)

or (b) (i) may apply to the Secretary of State in relation to a school in

England, or to the Welsh Ministers in relation to a school in Wales,

for a direction under this section and, if they do so, must inform the

local authority which served the notice.

(5)

An application under subsection (4) must be made—

(a)

if the notice is served on a school day, before the end of the

period of 10 school days beginning with the day on which the

notice is served, or

Page 72

(b)

if the notice is served on a day that is not a school day, before

the end of the period of 10 school days beginning with the first

school day following the day on which the notice is served.

(6)

If the local authority which served a notice under subsection (2) is not

informed of an application under subsection (4) within the period

specified in subsection (5) , the authority must serve the school

nomination notice without delay, and in any event before the end of

the period of five days beginning with the day after the day on which

the period specified in subsection (5) ended.

(7)

Where the Secretary of State gives a direction under this section in

relation to a school in England or the Welsh Ministers give a direction

under this section in relation to a school in Wales—

(a)

the school or schools to be specified in the school nomination

notice are to be determined in accordance with the direction,

and

(b)

the school nomination notice must be served without delay,

and in any event before the end of the period of five days

beginning with the day after that on which the direction is

given.

(8)

If a local authority in England serves a notice under subsection (2)

specifying a school in Wales and an application for a direction is made

to the Welsh Ministers under subsection (4) in relation to that notice,

the direction under this section may only—

(a)

confirm that a school specified in the notice under subsection

(2) should be specified in the school nomination notice, or

(b)

refer the question of which school or schools should be

specified in the school nomination notice back to the local

authority to determine.

(9)

If a local authority in Wales serves a notice under subsection (2)

specifying a school in England, and an application for a direction is

made to the Secretary of State under subsection (4) in relation to that

notice, the direction under this section may only—

(a)

confirm that a school specified in the notice under subsection

(2) should be specified in the school nomination notice, or

(b)

refer the question of which school or schools should be

specified in the school nomination notice back to the local

authority to determine.

436O

Amendment of school attendance order

(1)

This section applies where a school attendance order under section

436I is in force in respect of a child, other than a child for whom the

local authority maintains an EHC plan or a child for whom an

individual development plan is maintained in which a particular school

is named.

Page 73

(2)

If at any time—

(a)

the person on whom the order is served applies for the child

to be admitted—

(i)

to a school maintained by a local authority, an Academy

school or an alternative provision Academy, and

(ii)

which is different from the school named in the order,

(b)

the child is offered a place at the school as a result of the

application, and

(c)

the person requests the authority that served the order to

amend the order by substituting that school for the one

currently named,

the authority must comply with the request.

(3)

If at any time—

(a)

the person on whom the order is served applies to the authority

for the child to be admitted—

(i)

to a school not maintained by a local authority, an

Academy school or an alternative provision Academy,

and

(ii)

which is different from the school named in the order,

(b)

the child is offered a place at the school under arrangements

made by the authority under which the fees payable in respect

of the education provided at the school are to be paid by the

authority under section 517, and

(c)

the person requests the authority to amend the order by

substituting that school for the one currently named,

the authority must comply with the request.

(4)

If at any time—

(a)

the person on whom the order is served applies for the child

to be admitted—

(i)

to a school not maintained by a local authority, an

Academy school or an alternative provision Academy,

(ii)

which is different from the school named in the order,

and

(iii)

in respect of which no application is made under

subsection (3) ,

(b)

the child is offered a place at the school as a result of the

application,

(c)

the school is suitable to the child’s age, ability and aptitude

and to any special educational needs the child may have, and

(d)

the person requests the authority to amend the order by

substituting that school for the one currently named,

the authority must comply with the request.

Page 74

436P

Revocation of school attendance order

(1)

This section applies where a school attendance order made by a local

authority under section 436I is in force in respect of a child.

(2)

The local authority must revoke the order if—

(a)

the order was served following a preliminary notice under

section 436H in which the only condition cited was condition

(b)

the local authority is no longer conducting enquiries or taking

action in respect of the child as mentioned in section 436H (5) (a)

, and

(c)

the local authority is not aware of any other enquiries being

made under section 47 of the Children Act 1989 or of any other

action being taken under section 47(8) of that Act in respect of

the child.

(3)

The person on whom the order is served may at any time request the

local authority to revoke the order on the ground that arrangements

have been made—

(a)

for the child to receive suitable education otherwise than at a

school, where the order was served—

(i)

as a result of the person failing to satisfy the local

authority that the child is receiving suitable education,

(ii)

as a result of the person failing to satisfy the local

authority both that the child is receiving suitable

education and that it is in the best interests of the child

to receive education otherwise than by regular

attendance at school, where subsection (2) (b) and (c)

applies;

(b)

for the child to receive education, otherwise than at a school,

that is in their best interests, where the order was served as a

result of the person failing to satisfy the local authority that it

is in the best interests of the child to receive education

otherwise than by regular attendance at school.

(4)

The authority must comply with a request under subsection (3) , unless

the authority is of the opinion that the arrangements mentioned in

subsection (3) (a) or (b) , or both, as the case may be, have not been

made for the child.

(5)

If a person is aggrieved by a refusal of a local authority in England

to comply with a request under subsection (3) —

(a)

the person may refer the question to the Secretary of State, and

(b)

the Secretary of State must give such direction determining the

question as the Secretary of State considers appropriate.

(6)

If a person is aggrieved by a refusal of a local authority in Wales to

comply with a request under subsection (3) —

Page 75

(a)

the person may refer the question to the Welsh Ministers, and

(b)

the Welsh Ministers must give such direction determining the

question as the Welsh Ministers consider appropriate.

(7)

Where the child is one for whom the local authority maintains an EHC

plan—

(a)

if the name of a school or other institution is specified in the

EHC plan, subsection (3) does not apply;

(b)

if the name of a school or other institution is not specified in

the EHC plan, a direction under subsection (5) (b) may require

the authority to make such amendments in the plan as the

Secretary of State considers necessary or expedient in

consequence of the determination.

(8)

Where the child is one for whom the local authority maintains an

individual development plan—

(a)

if the name of a school or other institution is specified in the

plan, subsection (3) does not apply;

(b)

if the name of a school or other institution is not specified in

the plan, a direction under subsection (6) (b) may require the

authority to make such amendments in the plan as the Welsh

Ministers consider necessary or expedient in consequence of

the determination.

436Q

Offence of failure to comply with school attendance order

(1)

If a person on whom a school attendance order under section 436I is

served fails to comply with the requirements of the order, the person

is guilty of an offence.

(2)

Subsection (1) does not apply if—

(a)

the person proves that arrangements have been made for the

child to receive suitable education otherwise than at a school,

where the order was served as a result of the person failing to

satisfy the local authority that the child is receiving suitable

education,

(b)

the person proves that arrangements have been made for the

child to receive education, otherwise than at a school, that is

in their best interests, where the order was served as a result

of the person failing to satisfy the local authority that it is in

the best interests of the child to receive education otherwise

than by regular attendance at school,

(c)

section 436H (5) (a) is no longer met in respect of the child,

where the order was served following a preliminary notice

under section 436H which cited only condition B, or

(d)

both—

(i)

the person proves that arrangements have been made

for the child to receive suitable education otherwise

than at a school, and

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(ii)

section 436H (5) (a) is no longer met in respect of the

child,

where the order was served following a preliminary notice

under section 436H which cited condition B and another

condition.

(3)

The reference in subsection (1) to failure to comply with the

requirements of a school attendance order includes causing a child to

cease to be registered at the school named in the school attendance

order.

(4)

Subsection (3) does not apply in circumstances where—

(a)

the school has, pursuant to section 436J , 436K or 436O , ceased

to be the school named in the school attendance order, or

(b)

the school attendance order has been revoked pursuant to

section 436P .

(5)

A person who—

(a)

fails to comply with the requirements of a school attendance

order under section 436I by not causing a child to become a

registered pupil at the school named in the order, and

(b)

is convicted of an offence under this section in respect of the

failure,

may be found guilty of an offence under this section again if the failure

continues.

(6)

If, in proceedings for an offence under this section, the person is

acquitted, the court may direct that the school attendance order ceases

to be in force.

(7)

A direction under subsection (6) does not affect the duty of the local

authority to take further action under section 436I if at any time the

authority is of the opinion that, having regard to any change of

circumstances, it is expedient to do so.

(8)

A person who commits an offence under this section is liable on

summary conviction to imprisonment for a term not exceeding the

maximum term for summary offences or a fine not exceeding level 4

on the standard scale (or both).

(9)

In subsection (8) , “the maximum term for summary offences” means—

(a)

if the offence is committed before the time when section 281(5)

of the Criminal Justice Act 2003 comes into force, six months;

(b)

if the offence is committed after that time, 51 weeks.

436R

References to “Academy school” and “Academy arrangements”

(1)

In sections 436I and 436L to 436O , a reference to an Academy school

includes a reference to a city technology college and a city college for

the technology of the arts.

Page 77

(2)

The reference in section 436M to Academy arrangements includes a

reference to an agreement under section 482.

436S

References to “regulations” and “prescribed”

(1)

In sections 436B (6) , 436C (4) and 436E (7) “regulations” means—

(a)

regulations made by the Secretary of State in relation to

England, and

(b)

regulations made by the Welsh Ministers in relation to Wales.

(2)

In sections 436C , 436E , 436F , 436I and paragraph 5 of Schedule 31A

“prescribed” means—

(a)

prescribed by regulations made by the Secretary of State in

relation to England, and

(b)

prescribed by regulations made by the Welsh Ministers in

relation to Wales.”

(3)

In section 572 (service of notices and other documents), at the end insert—

“(4)

This section does not preclude any notice or order under sections 436H

to 436P (which relate to school attendance orders) from being served

by any other effective method.”

(4)

In Schedule 1 (pupil referral units), for paragraph 14 substitute—

“14

(1)

Where a pupil referral unit is named in a school attendance order

made by a local authority under section 436I —

(a)

the local authority must without delay, and in any event

within the period of five days referred to in section 436I (6) (a)

inform the teacher in charge of the unit, and

(b)

if another local authority is responsible for determining the

arrangements for the admission of pupils in the unit, that

authority must admit the child to the unit,

but paragraph (b) above does not affect any power to exclude from

a unit a pupil who is already a registered pupil there.

(2)

Section 436L (4) does not apply in relation to a pupil referral unit.

(3)

A local authority—

(a)

must, in a case where another local authority is responsible

for the admission of pupils to a pupil referral unit, consult

that authority before deciding to specify that unit in a school

nomination notice under section 436L , and

(b)

if the authority decides to specify the unit in the notice, must

serve notice in writing of their decision on that authority.

(4)

Section 436N (3) to (9) applies where notice is served on a local

authority under sub-paragraph (3) above as it applies where notice

is served under section 436N (2) .

(5)

The parent of a child in respect of whom a school attendance order

under section 436I is in force may not under section 436O request

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the local authority to amend the order by substituting a pupil

referral unit for the school named in the order.

(6)

Where a child is a registered pupil at both a pupil referral unit and

at a school other than such a unit, the references in section 444 to

the school at which the child is a registered pupil are to be read as

references to the unit.”

Children not in school: processing of information

After section 436S of the Education Act 1996 (as inserted by section 32 ) insert—

“Children not in school and school attendance orders: processing of information

436T

Processing of information

(1)

This section applies to section 434A , sections 436B to 436Q and

Schedule 31A , and provisions of regulations made under any of those

provisions.

(2)

Except as provided by subsection (3) , a disclosure of information

authorised or required under any provision to which this section

applies does not breach—

(a)

any obligation of confidence owed by the person making the

disclosure, or

(b)

any other restriction on the disclosure of information (however

imposed).

(3)

None of the provisions to which this section applies are to be read as

requiring or authorising the processing of information which would

contravene the data protection legislation (but in determining whether

the processing would do so, take into account the duty imposed or

the power conferred by the provision in question).

(4)

In this section, “the data protection legislation” and “processing” have

the same meaning as in the Data Protection Act 2018 (see section 3 of

that Act).”

Guidance on children not in school and school attendance orders

After section 436T of the Education Act 1996 (as inserted by section 33 ) insert—

“Guidance on children not in school and school attendance orders

436U

Guidance

In exercising its functions under sections 436B to 436P , a local authority

must have regard to—

(a)

in the case of a local authority in England, any guidance given

by the Secretary of State;

(b)

in the case of a local authority in Wales, any guidance given

by the Welsh Ministers.”

Page 79

Children not in school: consequential amendments

Schedule 2 contains consequential amendments relating to section 32 .

Independent educational institutions

Expanding the scope of regulation

(1)

The Education and Skills Act 2008 is amended as follows.

(2)

For section 92 (meaning of “independent educational institution”) substitute—

“92

Independent educational institutions in England

(1)

The following are independent educational institutions for the purposes

of this Chapter—

(a)

independent schools in England;

(b)

institutions in England, other than independent schools and

excepted institutions, that provide full-time education for—

(i)

at least five children of compulsory school age, or

(ii)

at least one child of compulsory school age who is

looked after by a local authority or has special

educational needs.

(2)

The following subsections apply for the purposes of subsection (1) (b)

(and see section 138(1A) for provision about the meaning of an

institution providing education).

(3)

Regulations may—

(a)

specify that an amount of time is or is not to be treated as

“full-time” by reference to a number of hours in, or a proportion

of, a week or other period, or in any other way;

(b)

provide that time spent on a specified activity or on an activity

of a specified description is or is not to be treated as time

during which education is being provided;

(c)

amend subsection (4) so as to add, remove or amend factors;

(d)

amend this section so as to add, remove or amend provision

about the interpretation of the factors in subsection (4) .

(4)

If, or to the extent that, the question of whether an institution provides

full-time education for a child is not determined by regulations under

subsection (3) (a) or (b) , the factors relevant to determining that question

include—

(a)

the number of hours per week that—

(i)

education is provided to children by the institution;

(ii)

activities incidental to that education (such as breaks

and independent study time) are provided;

(b)

the number of weeks in an academic year that education is

provided;

(c)

the time of day that education is provided.

Page 80

(5)

An academic year means a period of 12 months ending with 31 August.

(6)

A child has special educational needs if an EHC plan or an individual

development plan is maintained for the child (see section 579 (1) of

the Education Act 1996 for the meaning of “EHC plan” and “individual

development plan”).

(7)

A reference to a child who is looked after by a local authority is to be

read—

(a)

in relation to a local authority in England, in accordance with

section 22 of the Children Act 1989 ;

(b)

in relation to a local authority in Wales, in accordance with

section 74 of the Social Services and Well-being (Wales) Act

2014 (anaw 4).

(8)

The following are excepted institutions—

(a)

an institution that provides only early years provision;

(b)

a school maintained by a local authority;

(c)

a school approved under section 342 of the Education Act 1996

(approval of non-maintained special schools);

(d)

a 16 to 19 Academy;

(e)

an institution that is within the further education sector or the

wider higher education sector;

(f)

a secure college, secure training centre or young offender

institution;

(g)

an institution of a description specified in regulations.

(9)

For provision regulating independent schools in Wales, see Chapter

1 of Part 10 of the Education Act 2002 .”

(3)

Omit section 93 (application of Chapter to institutions in England only).

(4)

Omit section 93A (application of Chapter to alternative provision Academies

that are not independent educational institutions).

(5)

In section 98 (3) (information to be included in registration application), omit

paragraph (a) .

(6)

In section 99 (5) (content of entry in register), for “98(3)(a)” substitute “98(3)(b)”.

(7)

In section 132 (power to apply provisions of Chapter 1 of Part 4 to

independent post-16 colleges)—

(a)

in subsection (2) (a) (ii) , for “student” substitute “person”;

(b)

in subsection (4) (b) (i) , for “a student” substitute “provided with

education and training”.

(8)

In section 138 (interpretation of Chapter 1 of Part 4)—

(a)

in subsection (1) , for the definition of “student” substitute—

““student” , in relation to an independent educational institution,

means a person for whom education is provided at the

institution, other than—

Page 81

(a)

a person who has attained the age of 19 and for whom

further education is provided, or

(b)

a person for whom part-time education suitable to the

requirements of persons of any age over compulsory

school age is provided;”;

(b)

after subsection (1) insert—

“(1A)

For the purposes of this Chapter, education is provided at an

institution if the institution provides instruction or guidance

on any matter (and for this purpose it does not matter whether,

or by whom, students attending the institution are supervised).”

(9)

In section 166 (2) (instruments subject to affirmative procedure), after paragraph

(f) insert—

“(fa)

regulations under section 92 ,”.

Independent educational institution standards

(1)

The Education and Skills Act 2008 is amended as follows.

(2)

In section 94 (independent educational institution standards)—

(a)

after subsection (1) insert—

“(1A)

A standard within subsection (1)(d) in relation to a proprietor

may be prescribed by reference—

(a)

in the case of a proprietor which is a body of persons—

(i)

to whether persons having general control and

management of, or legal responsibility and

accountability for, the proprietor are, in the

opinion of the Secretary of State, fit and proper

persons to be involved in the running of an

independent educational institution;

(ii)

to whether the Secretary of State is notified

before a new person becomes involved in the

general control and management of, or assumes

legal responsibility and accountability for, the

proprietor;

(b)

in the case of a proprietor which is an individual, to

whether that individual is, in the opinion of the

Secretary of State, a fit and proper person to be involved

in the running of an independent educational

institution.”;

(b)

after subsection (3) insert—

“(3A)

A standard may be prescribed by reference to whether or not

the proprietor of an independent educational institution has

regard to guidance issued, or a document published, by the

Secretary of State from time to time.”

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(3)

After section 99 insert—

“99A

Inspections on appeal against decision not to register

(1)

Where an appeal is brought under section 125(1)(a) against a decision

under section 99(2) (standards not likely to be met on registration),

the Secretary of State may direct the Chief Inspector to—

(a)

inspect the institution which is the subject of the appeal, and

(b)

make a report to the Secretary of State on the extent to which

any relevant standard is likely to be met in relation to the

institution once it becomes a registered independent educational

institution.

(2)

In this section “any relevant standard” means any independent

educational institution standard that is—

(a)

specified in the direction by the Secretary of State for the

purposes of the inspection, or

(b)

considered to be relevant by the Chief Inspector in the

circumstances of the case.”

(4)

After section 118 insert—

“118A

Suspension of registration

(1)

The Secretary of State may suspend the registration of an independent

educational institution if—

(a)

the Secretary of State is satisfied that one or more of the

independent educational institution standards are not being

met in relation to the institution, and

(b)

the Secretary of State has reasonable cause to believe that, as

a result, one or more students at the institution will or may be

exposed to the risk of harm.

(2)

In determining the matters in subsection (1)(a) and (b), the Secretary

of State must (in particular) take account of any information provided

by the Chief Inspector or an independent inspectorate that is relevant.

(3)

Before suspending the registration of an institution, the Secretary of

State must give the proprietor of the institution a warning notice—

(a)

stating that the Secretary of State is proposing to suspend the

registration of the institution and explaining the effect of a

suspension,

(b)

specifying the dates on which the Secretary of State proposes

to start and end the suspension,

(c)

identifying the standard or standards that are not being met,

which the Secretary of State believes will or may result in one

or more students being exposed to the risk of harm,

(d)

setting out the grounds for that belief, and

(e)

specifying the period during which the proprietor may make

representations about the proposed suspension (the “specified

period”).

Page 83

(4)

The Secretary of State must have regard to any representations made

by the proprietor during the specified period in deciding whether to

suspend the institution’s registration.

(5)

Where the Secretary of State decides not to suspend the institution’s

registration, the Secretary of State must give the proprietor of the

institution a notice informing the proprietor of the decision.

(6)

Where the Secretary of State decides to suspend the institution’s

registration, the Secretary of State must give the proprietor of the

institution a notice informing the proprietor of the decision and—

(a)

specifying the date on which the suspension starts,

(b)

specifying the date on which the suspension ends, which must

be no more than 12 weeks after the suspension starts, and

(c)

explaining the right of appeal conferred by section 125.

(7)

Subsections (3) to (6) do not apply where the Secretary of State

considers that, in order to protect one or more students at the

institution from the risk of harm, it is necessary to suspend an

institution’s registration without first seeking representations.

(8)

In such a case, the Secretary of State must, as soon as reasonably

practicable after deciding to suspend the institution’s registration, give

the proprietor a notice—

(a)

stating that the Secretary of State has decided to suspend the

registration of the institution and explaining the effect of a

suspension,

(b)

identifying the standard or standards that are not being met,

which the Secretary of State believes will or may result in one

or more students being exposed to the risk of harm,

(c)

setting out the grounds for that belief,

(d)

specifying the date on which the suspension starts,

(e)

specifying the date on which the suspension ends, which must

be no more than 12 weeks after the suspension starts, and

(f)

explaining the right of appeal conferred by section 125.

(9)

The suspension of an institution’s registration does not affect the

continuation of the registration (but see section 118C : offence of

providing education at an institution when its registration is

suspended).

(10)

Where an institution’s registration is suspended, the Secretary of State

must include an indication to that effect on the register for the period

of the suspension.

(11)

For the purposes of this section and section 118B “harm” has the

meaning given by section 31 (9) of the Children Act 1989 .

118B

Period of suspension

(1)

A suspension under section 118A —

Page 84

(a)

takes effect on the date specified in the notice of suspension

under section 118A (6) or (8) , and

(b)

ends on the date specified in that notice, subject to subsections

(2) to (4) .

(2)

The Secretary of State must lift a suspension of an institution’s

registration if the condition mentioned in section 118A (1) (b) is no

longer met.

(3)

The Secretary of State may lift a suspension of an institution’s

registration if the Secretary of State considers it appropriate to do so.

(4)

The Secretary of State may extend a suspension of an institution’s

registration for a period of not more than 12 weeks if the conditions

mentioned in paragraphs (a) and (b) of section 118A (1) are still met.

(5)

Before extending a suspension of an institution’s registration, the

Secretary of State must give the proprietor of the institution a warning

notice—

(a)

stating that the Secretary of State is proposing to extend the

suspension,

(b)

specifying the date on which the Secretary of State proposes

to end the extension,

(c)

identifying the standard or standards that are not being met,

which the Secretary of State believes will or may result in one

or more students being exposed to the risk of harm (which

need not be the same standards mentioned in the notice for

the previous period of suspension),

(d)

setting out the grounds for that belief (which need not be the

same grounds mentioned in the notice for the previous period

of suspension), and

(e)

specifying the period during which the proprietor may make

representations about the proposed extension (the “specified

period”).

(6)

The Secretary of State must have regard to any representations made

by the proprietor during the specified period in deciding whether to

extend the suspension.

(7)

Where the Secretary of State decides not to extend the suspension, the

Secretary of State must give the proprietor of the institution a notice

informing the proprietor of the decision.

(8)

Where the Secretary of State decides to extend the suspension, the

Secretary of State must give the proprietor a notice informing the

proprietor of the decision and—

(a)

specifying the date on which the extension ends, and

(b)

explaining the right of appeal conferred by section 125.

(9)

Subsections (5) to (8) do not apply where the Secretary of State

considers that, in order to protect one or more students at the

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institution from the risk of harm, it is necessary to extend the

suspension of an institution’s registration without first seeking

representations.

(10)

In such a case, the Secretary of State must, as soon as reasonably

practicable after deciding to extend the suspension, give the proprietor

a notice—

(a)

stating that the Secretary of State has decided to extend the

suspension,

(b)

identifying the standard or standards that are not being met,

which the Secretary of State believes will or may result in one

or more students being exposed to the risk of harm (which

need not be the same standards mentioned in the notice for

the previous period of suspension),

(c)

setting out the grounds for that belief (which need not be the

same grounds mentioned in the notice for the previous period

of suspension),

(d)

specifying the date on which the extension ends, which must

be no more than 12 weeks after the extension starts, and

(e)

explaining the right of appeal conferred by section 125.

(11)

Where the Secretary of State extends the suspension of an institution’s

registration, the suspension lasts until the date specified in the notice

under subsection (8) (a) or (10) (d) , unless it is lifted under subsection

(2) or (3) or extended again under subsection (4) .

118C

Offence of conducting institution when its registration is suspended

(1)

The proprietor of an independent educational institution that provides

education or supervised activity to one or more students while its

registration is suspended is guilty of an offence.

(2)

It is a defence for a person charged with an offence under subsection

(1) to prove that—

(a)

they and the head teacher of the institution (if a different

person) did not know and could not reasonably have been

expected to know of the existence of the notice given under

section 118A or 118B that caused the suspension to have effect

at the time of the alleged offence, or

(b)

the conduct prohibited by subsection (1) ceased as soon as

reasonably practicable after that notice was given.

(3)

A person guilty of an offence under subsection (1) is liable on summary

conviction to imprisonment for a term not exceeding the maximum

term for summary offences or to a fine (or to both).

(4)

“The maximum term for summary offences” means—

(a)

if the offence is committed before the time when section 281 (5)

of the Criminal Justice Act 2003 (alteration of penalties for

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certain summary offences: England and Wales) comes into

force, six months;

(b)

if the offence is committed after that time, 51 weeks.

(5)

For the purposes of this section “supervised activity” does not include

the boarding of students (see section 118D for provision about stopping

boarding).

118D

Suspension of registration: requirement to stop providing boarding

accommodation

(1)

Where the Secretary of State suspends the registration of a boarding

institution, the Secretary of State may impose on the proprietor of the

institution a requirement to stop providing boarding accommodation

to its students (a “stop boarding requirement”).

(2)

A stop boarding requirement may relate to all boarders at the

institution or boarders of a particular description.

(3)

Before imposing a stop boarding requirement on the proprietor of a

boarding institution, the Secretary of State must give the proprietor

notice in accordance with—

(a)

subsections (4) and (8) ,

(b)

subsection (9) , or

(c)

in the case of a new stop boarding requirement imposed under

section 118E , that section.

(4)

Where the Secretary of State gives a warning notice under section

118A (3) (notice of proposed suspension of registration) to the proprietor

of a boarding institution, the notice must also—

(a)

state whether the Secretary of State is proposing to impose a

stop boarding requirement, and

(b)

if the Secretary of State is proposing to do so—

(i)

explain the effect of a stop boarding requirement,

(ii)

specify whether the proposed requirement would relate

to all boarders at the institution or, if not, the

description of boarders to whom it would relate,

(iii)

specify the dates on which the Secretary of State

proposes to start and end the requirement, and

(iv)

explain that the proprietor may make representations

about the proposed requirement during the period

specified in the notice for representations about the

proposed suspension (the “specified period”).

(5)

The Secretary of State must have regard to any representations made

by the proprietor during the specified period in deciding whether to

impose a stop boarding requirement.

(6)

Subsections (7) and (8) apply where the Secretary of State has given

the proprietor of a boarding institution a warning notice under section

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118A (3) which states that the Secretary of State is proposing to impose

a stop boarding requirement.

(7)

Where the Secretary of State decides not to impose a stop boarding

requirement on the proprietor of the institution—

(a)

in a case where the Secretary of State also decides not to

suspend the institution’s registration, the Secretary of State

must give the proprietor a notice of the decision not to impose

a stop boarding requirement at the same time as the Secretary

of State gives the notice under section 118A (5) ;

(b)

in a case where the Secretary of State decides to suspend the

institution’s registration, the notice under section 118A (6)

(notice of decision to suspend registration following warning

notice) must state that the Secretary of State has decided not

to impose a stop boarding requirement.

(8)

Where the Secretary of State decides to impose a stop boarding

requirement on the proprietor of the institution, the notice under

section 118A (6) (notice of decision to suspend registration following

warning notice) given to the proprietor must also inform the proprietor

of that decision and—

(a)

specify whether the requirement relates to all boarders at the

institution or, if not, the description of boarders to whom it

relates,

(b)

specify the date on which the requirement starts, which may

be on the same date as the suspension starts or on a later date,

(c)

specify the date on which the requirement ends, which may

be on the same date as the suspension ends or on an earlier

date, and

(d)

explain the right of appeal conferred by section 125.

(9)

Where the Secretary of State decides to impose a stop boarding

requirement on the proprietor of a boarding institution in a case where

the Secretary of State has not given the proprietor a warning notice

under section 118A (3) (see section 118A (7) ), the notice under section

118A (8) (notice of decision to suspend registration in urgent cases)

given to the proprietor must also—

(a)

state that the Secretary of State has decided to impose a stop

boarding requirement and explain the effect of a stop boarding

requirement,

(b)

specify whether the requirement relates to all boarders at the

institution or, if not, the description of boarders to whom it

relates,

(c)

specify the date on which the requirement starts, which may

be on the same date as the suspension starts or on a later date,

(d)

specify the date on which the requirement ends, which may

be on the same date as the suspension ends or on an earlier

date, and

(e)

explain the right of appeal conferred by section 125.

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(10)

Where a stop boarding requirement is imposed in relation to a

boarding institution, the Secretary of State must include an indication

to that effect on the register for the period of the requirement.

(11)

In this section and sections 118E and 118F —

“boarding institution” means an independent educational

institution that provides boarding accommodation for some or

all of its students;

“stop boarding requirement” has the meaning given in subsection

(1) ;

and references to an institution providing boarding accommodation

to students include an institution arranging for boarding

accommodation to be provided to its students by another person.

118E

Period of stop boarding requirement

(1)

A stop boarding requirement—

(a)

takes effect—

(i)

on the date specified in the notice of suspension under

section 118A (6) or (8) (see section 118D (8) and (9) ), or

(ii)

in the case of a new stop boarding requirement imposed

under this section, on the date specified in the notice

of extension under section 118B (8) or (10) (see

subsections (10) and (11) ), and

(b)

ends on the date specified in that notice, subject to subsections

(2) to (4) .

(2)

A stop boarding requirement imposed on the proprietor of a boarding

institution ends if the suspension of the institution’s registration is

lifted (see section 118B (2) and (3) ).

(3)

The Secretary of State may end a stop boarding requirement early if

the Secretary of State considers it appropriate to do so.

(4)

Where the Secretary of State extends the suspension of a boarding

institution’s registration, the Secretary of State may—

(a)

extend an existing stop boarding requirement, or

(b)

impose a new stop boarding requirement (either where no such

requirement was imposed previously, or to replace a previous

requirement with one with different terms).

(5)

Before extending an existing stop boarding requirement or imposing

a new one under this section, the Secretary of State must give the

proprietor notice in accordance with—

(a)

subsections (6) and (10) , or

(b)

subsection (11) .

(6)

Where the Secretary of State gives a warning notice to the proprietor

of a boarding institution under section 118B (5) (notice of proposed

extension of suspension), the notice must also—

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(a)

state whether the Secretary of State is proposing to extend an

existing stop boarding requirement or impose a new one,

(b)

if the Secretary of State is proposing to impose a new stop

boarding requirement—

(i)

explain the effect of a stop boarding requirement,

(ii)

specify whether the proposed requirement would relate

to all boarders at the institution or, if not, the

description of boarders to whom it would relate,

(iii)

specify the dates on which the Secretary of State

proposes to start and end the requirement, and

(iv)

explain that the proprietor may make representations

about the proposed requirement during the period

specified in the notice for representations about the

proposed extension of the institution’s suspension (the

“specified period”);

(c)

if the Secretary of State is proposing to extend an existing stop

boarding requirement—

(i)

specify the date on which the Secretary of State proposes

to end the extension, and

(ii)

explain that the proprietor may make representations

about the proposed extension of the stop boarding

requirement during the period specified in the notice

for representations about the proposed extension of the

institution’s suspension (the “specified period”).

(7)

The Secretary of State must have regard to any representations made

by the proprietor during the specified period in deciding whether to

extend an existing stop boarding requirement or impose a new one.

(8)

Subsections (9) and (10) apply where the Secretary of State has given

the proprietor of a boarding institution a warning notice under section

118B (5) (notice of proposed extension of suspension) which states that

the Secretary of State is proposing to impose or extend a stop boarding

requirement.

(9)

Where the Secretary of State decides not to impose or extend a stop

boarding requirement on the proprietor of the institution—

(a)

in a case where the Secretary of State also decides not to extend

the suspension of the institution’s registration, the Secretary

of State must give the proprietor a notice of the decision not

to impose a stop boarding requirement at the same time as the

Secretary of State gives the notice under section 118B (7) ;

(b)

in a case where the Secretary of State decides to extend the

suspension of the institution’s registration, the notice under

section 118B (8) (notice of decision to extend suspension

following warning notice) must state that the Secretary of State

has decided not to impose or extend a stop boarding

requirement.

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(10)

Where the Secretary of State decides to impose or extend a stop

boarding requirement on the proprietor of a boarding institution, the

notice under section 118B (8) (notice of decision to extend suspension

following warning notice) given to the proprietor must also inform

the proprietor of the decision and—

(a)

in the case of a decision to impose a new stop boarding

requirement—

(i)

specify whether the requirement relates to all boarders

at the institution or, if not, the description of boarders

to whom it relates,

(ii)

specify the date on which the requirement starts,

(iii)

specify the date on which the requirement ends, which

may be on the date that the suspension ends or an

earlier date, and

(iv)

explain the right of appeal conferred by section 125;

(b)

in the case of a decision to extend a stop boarding

requirement—

(i)

specify the date on which the extension ends, which

may be on the date that the suspension ends or an

earlier date, and

(ii)

explain the right of appeal conferred by section 125.

(11)

Where the Secretary of State decides to impose or extend a stop

boarding requirement on the proprietor of a boarding institution in a

case where the Secretary of State has not given the proprietor a

warning notice under section 118B (5) (see section 118B (9) ), the notice

under section 118B (10) (notice of decision to extend suspension in

urgent cases) given to the proprietor must also inform the proprietor

of the decision and—

(a)

in the case of a decision to impose a new stop boarding

requirement—

(i)

explain the effect of a stop boarding requirement,

(ii)

specify whether the requirement relates to all boarders

at the institution or, if not, the description of boarders

to whom it relates,

(iii)

specify the date on which the requirement ends, which

may be on the date that the suspension ends or an

earlier date, and

(iv)

explain the right of appeal conferred by section 125;

(b)

in the case of a decision to extend a stop boarding

requirement—

(i)

specify the date on which the requirement ends, which

may be on the date that the suspension ends or an

earlier date, and

(ii)

explain the right of appeal conferred by section 125.

(12)

Where the Secretary of State extends a stop boarding requirement

under this section, the requirement lasts until the date specified in the

Page 91

notice under section 118B (8) or (10) (see subsections (10) and (11) ),

unless it ends earlier by virtue of subsection (2) or (3) or is extended

again under subsection (4) (a) .

118F

Offence of providing boarding accommodation in breach of stop

boarding requirement

(1)

The proprietor of a boarding institution that provides boarding

accommodation to a student in breach of a stop boarding requirement

is guilty of an offence.

(2)

It is a defence for a person charged with an offence under subsection

(1) to prove that—

(a)

they and the head teacher of the institution (if a different

person) did not know and could not reasonably have been

expected to know of the existence of the notice given under

section 118A or 118B that caused the stop boarding requirement

to have effect at the time of the alleged offence, or

(b)

the conduct prohibited by subsection (1) ceased as soon as

reasonably practicable after that notice was given.

(3)

A person guilty of an offence under subsection (1) is liable on summary

conviction to imprisonment for a term not exceeding the maximum

term for summary offences or to a fine (or to both).

(4)

“The maximum term for summary offences” means—

(a)

if the offence is committed before the time when section 281 (5)

of the Criminal Justice Act 2003 (alteration of penalties for

certain summary offences: England and Wales) comes into

force, six months;

(b)

if the offence is committed after that time, 51 weeks.

(5)

If boarding accommodation is provided under an arrangement between

a boarding institution and another person, it is irrelevant for the

purposes of this section when that arrangement was made.”

(5)

In section 124 (appeal by proprietor against decision of Secretary of State to

deregister), after subsection (4) insert—

“(4A)

Where the Tribunal is considering disposing under subsection (3)(b)

or (c) of an appeal under subsection (1)(d), it must—

(a)

have due regard to the principle that the independent

educational institution standards should be met, and to the

likelihood that they will be met in relation to the institution

which is the subject of the appeal, on an ongoing basis, and

(b)

for that purpose, assume those standards will not be met in

relation to the institution on an ongoing basis unless its

proprietor adduces sufficient evidence in the course of the

appeal to satisfy the Tribunal that they will be.”

Page 92

(6)

In section 125 (appeal by proprietor against other decisions of Secretary of

State)—

(a)

in subsection (1) —

(i)

omit the “or” at the end of paragraph (c) ;

(ii)

after paragraph (d) insert—

“(e)

section 118A (1) (suspension of registration),

(f)

section 118B (4) (extension of suspension),

(g)

section 118D (1) or 118E (4) (b) (imposition of stop

boarding requirement), or

(h)

section 118E (4) (a) (extension of stop boarding

requirement).”;

(b)

after subsection (7) insert—

“(8)

On an appeal under subsection (1)(e) or (f), the Tribunal may—

(a)

confirm the suspension, or

(b)

direct that the suspension is to cease to have effect.

(9)

On an appeal under subsection (1)(g) or (h), the Tribunal may—

(a)

confirm the requirement, or

(b)

direct that the requirement is to cease to have effect.

(10)

Tribunal Procedure Rules may make provision for the

suspension by the Tribunal of a decision under any of the

following provisions, whether or not the decision has already

taken effect—

(a)

section 118A (1) (suspension of registration),

(b)

section 118B (4) (extension of suspension),

(c)

section 118D (1) or 118E (4) (b) (imposition of stop

boarding requirement), or

(d)

section 118E (4) (a) (extension of stop boarding

requirement).”

(7)

After section 127 insert—

“127A

Determination by Tribunal of whether persons are fit and proper

(1)

This section applies where the question of whether an institution meets,

has met or is likely to meet an independent educational institution

standard prescribed under section 94 (1A) (a) (i) or (b) (fit and proper

persons) is relevant to an application or appeal to the Tribunal under

this Chapter.

(2)

The Tribunal may determine that question for the purposes of the

application or appeal, including by finding that a relevant person is,

was or would be a fit and proper person to be involved in the running

of an independent educational institution even if the Secretary of State

is not of that opinion.

(3)

“Relevant person” means—

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(a)

where the proprietor or proposed proprietor of the institution

mentioned in subsection (1) is a body of persons, a person

having, or proposed to have, general control and management

of, or legal responsibility and accountability for, the proprietor

or proposed proprietor;

(b)

where the proprietor or proposed proprietor of the institution

mentioned in subsection (1) is an individual, the individual.”

(8)

The amendment made by subsection (5) does not apply in relation to a

decision taken by the Secretary of State under section 116 (1) (b) of the

Education and Skills Act 2008 before the coming into force of subsection (5) .

Unregistered independent educational institutions: prevention orders

(1)

In section 96 of the Education and Skills Act 2008 (unregistered independent

educational institutions: offence), after subsection (4) insert—

“(5)

Schedule A1 makes provision enabling a court to make a prevention

order where a person is convicted of an offence under this section.”

(2)

Before Schedule 1 to that Act insert—

“Schedule A1

Section 96

Unregistered independent educational institutions: prevention orders

Making a prevention order

(1)

Where a person (the “defendant”) is convicted of an offence under

section 96 (conducting an unregistered independent educational

institution), the prosecution may apply for a prevention order before

the defendant is sentenced for the offence.

(2)

On an application under sub-paragraph (1) , the court may make a

prevention order if it thinks it is appropriate to do so for the purpose

of protecting children from the risk of harm (within the meaning

of section 31 (9) of the Children Act 1989 ) arising from the

defendant—

(a)

conducting an unregistered independent educational

institution, or

(b)

otherwise providing children with education, childcare,

instruction or supervision.

(3)

A prevention order is an order which, for the purpose mentioned

in sub-paragraph (2) —

(a)

requires the defendant to do anything specified in the order,

(b)

prohibits the defendant from doing anything specified in

the order.

(4)

The court may make a prevention order in respect of the defendant

only if it is made in addition to—

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(a)

a sentence imposed in respect of the offence under section

96, or

(b)

an order discharging the offender conditionally.

(5)

If, following an application by the prosecution for a prevention

order, the court decides not to make such an order, it must state in

open court its reasons for that decision.

Duration of prevention order

(1)

A prevention order takes effect on the day on which it is made.

(2)

A prevention order must specify the period for which it has effect,

which must be a fixed period of at least six months and not more

than three years.

(3)

Where a court makes a prevention order in respect of a defendant

who is already subject to such an order, the earlier order ceases to

have effect.

Application for variation or discharge of prevention order

(1)

The defendant may apply to the appropriate court for an order

varying or discharging a prevention order.

(2)

On an application under this paragraph, the court may by order

vary or discharge the prevention order.

(3)

A defendant may not make an application under this paragraph—

(a)

before the end of the period of three months beginning with

the day on which the prevention order was made, or

(b)

before the end of the period of three months beginning with

the day on which any previous application under this

paragraph was refused.

(4)

“The appropriate court” means—

(a)

in any case, the court that made the order, or

(b)

in a case where the defendant is an individual, a magistrates’

court for the area in which the defendant lives.

Offence of breaching prevention order

(1)

A person who breaches a prevention order is guilty of an offence.

(2)

A person guilty of an offence under this paragraph is liable on

summary conviction to imprisonment for a term not exceeding the

maximum term for summary offences or to a fine (or to both).

(3)

“The maximum term for summary offences” means—

(a)

if the offence is committed before the time when section

281 (5) of the Criminal Justice Act 2003 (alteration of penalties

for certain summary offences: England and Wales) comes

into force, six months;

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(b)

if the offence is committed after that time, 51 weeks.

(4)

Where a person is convicted of an offence under this paragraph, it

is not open to the court by or before which the person is convicted

to make, in respect of the offence, an order for conditional discharge.

Transitional provision

This Schedule does not apply in relation to a conviction before the

coming into force of this Schedule of an offence under section 96.”

(3)

In section 379 of the Sentencing Act 2020 , in the table in subsection (1), after

the entry for the Serious Crime Act 2007 insert—

“Education and Skills Act 2008

Schedule A1

prevention order

offence of conducting an unregistered

independent education institution in

England”.

Material changes

(1)

The Education and Skills Act 2008 is amended as follows.

(2)

In section 98 (applications for registration)—

(a)

in subsection (3) —

(i)

in paragraph (e) , after “students” insert “, including under

arrangements with other persons”;

(ii)

after paragraph (e) insert—

“(ea)

the address and description of buildings

occupied by the institution and made available

for student use (within the meaning given by

section 101 (2B) );”;

(b)

after subsection (3) insert—

“(3A)

Regulations may make provision about what constitutes a type

of special educational need for the purposes of subsection (3)(g)

or section 101 (2) (i) .”

(3)

In section 99 (determination of applications for registration), after subsection

(5) insert—

“(6)

In relation to information supplied pursuant to section 98(3) (ea)

(buildings used by students), subsection (5)(c) does not require the

Secretary of State to include in the register—

(a)

any information about a building if its address is the same as

the address to be included in the register under subsection

(5)(a), or

(b)

if the address of a building is different to that address, any

information about it other than its address,

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and an address included in the register in accordance with paragraph

(b) is not a registered address of the institution for the purposes of

section 137 (service of notice).”

(4)

In the italic heading before section 101 (material change), omit “to registered

details”.

(5)

In section 101 (definition of “material change”), for subsections (2) and (3)

substitute—

“(2)

“A material change” means any of the following—

(a)

a change of proprietor;

(b)

a change of address;

(c)

a change to the age range of students;

(d)

a change to the maximum number of students;

(e)

a change to whether the institution is for male or female

students or both;

(f)

a change to whether the institution provides accommodation

for students;

(g)

a change of the buildings occupied by the institution and made

available for student use (see subsections (2B) and (2C) );

(h)

a change to whether the institution is a special institution;

(i)

in the case of a special institution, a change to the type or types

of special educational needs for which it makes special

educational provision.

(2A)

For the purposes of subsection (2) (f) an institution providing

accommodation includes providing it under arrangements with other

persons (other than in connection with a residential trip away from

the institution).

(2B)

For the purposes of subsection (2) (g) —

(a)

“building” means any—

(i)

building,

(ii)

part of a building, or

(iii)

permanent outdoor structure,

which is wholly or mainly enclosed;

(b)

the circumstances where a building is “occupied” by an

institution include the institution occupying the building only

during a school day or part of a school day;

(c)

a building is made available “for student use” if it will be

routinely used by students at the institution for a purpose

connected with education.

(2C)

Subsection (2) (g) does not include a change that is reasonably expected

by the proprietor to persist for a period of less than six months

beginning with the day on which the change is made, but such a

change becomes a material change if, at the beginning of the first day

after the end of that period, it persists.”

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(6)

In section 102 (requirement to apply for approval for material change), after

subsection (2) insert—

“(3)

Regulations may specify—

(a)

the information that must be contained in an application for

approval under this section, and

(b)

the manner in which an application must be made.”

(7)

For section 103 (inspections) substitute—

“103

Inspections relating to applications for approval

(1)

Where an application for approval of a material change is made under

section 102 or an appeal is brought under section 125(1)(b) against a

decision not to approve a material change, the Secretary of State may

direct the Chief Inspector to—

(a)

inspect the institution, and

(b)

make a report to the Secretary of State on all or particular

matters that the Secretary of State must consider in determining

the application (see section 104(1A) and (1B)).

(2)

Where such an application is made or such an appeal is brought, the

Secretary of State may arrange for an independent inspectorate, which

has been approved under section 106 in relation to the institution,

to—

(a)

inspect the institution, and

(b)

make a report to the Secretary of State on all or particular

matters that the Secretary of State must consider in determining

the application.”

(8)

In section 104 (determination of applications for approval)—

(a)

for subsection (1) substitute—

“(1)

This section applies where the proprietor of a registered

independent educational institution makes an application under

section 102 for approval of a material change.

(1A)

The Secretary of State must approve the change if—

(a)

the Secretary of State is satisfied that the independent

educational institution standards are being met in

relation to the institution at the time when the

application is being decided, and

(b)

the Secretary of State is satisfied that the standards are

likely to continue to be met if the change is made.

(1B)

If, at the time the Secretary of State decides the application,

the Secretary of State is satisfied that the independent

educational institution standards are not being met in relation

to the institution, the Secretary of State—

(a)

must approve the change if satisfied that the standards

are likely to be met immediately if the change is made;

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(b)

may approve the change if satisfied—

(i)

that the standards are likely to be met within a

reasonable time of the change being made, and

(ii)

that, during the period before the standards are

met, the change is likely to be beneficial to the

education, welfare or safety of students who

attend, or who might attend, the institution.”;

(b)

in subsection (2) —

(i)

in the words before paragraph (a) , for “subsection (1)” substitute

“this section”;

(ii)

in paragraph (a) , after “Chief Inspector” insert “or an

independent inspectorate”;

(iii)

in paragraph (b) , for “relating to the independent educational

institution standards” substitute “that is relevant to the

application”;

(c)

in subsection (3) , for “subsection (1)” substitute “this section”;

(d)

in subsection (4) , for “subsection (1) to refuse” substitute “this section

not”.

(9)

In section 105 (powers where institution makes unapproved material change),

in subsection (1) (c) (ii) for “has been refused” substitute “the Secretary of State

has decided not to approve it”.

(10)

In section 125 (appeal by proprietor against other decisions of Secretary of

State), in subsection (1) (b) , for “104(1) (refusal” substitute “104 (decision not”.

(11)

In section 166 (orders and regulations), in subsection (6)(a), after

“circumstances” insert “, purposes”.

Deregistration by agreement

(1)

The Education and Skills Act 2008 is amended as follows.

(2)

In section 100 (power to deregister), after subsection (1) insert—

“(1A)

The Secretary of State may also remove a registered institution from

the register if the proprietor of the institution requests, or agrees to,

its removal in writing.”

(3)

In section 100 (3) , in the words before paragraph (a) , for “The Secretary of

State's decision” substitute “A decision by the Secretary of State under

subsection (1)”.

(4)

In section 124 (1) (a) (appeal against decision to deregister under section 100)

for “100” substitute “100(1)”.

Imposition of relevant restrictions

(1)

The Education and Skills Act 2008 is amended as follows.

(2)

In section 105 —

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(a)

in the heading, for “Power to deregister” substitute “Powers in relation

to”;

(b)

in subsection (1) —

(i)

for the words before paragraph (a) substitute “This section

applies where—”;

(ii)

in paragraph (a) , for “the” substitute “an independent

educational”;

(c)

after subsection (1) insert—

“(1A)

The Secretary of State may—

(a)

impose a relevant restriction on the proprietor of the

institution (see section 117), or

(b)

remove the institution from the register.”;

(d)

in subsection (2) , omit “to remove it from the register”;

(e)

in subsection (3) (a) , after “124” insert “or 125”.

(3)

In section 117 (meaning of “relevant restriction”), in subsection (2) (a) , after

“section” insert “105(1A)(a) or”.

(4)

In section 118 (relevant restrictions imposed by Secretary of State)—

(a)

in subsection (1) , before “116(1)(a)” insert “105(1A)(a) or”;

(b)

in subsection (2) , omit “not exceeding level 5 on the standard scale”.

(5)

In section 125 (appeal by proprietor against other decisions of Secretary of

State), in subsection (1) (c) , after “section” insert “105(1A)(a) or”.

Powers of entry and investigation etc

(1)

The Education and Skills Act 2008 is amended as follows.

(2)

Omit section 97 (unregistered independent educational institutions: inspection).

(3)

After section 127 insert—

“Powers of entry and investigation etc

127A

Reasonable cause required to exercise powers

(1)

The Chief Inspector may exercise the powers of entry and investigation

conferred by sections 127B to 127D if the Chief Inspector has reasonable

cause to believe—

(a)

that a relevant offence is being or has been committed on the

premises to be entered, or

(b)

that evidence of the commission of a relevant offence may be

found on or accessed from the premises to be entered.

(2)

In this section and sections 127B to 127D “relevant offence” means an

offence under—

(a)

section 96 (conducting an unregistered independent educational

institution),

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(b)

section 118 (failure to comply with relevant restriction imposed

by Secretary of State),

(c)

section 118C (providing education at institution when

registration is suspended),

(d)

section 118F (providing boarding accommodation in breach of

stop boarding requirement),

(e)

section 121 (failure to comply with relevant restriction imposed

by justice of the peace),

(f)

section 127 (failure to comply with relevant restriction imposed

by Tribunal),

(g)

section 127F (obstruction of or failure to comply with

investigation), or

(h)

paragraph 4 of Schedule A1 (breach of prevention order

imposed following section 96 offence).

127B

Entry without warrant and powers of investigation

(1)

The Chief Inspector may, without a warrant, enter any premises (see

also section 127C for entry to premises under warrant).

(2)

The power of entry must be exercised at a reasonable hour.

(3)

Before entering any premises under this section, the Chief Inspector

must—

(a)

produce evidence of their identity, and

(b)

outline the purpose for which the power is exercised,

if asked to do so by a person on the premises.

(4)

On entering any premises under this section, the Chief Inspector may—

(a)

inspect the premises;

(b)

inspect and take copies of any document found on the premises;

(c)

inspect any equipment found on the premises;

(d)

take measurements of the premises or anything found on the

premises;

(e)

take photographs and make audio and video recordings on

the premises.

(5)

When entering premises under this section, the Chief Inspector may

be accompanied by any person and bring anything to facilitate the

exercise of a power conferred by subsection (4) .

(6)

A person who accompanies the Chief Inspector under subsection (5)

may only do something intended to facilitate the exercise of a power

conferred by subsection (4) while—

(a)

in the company of the Chief Inspector, and

(b)

under the Chief Inspector’s supervision.

(7)

In this section and section 127D “document” means anything in which

information of any description is recorded.

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(8)

This section does not confer power to inspect or take copies of anything

of a kind specified in section 9 (2) of the Police and Criminal Evidence

Act 1984 (legally privileged material etc).

127C

Entry under warrant

(1)

The Chief Inspector may enter premises if authorised by a warrant

under this section to do so.

(2)

A justice of the peace may issue a warrant under this section only if

satisfied, on an application by the Chief Inspector, that the requirement

in section 127A (1) (reasonable cause for belief) is met, and that—

(a)

entry to the premises under section 127B has been refused or

is likely to be refused unless a warrant is produced,

(b)

it is not practicable to communicate with any person entitled

to grant entry,

(c)

entering or attempting to enter the premises without a warrant

may frustrate or seriously prejudice the purpose of entering,

(d)

to investigate a relevant offence effectively, the powers of

investigation conferred by section 127D (1) should be available

to the Chief Inspector (in addition to those conferred by section

127B ).

(3)

A warrant under this section may authorise the Chief Inspector to

enter—

(a)

one or more premises specified in the application, or

(b)

any premises occupied or controlled by a person specified in

the application (an “all premises warrant”).

(4)

If the application is for an all premises warrant, the justice of the peace

must also be satisfied—

(a)

that there are reasonable grounds for believing that it is

necessary to enter premises occupied or controlled by the

person which are not specified in the application to investigate

a relevant offence effectively, and

(b)

that it is not reasonably practicable to specify in the application

all the premises which the person occupies or controls and

may need to be entered to investigate the offence effectively.

(5)

A warrant under this section authorises entry on one occasion only

unless it specifies that it authorises multiple entries.

(6)

If the warrant authorises multiple entries, it must also specify whether

the number of entries authorised is unlimited or limited to a specified

maximum.

(7)

A warrant under this section—

(a)

authorises the Chief Inspector to exercise the powers of

investigation conferred by section 127D (1) (a) , and

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(b)

may authorise the Chief Inspector to exercise the powers of

investigation conferred by section 127D (1) (b) to (k) or particular

powers.

(8)

The power of entry must be exercised at a reasonable hour unless the

Chief Inspector considers that the purpose of entry and investigation

may be frustrated by entry at a reasonable hour.

(9)

Before entering premises under a warrant, the Chief Inspector must—

(a)

produce evidence of their identity, and

(b)

outline the purpose for which the power is exercised,

if asked to do so by a person on the premises.

(10)

On entering premises under a warrant, the Chief Inspector must—

(a)

provide a copy of the warrant to the occupier or to any other

person appearing to be in charge of the premises, or

(b)

if neither the occupier nor any such person is present, leave a

copy of the warrant in a prominent place on the premises.

(11)

When entering premises under a warrant, the Chief Inspector may be

accompanied by any person and bring anything to facilitate the exercise

of a power conferred by section 127D (1) .

(12)

A person who accompanies the Chief Inspector under subsection (11)

may only do something intended to facilitate the exercise of a power

conferred by section 127D (1) while—

(a)

in the company of the Chief Inspector, and

(b)

under the Chief Inspector’s supervision.

(13)

The following provisions of the Police and Criminal Evidence Act 1984

apply to a warrant under this section as though references there to a

constable were to the Chief Inspector—

(a)

subsections (2) to (8) of section 15 (search warrants: safeguards);

(b)

subsections (3) , (9) , and (10) to (12) of section 16 (execution of

warrants).

127D

Powers of investigation following entry under warrant

(1)

On entering any premises under a warrant issued under section 127C

(and subject to any limitation imposed under section 127C (7) ) the

Chief Inspector may—

(a)

do anything that may be done under section 127B (4) (following

an entry without warrant);

(b)

search the premises;

(c)

inspect any information capable of being viewed using

equipment or a device on the premises;

(d)

require any person on the premises to produce any document

in the person’s possession or control;

(e)

take copies of any document produced in response to a

requirement under paragraph (d) ;

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(f)

require any person on the premises to produce any information

which is stored in electronic form and is accessible from the

premises in a form in which it can be taken away and in which

it is visible and legible (or from which it can readily be

produced in a visible and legible form);

(g)

operate any equipment found on the premises for the purposes

of producing such information in such a form;

(h)

take copies of anything produced under paragraph (f) or (g) ;

(i)

seize any document or equipment found on the premises, or

anything produced in response to a requirement under

paragraph (d) or (f) or produced under paragraph (g) ;

(j)

interview any person aged 18 or over on the premises where

there is reasonable cause to believe that the person can provide

information relating to a relevant offence, and require the

person to provide any such information;

(k)

require any person on the premises to provide the Chief

Inspector with whatever facilities and assistance within the

person’s control are necessary to enable the Chief Inspector to

exercise the powers conferred by this section.

(2)

The Chief Inspector may only exercise a power conferred by subsection

(1) (b) to (k) for the purpose for which the warrant under section 127C

was issued.

(3)

Anything seized under subsection (1) (e) , (h) or (i) may be retained for

so long as is necessary in all the circumstances.

(4)

Where the Chief Inspector exercises the power conferred by subsection

(1) (j) to interview a person—

(a)

they may be interviewed either alone or in the presence of one

or more other persons;

(b)

no answer which the person gives during the interview is

admissible in evidence against the person, or the person’s

spouse or civil partner, in any criminal proceedings.

(5)

Subsection (4) (b) does not apply in relation to proceedings for—

(a)

an offence under section 127F (4) (refusal to be interviewed or

provide information during an interview),

(b)

an offence under section 5 of the Perjury Act 1911 , or

(c)

another offence where, in giving evidence, the person makes

a statement inconsistent with an answer given by them during

the interview.

(6)

An answer may not be used against a person by virtue of subsection

(5) (c) unless evidence relating to it is adduced, or a question relating

to it is asked, by or on behalf of the person in the proceedings.

(7)

This section does not confer power to inspect, seize or take copies of

anything of a kind specified in section 9 (2) of the Police and Criminal

Evidence Act 1984 (legally privileged material etc).

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127E

Power of constable to assist

(1)

The Chief Inspector may apply to a justice of the peace for a warrant

authorising a constable to assist the Chief Inspector, using reasonable

force if necessary, to—

(a)

enter premises mentioned in subsection (2) under a warrant

issued under section 127C , or

(b)

exercise a power conferred by section 127D on premises

mentioned in subsection (2) .

(2)

The premises are—

(a)

one or more premises specified in the application, or

(b)

any premises occupied or controlled by a person specified in

the application.

(3)

The justice may issue a warrant only if satisfied that the requirement

in section 127A (1) (reasonable cause for belief) is met, and that—

(a)

the Chief Inspector has attempted to exercise a power conferred

by section 127C or 127D but has been prevented from doing

so,

(b)

the Chief Inspector reasonably expects to be prevented from

exercising any such power if an attempt to do so is made, or

(c)

the purpose of exercising any such power may be frustrated

unless the Chief Inspector, on arriving at the premises, can

exercise the power immediately.

(4)

A warrant under this section must be issued to and executed by a

constable.

(5)

Section 15 of the Police and Criminal Evidence Act 1984 (search

warrants: safeguards) applies in relation to a warrant under this section

as though references in subsections (2) and (4) to a constable were to

the Chief Inspector.

127F

Offences: obstruction etc

(1)

A person commits an offence if they intentionally obstruct another

person in the exercise of any power conferred by section 127B , 127C

or 127D .

(2)

A person commits an offence if they intentionally fail to produce any

document required under section 127D (1) (d) .

(3)

A person commits an offence if they intentionally fail to produce any

information required under section 127D (1) (f) in the form required

under that paragraph.

(4)

A person commits an offence if they—

(a)

refuse to be interviewed under section 127D (1) (j) , or

(b)

intentionally fail to provide any information required during

the course of an interview under that paragraph.

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(5)

A person commits an offence if they intentionally fail to comply with

a requirement reasonably imposed under section 127D (1) (k) (power

to require assistance).

(6)

In proceedings for an offence under any of subsections (2) to (5) , it is

a defence to show that the person had a reasonable excuse—

(a)

in the case of an offence under subsection (2) , for failing to

produce the document;

(b)

in the case of an offence under subsection (3) , for failing to

produce the information in the form required;

(c)

in the case of an offence under subsection (4) (a) , for refusing

to be interviewed;

(d)

in the case of an offence under subsection (4) (b) , for failing to

provide the information;

(e)

in the case of an offence under subsection (5) , for failing to

comply with the requirement.

(7)

A person is taken to have shown a fact mentioned in subsection (6)

if—

(a)

sufficient evidence is adduced to raise an issue with respect to

it, and

(b)

the contrary is not proved beyond reasonable doubt.

(8)

A person who commits an offence under this section is liable on

summary conviction to a fine.

(4)

In section 138 (interpretation), after subsection (2) insert—

“(3)

A reference in this Chapter to an inspection of an institution does not

include a reference to an inspection of premises carried out by the

Chief Inspector in the course of exercising a power conferred by section

127B or 127D .”

(5)

The Criminal Justice and Police Act 2001 is amended as follows.

(6)

In section 57 (1) (retention of seized items), after paragraph (v) insert—

“(w)

section 127D (3) of the Education and Skills Act 2008 .”

(7)

In section 65 (meaning of “legal privilege”)—

(a)

after subsection (8C) insert—

“(8D)

An item which is, or is comprised in, property which has been

seized in exercise or purported exercise of the power of seizure

conferred by section 127D (1) (e) , (h) or (i) of the Education and

Skills Act 2008 is to be taken for the purposes of this Part to

be an item subject to legal privilege if, and only if, the seizure

of that item was in contravention of section 127D (7) of that

Act.”;

(b)

in subsection (9) —

(i)

at the end of paragraph (e) omit “or”;

(ii)

at the end of paragraph (g) insert “, or”;

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(iii)

after paragraph (g) insert—

“(h)

section 127D (1) (e) , (h) or (i) of the Education

and Skills Act 2008 .”

(8)

In Part 1 of Schedule 1 (powers of seizure to which section 50 of the Act

applies), after paragraph 73W insert—

“Education and Skills Act 2008

73X

Each of the powers of seizure conferred by section 127D (1) (e) , (h)

and (i) of the Education and Skills Act 2008 .”

Application of schools provision to independent educational institutions

(1)

The Education and Skills Act 2008 is amended as follows.

(2)

After section 137 insert—

“137A

Application of schools provision to independent educational

institutions

(1)

Regulations may provide for any relevant enactment to apply (with

or without modifications) in relation to an independent educational

institution (or an independent educational institution of a prescribed

description) which is not an independent school as that enactment

applies in England in relation to an independent school.

(2)

“Relevant enactment” means an enactment made by or under any

other Act passed before the end of the session in which the Children’s

Wellbeing and Schools Act 2025 was passed, including any other Act

as amended by or under that Act.”

(3)

In section 166 (2) (instruments subject to affirmative procedure)—

(a)

omit the “or” at the end of paragraph (g) ;

(b)

after that paragraph insert—

“(ga)

regulations under section 137A , or”.

Inspections of schools and colleges

Inspectors and inspectorates: reports and information sharing

(1)

In section 87BA of the Children Act 1989 (quality assurance of inspectors

under section 87A), for subsection (1) substitute—

“(1)

The Secretary of State may require the Chief Inspector for England to

prepare and send to the Secretary of State a report about—

(a)

a particular inspector appointed under section 87A, or

(b)

inspectors appointed under that section generally or of a

particular description.”

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(2)

After that section insert—

“87BB

Information sharing between the Chief Inspector for England and

section 87A inspectors

(1)

The Chief Inspector for England may disclose information to an

inspector appointed under section 87A for the purpose of enabling or

facilitating the exercise by the inspector of the function mentioned in

section 87A(2)(b).

(2)

Except as provided by subsection (3) , a disclosure of information under

this section made for the purpose of safeguarding or promoting the

welfare of children provided with accommodation by a school or

college does not breach—

(a)

any obligation of confidence owed by the Chief Inspector for

England, or

(b)

any other restriction on the disclosure of information (however

imposed).

(3)

The power conferred by subsection (1) does not operate to authorise

a disclosure of information which would contravene the data protection

legislation (but the power must be taken into account in determining

whether the disclosure would contravene that legislation).

(4)

“The data protection legislation” has the same meaning as in the Data

Protection Act 2018 (see section 3 of that Act).”

(3)

In section 107 of the Education and Skills Act 2008 (quality assurance of

independent inspectorates), for subsection (1) substitute—

“(1)

The Secretary of State may require the Chief Inspector to prepare and

send to the Secretary of State a report about—

(a)

a particular independent inspectorate, or

(b)

independent inspectorates generally or of a particular

description.”

(4)

After that section insert—

“107A

Information sharing between the Chief Inspector and independent

inspectorates

(1)

The Chief Inspector may disclose information to an independent

inspectorate for the purpose of enabling or facilitating the inspection

by the inspectorate of registered independent educational institutions.

(2)

Except as provided by subsection (3) , a disclosure of information under

this section made for the purpose of safeguarding or promoting the

welfare of students at a registered independent educational institution

does not breach—

(a)

any obligation of confidence owed by the Chief Inspector, or

(b)

any other restriction on the disclosure of information (however

imposed).

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(3)

The power conferred by subsection (1) does not operate to authorise

a disclosure of information which would contravene the data protection

legislation (but the power must be taken into account in determining

whether the disclosure would contravene that legislation).

(4)

“The data protection legislation” has the same meaning as in the Data

Protection Act 2018 (see section 3 of that Act).”

Teacher misconduct

Teacher misconduct

(1)

The Education Act 2002 is amended as follows.

(2)

In section 141A (teachers to whom misconduct regime applies)—

(a)

in subsection (1) —

(i)

in the words before paragraph (a) , after “is” insert “or has (at

any time) been”;

(ii)

after paragraph (ba) insert—

“(bb)

an independent educational institution in

England that is not a school,

(bc)

an institution in England within the further

education sector,

(bd)

a special post-16 institution in England,

(be)

an independent training provider,

(bf)

an online education provider (see section

141AA),”;

(b)

in subsection (2) , after the definition of “children’s home” insert—

““independent educational institution” has the same meaning as

in Chapter 1 of Part 4 of the Education and Skills Act 2008 ;

“independent training provider” has the same meaning as in

sections 1 to 4 of the Skills and Post-16 Education Act 2022

(see section 4 of that Act);

“special post-16 institution” has the same meaning as in Part 3

of the Children and Families Act 2014 (see section 83 of that

Act);”.

(3)

After section 141A insert—

“141AA

Meaning of “online education provider”

(1)

An online education provider is an institution that meets the following

conditions.

(2)

The first condition is that it is—

(a)

a company registered under the Companies Act 2006 which

has its registered office for the purposes of that Act in England,

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(b)

a charity registered in accordance with section 30 of the

Charities Act 2011 which has its address in England for the

purposes of registration by the Charity Commission.

(3)

The second condition is that it provides education to at least one

student who lives in England and who—

(a)

is of compulsory school age,

(b)

is over compulsory school age but is under the age of 19, or

(c)

is aged 19 or over and has an EHC plan that specifies that the

student should be in full-time education.

(4)

The third condition is that at least one of the students mentioned in

subsection (3) receives all or the majority of their education from the

institution.

(5)

The fourth condition is that it is set up to deliver all or the majority

of the education that it provides online.

(6)

The Secretary of State may by regulations amend this section so as to

add a new condition or remove or change a condition for the time

being specified.”

(4)

In section 141B (investigation of disciplinary cases by the Secretary of State)—

(a)

in subsection (1) —

(i)

in the words before paragraph (a) , for “an allegation is referred”

substitute “it appears”;

(ii)

in paragraph (a) , for “may be” substitute “may (at any time)

have been”;

(b)

after subsection (3) insert—

“(3A)

For the purposes of subsection (1)(a) or (b) it is irrelevant

whether the conduct occurred, or the offence was committed,

at a time when the person was employed or engaged to carry

out teaching work or at some other time.”

(5)

In section 141D (4) (supply of information following dismissal, resignation etc:

definitions)—

(a)

in the definition of “relevant employer”—

(i)

in paragraph (c) , for “or 16 to 19 Academy” substitute “, a 16

to 19 Academy, an independent educational institution or a

special post-16 institution”;

(ii)

after paragraph (d) insert—

“(da)

a person who employs or engages a person to

teach at an institution within the further

education sector, an independent training

provider or an online education provider;”;

(iii)

in paragraph (e) , after “employs” insert “or engages”;

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(b)

after the definition of “children’s home” insert—

““independent educational institution” has the same meaning as

in Chapter 1 of Part 4 of the Education and Skills Act 2008 ;

“independent training provider” has the same meaning as in

sections 1 to 4 of the Skills and Post-16 Education Act 2022

(see section 4 of that Act);”;

(c)

after the definition of “services” insert—

““special post-16 institution” has the same meaning as in Part 3 of

the Children and Families Act 2014 (see section 83 of that Act);”.

(6)

In section 210 (3) (instruments subject to affirmative procedure)—

(a)

in the words before paragraph (a) , after “order” insert “or regulations”;

(b)

omit the “or” at the end of paragraph (e) ;

(c)

after paragraph (f) insert “or

“(g)

section 141AA (6) ,”.

School teachers’ qualifications and induction

School teachers’ qualifications and induction

(1)

The Education Act 2002 is amended as follows.

(2)

In section 133 (requirement to be qualified), in subsection (6)—

(a)

omit “or” after paragraph (a);

(b)

after paragraph (b) insert “, or

“(c)

Academies of a description specified by the Secretary

of State in regulations under this section.”

(3)

In section 135A(4) (requirement to serve induction period: teachers in England),

at the end of the definition of “relevant school” insert “or Academies of a

description specified by the Secretary of State in regulations under this

section.”

Academies

Academy schools: duty to follow National Curriculum

(1)

The Academies Act 2010 is amended as follows.

(2)

In section 1A (Academy schools)—

(a)

in subsection (1), for paragraph (b) substitute—

“(b)

its curriculum—

(i)

satisfies the requirements of section 78 of EA

2002 (balanced and broadly based curriculum),

and

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(ii)

includes the National Curriculum (see section

80(1)(b) of that Act),”;

(b)

after subsection (3) insert—

“(4)

Any provision in Academy arrangements which is inconsistent

with the requirement specified in subsection (1)(b)(ii) is of no

effect to the extent of the inconsistency.

(5)

Subsection (1)(b)(ii) does not apply in relation to an educational

institution to the extent that—

(a)

a direction under section 90(1) of EA 2002 (development

work and experiments), or

(b)

regulations under section 91 of that Act (exceptions),

provide that the National Curriculum does not apply in relation

to the institution.

(6)

See section 13A and Schedule 1A for provision about the

application of provisions of EA 2002 for the purposes of

subsection (1)(b)(ii).”

(3)

After section 13 insert—

“13A

Application of education legislation

Schedule 1A provides for certain legislation relating to the provision

of education to apply in relation to Academies.”

(4)

After Schedule 1 insert—

“Schedule 1A

Section 13A

Application of education legislation

Part 6 of EA 2002: National Curriculum for England

Sections 82 to 94 and 96 of EA 2002 (National Curriculum for

England) apply in relation to an Academy school, for the purposes

of section 1A(1)(b)(ii) of this Act, as they apply in relation to a

maintained school within the meaning of Part 6 of EA 2002.

For the purposes of paragraph 1 , sections 82 to 94 and 96 of EA

2002 apply as if—

(a)

references to the governing body or the head teacher of a

maintained school were to the proprietor of an Academy

school;

(b)

in section 88 (implementation of the National Curriculum

for England in schools), in each of subsections (1) and (1A),

paragraph (a) were omitted;

(c)

in section 90 (development work and experiments)—

(i)

for subsection (3) there were substituted—

“(3)

The Secretary of State must not give a

direction under subsection (1) in relation to

Page 112

an Academy school except on an application

by the proprietor of the school.”, and

(ii)

subsection (4) were omitted;

(d)

in section 94 (information concerning directions under section

93)—

(i)

for subsection (1) there were substituted—

“(1)

Where the proprietor of an Academy school

gives or varies a direction under regulations

made under section 93, the proprietor must

take such steps as may be prescribed to give

the information mentioned in subsection (2)

to a parent of the pupil concerned.”, and

(ii)

for subsection (4) there were substituted—

“(4)

Where the proprietor of an Academy school

includes an indication of any such opinion in

information given under subsection (1), the

proprietor must also give that information, in

such manner as may be prescribed, to the

local authority who are the responsible

authority in relation to the pupil in question.”;

(e)

in section 96(2) (procedure for orders and regulations), after

paragraph (b) there were inserted—

“(ba)

bodies representing the interests of proprietors

of Academy schools, and”.

(5)

In section 96 of the Education Act 2002 (procedure for making certain orders

and regulations), after subsection (7) insert—

“(8)

An order made under any provision of this Part may (in addition to

any provision that it may make by virtue of section 210(7)) make

provision amending Schedule 1A to the Academies Act 2010

(application of education legislation).”

Academy schools: educational provision for improving behaviour

(1)

In the Education Act 2002, in section 29A (power of governing body in

England: educational provision for improving behaviour), after subsection (4)

insert—

“(5)

Regulations may make provision for this section and regulations made

under it to apply, with prescribed modifications, in relation to

Academy schools.”

(2)

In the Education Act 1996, in section 444ZA (application of section 444 to

alternative educational provision), in subsection (1D)—

(a)

in the words before paragraph (a), for “or a pupil referral unit”

substitute “, a pupil referral unit or an Academy”;

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(b)

after paragraph (b) insert—

“For provision about the application of sections 29A and 51A of the

Education Act 2002 in relation to Academies, see sections 29A (5) and

51A(12) of that Act.”

(3)

The provision that may be made in relation to Academy schools by the first

regulations under section 29A (5) of the Education Act 2002 includes provision

in relation to any relevant requirement imposed before those regulations come

into force.

(4)

In relation to an Academy school, the requirement referred to in section

444ZA(1B) of the Education Act 1996 includes a reference to a relevant

requirement imposed before the first regulations under section 29A (5) of the

Education Act 2002 come into force.

(5)

In subsections (3) and (4) “relevant requirement”, in relation to an Academy

school, means a requirement imposed by the proprietor of the school on a

registered pupil to attend any place outside the school premises for the

purpose of receiving educational provision which is intended to improve the

behaviour of the pupil.

Academies: power to secure performance of proprietor’s duties etc

(1)

After section 497B of the Education Act 1996 (but before the italic heading

before section 498) insert—

“497C

Academies: power to secure performance of proprietor’s duties etc

(1)

If the Secretary of State is satisfied that the proprietor of an Academy—

(a)

has breached or is likely to breach a relevant duty, or

(b)

otherwise has acted or is proposing to act unreasonably with

respect to the performance of a relevant duty,

the Secretary of State may give the proprietor such directions as the

Secretary of State considers appropriate to secure the proper

performance of the relevant duty.

(2)

If the Secretary of State is satisfied that the proprietor of an Academy

has acted or is proposing to act unreasonably with respect to the

exercise of a relevant power, the Secretary of State may give the

proprietor such directions as the Secretary of State considers

appropriate as to the exercise of the relevant power.

(3)

In this section—

“relevant duty” means any duty (whether or not imposed by or

under an enactment) to which the proprietor of an Academy

is subject;

“relevant power” means any power conferred (whether or not by

or under an enactment) on the proprietor of an Academy.

(4)

Subsection (5) applies (instead of section 572) to the giving of a

direction under this section.

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(5)

The Secretary of State may give a direction under this section to the

proprietor of an Academy by—

(a)

delivering it by hand to the proprietor,

(b)

leaving it at or sending it by post to any address at which the

Secretary of State believes, on reasonable grounds, that the

notice will come to the attention of the proprietor, or

(c)

sending it to any email address by means of which the

Secretary of State believes, on reasonable grounds, that the

notice will come to the attention of the proprietor.

(6)

A direction under this section is enforceable, on the application of the

Secretary of State, by a mandatory order.

(7)

In this section, a reference to an Academy includes a reference to a

city technology college and a city college for the technology of the

arts.”

Repeal of duty to make Academy order in relation to school causing concern

(1)

The Academies Act 2010 is amended as follows.

(2)

In section 4 (Academy orders)—

(a)

omit subsection (A1);

(b)

in subsection (1)(b), omit “other than by virtue of section 61 or 62 of

EIA 2006”.

(3)

In section 5(2) (consultation about conversion: schools not eligible for

intervention), for “section 4(A1) or (1)(b)” substitute “section 4(1)(b)”.

(4)

Omit section 5A (consultation about identity of Academy sponsor).

(5)

In section 5B(1) (duty to facilitate conversion), for “section 4(A1) or (1)(b)”

substitute “section 4(1)(b)”.

(6)

In section 5C(1) (power to give directions to do with conversion), for “section

4(A1) or (1)(b)” substitute “section 4(1)(b)”.

(7)

In section 5D (power to revoke Academy orders)—

(a)

in the heading, for “section 4(A1) or (1)(b)” substitute “section 4(1)(b)”;

(b)

in subsection (1), for “section 4(A1) or (1)(b)” substitute “section

4(1)(b)”.

(8)

In the Education and Adoption Act 2016, omit sections 7 and 9.

(9)

The amendments made by this section are to be disregarded in a case where,

immediately before the day on which this section comes into force—

(a)

an order under section 4(A1) of the Academies Act 2010 has effect in

respect of a school, and

(b)

the school has not been converted into an Academy in pursuance of

the order (and for this purpose “converted into an Academy” is to be

read in accordance with section 4(3) of that Act).

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Teachers’ pay and conditions

Pay and conditions of Academy teachers

Schedule 3 amends Part 8 of the Education Act 2002 (teachers’ pay and

conditions etc) in relation to the pay and conditions of teachers at Academies

(other than 16 to 19 Academies).

Application of pay and conditions orders to education action zones

(1)

Section 128 of the Education Act 2002 (application of section 122 orders to

teachers at schools forming part of education action zones) is repealed.

(2)

In section 210 (5) of that Act (order and regulations)—

(a)

at the end of paragraph (b) insert “or”;

(b)

omit paragraph (c) (together with the final “or”).

School places and admissions

Co-operation between schools and local authorities

(1)

In the School Standards and Framework Act 1998, after section 85 insert—

“Co-operation between schools and local authorities

85ZA

Co-operation in discharging functions under this Part (England)

(1)

A local authority in England and the governing body of a maintained

school in England must co-operate in the exercise of their respective

functions under or by virtue of this Part.

(2)

A local authority in England and the proprietor of an Academy school

must co-operate in the exercise of their respective functions under or

by virtue of this Part.

(3)

Where Academy arrangements require the proprietor of an Academy

school to act as if a provision of this Part applied to the school, the

provision is to be taken so to apply for the purposes of subsection

(2) .”

(2)

In the Education Act 1996, after section 19A insert—

“Contribution of individual schools

19B

Schools to co-operate with local authority in securing adequate

provision (England)

(1)

This section applies where it is reasonably foreseeable that decisions

about a relevant school in England will affect the ability of a local

authority in England to discharge its duties under section 14 or section

19(1).

Page 116

(2)

The responsible body for the school must co-operate with the local

authority with a view to achieving the objective in subsection (3) .

(3)

The objective is that decisions about the school will result in the school

contributing, so far as is reasonable, to the effective discharge by the

local authority of the duties concerned.

(4)

For the purposes of subsection (1) , a “relevant school” is a school

within the first column of the following table, and the “responsible

body” for such a school is identified in the second column—

“Relevant school”

“Responsible body”

A community school, foundation

The governing body for the

school, voluntary school,

school

community special school or

foundation special school

An Academy school or an

The proprietor of the school

alternative provision Academy

A pupil referral unit for which

The management committee for

there is a management committee

the unit.

(see paragraph 15 of Schedule 1)

(5)

In the application of this section to the management committee for a

pupil referral unit, the reference in subsection (2) to the local authority

is to be read as a reference to the local authority so far as it acts other

than through the committee.”

Power to direct admission: extension to Academies

(1)

In section 96(8) of the School Standards and Framework Act 1998 (schools

subject to local authority powers to direct admission of individual pupils),

for “a maintained school” substitute “—

“(a)

a maintained school, or

(b)

an Academy school, other than one specially organised to make

special educational provision for pupils with special educational

needs.”

(2)

In the same Act—

(a)

in section 96(1), for “governing body of” substitute “admission authority

for”;

(b)

in section 96(3A), after “99(2)(c)” insert “(or, in the case of an Academy

school, that would fall within that provision if it applied)”;

(c)

in section 96, after subsection (4) insert—

“(4A)

Where Academy arrangements require the proprietor of an

Academy school to act as if sections 1 and 86 applied in respect

Page 117

of the school, those sections are to be taken so to apply for the

purposes of subsection (4).”;

(d)

in section 96(5), for “governing body” substitute “admission authority”;

(e)

in section 97(1)(b), for “governing body of” substitute “admission

authority for”;

(f)

in section 97(2)(a), for “governing body and head teacher of” substitute

“admission authority for, and head teacher of,”;

(g)

in section 97(3), for “governing body” substitute “admission authority”.

Power to direct admission: additional triggers

(1)

Section 96 of the School Standards and Framework Act 1998 (general power

of local authority to direct admission of individual pupil) is amended as

follows.

(2)

After subsection (1) insert—

“(1A)

The local authority may also give such a direction (in the case of any

child in their area) in circumstances specified in the code for school

admissions.

(1B)

For that purpose the code may only specify circumstances in which—

(a)

a relevant procedure has been invoked, or

(b)

the child who is to be the subject of the direction is a

previously-looked-after child.”

(3)

In subsection (7), after “section” insert “—

““previously-looked-after child” means—

(a)

a child who was looked after by a local authority in England

or Wales but ceased to be so looked after as a result of—

(i)

a child arrangements order, within the meaning given

by section 8(1) of the Children Act 1989, which includes

arrangements relating to with whom the child is to live,

or when the child is to live with any person,

(ii)

a special guardianship order, within the meaning given

by section 14A of the Children Act 1989, or

(iii)

an adoption order, within the meaning given by section

72(1) of the Adoption Act 1976 or section 46(1) of the

Adoption and Children Act 2002, or

(b)

a child who appears to the local authority—

(i)

to have been in state care in a place outside England

and Wales because the child would not otherwise have

been cared for adequately, and

(ii)

to have ceased to be in that state care as a result of

being adopted;

“relevant procedure” means a procedure established under the code for

school admissions for the purpose of securing admission to school for

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children who have failed to secure, or are considered at particular risk

of not securing, admission through ordinary procedures;”.

Functions of adjudicator in relation to admission numbers

(1)

The School Standards and Framework Act 1998 is amended as follows.

(2)

After section 88I insert—

“88IA

Changes to admission numbers

(1)

This section applies where—

(a)

an objection about the admission arrangements for a school is

referred to the adjudicator under section 88H(2),

(b)

the objection relates wholly or partly to an admission number

specified in the arrangements, and

(c)

the adjudicator decides to uphold any aspect of the objection

that relates to that number.

(2)

This section also applies where—

(a)

the Secretary of State refers the admission arrangements for a

school to the adjudicator under section 88I(2),

(b)

the Secretary of State does so wholly or partly on the basis that

an admission number specified in the arrangements does not,

or may not, conform with the requirements relating to

admission arrangements, and

(c)

the adjudicator decides that the admission number does not

conform with those requirements.

(3)

The adjudicator may, as part of the decision, determine the revised

admission number that is to be specified in the admission

arrangements.

(4)

The adjudicator may, as part of the decision, also determine the

corresponding admission number that is to be specified in the school’s

admission arrangements for the school year following the one to which

the objection or reference relates.

(5)

An admission number determined under subsection (3) or (4) and

specified in admission arrangements is subject to variation under or

by virtue of section 88E.

(6)

Regulations may make provision—

(a)

specifying matters which the adjudicator must, or must not,

take into account in making a determination under subsection

(3) or (4) ;

(b)

preventing the adjudicator from making such a determination

if it would have an effect specified in the regulations.

(7)

In this section “admission number”, in relation to a school, means the

number of pupils in a relevant age group that it is intended to admit

to the school in a school year.

Page 119

(8)

In relation to a school at which boarding accommodation is provided

for pupils, references in this section to an admission number include—

(a)

the number of pupils in a relevant age group that it is intended

to admit to the school in a school year as boarders, and

(b)

the number of pupils in a relevant age group that it is intended

to admit to the school in a school year otherwise than as

boarders.”

(3)

In section 86 of the School Standards and Framework Act 1998 (parental

preferences), after subsection (5B) insert—

“(5C)

For the purposes of subsections (5) to (5B), a number specified in

admission arrangements as a result of a determination by the

adjudicator under section 88IA (3) or (4) is to be treated as having been

determined under section 88C.”

(4)

In section 88K (sections 88H and 88I: supplementary)—

(a)

in the heading, for “and 88I” substitute “, 88I and 88IA”, and

(b)

in subsection (5), for “section 88I” substitute “sections 88I and 88IA”.

Establishment of new schools

Amendments to invitation process for establishment of new schools

(1)

Part 2 of the Education and Inspections Act 2006 (establishment, discontinuance

or alteration of schools) is amended as follows.

(2)

Omit section 6A (requirement to seek proposals for establishment of new

Academies).

(3)

In section 7 (invitation for proposals for establishment of new schools)—

(a)

for subsection (1) substitute—

“(1)

This section applies where a local authority in England think

that a new school, other than a maintained nursery school,

should be established in their area.

(1A)

The local authority must (subject to subsection (2A) ) publish

a notice under this section inviting proposals from persons

other than local authorities for the establishment of a new

school falling within subsection (2).”;

(b)

in subsection (2)—

(i)

in paragraph (a), omit the words from “other than” to the end

of the paragraph (including the “or”), and

(ii)

at the end of paragraph (b) insert “, or

“(c)

an alternative provision Academy,

other than a school providing education suitable only

to the requirements of persons above compulsory school

age.”;

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(c)

after subsection (2) insert—

“(2A)

A local authority are not required to publish a notice under

this section (but may do so) if—

(a)

the school that the local authority think should be

established falls within section 10 (2A) , or

(b)

proposals have been published under section 10 (2B) by

other persons and those proposals have not yet been

determined.”;

(d)

in subsection (5), at the end of paragraph (a) insert “, and

“(aa)

may publish under this section proposals of their own

for the establishment of—

(i)

a new community, community special,

foundation or foundation special school, other

than one providing education suitable only to

the requirements of persons above compulsory

school age, or

(ii)

a new pupil referral unit.”;

(e)

in subsection (6)—

(i)

omit the “and” after paragraph (a), and

(ii)

after paragraph (b) insert “, and

“(c)

the information which proposals within

subsection (5)(aa) must contain.”.

(4)

In section 7A (withdrawal of notices under section 7)—

(a)

in subsection (2)(a), omit “, with the consent of the Secretary of State”;

(b)

after subsection (2) insert—

“(3)

If the local authority withdraw the notice in accordance with

subsection (2)(a) or (b), the local authority must notify the

Secretary of State.”

Certain proposals to establish new schools: publication requirements etc

(1)

Part 2 of the Education and Inspections Act 2006 (establishment, discontinuance

or alteration of schools) is amended as follows.

(2)

In section 10 (publication of proposals with consent of Secretary of State)—

(a)

for the heading substitute “Proposals other than proposals pursuant

to a section 7 notice: publication etc”;

(b)

for subsections (1) and (2) substitute—

“(1)

Where a local authority in England propose to establish a new

maintained nursery school, they must publish their proposals

under this section.

(2)

Where a local authority in England propose to establish a new

school within subsection (2A) , they may publish their proposals

under this section if there is for the time being no notice under

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section 7 pursuant to which (by virtue of section 7(5) (aa) ) they

could publish such proposals.

(2A)

A school is within this subsection if it is—

(a)

a community, community special, foundation or

foundation special school which—

(i)

is not to be one providing education suitable

only to the requirements of persons above

compulsory school age, and

(ii)

is to replace one or more maintained schools, or

(b)

a pupil referral unit which is to replace one or more

pupil referral units.

(2B)

Where any persons other than a local authority (“proposers”)

propose to establish a new foundation, voluntary or foundation

special school in England, they may publish their proposals

under this section if there is for the time being no notice under

section 7 pursuant to which such proposals could be made.”;

(c)

in subsection (5)—

(i)

for “(2)” substitute “(2B)”,

(ii)

the words from “the proposers” to the end become paragraph

(a), and

(iii)

at the end of that paragraph insert “, and

“(b)

the local authority must take such action to

publicise the proposals as may be prescribed.”

(3)

Omit section 11 (publication of proposals to establish maintained schools:

special cases).

(4)

In section 12 (establishment of school as federated school), in subsection (1)(a),

for “7, 10 or 11” substitute “7 or 10”.

(5)

In section 13 (schools established outside area of relevant local authority), in

paragraph (b), omit “or 11”.

Establishment of pupil referral units

In section 28 of the Education and Inspections Act 2006 (restriction on

establishment, alteration or discontinuance of schools), after subsection (4)

insert—

“(5)

A pupil referral unit may not be established except in pursuance of

proposals falling to be implemented under this Part.”

Process for considering, approving and implementing proposals for the

establishment of new schools

Schedule 4 amends Schedule 2 to the Education and Inspections Act 2006

(proposals for establishment or discontinuance of schools in England).

Page 122

Establishment of new schools: data protection

After section 30 of the Education and Inspections Act 2006 insert—

“30A

Data protection

(1)

None of the provisions in or made by virtue of this Part (including

Schedule 2) are to be read as requiring or authorising the processing

of information which would contravene the data protection legislation

(but in determining whether the processing would do so, take into

account the duty imposed or the power conferred by the provision in

question).

(2)

In this section, “the data protection legislation” and “processing” have

the same meaning as in the Data Protection Act 2018 (see section 3 of

that Act).”

Transitional provision

(1)

The amendments made by section 57 (2) and Schedule 4 do not apply in

relation to a case where, before those provisions come into force, a local

authority in England has—

(a)

sought proposals for the establishment of an Academy under section

6A(1) of EIA 2006, and

(b)

specified a date for the proposals to be submitted under subsection

(2) of that section,

but a final determination of the proposals has not been made.

(2)

The amendments made by section 57 (3) and (4) and Schedule 4 do not apply

in relation to a case where, before those provisions come into force, a local

authority has published a notice under section 7 of EIA 2006 but a final

determination of any proposals made pursuant to such a notice has not been

made.

(3)

The requirement to consult under section 9(1) of EIA 2006 in relation to a

notice under section 7 of that Act as amended by section 57 (3) may be satisfied

by consultation that occurs wholly or partly before the coming into force of

section 57 (3) .

(4)

The amendments made by section 58 (2) to (5) and Schedule 4 do not apply

in relation to a case where, before those provisions come into force, a local

authority or any other person has published proposals under section 10 or

11 of EIA 2006 but a final determination of the proposals has not been made.

(5)

The requirement to consult under section 10(4) of EIA 2006 in relation to

proposals may be satisfied by consultation that occurs wholly or partly before

the coming into force of section 58 (2) .

(6)

In this section, “EIA 2006” means the Education and Inspections Act 2006.

Page 123

Part 3

General

Power to make consequential provision

(1)

The Secretary of State may by regulations made by statutory instrument make

provision that is consequential on provision made by this Act.

(2)

Regulations under this section may amend, repeal or revoke legislation passed

or made before, or in the same session of Parliament as, this Act.

(3)

Except as provided by subsection (4) , a statutory instrument that contains

regulations under this section is subject to annulment in pursuance of a

resolution of either House of Parliament.

(4)

A statutory instrument that contains (whether alone or with other provision)

regulations under this section that amend, repeal or revoke primary legislation

may not be made unless a draft of the instrument has been laid before and

approved by a resolution of each House of Parliament.

(5)

The power to make regulations under this section includes power to make—

(a)

supplementary, incidental, transitional or saving provision;

(b)

different provision for different purposes or areas.

(6)

In this section, “primary legislation” means—

(a)

an Act of Parliament,

(b)

an Act of the Scottish Parliament,

(c)

an Act or Measure of Senedd Cymru, or

(d)

Northern Ireland legislation.

Financial provision

There is to be paid out of money provided by Parliament—

(a)

any expenditure incurred under or by virtue of this Act by the

Secretary of State or by a government department, and

(b)

any increase attributable to this Act in the sums payable under or by

virtue of any other Act out of money so provided.

Extent

(1)

Any amendment or repeal made by this Act has the same extent as the

provision amended or repealed.

(2)

Subject to subsection (1) , sections 21 to 25 and Schedule 1 extend to England

and Wales, Scotland and Northern Ireland.

(3)

Subject to subsections (1) and (2) , Parts 1 and 2 extend to England and Wales

only.

(4)

This Part extends to England and Wales, Scotland and Northern Ireland.

Page 124

Commencement

(1)

The following come into force on the day on which this Act is passed—

(a)

any provision of or amendment made by Part 1 or 2 , so far as it confers

or relates to a power to make regulations or an order;

(b)

this Part.

(2)

The following come into force (for all or remaining purposes) at the end of

the period of two months beginning with the day on which this Act is

passed—

(a)

section 5 ;

(b)

section 20 ;

(c)

section 28 ;

(d)

section 44 ;

(e)

section 48 ;

(f)

section 49 ;

(g)

section 50 ;

(h)

section 51 and Schedule 3 other than paragraph 6 of that Schedule;

(i)

section 52 ;

(j)

section 53 .

(3)

Subject to subsection (1), sections 30 to 35 and Schedule 2 come into force, in

relation to Wales, on such day as the Welsh Ministers may by regulations

made by statutory instrument appoint.

(4)

Subject to subsections (1) to (3) , this Act comes into force on such day as the

Secretary of State may by regulations made by statutory instrument appoint.

(5)

Different days may be appointed under subsection (3) or (4) for different

purposes or areas.

(6)

The Secretary of State may by regulations made by statutory instrument make

transitional or saving provision in connection with the coming into force of

any provision of this Act, except sections 30 to 35 and Schedule 2 in relation

to Wales.

(7)

The Welsh Ministers may by regulations made by statutory instrument make

transitional or saving provision in connection with the coming into force of

sections 30 to 35 and Schedule 2 in relation to Wales.

(8)

The power to make regulations under subsection (6) or (7) includes power

to make different provision for different purposes or areas.

Short title

This Act may be cited as the Children’s Wellbeing and Schools Act 2025.

Page 125

Schedules

Schedule 1

Section 21

Relevant authorities

Part 1

List of relevant authorities

The Secretary of State.

The Lord Chancellor.

(1)

The governing body of a maintained school in England.

(2)

In sub-paragraph (1) , “maintained school” has the meaning given by section

39(1) of the Education Act 2002.

(1)

The proprietor of a non-maintained special school in England.

(2)

In sub-paragraph (1) —

(a)

“non-maintained special school” has the meaning given by section

337A of the Education Act 1996;

(b)

“proprietor” has the meaning given by section 579(1) of that Act.

(1)

The proprietor of—

(a)

an Academy (as defined by section 579(1) of the Education Act

1996),

(b)

a city technology college, or

(c)

a city college for the technology of the arts.

(2)

In sub-paragraph (1) , “proprietor” has the meaning given by section 579(1)

of the Education Act 1996.

(1)

The governing body of an institution in England within the further

education sector.

(2)

In sub-paragraph (1) —

(a)

“institution within the further education sector” has the meaning

given by section 91(3) of the Further and Higher Education Act

1992;

(b)

“governing body” has the meaning given by section 90(1) of that

Act.

(1)

The proprietor of a special post-16 institution in England in relation to

which an approval under section 41(3) of the Children and Families Act

2014 has effect.

(2)

In sub-paragraph (1) , “proprietor” and “special post-16 institution” have

the meaning given by section 83(2) of the Children and Families Act 2014.

His Majesty’s Chief Inspector of Education, Children’s Services and Skills.

Page 126

NHS England.

An integrated care board.

An NHS foundation trust.

An NHS trust.

The Care Quality Commission.

The Youth Justice Board for England and Wales.

Part 2

Power to modify

(1)

The Secretary of State may by regulations made by statutory instrument

amend Part 1 of this Schedule by—

(a)

adding a person or description of persons,

(b)

removing an entry listed in it, or

(c)

varying an entry listed in it.

(2)

A statutory instrument containing regulations under sub-paragraph (1)

may not be made unless a draft of the instrument has been laid before and

approved by a resolution of each House of Parliament.

(1)

Regulations under paragraph 15 (1) (a) may not add a person or description

of persons to Part 1 unless the Secretary of State considers that the person

exercises, or (as the case may be) all persons of that description exercise,

functions of a public nature.

(2)

Regulations under paragraph 15 (1) (c) may not vary an entry listed in Part

1 so that it relates to a person who does not exercise functions of a public

nature or, in the case of a description of persons, so that the description

consists of or includes persons who do not exercise functions of a public

nature.

(1)

Regulations under paragraph 15 (1) (a) may not add a person or description

of persons to Part 1 if the Secretary of State considers that the person or

(as the case may be) any person of that description—

(a)

exercises devolved functions only, or

(b)

exercises any devolved functions, unless the entry for that person

or description of persons provides that they are a relevant authority

only to the extent that they are exercising functions that are not

devolved functions.

(2)

Regulations under paragraph 15 (1) (c) may not vary an entry listed in Part

1 —

(a)

so that it relates to a person who exercises devolved functions only,

or in the case of a description of persons, so that the description

consists of or includes any persons who exercise devolved functions

only, or

Page 127

(b)

so that it relates to a person who exercises devolved functions, or

in the case of a description of persons, so that the description

consists of or includes any persons who exercise devolved functions,

unless the entry provides that they are a relevant authority only to

the extent that they are exercising functions that are not devolved

functions.

(3)

In this paragraph, “devolved function” means a function that could be

conferred by provision that would be within the legislative competence

of—

(a)

the Scottish Parliament, if it were contained in an Act of that

Parliament (see section 29 of the Scotland Act 1998),

(b)

Senedd Cymru, if it were contained in an Act of the Senedd (see

section 108A of the Government of Wales Act 2006), or

(c)

the Northern Ireland Assembly, if it were contained in an Act of

the Assembly, where the Bill for that Act would not require the

consent of the Secretary of State (see sections 6 to 8 of the Northern

Ireland Act 1998).

Schedule 2

Section 35

Children not in school: consequential amendments

Children Act 1989

(1)

The Children Act 1989 is amended as follows.

(2)

In section 36 (education supervision orders), in subsection (5)(a), for “437”

substitute “ 436I ”.

(3)

In section 91 (effect and duration of care orders etc), in subsection (5), for

“437” substitute “ 436I ”.

(4)

In Schedule 3 (supervision orders), in paragraph 13(2)(a)(i) and (b)(i), for

“437” substitute “ 436I ”.

Education Act 1996

(1)

The Education Act 1996 is amended as follows.

(2)

Omit sections 437 to 443 (school attendance orders) and the italic headings

before sections 437 and 443.

(3)

Before section 444 insert—

“Offence of failure to secure regular attendance at school of registered pupil

(4)

Before section 445 insert—

“Offences: general

(5)

In sections 445(1), 446 and 447(1) and (2)(a), for “443” substitute “ 436Q ”.

Page 128

(6)

After section 447 insert—

“Interpretation of Chapter

447A

Interpretation of Chapter 2

In this Chapter—

“maintained school” means any community, foundation or

voluntary school or any community or foundation special

school not established in a hospital;

“school nomination notice” means a notice under section 436L .”

(7)

In section 580 (index), in the second column of the entry relating to “school

attendance order”, for “section 437(3)” substitute “section 436I ”.

School Standards and Framework Act 1998

In section 86 of the School Standards and Framework Act 1998 (parental

preferences), in subsection (8)(b), for “438(4) or 440(2)” substitute “ 436L (4)

or 436O (2) ”.

Sentencing Act 2020

In section 369 of the Sentencing Act 2020 (parenting order in respect of

certain offences under the Education Act 1996)—

(a)

in subsection (1)(a), for “443” substitute “ 436Q ”;

(b)

in subsections (2), (4) and (5)(a), for “443” substitute “ 436Q ”.

Schedule 3

Section 51

Pay and conditions of Academy teachers: amendments to the Education Act

2002

Part 8 of the Education Act 2002 (teachers’ pay and conditions etc) is

amended as follows.

In section 120 (2) (School Teachers’ Review Body function: meaning of school

teacher), for the words from “the Secretary of State’s” to the end substitute

“ section 122 or an Academy teacher for the purposes of section 122A .”

In section 121 (2) (bodies to be consulted by School Teachers’ Review Body),

after paragraph (b) insert—

“(ba)

bodies representing the interests of proprietors of

Academies,”.

In the heading of section 122 , after “conditions” insert “of school teachers

other than Academy teachers”.

Page 129

After section 122 insert—

“122A

Power to set minimum remuneration of Academy teachers etc

(1)

The Secretary of State may by order make provision requiring the

remuneration of an Academy teacher to be at least equal to the

amount specified in, or determined in accordance with, the order.

(2)

Subsection (3) applies where—

(a)

an order under this section applies to an Academy teacher,

and

(b)

the contract of employment or for services between the

Academy teacher and the relevant proprietor provides for

the teacher to be paid remuneration that is less than the

amount specified in, or determined in accordance with, the

order.

(3)

Where this subsection applies—

(a)

the Academy teacher’s remuneration is to be determined

and paid in accordance with any provision of the order that

applies to the teacher;

(b)

any provision of the contract mentioned in subsection (2) (b)

or of the Academy arrangements entered into with the

Secretary of State by the relevant proprietor has no effect to

the extent that it makes provision that is prohibited by, or

is otherwise inconsistent with, the order.

(4)

A person is an Academy teacher for the purposes of this section in

any of the following cases.

(5)

The first case is where—

(a)

the person provides primary or secondary education under

a contract of employment or for services,

(b)

the other party to the contract is the proprietor of an

Academy,

(c)

the contract requires the person to carry out work of a kind

which is specified by regulations under section 133(1), and

(d)

the person—

(i)

is not prevented by regulations under section 133(1)

from carrying out that work, and

(ii)

is not of a description specified in regulations made

by the Secretary of State for the purposes of this

paragraph.

(6)

The second case is where the person—

(a)

serves as the principal of an Academy, and

(b)

is not appointed by the proprietor of the Academy as an

executive leader of the proprietor.

Page 130

(7)

The third case is where the person would fall within section 122(5)

but for the fact that the other party to the contract of employment

or for services under which the person provides primary or

secondary education is the proprietor of an Academy (and not a

party mentioned in section 122(3)(c)).

(8)

Regulations under subsection (5) (d) may, in particular, specify a

description by reference to a person’s duties or to any provision for

a person’s remuneration to be determined otherwise than under

this section.

(9)

Where the proprietor of an Academy is also the proprietor of a 16

to 19 Academy, a person (“P”) is not an Academy teacher for the

purposes of this section to the extent that a contract of employment

or for services between P and the proprietor requires P to provide

secondary education at the 16 to 19 Academy.

(10)

In the application of subsections (2) and (3) —

(a)

it is immaterial whether someone other than the relevant

proprietor provides or is responsible for providing all or

part of a teacher’s remuneration;

(b)

it is immaterial whether someone other than the relevant

proprietor is treated wholly or partly as a teacher’s employer

for some or all purposes by virtue of an enactment.

(11)

In this section “the relevant proprietor”, in relation to an Academy

teacher, means the proprietor mentioned in subsection (5) (b) , (6) (b)

or (7) (as the case may be).”

In section 122A (inserted by paragraph 5 ), after subsection (10) insert—

“(10A)

In determining the conditions of employment or service of an

Academy teacher, the relevant proprietor must have regard to any

provision of an order under section 122 that relates to conditions

of employment or service (and must also have regard to guidance

under section 127(1) that relates to such conditions).”

In section 123 (scope of section 122 orders)—

(a)

in the heading, after “122” insert “or 122A ”;

(b)

after subsection (1) insert—

“(1A)

Subsection (1) applies in relation to an order under section

122A as it does in relation to an order under section 122 but

as if—

(a)

the reference in paragraph (a) to a local authority or

a governing body were to a proprietor of an

Academy, and

(b)

paragraphs (f) to (h) were omitted.”;

(c)

in subsection (2) (b) , after “local authorities” insert “, teachers and

proprietors of Academies”;

(d)

in subsection (3) , after “122” insert “or 122A ”;

Page 131

(e)

in subsection (4) , after paragraph (c) insert—

“(d)

that a payment or entitlement of a specified kind is

or is not to be treated as remuneration for the

purpose of section 122A (1) .”

In section 124 (supplementary provision), after “122”, in each place it occurs

(including the heading), insert “or 122A ”.

In section 125 (1) (requirement to refer matter before making order), after

“122” insert “or 122A ”.

In section 126 (bodies to be consulted by the Secretary of State)—

(a)

after “122” insert “, 122A ”;

(b)

after paragraph (b) insert—

“(ba)

bodies representing the interests of proprietors of

Academies,”.

In section 127 (guidance issued by the Secretary of State)—

(a)

after subsection (2) insert—

“(2A)

The Secretary of State may issue guidance about the

determination of whether, for the purposes of section 122A

, a person’s remuneration is at least equal to the amount

specified in, or determined in accordance with, an order

under that section.

(2B)

The proprietor of an Academy must have regard to guidance

under subsection (2A).”;

(b)

in subsection (3) , after “(1)” insert “or (2A)”;

(c)

in subsection (4) —

(i)

after “(1)” insert “or (2A)”;

(ii)

after paragraph (b) insert—

“(ba)

bodies representing the interests of proprietors

of Academies,”.

After section 127 insert—

“127A

References to “Academy” and “Academy arrangements”

(1)

In sections 121 to 127, a reference to an Academy—

(a)

includes a reference to a city technology college and a city

college for the technology of the arts, and

(b)

does not include a reference to a 16 to 19 Academy.

(2)

A reference in any of those sections to Academy arrangements

includes a reference to an agreement under section 482 of the

Education Act 1996 (city colleges).”

In section 210 (6) (orders not subject to Parliamentary procedure), after “122”

insert “or 122A ”.

Page 132

Schedule 4

Section 60

Establishment of new schools: amendments to Schedule 2 to the Education

and Inspections Act 2006

Schedule 2 to the Education and Inspections Act 2006 (proposals for

establishment or discontinuance of schools in England) is amended as

follows.

In paragraph 1(1) (application of Schedule), omit “, 11”.

In paragraph 2 (meaning of “the relevant authority”), in paragraph (b) omit

“, 11”.

Omit paragraph 3A (meaning of “Academy proposals” and “non-Academy

proposals”) and the italic heading before it.

(1)

Paragraph 4 (references to persons by whom proposals are made) is

amended as follows.

(2)

For paragraph (a), substitute—

“(a)

proposals under section 7 are to be taken to be made—

(i)

where the proposals are submitted to the relevant

authority under subsection (4)(b) of that section, by

the person who submitted them, and

(ii)

where the proposals are published by the relevant

authority in reliance on subsection (5)(aa) of that

section, by the relevant authority, and”.

(3)

In paragraph (b), omit “, 11”.

Omit paragraph 5A (consideration of proposals: distinction between

Academy and non-Academy proposals).

In paragraph 6 (consideration of proposals), for “10 or 11” substitute “7 or

10”.

Omit paragraph 7A (consideration of Academy proposals).

(1)

Paragraph 8 (consideration of proposals: further provision) is amended as

follows.

(2)

In sub-paragraph (2), after “proposals to” insert “the Secretary of State or”.

(3)

After sub-paragraph (4) insert—

“(4A)

Sub-paragraphs (3) and (4) are limited by provision made by or

under paragraph 17A in relation to proposals for the establishment

of an Academy.”

In paragraph 9 (consideration of proposals that are related to other

proposals), in sub-paragraph (2A)(b), omit “, 11”.

In the italic heading before paragraph 10, after “refer to” insert “Secretary

of State or”.

Page 133

(1)

Paragraph 10 (duty to refer certain proposals to adjudicator) is amended

as follows.

(2)

In sub-paragraph (1)—

(a)

in the words before paragraph (a), for “adjudicator” substitute

“appropriate person”,

(b)

for paragraph (a) substitute—

“(a)

all of the proposals published under section 7 which

would otherwise require consideration by the

authority under paragraph 8 where—

(i)

some or all of the proposals are made by the

authority, or

(ii)

the proposals consist of or include proposals

which relate to the establishment of a

foundation school with a foundation falling

within sub-paragraph (2);”, and

(c)

in paragraph (b), omit “or 11”.

(3)

In sub-paragraph (3), for “adjudicator” in both places it occurs, substitute

“appropriate person”.

(4)

After that sub-paragraph insert—

“(4)

In this paragraph, “the appropriate person” means—

(a)

in relation to proposals within sub-paragraph (1)(a), the

Secretary of State;

(b)

in relation to proposals within sub-paragraph (1)(b), the

adjudicator.”

In the italic heading before paragraph 12, for “adjudicator” substitute

“Secretary of State”.

In paragraph 12 (duty to refer proposals in pursuance of direction by

Secretary of State), in sub-paragraph (1), for “adjudicator” substitute

“Secretary of State”.

In the italic heading before paragraph 13, after “refer” insert “certain”.

For paragraph 13 (duty to refer proposals where determination delayed)

substitute—

“13

(1)

This paragraph applies where—

(a)

proposals under section 10 or 15 are required to be

considered under paragraph 8,

(b)

paragraph 8(4) applies in relation to the proposals, and

(c)

by the end of such period as may be prescribed the

relevant authority have not determined whether to give

any approval under paragraph 8(4).

(2)

Where this paragraph applies, the relevant authority must within

a prescribed time refer to the adjudicator the proposals concerned,

Page 134

together with any comments made on the proposals by the

authority.”

(1)

Paragraph 14 (reference to adjudicator at request of aggrieved person) is

amended as follows.

(2)

In sub-paragraph (1), omit “, 11”.

(3)

In sub-paragraph (2)(c), omit “or 11”.

(1)

Paragraph 15 (duty to refer related proposals) is amended as follows.

(2)

In paragraph (a), for “7, 10, 11 or 15” substitute “10 or 15”.

(3)

In paragraph (b), omit “, 11”.

(1)

Paragraph 16 (withdrawal of proposals before determination) is amended

as follows.

(2)

In paragraph (b) of sub-paragraph (1)—

(a)

after “referred to” insert “the Secretary of State or”, and

(b)

for “the adjudicator”, in the second place it occurs, substitute “that

person”.

(3)

In the words after that paragraph, for “the adjudicator” substitute “the

Secretary of State or the adjudicator, as the case may be”.

(4)

In sub-paragraph (2)—

(a)

after “writing to” insert “the Secretary of State or”, and

(b)

for “the adjudicator”, in the second place it occurs, substitute “that

person”.

In the italic heading before paragraph 17, after “to” insert “Secretary of

State or”.

For paragraph 17 substitute—

“17

(1)

This paragraph applies where any proposals are referred to the

Secretary of State or to the adjudicator (“the decision-maker”)

under any provision of this Part of this Schedule.

(2)

The decision-maker must consider the proposals or, in a case

where the proposals have previously been determined by the

relevant authority, must consider them afresh.

(3)

For the purposes of sub-paragraph (2), the following provisions

apply in relation to the decision-maker as they apply in relation

to the relevant authority—

(a)

paragraph 8(3) or (4) (as the case may be);

(b)

paragraph 8(5) and (6).

(4)

For the purposes of sub-paragraph (2) , paragraph 9 applies in

relation to the decision-maker as it applies in relation to the

relevant authority but—

(a)

where the decision-maker is the Secretary of State, it

applies as if sub-paragraph (2A)(b) of that paragraph

Page 135

(requirement to consider related proposals under section

10 or 15) were omitted;

(b)

where the decision-maker is the adjudicator, it applies as

if sub-paragraph (2A)(a) of that paragraph (requirement

to consider related proposals under section 7) were

omitted.

(5)

The revocation of a direction under paragraph 12(1) does not

affect the determination by the Secretary of State of any proposals

referred to the Secretary of State before the revocation.”

After paragraph 17 insert—

“Proposals to establish Academy

17A

(1)

This paragraph applies in relation to proposals published under

section 7 which consist of or include proposals to establish an

Academy, other than proposals which have been referred to the

Secretary of State under paragraph 10.

(2)

The relevant authority must consult the Secretary of State about

the proposals before taking any decision under paragraph 8.

(3)

Regulations may make provision about requirements that apply

in relation to the consultation under sub-paragraph (2) (including

requirements as to the period within which the consultation must

be carried out).

(4)

The relevant authority may not approve under paragraph 8

proposals to establish a particular Academy unless the authority—

(a)

has consulted the Secretary of State about the proposals

under sub-paragraph (2) , and

(b)

has been notified by the Secretary of State in accordance

with regulations that the Secretary of State would (if the

proposals were approved) be willing to begin negotiations

with a view to entering into Academy arrangements for

the establishment of that particular Academy.

(5)

Where the Secretary of State has notified the relevant authority

that the Secretary of State’s willingness to begin negotiations is

subject to modifications being made to the proposals, the authority

may only approve the proposals under paragraph 8 with those

modifications.

(6)

Where the Secretary of State has notified the relevant authority

that the Secretary of State’s willingness to begin negotiations is

subject to the authority imposing conditions in connection with

the approval of the proposals, the authority may only approve

the proposals under paragraph 8 subject to those conditions.

(7)

Sub-paragraphs (5) and (6) do not prevent the relevant authority

approving the proposals with further modifications or conditions,

Page 136

provided that such modifications or conditions are not inconsistent

with those required by the Secretary of State.

(8)

If the proposals have been referred to the adjudicator under

paragraph 10, 11, 13 or 15, the reference in sub-paragraph (2) to

the relevant authority is to be read as a reference to the

adjudicator.

(9)

Sub-paragraphs (4) to (6) have effect in relation to a decision of

an adjudicator under paragraph 8 as they have effect in relation

to a decision of the relevant authority under that paragraph.

(10)

Approval under paragraph 8 by the relevant authority or the

adjudicator of proposals to establish an Academy does not oblige

the Secretary of State to enter into, or seek to enter into, Academy

arrangements.”

(1)

Paragraph 19 (determination whether to implement proposals not requiring

consideration under paragraph 8) is amended as follows.

(2)

In sub-paragraph (4)—

(a)

for paragraph (aa) substitute—

“(aa)

proposals published under section 7 that—

(i)

require consideration under paragraph 8 and

are not yet determined, and

(ii)

are not required to be referred to the Secretary

of State,”;

(b)

in paragraph (b) omit “or 11”.

(1)

Paragraph 21 (requirement to implement proposals) is amended as follows.

(2)

In sub-paragraph (5), after “refer to” insert “the Secretary of State or”.

(3)

After that sub-paragraph insert—

“(5A)

Where the relevant authority have not yet taken a step required

by this paragraph in relation to proposals published under section

7, the Secretary of State may give a direction to the authority

requiring the authority to refer the matter to the Secretary of

State.”

(4)

In sub-paragraph (6), after “paragraph” insert “in relation to proposals

under section 10 or 15”.

(5)

In sub-paragraph (7)—

(a)

in the words before paragraph (a)—

(i)

after “referred to” insert “the Secretary of State or”, and

(ii)

after “adjudicator” insert “(“the decision-maker”)”;

(b)

in paragraph (a), for “adjudicator” substitute “decision-maker”;

(c)

in paragraph (b), for “adjudicator” substitute “decision-maker”.

(1)

Paragraph 22 (proposals not falling to be implemented) is amended as

follows.

Page 137

(2)

In sub-paragraph (3), after “referred to” insert “the Secretary of State or”.

(3)

After that sub-paragraph insert—

“(3A)

Where, by virtue of sub-paragraph (2), paragraph 21(1) ceases to

apply to any proposals approved by the Secretary of State under

paragraph 8, those proposals must be considered afresh by the

Secretary of State under that paragraph (and paragraph 17 applies

accordingly).”

Sort by: Group by:

Amendments

Amendment 449

NO DECISION has been made on this amendment

Clause 53, page 115, line 26, at end insert—
“85ZB Co-operation in providing parents with admissions information
(1) A local authority in England and the governing body of a maintained school in England must co-operate in the provision of admissions information to parents.
(2) The governing body of such a school, where it is the admissions authority for the school, must provide the local authority with such admissions information as is specified in regulations in the electronic format set out in those regulations, within the timescale set out in those regulations.
(3) Within one month of the deadline for schools to provide that information, a local authority must publish the information so provided and the equivalent information for schools for which it is the admissions authority in the same electronic format.”

Type: Backbencher

Signatures: 1

Lord Lucas (Con - Excepted Hereditary)

Member's explanatory statement

This amendment seeks to ensure that complete, accurate, and consistent admissions information is available to all parents.

Opposition Amendment 426B

Tabled: 10 Mar 2025
Notices of Amendments as at 10 March 2025

This amendment was WITHDRAWN

After Clause 35, insert the following new Clause—
“Review: factory shutdowns and school attendance
(1) On the day on which this Act is passed, the Secretary of State must order a review of the effect of factory shutdowns on local school attendance.
(2) The review must consider the merits of varying local school holiday dates to minimise the impact of factory shutdowns on school attendance.
(3) The review must be published within six months of the day on which this Act is passed and must be laid before both Houses of Parliament.”

Type: Opposition

Signatures: 1

Lord Storey (LD - Life peer) - 10 Mar 2025

Liberal Democrat Lords Spokesperson (Education)

Amendment 235A

This amendment was WITHDRAWN

Clause 31, page 54, leave out lines 40 to 44 and insert—
“(b) the names and home addresses of the parent or parents who are taking responsibility for the education of the child;”

Type: Backbencher

Signatures: 1

Lord Hacking (Lab - Excepted Hereditary)

Member's explanatory statement

This amendment seeks to identify the minimum requirement for providing information for the register and ensures that information is only included on parents who have responsibility for educating the child.

Amendment 426C

This amendment was NOT MOVED

After Clause 35, insert the following new Clause—
“Access to extracurricular sport and recreation opportunities
A child educated at home is entitled to reasonable access to extracurricular sport and recreation opportunities offered and co-ordinated by local maintained schools.”

Type: Backbencher

Signatures: 1

Lord Moynihan (Con - Excepted Hereditary)

Member's explanatory statement

This amendment provides home-educated children with access to sport and recreational activities offered by maintained schools.

Opposition Amendment 1

This amendment was WITHDRAWN

Before Clause 1, insert the following new Clause—
“Purpose
(1) The purpose of this Act is to—
(a) improve the safety and wellbeing of children;
(b) improve the regulation of children’s homes, fostering agencies and other settings where looked after children are accommodated;
(c) improve safety and standards and remove barriers to opportunity in schools in England and Wales;
(d) make provision regarding children not in school.”

Type: Opposition

Signatures: 1

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Amendment 450

NO DECISION has been made on this amendment

Clause 53, page 115, line 26, at end insert—
“85ZB Managed moves and the Fair Access Protocol
(1) Before the initiation of any managed move of a registered pupil from one maintained school or Academy to another, the pupil must be considered under the local authority’s Fair Access Protocol.
(2) The consideration under subsection (1) must include consultation with—
(a) the current school,
(b) the proposed receiving school, and
(c) the parent or carer of the pupil, and where appropriate, the pupil.
(3) The local authority must keep and maintain a record of all managed moves occurring to, from, or within its area.
(4) Where a managed move results in the registration of a pupil at a school within the area of a different local authority, the responsibility for monitoring the educational outcomes and welfare of the pupil following the move shall transfer to that receiving local authority upon the pupil's registration at the new school.
(5) The duty imposed by subsection (1) above does not apply—
(a) in circumstances where the child of compulsory school age is removed from the roll of one school and registered at another school solely as a consequence of the child's change of ordinary residence, provided that—
(i) the change of residence is documented and verified, and
(ii) arrangements for re-registration at a new school are underway or have been made within a reasonable period.
(6) A record under subsection (3) must include—
(a) the reasons for the move,
(b) the schools involved,
(c) whether the move was voluntary or directed, and
(d) the outcome for the pupil.
(7) Each local authority must submit an annual report to the Secretary of State containing a summary of managed moves conducted under this section.
(8) The Secretary of State may issue guidance to local authorities and schools on the implementation of this section, to which they must have regard.
(9) In this section—
“managed moves” means a permanent change of the pupil’s school registration, where a move is not a result of—
(a) a permanent exclusion under Section 51A of the Education Act 1996;
(b) a transfer to a special school pursuant to Section 42 of the Children and Families Act 2014;
(c) a change of registration due to school closure;
(d) movement between educational phases;
(e) change in school type as a consequence of the Academy Act 2010.
“school” has the same meaning as in Part 4 of the Education Act 1996.”

Type: Backbencher

Signatures: 2

Baroness Longfield (Lab - Life peer)
Lord Storey (LD - Life peer)

Liberal Democrat Lords Spokesperson (Education)

Opposition Amendment 451

This amendment was NOT CALLED

After Clause 53, insert the following new Clause—
“Placement of permanently excluded children of compulsory school age with unregistered providers
In the Education Act 1996, in section 19 (exceptional provision of education in pupil referral units or elsewhere), after subsection (4A) insert—
“(4B) Local authorities may not discharge their duty of providing suitable education under subsection (1) for children of compulsory school age, by reason of permanent exclusion, through full-time placement in an unregistered school or the equivalent of a full-time placement in multiple unregistered schools, unless the provider is, or the providers are, working towards registration.””

Type: Opposition

Signatures: 1

Lord Storey (LD - Life peer)

Liberal Democrat Lords Spokesperson (Education)

Member's explanatory statement

This amendment aims to prevent the long-term placement of permanently excluded pupils with unregistered providers, which lack regular inspection and formal oversight. It includes an exception for providers actively working towards registration, acknowledging both the shortage of registered alternative provision in some local authority areas and the valuable support offered by many unregistered settings.

Opposition Amendment 2

This amendment was WITHDRAWN

Clause 1, page 1, leave out lines 7 to 10 and insert—
“(1) When a local authority starts formal child protection proceedings in relation to a child, the authority must offer a family group decision-making meeting to the child’s parents or any other person with parental responsibility for the child.”

Type: Opposition

Signatures: 1

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Member's explanatory statement

This amendment seeks to require the offer of a family group decision making meeting when formal child protection proceedings are initiated and / or when the child protection plan is failing to protect the child instead of before the local authority makes an application for a care and supervision order as the trigger for offering the meeting.

Amendment 426D

This amendment was WITHDRAWN

After Clause 35, insert the following new Clause—
“Sharing local authority best practice on home education
(1) All local authorities must provide an annual report to the Secretary of State setting out—
(a) the total number of home educators in their area (A),
(b) the number of complaints they have received from home educators in the preceding year (B), and
(c) the number of School Attendance Orders they have issued in the preceding year (C).
(2) The Secretary of State must make funding and resources available to any local authority which performs in the top ten percent of both—
(a) B as a percentage of A, and
(b) C as a percentage of A,
to facilitate those local authorities sharing best practice regarding management of home education with local authorities performing in the bottom ten percent of the same metrics.”

Type: Backbencher

Signatures: 1

Lord Wei (Con - Life peer)

Amendment 426E

This amendment was NOT MOVED

After Clause 35, insert the following new Clause—
“Harm to the child: prevention of legal action
(1) No parent can be subject to criminal prosecution, penalty, or sanction (“legal action”) under any provision in sections 30 to 35 if the condition in subsection (2) applies.
(2) The condition is that legal action in subsection (1) would result—
(a) in harm to a child’s welfare, or
(b) on balance, in greater harm to a child’s education than if the legal action was not pursued.
(3) For the purposes of subsection (2)—
(a) harm to a child’s welfare is determined with reference to section 1 of the Children Act 1989 (welfare of the child), and
(b) harm to a child’s education is determined with reference to—
(i) section 9 of the Education Act 1996 (pupils to be educated in accordance with parents’ wishes), and
(ii) Article 2 of Protocol 1 of the European Convention on Human Rights (right to education).
(4) Nothing in this section prevents proportionate civil measures, support, or intervention intended to secure the welfare of the child, provided such measures do not have the effect of undermining the child’s access to suitable education.”

Type: Backbencher

Signatures: 1

Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment seeks to prevent prosecution of parents if this would lead to any harm to the child’s welfare and greater harm the child’s education than if legal action was not pursued.

Opposition Amendment 3

This amendment was WITHDRAWN

Clause 1, page 1, line 9, leave out from “parents” to the end of line 10 and insert “and any other person with parental responsibility for the child, or the child, if they have reached the age of 16.”

Type: Opposition

Signatures: 2

Baroness Stedman-Scott (Con - Life peer)

Opposition Whip (Lords)

Earl of Effingham (Con - Excepted Hereditary)

Opposition Whip (Lords)

Member's explanatory statement

This amendment seeks to extend the right to Family Group Conferencing to children aged 16 and 17 so they are able to agree their own care plan.

Amendment 452

NO DECISION has been made on this amendment

Leave out Clause 54, and insert the following new Clause—
“Local authority and academy admission intervention threshold
For section 96 of School Standards and Framework Act 1998 (Direction to admit child to specified school) substitute—
“96 Local authority and academy admission intervention threshold
(1) A local authority may only directly intervene to admit pupils to a school where—
(a) the admission authority has demonstrably failed to meet admissions obligations, or
(b) there is clear evidence of disadvantage or unfair treatment of the pupil involved.
(2) Any local authority direction for admission under subsection (1) must—
(a) be justified with clear evidence, or
(b) be preceded by formal consultation with the relevant admission authority.
(3) An admission authority which is an academy trust may independently determine admission criteria for schools under its control, provided such criteria—
(a) comply with basic fairness and minimum national standards, and
(b) are published and transparent.
(4) Before making significant changes to admission criteria under subsection (3), the admissions authority must consult—
(a) local authorities,
(b) parents of pupils attending schools within the Trust, and
(c) other relevant stakeholders as determined appropriate by the Trust.””

Type: Backbencher

Signatures: 1

Lord Agnew of Oulton (Con - Life peer)

Member's explanatory statement

This amendment limits local authority powers to intervene in admissions to situations where the admission authority has failed to meet its admissions obligations or has treated pupils unfairly. It also outlines the procedure for academy admissions.

Opposition Amendment 4

This amendment was WITHDRAWN

Clause 1, page 1, line 10, at end insert—
“(1A) A family group decision-making meeting must be offered by the relevant local authority when a family is going through private law proceedings.”

Type: Opposition

Signatures: 1

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Member's explanatory statement

This amendment seeks to reduce the conflict in private law proceedings by offering a family group decision making meeting, allow other family members to support the child as well as to identify where there are significant safeguarding risks to the child/children. It seeks to strengthen the intention that mediation and reconciliation out of court are better for the child.

Amendment 427

This amendment was WITHDRAWN

Clause 36, page 79, line 16, at end insert—
“(c) institutions in England that cater for children placed with them for alternative provision by local authorities.”

Type: Backbencher

Signatures: 1

Lord Lucas (Con - Excepted Hereditary)

Member's explanatory statement

This amendment seeks to bring unregistered alternative provision within the scope of routine oversight.

Opposition Amendment 452ZA

NO DECISION has been made on this amendment

After Clause 54, insert the following new Clause—
“Power to direct admission not to have regard to maintained or Academy status
In section 96 of the School Standards and Framework Act 1998 (direction to admit child to specified school), after subsection (2) insert—
“(2A) A direction under this section may not take into account whether a school is a maintained school or an Academy.””

Type: Opposition

Signatures: 1

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Member's explanatory statement

This amendment seeks to ensure that the decisions regarding pupil admissions numbers do not take into account whether the school is an Academy or a local authority maintained school.

Amendment 452A

NO DECISION has been made on this amendment

Clause 55, page 117, line 20, at end insert—
“(c) a child is otherwise vulnerable, including children with refugee or humanitarian protection, or on resettlement schemes, but who do not qualify as an Unaccompanied Asylum-Seeking Child.”

Type: Backbencher

Signatures: 1

Baroness Garden of Frognal (LD - Life peer)

Member's explanatory statement

This amendment and another in the name of Baroness Garden of Frognal broaden the scope of the LA’s new power to include all refugee and asylum-seeking children, not just unaccompanied asylum-seeking children.

Opposition Amendment 5

This amendment was WITHDRAWN

Clause 1, page 1, line 10, at end insert—
“(1A) The family group decision-making meeting, or meetings, must follow an evidence based approach including the appointment of an independent and suitably trained coordinator, including in relation to domestic abuse.”

Type: Opposition

Signatures: 2

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Lord Farmer (Con - Life peer)

Member's explanatory statement

This amendment seeks to ensure that family group decision-making meetings follow an evidence based approach.

Amendment 427A

This amendment was NOT MOVED

Clause 36, page 79, line 16, at end insert—
“but an institution which provides religious instruction as an addition to the education which its students receive elsewhere is not an independent educational institution.”

Type: Backbencher

Signatures: 1

Lord Lucas (Con - Excepted Hereditary)

Amendment 427B

This amendment was NOT MOVED

Clause 36, page 79, line 29, at end insert—
“(e) provide that several separate organisations should be considered as one organisation for the purposes of this section.”

Type: Backbencher

Signatures: 2

Lord Lucas (Con - Excepted Hereditary)
Baroness Spielman (Con - Life peer)

Member's explanatory statement

This amendment would allow the government to counter evasion based on dividing a child’s education between several institutions.

Opposition Amendment 6

This amendment was NOT MOVED

Clause 1, page 1, line 10, at end insert—
“(1A) Before a child is reunited with any family member after a period of being looked after, a local authority must offer a family group decision-making meeting to the child’s parents or any other person with parental responsibility.”

Type: Opposition

Signatures: 1

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Member's explanatory statement

This amendment seeks to ensure that family group decision-making meetings are held before family reunification.

Amendment 452B

NO DECISION has been made on this amendment

Clause 55, page 118, line 2, at end insert "and this may include a child in the asylum process or who has refugee status"

Type: Backbencher

Signatures: 1

Baroness Garden of Frognal (LD - Life peer)

Member's explanatory statement

This amendment and another in the name Baroness Garden of Frognal broaden the scope of the LA’s new power to include all refugee and asylum-seeking children, not just unaccompanied asylum-seeking children.

Opposition Amendment 427BA

This amendment was WITHDRAWN

Clause 36, page 80, line 18 leave out line 18 and insert—
“(d) an Academy, University Technical College or studio school;”

Type: Opposition

Signatures: 1

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Member's explanatory statement

This amendment seeks to include academies, University Technical Colleges and studio schools as excepted institutions for the purposes of the new section 92 in the Education and Skills Act 2008.

Amendment

NO DECISION has been made on this amendment

Lord Agnew of Oulton gives notice of his intention to oppose the Question that Clause 55 stand part of the Bill.

Type: Backbencher

Signatures: 1

Lord Agnew of Oulton (Con - Life peer)

Amendment 7

This amendment was NOT MOVED

Clause 1, page 2, line 3, after second “meeting” insert “process including preparation”

Type: Backbencher

Signatures: 4

Baroness Armstrong of Hill Top (Lab - Life peer)
Baroness Longfield (Lab - Life peer)
Baroness Drake (Lab - Life peer)
Lord Farmer (Con - Life peer)

Amendment 8

This amendment was NOT MOVED

Clause 1, page 2, line 7, at end insert—
“(4A) The family group decision making meeting must—
(a) be facilitated by a trained coordinator, who has no decision-making responsibility for the child, and
(b) include private time for the family network members attending the meeting and the child, if in attendance, to draw up their proposal to address concerns about the child’s welfare.”

Type: Backbencher

Signatures: 4

Baroness Armstrong of Hill Top (Lab - Life peer)
Baroness Longfield (Lab - Life peer)
Lord Hampton (XB - Excepted Hereditary)
Baroness Drake (Lab - Life peer)

Opposition Amendment 453

NO DECISION has been made on this amendment

After Clause 55, insert the following new Clause—
“Governance of managed moves by the local authority
After section 96 of the School Standards and Framework Act 1998, insert—
“96A Governance of managed moves by the local authority
(1) Managed moves of a registered pupil from one maintained school or Academy to another must be arranged through the local authority’s fair access panel, as governed by the area’s Fair Access Protocol.
(2) The duty imposed by subsection (1) does not apply in circumstances where the child of compulsory school age is removed from the roll of one school and registered at another school solely as a consequence of the child’s change of ordinary residence, provided that the change of residence is documented and verified.
(3) The local authority must keep and maintain a record of all managed moves occurring to, from, or within its area and this record must include—
(a) the reasons for the move,
(b) the schools involved,
(c) whether the move was voluntary or directed, and
(d) the outcome for the pupil.
(4) Where a managed move results in the registration of a pupil at a school within the area of a different local authority, the responsibility for monitoring the educational outcomes and welfare of the pupil following the move transfer to the receiving local authority upon the pupil’s registration at the new school.
(5) Each local authority must submit an annual report to the Secretary of State containing a summary of managed moves conducted under this section.
(6) The Secretary of State may issue guidance to local authorities and schools on the implementation of this section, to which they must have regard.
(7) In this section—
“managed moves” means a permanent change of the pupil’s school registration, where a move is not a result of—
(a) a permanent exclusion under section 51A of the Education Act 2002,
(b) a transfer to a special school pursuant to section 42 of the Children and Families Act 2014,
(c) a change of registration due to school closure,
(d) movement between educational phases,
(e) a change in school type as a consequence of the Academy Act 2010;
“school” has the same meaning as in Part 4 of the Education Act 1996.””

Type: Opposition

Signatures: 2

Lord Storey (LD - Life peer)

Liberal Democrat Lords Spokesperson (Education)

Baroness Longfield (Lab - Life peer)

Member's explanatory statement

This amendment requires all schools to route all managed moves through the local area’s existing Fair Access Protocol (FAP) and local authorities to report on their use to the Department for Education. This would subject managed moves to a collaborative peer review and ensure appropriate local authority and the Department of Education knowledge and oversight.

Amendment 427C

This amendment was NOT MOVED

Clause 36, page 80, line 23, at end insert—
“(h) an institution—
(i) that is only providing religious instruction or guidance,
(ii) where parents or guardians of attendees have registered at their Local Authority that they provide suitable out-of-school education separate from or in addition to any attendance at the institution, and
(iii) where the institution demonstrates to the Local Authority that it provides the required safeguarding measures.”

Type: Backbencher

Signatures: 2

Lord Bishop of Manchester (Bshp - Bishops)
Lord Glasman (Lab - Life peer)

Opposition Amendment 453A

NO DECISION has been made on this amendment

Clause 56, page 118, line 29, at end insert—
“(4A) Where making a decision the adjudicator must take into account—
(a) the performance of the school, and
(b) whether the school is oversubscribed.”

Type: Opposition

Signatures: 1

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Member's explanatory statement

This amendment seeks to ensure that the adjudicator must consider the performance and the subscription of the school.

Amendment 9

This amendment was NOT MOVED

Clause 1, page 2, line 7, at end insert—
“(4A) The local authority must work with the child and their family network to implement the proposal made in (4)(b), where it addresses the local authority’s concerns about the child’s welfare.”

Type: Backbencher

Signatures: 3

Baroness Armstrong of Hill Top (Lab - Life peer)
Baroness Longfield (Lab - Life peer)
Baroness Drake (Lab - Life peer)

Amendment

This amendment was STOOD PART

Lord Lucas gives notice of his intention to oppose the Question that Clause 36 stand part of the Bill.

Type: Backbencher

Signatures: 1

Lord Lucas (Con - Excepted Hereditary)

Member's explanatory statement

This is intended to allow discussion of this clause in general, the intended regulations, and the effect on various classes of entity including after-school religious instruction.

Opposition Amendment

This amendment was WITHDRAWN BEFORE DEBATE

[Withdrawn]
Clause 1, page 2, line 7, at end insert—
“(4A) A family group decision-making meeting must be chaired by a systemic family therapist or other similarly qualified professional.”

Type: Opposition

Signatures: 1

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Member's explanatory statement

This amendment would require family group decision-making meetings to be chaired by a family therapist or other professional with equivalent qualifications.

Opposition Amendment 428

This amendment was NOT MOVED

Clause 37, page 81, line 36, at end insert—
“(1B) Powers under subsection (1) may not be exercised in relation to an academy.”

Type: Opposition

Signatures: 1

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Member's explanatory statement

This amendment specifies that the Secretary of State should rely on the provisions in Funding Agreements as regards to academies.

Opposition Amendment 453B

NO DECISION has been made on this amendment

Clause 56, page 118, leave out lines 33 to line 38

Type: Opposition

Signatures: 1

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Member's explanatory statement

This amendment seeks to remove the regulation-making power which would specify the matters the adjudicator must consider if changing the pupil admissions number.

Amendment 10

This amendment was NOT MOVED

Clause 1, page 2, line 9, leave out from “welfare” to “and” in line 11

Type: Backbencher

Signatures: 3

Baroness Armstrong of Hill Top (Lab - Life peer)
Baroness Longfield (Lab - Life peer)
Baroness Drake (Lab - Life peer)

Amendment 429

This amendment was NOT MOVED

Clause 37, page 81, line 41, at end insert—
“(3B) Before the Secretary of State may prescribe any standard under subsection (3A), they must lay before Parliament a statement certifying that the proposed standard will not limit independent educational institutions’ independence with respect to admissions, the curriculum, or examinations, except if necessary to secure the safeguarding, wellbeing, or the spiritual, moral, social, and cultural development of pupils.
(3C) Before the Secretary of State may issue any guidance or publish any document which a proprietor of any independent educational institution must have regard to by virtue of the independent educational institution standards (including any standard prescribed by virtue of subsection (3A)), the Secretary of State must lay before Parliament a statement certifying that the proposed guidance or document will not interfere with independent educational institutions’ independence with respect to admissions, the curriculum, or examinations, except if necessary to secure the safeguarding, wellbeing, or the spiritual, moral, social, and cultural development of pupils.”

Type: Backbencher

Signatures: 2

Lord Lexden (Con - Life peer)
Lord Black of Brentwood (Con - Life peer)

Member's explanatory statement

This amendment seeks to limit the Government’s power to require independent educational institutions to have regard to guidance on topics where these institutions are not already subject to Government control.

Amendment 454

Tabled: 10 Mar 2025
Notices of Amendments as at 10 March 2025

NO DECISION has been made on this amendment

Clause 56, page 119, line 7, at end insert—
“88IB Admission authority appeals
(1) An admission authority may appeal decisions made by the schools' adjudicator regarding admissions numbers or arrangements.
(2) Appeals under subsection (1) must be made to an independent panel appointed by the Secretary of State, whose decision is to be final.”

Type: Backbencher

Signatures: 1

Lord Agnew of Oulton (Con - Life peer) - 10 Mar 2025

Member's explanatory statement

This amendment seeks to provide admission authorities with an explicit right to appeal adjudicator decisions in relation to admission numbers.

Amendment 11

Tabled: 10 Mar 2025
Notices of Amendments as at 10 March 2025

This amendment was NOT MOVED

Clause 1, page 2, line 14, at end insert—
“(5A) A family group decision-making meeting may only be attended by such members of the “family network” as are agreed by those persons listed in subsection (1) and subject to subsection (3).”

Type: Backbencher

Signatures: 3

Baroness Armstrong of Hill Top (Lab - Life peer) - 10 Mar 2025
Baroness Longfield (Lab - Life peer) - 10 Mar 2025
Baroness Drake (Lab - Life peer) - 10 Mar 2025

Opposition Amendment

Tabled: 10 Mar 2025
Notices of Amendments as at 10 March 2025

NO DECISION has been made on this amendment

Baroness Barran gives notice of her intention to oppose the Question that Clause 56 stand part of the Bill.

Type: Opposition

Signatures: 1

Baroness Barran (Con - Life peer) - 10 Mar 2025

Shadow Minister (Education)

Opposition Amendment 429A

This amendment was NOT MOVED

Clause 37 page 81, line 41 at end insert—
“(3B) A standard may not be prescribed in relation to the proprietor of an academy school, an alternative provision academy, a non-maintained special school, a University Technical College, a city technology college, a city college for the technology of arts or a 16 to 19 Academy.”

Type: Opposition

Signatures: 1

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Member's explanatory statement

This amendment would exempt academy schools, non-maintained special schools, city technology colleges, city colleges for the technology of arts or 16 to 19 Academies from the standard setting powers in Clause 37.

Amendment 455

NO DECISION has been made on this amendment

After Clause 56, insert the following new Clause—
“Review: rural school admissions policies
(1) The Secretary of State must, within six months of the day on which this Act is passed, lay before Parliament a review of school admission policies in rural areas.
(2) The review under subsection (1) must include an assessment of whether admissions policies in these areas are affected by the availability of home to school transport.”

Type: Backbencher

Signatures: 1

Baroness McIntosh of Pickering (Con - Life peer)

Amendment 12

This amendment was NOT MOVED

Clause 1, page 2, line 20, at end insert—
“(7A) Where a local authority is not intending to make an application under section 31 of the Children Act 1989, or issue a letter before proceedings in relation to a child, but where a Director of Children’s Services is satisfied that holding a family group decision-making meeting would assist in formulating a plan to help meet the needs of the child the Director must arrange for an offer of a family group decision making meeting to be made to—
(a) the child’s parents,
(b) any other person with parental responsibility for the child, and
(c) the child, if they have reached the age of sixteen.”

Type: Backbencher

Signatures: 3

Baroness Armstrong of Hill Top (Lab - Life peer)
Baroness Longfield (Lab - Life peer)
Baroness Drake (Lab - Life peer)

Amendment 430

This amendment was NOT MOVED

Clause 37, page 82, line 16, at end insert—
“(3A) Omit sections 106 (Independent inspectorates) and 107 (Quality assurance of independent inspectorates).”

Type: Backbencher

Signatures: 3

Baroness Morgan of Cotes (Non-affiliated - Life peer)
Baroness Berridge (Con - Life peer)
Baroness Spielman (Con - Life peer)

Member's explanatory statement

This amendment would remove sections 106 and 107 of the Education and Skills Act 2008 which give the Secretary of State powers to approve bodies to inspect independent schools (such as the Independent Schools Inspectorate) and requires the Chief Inspector to report on those bodies. The amendment seeks to probe the Government’s readiness for the Independent Schools Inspectorate to become part of OFSTED.

Amendment 13

This amendment was NOT MOVED

Clause 1, page 2, leave out lines 21 to 23 and insert—
“(8) The child should be invited to be involved in their family-group decision-making meeting, where consistent with their welfare.”

Type: Backbencher

Signatures: 3

Baroness Armstrong of Hill Top (Lab - Life peer)
Baroness Longfield (Lab - Life peer)
Baroness Drake (Lab - Life peer)

Amendment 456

NO DECISION has been made on this amendment

After Clause 56, insert the following new Clause—
“50% cap on all new faith school admissions
(1) Any newly established maintained school or academy of a religious character that is selective on the basis of faith must adopt admissions criteria that provide that, if oversubscribed, at least 50% of its places available each year will be allocated without reference to faith-based admission criteria.
(2) Subsection (1) does not apply to an Academy established by virtue of a maintained school being converted into an Academy under section 4 of the Academies Act 2010, unless it applied to the maintained school prior to conversion.
(3) In subsection (1), “newly established” means schools established more than two months after the date on which this Act comes into force.”

Type: Backbencher

Signatures: 2

Lord Watson of Invergowrie (Lab - Life peer)
Lord Dubs (Lab - Life peer)

Member's explanatory statement

This new clause would require all new schools with faith-based admissions (other than those which were pre-existing maintained schools that have converted to being academies) to apply a 50% cap on faith-based admissions places when oversubscribed, in line with the cap for new academies and free schools.

Government Amendment 431

This amendment was AGREED

Clause 37, page 86, line 4, leave out from beginning to “(see” in line 5 and insert “In subsection (1), the reference to providing education or supervised activity does not include providing boarding accommodation or activities necessary to ensure the welfare of boarders”

Type: Government

Signatures: 1

Baroness Smith of Malvern (Lab - Life peer)

Minister of State (Department for Work and Pensions)

Member's explanatory statement

This amendment clarifies that the offence of providing education or supervised activity while the registration of an independent educational institution is suspended is not committed by providing boarding accommodation (which may be prohibited separately) or activity necessary to ensure the welfare of boarders, such as supervised meals or fire safety instruction.

Amendment 14

This amendment was NOT MOVED

Clause 1, page 2, leave out lines 21 to 26 and insert—
“(8) The child in relation to whom the family group decision-making meeting is held must be supported to attend all or part of the meeting if they wish to do so, unless the local authority determines this not to be in the best interests of the child, in which instance efforts must be made to ensure their views are represented.
(9) In exercising functions under this section in relation to a child, the local authority must, so far as is reasonably practicable and consistent with the child’s welfare—
(a) ascertain the child’s wishes and feelings, and
(b) give due consideration (having regard to the child’s age and understanding) to such wishes and feelings of the child as they have been able to ascertain.”

Type: Backbencher

Signatures: 4

Baroness Tyler of Enfield (LD - Life peer)
Baroness Bennett of Manor Castle (Green - Life peer)
Baroness Walmsley (LD - Life peer)
Lord Farmer (Con - Life peer)

Member's explanatory statement

This amendment would ensure the views of the child are explicitly sought and given due weight as part of the family group decision-making process, in decisions affecting the child.

Amendment 457

NO DECISION has been made on this amendment

After Clause 56, insert the following new Clause—
“Reporting of faith-based selection in school admissions
(1) The Secretary of State must, within 12 months of the day on which this Act is passed, collect and publish data on the individual admission arrangements used by all schools.
(2) The Secretary of State must, on an annual basis—
(a) require schools, via the school census, to report their current admission policy, specifying the proportion of places that may be allocated based on faith-related criteria such as proof of religious affiliation;
(b) include information on school admissions and faith-based selection in all relevant education data publications, including national education statistics, Department for Education published data files, and the ‘Get Information About Schools’ service.”

Type: Backbencher

Signatures: 1

Baroness Burt of Solihull (LD - Life peer)

Member's explanatory statement

This new Clause would introduce a requirement for regular and transparent reporting of individual school admission arrangements. It seeks to clarify the extent to which schools with a religious character use faith-based criteria—such as proof of faith—for selecting pupils.

Opposition Amendment 431A

This amendment was NOT MOVED

After Clause 37, insert the following new Clause—
“Review of independent educational institution standards
(1) The Secretary of State must publish a report on the predicted impact of section 37(2) of this Act (independent educational institution standards).
(2) The review must include the predicted impact of that subsection on—
(a) academy schools;
(b) alternative provision academies;
(c) non-maintained special schools;
(d) university technical colleges;
(e) city technology colleges;
(f) city colleges for the technology of arts;
(g) 16 to 19 academies.”

Type: Opposition

Signatures: 2

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Baroness Spielman (Con - Life peer)

Member's explanatory statement

This amendment, and another in the name of Baroness Barran, seeks to prevent section 37(2) of the Act from coming into force until the Secretary of State has published a report on the predicted impact of that subsection on the academic institutions set out in this amendment.

Opposition Amendment 457A

NO DECISION has been made on this amendment

After Clause 56, insert the following new Clause—
“Limits on objections to changes to PAN
In section 88H of the School Standards and Framework Act 1998 (reference of objections to adjudicator), after subsection (2) insert—
“(2A) No objection may be referred to the adjudicator which—
(a) objects to an increase in a school’s published admissions number, or
(b) objects to a school’s published admissions number remaining at the same level.””

Type: Opposition

Signatures: 1

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Member's explanatory statement

This amendment seeks to limit objections pupil admissions numbers if they increase or remain stable.

Opposition Amendment 15

This amendment was NOT MOVED

Clause 1, page 2, line 26, at end insert—
“(10) If the child is under the age of two, the family group decision-making conference must not delay the timetable for the making of permanent arrangements regarding the child’s care.”

Type: Opposition

Signatures: 1

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Member's explanatory statement

This amendment is designed to ensure that the offer of a family group decision-making meeting does not unduly delay making permanent arrangements regarding the child’s care.

Amendment 432

This amendment was NOT MOVED

After Clause 38, insert the following new Clause—
“Unregistered independent educational institutions: inspection powers
Section 97 of the Education and Skills Act 2008 (Unregistered independent educational institutions: inspection) is amended as follows—
(a) at the beginning of subsection (1)(a) insert “without a warrant,”
(b) at the beginning of subsection (1)(b) insert “compel the production of,”.”

Type: Backbencher

Signatures: 1

Lord Lucas (Con - Excepted Hereditary)

Member's explanatory statement

This amendment seeks to allow discussion of the efficiency and effectiveness of Ofsted’s powers in regard to investigating unregistered independent schools.

Opposition Amendment 16

This amendment was NOT MOVED

Clause 1, page 2, line 26, at end insert—
“(10) Nothing in this section permits an extension to the 26-week limit for care proceedings in section 14(2)(ii) of the Children and Families Act 2014.”

Type: Opposition

Signatures: 1

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Member's explanatory statement

This amendment seeks to clarify that where a family group decision making process is used, it does not delay care proceedings beyond the 26 week limit.

Opposition Amendment 457B

NO DECISION has been made on this amendment

After Clause 56, insert the following new Clause—
“High performing schools to be allowed to expand PAN
In section 88D of the School Standards and Framework Act 1998 (determination of admission numbers), after subsection (1) insert—
“(1A) Where a school—
(a) being a primary school, has over 60% of its pupils meeting the expected standard in reading, writing and maths combined in the Key Stage 2 national curriculum assessments,
(b) being a secondary school, is performing above +0.5 on Progress 8,
wishes to increase its published admissions number, the admission authority must reflect that wish in its determination.””

Type: Opposition

Signatures: 1

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Member's explanatory statement

This amendment seeks to allow high performing schools to be able to increase their pupil admission numbers.

Amendment 432A

This amendment was NOT MOVED

After Clause 38, insert the following new Clause—
“Unregistered independent educational institutions: offences
After section 96 of the Education and Skills Act 2008 (Unregistered independent educational institutions: offence), insert—
“96A Premises of unregistered independent educational institutions: offence
(1) The proprietor or owner of a property (or their agent) who provides premises for an unregistered independent educational institution under section 96 (Unregistered independent educational institutions: offence) is guilty of an offence.
(2) A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding 51 weeks or to a fine not exceeding level 5 on the standard scale (or to both).
96B Assisting or encouraging the administration of an unregistered independent educational institution: offence
(1) A person who assists or encourages the administration of an unregistered independent educational institution under section 96 (Unregistered independent educational institutions: offence) is guilty of an offence.
(2) A person guilty of an offence under this section is liable on summary conviction to imprisonment for a term not exceeding 51 weeks or to a fine not exceeding level 5 on the standard scale (or to both).””

Type: Backbencher

Signatures: 2

Baroness Blackstone (Lab - Life peer)
Baroness Morris of Yardley (Lab - Life peer)

Member's explanatory statement

This amendment seeks to create two offences: (1) providing premises for an illegal school (including primary or subleasing landlords, and letting agents) and (2) assisting or encouraging the administration of an illegal school.

Opposition Amendment 432B

This amendment was NOT MOVED

Clause 39, page 96, leave out lines 17 and 18

Type: Opposition

Signatures: 1

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Member's explanatory statement

This amendment seeks to remove the inclusion of a change in the buildings occupied and made available for student use within the definition of a material change.

Opposition Amendment 17

This amendment was NOT MOVED

Clause 1, page 2, line 26, at end insert—
“(10) If the child is to be looked after by other family members as a result of the family group decision-making meeting, the local authority must make arrangements for the safety and welfare of the child concerned and where necessary, draw up a child protection plan.”

Type: Opposition

Signatures: 1

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Member's explanatory statement

This amendment seeks to ensure that if a child is going to be looked after by other family members, the local authority takes appropriate action to ensure their safety and welfare.

Opposition Amendment

Tabled: 10 Mar 2025
Notices of Amendments as at 10 March 2025

NO DECISION has been made on this amendment

Baroness Barran gives notice of her intention to oppose the Question that Clause 57 stand part of the Bill.

Type: Opposition

Signatures: 1

Baroness Barran (Con - Life peer) - 10 Mar 2025

Shadow Minister (Education)

Opposition Amendment 458

NO DECISION has been made on this amendment

After Clause 62, insert the following new Clause—
“Prohibition of smartphones during the school day
(1) Within 12 months of the day on which this Act is passed, all schools in England must have a policy that prohibits the use and possession of smartphones by pupils during the school day.
(2) Any policy implemented under subsection (1)—
(a) may provide for exemptions from the policy, or for an alternative policy, for sixth form students, in so far as such exemptions or alternative policies do not negatively impact upon the wider policy,
(b) may provide for exemptions for medical devices,
(c) is to be implemented as the relevant school leader considers appropriate, and
(d) may, where implemented by a boarding school or residential school, include appropriate guidance for the use of certain devices during other periods in which their pupils are on school premises, subject to such policies safeguarding and promoting the welfare of children in accordance with relevant national standards.
(3) For the purposes of this section—
“smartphones” means a mobile telephone that is able to connect to the internet and whose main purpose is not the support of learning or study;
“the school day” includes all time between the start of the first lesson period and the end of the final lesson period.”

Type: Opposition

Signatures: 4

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Lord Hampton (XB - Excepted Hereditary)
Baroness Kidron (XB - Life peer)
Lord Russell of Liverpool (XB - Excepted Hereditary)

Member's explanatory statement

This new clause requires schools to ban the use of smartphones during the school day.

Amendment 433

This amendment was NOT MOVED

Clause 39, page 96, line 43, at end insert—
“(2D) Subsection (2)(i) does not prevent any special institution from making special provision for any child after they have been admitted to the institution if, in the professional opinion of the institution, that child has a type or types of special needs for which the school does not ordinarily make special provision and which could only be identified after admission.
(2E) In the case of any school relying on the provisions of subsection (2D), they may make a material change application if they reasonably expect that the special provision will be required for more than two academic terms, or if the exemption will apply to three or more pupils on their roll.
(2F) In making this material change application, it is not to be considered retrospective, nor will a school relying on the provisions of subsection (2D) suffer any detriment or adverse judgement, even if the application is made after the special provision begins, provided that they make the application within two academic terms of the provision beginning.”

Type: Backbencher

Signatures: 2

Lord Lexden (Con - Life peer)
Lord Black of Brentwood (Con - Life peer)

Member's explanatory statement

This amendment reflects the concerns of some independent special institutions that the requirement to submit a material change application before offering new special needs provision would make it impossible to support pupils who are admitted presenting one need, but are later discovered to have further special needs.

Amendment 18

This amendment was NOT MOVED

Clause 1, page 2, line 26, at end insert—
“(10) In exercising functions under this section in relation to a child, a local authority must regularly reconsider the right of the child removed from their parents’ care to have relationships with their “family network” as defined in subsection (5).”

Type: Backbencher

Signatures: 1

Lord Farmer (Con - Life peer)

Member's explanatory statement

This amendment seeks to ensure that a child’s changing needs are considered throughout childhood and enable any necessary support to facilitate these relationships.

Opposition Amendment

This amendment was WITHDRAWN BEFORE DEBATE

[Withdrawn]
Clause 1, page 2, line 26, at end insert—
“(10) If a child is to be looked after by other family members as a result of the family group decision-making meeting, the local authority must make arrangements to ensure the safety and welfare of the child and prepare a child protection plan that reflects this.”

Type: Opposition

Signatures: 1

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Member's explanatory statement

This amendment seeks to ensure that if a child is going to be looked after by other family members, the local authority takes appropriate action, that is reflected in the child protection plan, to assure their safety and welfare.

Opposition Amendment 433A

Tabled: 07 Mar 2025
Notices of Amendments as at 7 March 2025

This amendment was NOT MOVED

Clause 39, page 96, line 43, at end insert—
“(2D) The Secretary of State must issue guidance for relevant institutions on how subsection (2)(g) is to be understood.”

Type: Opposition

Signatures: 1

Baroness Barran (Con - Life peer) - 07 Mar 2025

Shadow Minister (Education)

Member's explanatory statement

This would require the Secretary of State to issue guidance to independent schools on how to apply subsection (2)(g).

Amendment 458A

Tabled: 07 Mar 2025
Notices of Amendments as at 7 March 2025

NO DECISION has been made on this amendment

After subsection (2)(d) insert—
“(e) may provide for exemptions for educational purposes.”

Type: Backbencher

Signatures: 3

Lord Knight of Weymouth (Lab - Life peer) - 07 Mar 2025
Baroness Kidron (XB - Life peer) - 07 Mar 2025
Lord Russell of Liverpool (XB - Excepted Hereditary) - 07 Mar 2025

Member's explanatory statement

The amendment seeks to ensure that schools may return smartphones to students during the school day for educational purposes such as media literacy lessons.

Amendment 434

Tabled: 07 Mar 2025
Notices of Amendments as at 7 March 2025

This amendment was NOT MOVED

Clause 42, page 100, line 31, at end insert—
“(f) search the premises.”

Type: Backbencher

Signatures: 2

Baroness Blackstone (Lab - Life peer) - 07 Mar 2025
Baroness Morris of Yardley (Lab - Life peer) - 07 Mar 2025

Member's explanatory statement

This amendment seeks to allow the HM lnspectors to search premises for evidence it is conducting an offence of operating an illegal school without need for a warrant.

Opposition Amendment 459

Tabled: 07 Mar 2025
Notices of Amendments as at 7 March 2025

NO DECISION has been made on this amendment

After Clause 62, insert the following new Clause—
“Duty for schools to report acts of violence against staff to the police
(1) Where an act which meets the conditions set out in subsection (2) takes place which involves the use or threat of force against a member of a school’s staff, the school must report the incident to the police.
(2) An act must be reported to the police where—
(a) it is directed towards a member of school staff or their property, and
(b) it takes place—
(i) on school property, or
(ii) because of the victim’s status as a member of a school’s staff.
(3) The provisions of this section do not require or imply a duty on the police to take specific actions in response to such reports.”

Type: Opposition

Signatures: 3

Baroness Barran (Con - Life peer) - 07 Mar 2025

Shadow Minister (Education)

Lord Hampton (XB - Excepted Hereditary) - 07 Mar 2025
Lord Bailey of Paddington (Con - Life peer) - 07 Mar 2025

Member's explanatory statement

This new clause seeks to create a duty for all schools to report acts or threats of violence against their staff to the police. It would not create a requirement for the police to charge the perpetrator.

Opposition Amendment 19

Tabled: 07 Mar 2025
Notices of Amendments as at 7 March 2025

This amendment was NOT MOVED

After Clause 1, insert the following new Clause—
“Cessation of child protection plans
When proceedings are initiated or a care or supervision order is issued under section 31 of the Children Act 1989 (care and supervision), if there is any cessation of a child protection plan for a child under five years old, the cessation must be signed off by the relevant Director of Children’s Services or Head of Social Work Practice.”

Type: Opposition

Signatures: 1

Baroness Barran (Con - Life peer) - 07 Mar 2025

Shadow Minister (Education)

Member's explanatory statement

This amendment seeks to ensure that the relevant Director of Children’s Services or Head of Social Work Practice must sign off any cessation of child protection plans for children under five years old once proceedings have been initiated or once a care or supervision order has been issued.

Opposition Amendment 460

Tabled: 07 Mar 2025
Notices of Amendments as at 7 March 2025

NO DECISION has been made on this amendment

After Clause 62, insert the following new Clause—
“National tutoring guarantee
(1) The Secretary of State must, within six months of the passing of this Act, publish a report outlining the steps necessary to introduce a national tutoring guarantee.
(2) A “national tutoring guarantee” means a statutory requirement on the Secretary of State to ensure access to small group academic tutoring for all disadvantaged children who require academic support.
(3) A report published under this section must include an assessment of how best to deliver targeted academic support from qualified tutors to children—
(a) from low-income backgrounds,
(b) with low prior attainment,
(c) with additional needs, or
(d) who are young carers.
(4) In preparing a report under this section, the Secretary of State must consult with—
(a) headteachers,
(b) teachers,
(c) school leaders,
(d) parents of children from low-income backgrounds,
(e) children from low-income backgrounds, and
(f) other individuals or organisations as the Secretary of State considers appropriate.
(5) A report under this section must be laid before Parliament.
(6) Within three months of a report under this section being laid before Parliament, the Secretary of State must take steps to begin implementation of the recommendations contained in the report.”

Type: Opposition

Signatures: 1

Lord Storey (LD - Life peer) - 07 Mar 2025

Liberal Democrat Lords Spokesperson (Education)

Member's explanatory statement

This amendment requires the Secretary of State to publish a report outlining the steps required to introduce a national tutoring guarantee, and to begin implementing its recommendations.

Amendment 20

Tabled: 07 Mar 2025
Notices of Amendments as at 7 March 2025

This amendment was WITHDRAWN

Clause 2, page 2, line 31, leave out subsections (2) to (4) and insert—
“(2) In subsection (3)—
(a) omit paragraph (a) in the definition of “relevant agency”;
(b) at the end of the definition of “safeguarding partner”, insert—
“(d) those relevant agencies which are designated childcare or education agencies.”.
(3) For the purposes of this section, a relevant agency is a “designated childcare or education agency” if it—
(a) has functions relating to the provision of childcare or education (or both), and
(b) is designated as such by regulations made by the Secretary of State.”

Type: Backbencher

Signatures: 2

Lord Hampton (XB - Excepted Hereditary) - 07 Mar 2025
Lord Bichard (XB - Life peer) - 07 Mar 2025

Member's explanatory statement

This amendment seeks to expand the definition of safeguarding partner to include all “designated childcare and education agencies” by default. It also seeks to remove the requirement that “relevant agencies” are designated by the Secretary of State.

Amendment 435

This amendment was WITHDRAWN

After Clause 44, insert the following new Clause—
“School inspections: multi-academy trusts
In section 5(2)(d) of the Education Act 2005, after “schools”, insert “and trusts””

Type: Backbencher

Signatures: 4

Lord Blunkett (Lab - Life peer)
Baroness Blower (Lab - Life peer)
Lord Watson of Invergowrie (Lab - Life peer)
Baroness Morris of Yardley (Lab - Life peer)

Amendment 21

This amendment was NOT MOVED

Clause 2, page 2, line 35, after “agencies” insert “or family hubs”

Type: Backbencher

Signatures: 1

Lord Farmer (Con - Life peer)

Member's explanatory statement

This and other amendments to Clause 2 in the name of Lord Farmer add family hubs, which support families as the primary means by which children are safeguarded, to the list of new agencies which have to be included in safeguarding arrangements.

Amendment 436

This amendment was NOT MOVED

After Clause 44, insert the following new Clause—
“Transfer of the Independent Schools Inspectorate functions to Ofsted
(1) The Education and Inspections Act 2006 is amended as follows.
(2) After section 156, insert—
“156A Transfer of the Independent Schools Inspectorate functions to the Office
(1) The Secretary of State must by regulations transfer the functions of the Independent Schools Inspectorate to the Office.
(2) The Secretary of State must make regulations under this section within one year of the day on which the Children’s Wellbeing and Schools Act 2025 is passed.
(3) A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.””

Type: Backbencher

Signatures: 3

Baroness Morgan of Cotes (Non-affiliated - Life peer)
Baroness Berridge (Con - Life peer)
Baroness Spielman (Con - Life peer)

Member's explanatory statement

This probing amendment seeks to clarify the Government’s readiness for the Independent Schools Inspectorate to become part of OFSTED.

Amendment 461

NO DECISION has been made on this amendment

After Clause 62, insert the following new Clause—
“Establishment of a national body for SEND
(1) The Secretary of State must, within 12 months of the passing of this Act, establish a national body for special educational needs and disabilities (SEND) in relation to children.
(2) The functions of the national body for SEND will include, but not be limited to—
(a) national coordination of SEND provision for children,
(b) supporting the delivery of SEND support for children with very high needs, and
(c) advising on funding needed by local authorities for SEND provision for children.
(3) Any mechanism used by the national body for SEND in advising on funding under subsection (2)(c) should be based on current need and may disregard historic spend.”

Type: Backbencher

Signatures: 2

Lord Addington (LD - Excepted Hereditary)
Lord Watson of Invergowrie (Lab - Life peer)

Member's explanatory statement

This amendment requires the Secretary of State to establish a national body for special educational needs and disabilities (SEND) in relation to children.

Amendment 462

NO DECISION has been made on this amendment

After Clause 62, insert the following new Clause—
“Duty of school governing bodies regarding mental health provision
(1) Subject to subsection (3), the governing body of a maintained or academy school in England has a duty to make arrangements for provision in the school of a dedicated education mental health practitioner.
(2) In subsection (1) “education mental health practitioner” means a person with a graduate-level or postgraduate-level qualification of that name earned through a course commissioned by NHS England.
(3) Where a school has 100 or fewer pupils, the duty under subsection (1) may be satisfied through collaborative provision between several schools.
(4) The Secretary of State must provide, or make arrangements for the provision of, appropriate financial and other support to school governing bodies for the purposes of facilitating the fulfilling of the duty in subsection (1).”

Type: Backbencher

Signatures: 3

Baroness Tyler of Enfield (LD - Life peer)
Lord Storey (LD - Life peer)

Liberal Democrat Lords Spokesperson (Education)

Baroness Finlay of Llandaff (XB - Life peer)

Member's explanatory statement

This amendment requires the governing body of a maintained or academy school in England to make arrangements for provision in the school of a dedicated education mental health practitioner.

Amendment 22

This amendment was NOT MOVED

Clause 2, page 3, line 5, after “agency” insert “or family hub”

Type: Backbencher

Signatures: 1

Lord Farmer (Con - Life peer)

Member's explanatory statement

Opposition Amendment 436ZZA

This amendment was NOT MOVED

After Clause 44, insert the following new Clause—
“Intervention powers for underperforming multi-academy trusts
(1) The Secretary of State must monitor the educational performance of multi-academy trusts (“MATs”) to identify those that are significantly underperforming relative to their local peer group.
(2) For the purposes of subsection (1), a MAT is significantly underperforming if—
(a) over a period of three consecutive academic years, the weighted average educational outcomes across all academies within the trust that qualify to be included in the national league tables, fall below the tenth percentile when compared to schools serving similar levels of deprivation within the same local authority area or statistical neighbour group, and
(b) the trust demonstrates insufficient progress in addressing identified weaknesses despite support and intervention measures.
(3) The educational outcomes referred to in subsection (2)(a) include—
(a) in respect of the primary phase, Key Stage 2 attainment measures in reading, writing and mathematics;
(b) in respect of the secondary phase, Key Stage 4 attainment and progress measures;
(c) such other measures as the Secretary of State may specify by regulations.
(4) When assessing performance under subsection (2), the Secretary of State must adjust comparisons to account for levels of deprivation.
(5) Where the Secretary of State is satisfied that a MAT meets the criteria in subsection (2), the Secretary of State may—
(a) commission Ofsted to inspect the MAT at group level and report to the Department for Education and publicly on areas of weakness,
(b) issue a notice to improve specifying areas where improvement is required and timescales,
(b) require the trust to engage with a specified school improvement partner,
(c) terminate the master funding agreement and all supplemental funding agreements, or
(d) take such other steps as appear necessary to secure improvement, including rebrokering all or some of the schools to another local MAT or MATs.
(6) Before exercising powers under subsection (5), the Secretary of State must—
(a) give the trust written notice of the intention to intervene, specifying the grounds and proposed actions,
(b) provide the trust with an opportunity to make representations within 28 days,
(c) consider any representations made, and
(d) notify the trust in writing of the final decision and reasons.
(7) A MAT may appeal a decision under subsection (5) to the First-tier Tribunal within 28 days of receiving notice of the decision.
(8) The Secretary of State must publish an annual report on—
(a) the number of MATs identified as underperforming,
(b) interventions undertaken, and
(c) any outcomes achieved through intervention measures.
(9) The Secretary of State may make regulations by statutory instrument which—
(a) specify additional educational outcome measures under subsection (3)(c);
(b) prescribe deprivation indicators under subsection (4);
(c) set out detailed procedures for performance assessment and intervention;
(d) define “local peer group” and “statistical neighbour group” for the purposes of this section.
(10) A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.”

Type: Opposition

Signatures: 2

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Baroness Spielman (Con - Life peer)

Amendment 436ZZB

This amendment was NOT MOVED

After Clause 44, insert the following new Clause—
“Multi-academy trusts: inspection
(1) Within six months of the day on which this Act is passed, the Secretary of State must establish an inspection regime for multi-academy trusts (MATs), to be discharged by His Majesty’s Chief Inspector of Schools.
(2) The inspection regime must assess the effectiveness and value for money of MATs.
(2) The inspections under the regime must prioritise MATs—
(a) which are seeking to enter into new partnerships with schools,
(b) whose schools are on average significantly under-performing, or
(c) which are not providing value for money.
(3) The inspection regime must take into account—
(a) varying MAT models, and
(b) the level of centralisation in the structure of the MAT.
(4) Inspections must be informed by—
(a) school-level inspections, and
(b) financial information held by the Department for Education regarding the MAT.”

Type: Backbencher

Signatures: 2

Baroness Spielman (Con - Life peer)
Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Member's explanatory statement

This amendment seeks to establish an inspection regime for multi-academy trusts.

Amendment 23

This amendment was NOT MOVED

Clause 2, page 3, line 6, leave out “or education (or both)” and insert “, education or family support (or all three)”

Type: Backbencher

Signatures: 1

Lord Farmer (Con - Life peer)

Member's explanatory statement

Amendment 463

NO DECISION has been made on this amendment

After Clause 62, insert the following new Clause—
“Duty to provide relationships and sex education and PSHE to persons who have not attained the age of 18 at further education institutions
(1) The Children and Social Work Act 2017 is amended as follows.
(2) In section 34 (education relating to relationships and sex)—
(a) at the end of subsection (1)(b) insert—
“(c) relationships and sex education to be provided to persons who have not attained the age of 18 and who are receiving education at post-16 education institutions in England.”;
(b) in subsection (2)(a), after “schools” insert “and further education providers”;
(c) in subsection (2)(b), after “schools” insert “and further education providers”;
(d) in subsection (2)(c), after “schools” insert “and further education providers”.
(3) In section 35 (other personal, social, health and economic education)—
(a) at the end of subsection (1)(b) insert—
“(c) to persons who have not attained the age of 18 and who are receiving education at post-16 education institutions in England.”;
(b) in subsection (2)(a), after “schools” insert “and further education providers”;
(c) in subsection (2)(b), after “schools” insert “and further education providers”;
(d) in subsection (2)(c), after “schools” insert “and further education providers”.”

Type: Backbencher

Signatures: 4

Baroness Lister of Burtersett (Lab - Life peer)
Baroness Morgan of Cotes (Non-affiliated - Life peer)
Lord Hampton (XB - Excepted Hereditary)
Lord Bishop of Gloucester (Bshp - Bishops)

Member's explanatory statement

This new clause would extend the existing provision of relationships and sex education and PSHE under the Children and Social Work Act 2017 to people under the age of 18 who are receiving education at post-16 education institutions in England.

Amendment 464

NO DECISION has been made on this amendment

After Clause 62, insert the following new Clause—
“Reporting of racist incidents in schools
Local authorities must require all schools under their authority to record and report any incidents of racism and faith-based bullying, and any subsequent action taken.”

Type: Backbencher

Signatures: 4

Baroness Whitaker (Lab - Life peer)
Lord Bishop of Lincoln (Bshp - Bishops)
Lord Bourne of Aberystwyth (Con - Life peer)
Baroness Bakewell of Hardington Mandeville (LD - Life peer)

Member's explanatory statement

This amendment would require local authorities to require schools to record and report racist incidents and the action taken.

Amendment 24

This amendment was NOT MOVED

Clause 2, page 3, line 9, at end insert—
“(4A) In subsection (3)—
(a) omit the “and” after paragraph (b) in the definition of “relevant agency”;
(b) after paragraph (b) in the definition of “relevant agency” insert “and
(c) those agencies which are designated childcare or education agencies.”.
(4B) After subsection (3) insert—
“(4) Before making regulations under subsection (3) the Secretary of State must consult—
(a) childcare and education agencies in England including primary, secondary and further education providers;
(b) local authorities in England;
(c) such other persons (if any) as the Secretary of State considers appropriate.
(5) Before making regulations under subsection (3) the Secretary of State must have regard to—
(a) the effectiveness of the arrangements set out in subsections (1) and (2);
(b) the range of structures created;
(c) whether sufficient time has passed to judge the effectiveness of these arrangements and structures.””

Type: Backbencher

Signatures: 2

Lord Hampton (XB - Excepted Hereditary)
Baroness Longfield (Lab - Life peer)

Member's explanatory statement

This amendment would give a power to the Secretary of State to make childcare and education agencies a local statutory safeguarding partner.

Amendment 436ZA

This amendment was WITHDRAWN

Clause 45, page 108, line 13, at end insert “qualified,”

Type: Backbencher

Signatures: 1

Lord Knight of Weymouth (Lab - Life peer)

Member's explanatory statement

This amendment seeks to extend investigations to those qualified teachers currently teaching overseas. The effect being that should they return to the UK, or seek employment with employers who make a prohibition check with the Teaching Regulation Authority, incidents carried out overseas will be covered.

Amendment 436ZB

This amendment was NOT MOVED

Clause 45, page 109, line 28, at end insert—
“(4A) In section 141C (list of persons prohibited from teaching etc) at the end of subsection (5) insert “, including making reasonable efforts to include any changes of name by such persons.”

Type: Backbencher

Signatures: 1

Lord Knight of Weymouth (Lab - Life peer)

Member's explanatory statement

This amendment addresses concerns that person prohibited from teaching are using name changes to evade detection in prohibition order checks.

Amendment 465

NO DECISION has been made on this amendment

After Clause 62, insert the following new Clause—
“Spiritual, moral, social and cultural education in assemblies
(1) Chapter VI of Part II of the School Standards and Framework Act 1998 (religious education and worship) is amended as follows.
(2) For section 70(1) (requirements relating to collective worship) substitute—
“(1) Subject to section 71, each pupil in attendance at—
(a) a community, foundation or voluntary school in Wales,
(b) a foundation or voluntary school in England which is designated with a religious character, or
(c) an Academy in England which is designated with a religious character,
must take part in an act of collective worship at least one time per week.”
(3) In section 70(2), for “community, foundation or voluntary school”, substitute “school to which subsection (1) applies”.
(4) After section 70, insert—
“70A Requirements relating to assemblies
(1) This section applies to schools in England that are—
(a) maintained schools without a religious character,
(b) non-maintained special schools,
(c) City Technology Colleges, and
(d) academies without a religious character.
(2) Each pupil in attendance at a school to which this section applies must at least once during the school week take part in an assembly which is principally directed towards furthering the spiritual, moral, social and cultural education of the pupils regardless of religion or belief.
(3) In relation to any school to which this section applies—
(a) the local authority responsible for education (in the case of maintained schools) and the governing body must exercise their functions with a view to securing, and
(b) the head teacher must secure,
that subsection (2) is complied with.””

Type: Backbencher

Signatures: 4

Baroness Burt of Solihull (LD - Life peer)
Lord Watson of Invergowrie (Lab - Life peer)
Lord Dubs (Lab - Life peer)
Lord Storey (LD - Life peer)

Liberal Democrat Lords Spokesperson (Education)

Member's explanatory statement

This amendment removes the requirement for daily collective worship in England for maintained schools and academies without a religious character, non-maintained special schools, and city technology colleges, and instead introduces a requirement for a minimum weekly assembly furthering spiritual, moral, social and cultural education.

Amendment 25

This amendment was NOT MOVED

Clause 2, page 3, line 11, leave out “16E(2A)(b) or (3)” and insert “16E(4)(b)”

Type: Backbencher

Signatures: 2

Lord Hampton (XB - Excepted Hereditary)
Lord Bichard (XB - Life peer)

Member's explanatory statement

This amendment and another in the name of Lord Bichard seek to expand the definition of safeguarding partner to include all “designated childcare and education agencies” by default.

Opposition Amendment 26

This amendment was NOT MOVED

Clause 2, page 3, line 11, at end insert—
“(6) The Secretary of State must produce a report on the impact of the inclusion of childcare and education agencies in safeguarding arrangements on the resources and costs of education and childcare organisations in England.
(7) A report under subsection (6) must be made within two years of the day on which this Act is passed and annually thereafter.
(8) The Secretary of State must lay a report made under subsection (6) before Parliament.”

Type: Opposition

Signatures: 1

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Member's explanatory statement

This amendment requires the Secretary of State to report on the impact on the inclusion of childcare and education agencies in safeguarding arrangements on the resources and costs of education and childcare organisations.

Opposition Amendment 466

NO DECISION has been made on this amendment

After Clause 62, insert the following new Clause—
“Relationship, sex, and health education curriculum
All external resources used in schools within the relationship, sex, and health education curriculum and teaching time must be published, citable, and accessible for public and regulatory scrutiny.”

Type: Opposition

Signatures: 4

Lord Sandhurst (Con - Excepted Hereditary)

Opposition Whip (Lords)

Baroness Morris of Yardley (Lab - Life peer)
Baroness Finlay of Llandaff (XB - Life peer)
Baroness Cass (XB - Life peer)

Member's explanatory statement

This amendment seeks to ensure that only resources that are accessible in the public domain are used to teach the RSHE curriculum.

Amendment 436A

This amendment was WITHDRAWN

Clause 46, page 110, line 17, at end insert—
“(1A) In section 133 (requirement to be qualified), in subsection (1), after “work” insert “in relation to National Curriculum subjects only””

Type: Backbencher

Signatures: 2

Baroness Wolf of Dulwich (XB - Life peer)
Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Opposition Amendment 436B

This amendment was NOT MOVED

Clause 46, page 110, line 17, at end insert—
“(1A) In section 133 (requirement to be qualified) after subsection (1) insert—
“(1A) The requirement in subsection (1)(a) only applies after a person has been carrying out such work in a school for five years.””

Type: Opposition

Signatures: 1

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Member's explanatory statement

This amendment would allow schools a 5 year period for teaching staff to gain QTS.

Opposition Amendment 467

NO DECISION has been made on this amendment

After Clause 62, insert the following new Clause—
“Relationship, sex, and health education curriculum (No. 2)
(1) The Secretary of State must issue guidance to schools on parental access to RSHE school curriculum materials.
(2) The guidance issued under subsection (1) must include—
(a) a clear instruction to schools that they must not prevent parents from requesting and viewing copies of school curriculum materials on the grounds that this could risk a breach of copyright, but may remind them of copyright law around copying and replication, and
(b) a clear instruction that schools must not enter into commercial confidentiality arrangements with third party providers who provide curriculum material for use with children in schools which purport to prevent their disclosure to parents and carers.”

Type: Opposition

Signatures: 4

Lord Sandhurst (Con - Excepted Hereditary)

Opposition Whip (Lords)

Baroness Morris of Yardley (Lab - Life peer)
Baroness Cass (XB - Life peer)
Baroness Ludford (LD - Life peer)

Member's explanatory statement

This amendment seeks to ensure parents are able to view materials in the RSHE curriculum as existing copyright law already allows for limited copying and sharing of published material and seeks to prevent schools from entering into commercial confidentiality arrangements around curriculum material.

Opposition Amendment 27

This amendment was NOT MOVED

Clause 2, page 3, line 11, at end insert—
“(6) The Secretary of State must, by regulations, place a duty on the local authority to identify a single point of contact to support education providers in their responsibilities under this Act.”

Type: Opposition

Signatures: 1

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Member's explanatory statement

This amendment seeks to probe whether all education and children organisations can contact the LADO.

Opposition Amendment 28

This amendment was NOT MOVED

Clause 2, page 3, line 11, at end insert—
“(6) The Secretary of State must, by regulations, place a duty on education providers to identify a single point of contact to take part in the strategic safeguarding arrangements.”

Type: Opposition

Signatures: 1

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Member's explanatory statement

This amendment seeks to probe how education providers will be involved in strategic safeguarding arrangements.

Amendment 468

This amendment was NOT CALLED

After Clause 62, insert the following new Clause—
“Alternative systems of education
(1) The Secretary of State may, if so requested, make a declaration that an alternative system of education is expected, when carefully followed, to be a suitable education for most children.
(2) The Secretary of State may take whatever advice they deem appropriate in arriving at such a conclusion.
(3) If the Secretary of State, having been so requested, refuses to make such a declaration, they shall publish in full their reasons for refusal.
(4) If the Secretary of State makes such a declaration, they must publish a full account of the alternative system of education concerned.
(5) In deciding whether to grant such a declaration, the Secretary of State may not require of the alternative system of education standards better than those obtaining, on average, in the worst 10 per cent of English state schools.
(6) The Secretary of State may at any time reconsider a decision to grant or refuse a declaration.
(7) A parent may appeal to the Tribunal against a decision of the secretary of state to refuse to make a declaration.
(8) An appeal under subsection (7) must be brought within a period of 28 days beginning with the date on which the Secretary of State’s decision was notified to the parent.
(9) On an appeal, the Tribunal may—
(a) confirm the decision of the Secretary of State, or
(b) direct that the Secretary of State should make a declaration.”

Type: Backbencher

Signatures: 1

Lord Lucas (Con - Excepted Hereditary)

Member's explanatory statement

This amendment seeks to provide a route for the in-principle approval of religious and other systems of education, for example, Charedi schooling. This will allow discussion of how the government intends to approach these systems.

Opposition Amendment 436C

This amendment was NOT MOVED

Clause 46, page 110, line 17, at end insert—
“(1A) In section 133 (requirement to be qualified) after subsection (1) insert—
“(1A) Where a person is carrying out such work for the purposes of teaching a shortage subject, the requirement in subsection (1)(a) does not apply.
(1B) For the purposes of this section, “shortage subject” means any subject in relation to which the recruitment targets set by the department for initial teacher training have not been met in the most recent years for which such statistics exist.””

Type: Opposition

Signatures: 1

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Member's explanatory statement

This amendment seeks to allow schools to employ teachers who do not hold QTS for shortage subjects.

Amendment 469

NO DECISION has been made on this amendment

After Clause 62, insert the following new Clause—
“Child rights impact assessment
(1) A Minister of the Crown must prepare and publish a child rights impact assessment in relation to any legislative provision, policy decision, budgetary decision, or other decision of a strategic or operational nature that has or will have a direct or indirect impact on children’s wellbeing,social care or education, which are undertaken by virtue of the provisions in this Act.
(2) The purpose of a child rights impact assessment is to secure better or further effect of the rights set out in the United Nations Convention on the Rights of the Child (UNCRC).
(3) A child rights impact assessment must include consideration of the views, wishes and feeling of children and young people affected by the decision, insofar as the Minister is able to ascertain those views.
(4) A child rights impact assessment should be undertaken on all relevant legislation, policy and budget development which are undertaken by virtue of the provisions in this Act at the earliest possible opportunity and prior to making final decisions.
(5) The UNCRC includes the rights and obligations set out in—
(a) the United Nations Convention on the Rights of the Child Part 1;
(b) Articles 1 to 6(1), 6(3) and 7 of the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict;
(c) Articles 1 to 10 of the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography;
(d) any other Optional Protocols to the UNCRC that the United Kingdom may in future ratify.
(6) The UNCRC rights and obligations for the purposes of this Act are subject to any reservations, objections or interpretative declarations by the United Kingdom as may be in force at the time.
(7) The UNCRC rights and obligations for the purposes of this Act should be interpreted in the light of General Comments prepared by the UN Committee on the Rights of the Child under rule 77 of its procedure and Concluding Observations made by the UN Committee on the Rights of the Child in response to a United Kingdom report under Article 45 paragraph (d) of the Convention.”

Type: Backbencher

Signatures: 4

Baroness Lister of Burtersett (Lab - Life peer)
Baroness Bennett of Manor Castle (Green - Life peer)
Lord Bishop of Gloucester (Bshp - Bishops)
Baroness Walmsley (LD - Life peer)

Member's explanatory statement

This amendment will introduce a statutory requirement for Ministers – and thereby government departments – to routinely prepare and make publicly available a children’s rights assessment of the impact and/or expected impact of any proposed legislation, policy, budgetary decision or other strategic or operational decision undertaken by virtue of the provisions in this Act as they relate to children’s wellbeing, social care or education.

Amendment 437

This amendment was NOT MOVED

Clause 46, page 110, line 18, after “qualified),” insert—
“(za) after subsection (1), insert—
“(1A) The specified requirements in subsection (1)(b) may include that the person is a practitioner, in a particular profession, skill, business or other relevant pursuit who has the necessary expertise to assist a child’s learning experience in a formal learning environment.””

Type: Backbencher

Signatures: 1

Lord Holmes of Richmond (Con - Life peer)

Opposition Amendment

This amendment was STOOD PART

Baroness Barran gives notice of her intention to oppose the Question that Clause 2 stand part of the Bill.

Type: Opposition

Signatures: 1

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Member's explanatory statement

This seeks to probe how the Government expects this Clause to work in practice both operationally and strategically.

Amendment 29

This amendment was WITHDRAWN

Clause 3, page 3, leave out lines 25 and 26

Type: Backbencher

Signatures: 1

Baroness O'Neill of Bexley (Con - Life peer)

Member's explanatory statement

This amendment seeks to clarify what support the Secretary of State will require multi-agency partners to offer.

Amendment 437A

This amendment was NOT MOVED

Clause 46, page 110, line 22, at end insert—
“(2A) In section 133, after subsection (6), insert—
“(7) “qualified teacher” shall include individuals who, though not possessing formal teacher training certification, hold a university-level qualification directly related to the subject they are teaching, and who demonstrate competency through practical teaching experience or relevant professional experience in their subject area.””

Type: Backbencher

Signatures: 1

Lord Agnew of Oulton (Con - Life peer)

Member's explanatory statement

This amendment seeks to include in the definition of “qualified teacher” individuals who have significant subject-specific qualifications and practical teaching or professional experience, recognising the expertise they bring to educational settings without a traditional teaching qualification.

Amendment 470

NO DECISION has been made on this amendment

After Clause 62, insert the following new Clause—
“Duty on UK Ministers
(1) A Minister of the Crown must, when exercising any or all of their functions under this Act, as they relate to children’s wellbeing, social care or education, have due regard to the rights and obligations set out in the United Nations Convention on the Rights of the Child (UNCRC).
(2) In complying with the duty under subsection (1), Ministers of the Crown must take account of the relevant views, wishes and feelings of children insofar as the Minister is able to ascertain those views.
(3) When discharging their duties under the provisions in this Act, Ministers of the Crown must promote public awareness and understanding of the UNCRC as it relates to children’s wellbeing, social care or education, including among children, public authorities, and those performing public functions impacting children’s wellbeing, social care or education.
(4) In complying with this duty, Ministers of the Crown must prepare and publish child rights impact assessments in relation to any legislative provision, policy decision, budgetary decision, or other decision of a strategic or operational nature that has or will have a direct or indirect impact on children’s wellbeing, social care or education, which are undertaken by virtue of the provisions in this Act.
(5) As soon as is practicable after the end of each three-year period, the Secretary of State must publish (in such a manner as they deem appropriate) a report of the steps taken in that period specifically to secure implementation of the rights and obligations set out in the UNCRC, as they relate to children’s wellbeing, social care or education.
(6) A report published under subsection (5) must include—
(a) an assessment of the extent to which the UNCRC is being implemented for children and young people in relation to wellbeing, social care and education;
(b) steps taken to promote understanding and awareness of the rights of children, as they relate to wellbeing, social care or education.
(7) The UNCRC includes the rights and obligations set out in—
(a) the United Nations Convention on the Rights of the Child Part 1;
(b) Articles 1 to 6(1), 6(3) and 7 of the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict;
(c) Articles 1 to 10 of the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography;
(d) any other Optional Protocols to the UNCRC that the UK may in future ratify.
(8) The UNCRC rights and obligations for the purposes of this Act are subject to any reservations, objections or interpretative declarations by the United Kingdom as may be in force at the time.
(9) The UNCRC rights and obligations for the purposes of this Act should be interpreted in light of General Comments prepared by the UN Committee on the Rights of the Child under rule 77 of its procedure and Concluding Observations made by the UN Committee on the Rights of the Child in response to a UK report under Article 45 paragraph (d) of the Convention.”

Type: Backbencher

Signatures: 4

Baroness Lister of Burtersett (Lab - Life peer)
Baroness Bennett of Manor Castle (Green - Life peer)
Lord Bishop of Gloucester (Bshp - Bishops)
Baroness Walmsley (LD - Life peer)

Member's explanatory statement

The purpose of this amendment is to require Ministers to have due regard to the rights and obligations set out in the United Nations Convention on the Rights of the Child (UNCRC) when exercising their functions under this Act, as they relate to children’s wellbeing, social care or education.

Opposition Amendment

This amendment was STOOD PART

Baroness Barran gives notice of her intention to oppose the Question that Clause 46 stand part of the Bill.

Type: Opposition

Signatures: 1

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Amendment 471

NO DECISION has been made on this amendment

After Clause 62, insert the following new Clause—
“Inclusion of non-religious beliefs in religious education
(1) Section 375 of the Education Act 1996 is amended as follows.
(2) Omit subsection (3) and insert—
“(3) Every agreed syllabus shall—
(a) reflect the fact that the religious traditions in Great Britain are in the main Christian, and
(b) take account of the teachings of the other principal religions and non-religious beliefs represented in Great Britain.
(3A) In subsection (3)(b), the reference to non-religious beliefs is to non-religious philosophical convictions that—
(a) are explicitly non-religious, and
(b) are philosophical convictions within the meaning of Article 2 of the First Protocol to the European Convention on Human Rights.
(3B) In subsection (3A)(b) “the European Convention on Human Rights” means the Convention for the Protection of Human Rights and Fundamental Freedoms, agreed by the Council of Europe at Rome on 4 November 1950, as it has effect for the time being in relation to the United Kingdom; and “the First Protocol”, in relation to that Convention, means the protocol to the Convention agreed at Paris on 20 March 1952.””

Type: Backbencher

Signatures: 3

Baroness Burt of Solihull (LD - Life peer)
Lord Watson of Invergowrie (Lab - Life peer)
Lord Dubs (Lab - Life peer)

Member's explanatory statement

This amendment requires non-religious beliefs to be taught in religious education, and defines non-religious beliefs for those purposes.

Opposition Amendment 30

This amendment was WITHDRAWN

Clause 3, page 3, line 27, leave out from beginning to end of line 11 on page 4

Type: Opposition

Signatures: 2

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Baroness O'Neill of Bexley (Con - Life peer)

Member's explanatory statement

This amendment seeks to confirm that Local Authorities can use their discretion in how the MACPTs are implemented operationally in their areas.

Amendment 31

This amendment was NOT MOVED

Clause 3, page 4, line 3, at end insert—
“(e) representatives from any other relevant agencies.”

Type: Backbencher

Signatures: 1

Baroness O'Neill of Bexley (Con - Life peer)

Member's explanatory statement

This amendment seeks to ensure that there is an effective multi-agency team.

Amendment 438

This amendment was NOT MOVED

After Clause 46, insert the following new Clause—
“Fast-track teacher qualification access for home educators
A parent who has home educated for at least three years may apply for fast-tracked access to a qualified teacher status pathway, without requiring additional in-school experience.”

Type: Backbencher

Signatures: 1

Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment seeks to acknowledge the teaching experience of home educators by enabling direct access to teacher qualification pathways without repeating basic training.

Amendment 472

NO DECISION has been made on this amendment

After Clause 62, insert the following new Clause—
“Establishment of a national children’s wellbeing measurement programme
(1) The Secretary of State must establish a national children’s wellbeing measurement programme.
(2) A programme established under this section must—
(a) conduct an annual online national survey of the wellbeing of children in relevant schools in England;
(b) provide central analysis of data and support for schools in the administration of the survey;
(c) make provision for school, parental and student consent to participation in the survey, ensuring that participation is voluntary and that results are handled confidentially;
(d) regularly publish the results of the survey and provide relevant data to participating schools, local authorities and other public bodies for the purposes of improving children’s wellbeing.
(3) For the purposes of this section, “wellbeing” includes the drivers of wellbeing, including nutrition, physical activity, participation in arts, culture and entertainment and any other factors the Secretary of State deems relevant.
(4) For the purposes of this section, “relevant schools” includes academy schools, alternative provision, maintained schools, non-maintained special schools, independent schools, and pupil referral units.”

Type: Backbencher

Signatures: 4

Lord O'Donnell (XB - Life peer)
Lord Layard (Lab - Life peer)
Baroness Tyler of Enfield (LD - Life peer)
Lord Moynihan (Con - Excepted Hereditary)

Amendment 473

NO DECISION has been made on this amendment

After Clause 62, insert the following new Clause—
“Right to convert underperforming schools to community learning hubs
Where Ofsted rates a school as inadequate for three consecutive years, a majority vote of local home-educating families may petition for its conversion into a community learning hub.”

Type: Backbencher

Signatures: 1

Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment empowers communities to repurpose failing schools into shared learning centres for home-educated children, promoting community-led education and flexible use of public assets.

Opposition Amendment 439

This amendment was NOT MOVED

After Clause 46, insert the following new Clause—
“Anti-bullying training for school staff and inspectors
(1) The Secretary of State must ensure that anti-bullying training is a core component of—
(a) all initial teacher training programmes;
(b) induction training for Ofsted inspectors.
(2) The Secretary of State must ensure all school staff in England and Ofsted inspectors are provided with continuing professional development (CPD) in anti-bullying strategies with refresher training to be provided at appropriate intervals.”

Type: Opposition

Signatures: 1

Lord Storey (LD - Life peer)

Liberal Democrat Lords Spokesperson (Education)

Amendment 32

This amendment was NOT MOVED

Clause 3, page 4, line 3, at end insert—
“(e) a member of the Children With Disabilities Team.”

Type: Backbencher

Signatures: 1

Baroness Fraser of Craigmaddie (Con - Life peer)

Member's explanatory statement

This amendment seeks to include a member of Children’s Disabilities Team into the multi-agency child protection team.

Amendment 33

This amendment was WITHDRAWN

Clause 3, page 4, leave out lines 8 to 11

Type: Backbencher

Signatures: 1

Baroness O'Neill of Bexley (Con - Life peer)

Member's explanatory statement

This amendment aims to leave discretion about the qualifications of those who are part of MACPTs to the relevant agency responsible. It also aims for clarity about where the Secretary of State might lift the requirement for qualifications in this work.

Amendment 440

This amendment was WITHDRAWN

Clause 47, page 111, line 13, at end insert—
“(5A) Subsection (1)(b)(ii) does not apply in relation to an educational institution that has received an OFSTED rating of Good or equivalent in the last three years.”

Type: Backbencher

Signatures: 1

Lord Agnew of Oulton (Con - Life peer)

Member's explanatory statement

This amendment and another in the name of Lord Agnew seeks to ensure that academies which are rated as “Good” are not required to follow the National Curriculum.

Amendment 474

NO DECISION has been made on this amendment

After Clause 62, insert the following new Clause—
“Curriculum materials
All external resources used in schools must be published, citable, and accessible for public and regulatory scrutiny.”

Type: Backbencher

Signatures: 1

Lord Lucas (Con - Excepted Hereditary)

Member's explanatory statement

This amendment seeks to ensure that only resources that are accessible in the public domain are used, so that parents can at all times know what their children are being taught.

Amendment 475

NO DECISION has been made on this amendment

After Clause 62, insert the following new Clause—
“Review of off-rolling in schools
(1) Within 12 months of the passing of this Act, the Secretary of State must publish a review into the practice of off-rolling in schools.
(2) The review must produce proposals outlining the steps necessary to eliminate the practice of off-rolling in schools.”

Type: Backbencher

Signatures: 1

Lord Addington (LD - Excepted Hereditary)

Member's explanatory statement

This amendment requires the Secretary of State to review the practice of off-rolling and to produce proposals to eliminate the practice.

Amendment 34

This amendment was WITHDRAWN

Clause 3, page 4, line 14, at end insert—
“(7A) The local authority must provide the resources to enable continuous professional development training to be provided to all teachers and teaching assistants with responsibilities for supporting vulnerable children that interact with multi agency child protection teams.”

Type: Backbencher

Signatures: 1

Lord Agnew of Oulton (Con - Life peer)

Member's explanatory statement

This amendment seeks to ensure that schools have the resources to meet their statutory commitments.

Amendment 441

This amendment was NOT MOVED

Clause 47, page 111, line 16, at end insert, “, except that an Academy school is not obliged to deliver the National Curriculum to a child with SEND, provided that, if appropriate, assisted technology is used to support the child's learning.”

Type: Backbencher

Signatures: 1

Lord Addington (LD - Excepted Hereditary)

Member's explanatory statement

This amendment seeks to remove an obligation to deliver the National Curriculum to a child with SEND, provided the child is offered appropriate assistive technology to support their learning.

Amendment 35

This amendment was NOT MOVED

Clause 3, page 4, line 15, at end insert—
““Children’s Disabilities Team” means any team provided by a local authority that is providing services under section 17 of the Children Act 1989;”

Type: Backbencher

Signatures: 1

Baroness Fraser of Craigmaddie (Con - Life peer)

Amendment 442

This amendment was NOT MOVED

Clause 47, page 111, line 28, at end insert “, unless the Academy school has received an OFSTED rating of Good or equivalent in the last three years.”

Type: Backbencher

Signatures: 1

Lord Agnew of Oulton (Con - Life peer)

Member's explanatory statement

This amendment and another in the name of Lord Agnew seeks to ensure that academies which are rated as “Good” are not required to follow the National Curriculum.

Amendment 476

This amendment was WITHDRAWN BEFORE DEBATE

[Withdrawn]
After Clause 62, insert the following new Clause—
“Educational cessation
Where a child has demonstrably completed a course of education equivalent to five GCSEs at grades 4–9, they shall no longer be subject to compulsory education requirements under Part VI of the Education Act 1996.”

Type: Backbencher

Signatures: 1

Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment seeks to allow children who have already completed the equivalent of GCSE-level work to be exempt from further compulsory education. This acknowledges that some children may exceed the educational requirements before the traditional age of 16.

Amendment 477

NO DECISION has been made on this amendment

After Clause 62, insert the following new Clause—
“Experimental home education zones
The Secretary of State may designate up to three local authority areas as experimental education zones, exempt from national education regulation for a period of ten years.”

Type: Backbencher

Signatures: 1

Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment seeks to create experimental zones where communities may opt out of national education laws to trial alternative education systems including in relation to home education and gather long-term data.

Opposition Amendment 36

This amendment was NOT MOVED

Clause 3, page 4, line 41, at end insert—
“(5) Any arrangements made under this section must have due regard to the existing multi-agency child and adult protection arrangements in the area.”

Type: Opposition

Signatures: 1

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Member's explanatory statement

This amendment seeks to clarify how the new statutory MACPTs will work with existing local multi agency safeguarding arrangements, both statutory and non-statutory.

Amendment 443

This amendment was NOT MOVED

In Clause 47, page 112, line 25, leave out subsection (5) and insert—
“(5) Section 96 of the Education Act 2002 (procedure for making certain orders and regulations) is amended as follows—
(a) at the beginning of subsection (7), insert “Subject to subsection (8),”;
(b) after subsection (7) insert—
“(8) An order made under any provision of this Part which would amend primary legislation, or regulations made under section 91, does not apply to an Academy school.””

Type: Backbencher

Signatures: 2

Lord Carter of Haslemere (XB - Life peer)
Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Member's explanatory statement

This amendment seeks to prevent orders made under section 96 of the Education Act 2002 which would amend primary legislation, or regulations under section 91 of the Act, from applying to an Academy School.

Opposition Amendment

This amendment was STOOD PART

Baroness Barran gives notice of her intention to oppose the Question that Clause 47 stand part of the Bill.

Type: Opposition

Signatures: 1

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Opposition Amendment 37

This amendment was NOT MOVED

Clause 3, page 4, line 41, at end insert—
“16EC Report on work and impact of multi-agency child protection teams
(1) The Secretary of State must report annually on the work and impact of multi-agency child protection teams.
(2) A report under this section shall include analysis of—
(a) the membership of multi-agency child protection teams,
(b) the specific child protection activities undertaken by such teams,
(c) best practice in multi-agency work, and
(d) the impact of multi-agency child protection teams on—
(i) information sharing,
(ii) risk identification, and
(iii) joining up services between children’s social care, police, health services, education and other agencies, including the voluntary sector.”

Type: Opposition

Signatures: 1

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Member's explanatory statement

This amendment would require the Secretary of State to report on the effectiveness of multi-agency child protection teams.

Amendment 478

NO DECISION has been made on this amendment

After Clause 62, insert the following new Clause—
“Early graduate certificate for advanced learners
A child who has demonstrably completed education equivalent to A-levels before the age of 16 is entitled to an official certificate of graduation issued by the Secretary of State.”

Type: Backbencher

Signatures: 1

Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment enables early academic achievers to receive formal recognition, ensuring they can progress to further education or employment without being held back by age-based constraints.

Amendment 479

NO DECISION has been made on this amendment

After Clause 62, insert the following new Clause—
“Wellbeing support for schools
(1) The Secretary of State must provide statutory guidance for all relevant schools on whole school approaches to mental health and wellbeing.
(2) Such guidance should include, but not be limited to—
(a) identifying and measuring children and young people’s mental health and wellbeing;
(b) the collation of appropriate wellbeing data to adapt both internal and external support within settings;
(c) appropriate training and development for teachers and other school staff;
(d) access to mental health support within schools;
(e) further specialist provision as required within community services.
(3) The Secretary of State must report to Parliament each year on progress made in implementing the guidance and how wellbeing data collected is informing appropriate support offered through community services.”

Type: Backbencher

Signatures: 3

Lord Watson of Invergowrie (Lab - Life peer)
Baroness Longfield (Lab - Life peer)
Baroness Finlay of Llandaff (XB - Life peer)

Member's explanatory statement

This amendment would require the Secretary of State to provide statutory guidance on whole school approaches to mental health and wellbeing and to report to Parliament annually on progress.

Opposition Amendment 38

This amendment was NOT MOVED

Clause 3, page 5, line 19, leave out subsection (4)

Type: Opposition

Signatures: 1

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Member's explanatory statement

This amendment seeks to probe the adequacy of resources available for this part of the Bill to be delivered effectively.

Opposition Amendment 444

This amendment was NOT MOVED

After Clause 47, insert the following new Clause —
“Flexibility to take into account local circumstances when following the National Curriculum
(1) The Education Act 2002 (establishment of the National Curriculum for England by order) is amended as follows.
(2) In section 87, after subsection (1) insert—
“(1A) In any revision to the National Curriculum for England, the Secretary of State must ensure that the National Curriculum shall consist of—
(a) a core framework, and
(b) subjects or areas of learning outside the core framework that allow flexibility for each school to take account of their specific circumstances.”
(3) In section 210 (orders and regulations), after subsection (3)(e) insert—
“(ea) section 87, or”.”

Type: Opposition

Signatures: 1

Lord Storey (LD - Life peer)

Liberal Democrat Lords Spokesperson (Education)

Member's explanatory statement

This amendment seeks to increase flexibility to take into account local circumstances when following the National Curriculum and to make any changes to the National Curriculum subject to Parliamentary approval.

Opposition Amendment 480

NO DECISION has been made on this amendment

After Clause 62, insert the following new Clause—
“Approved free schools in pre-opening
The Secretary of State must make provision for the opening of all free schools whose applications were approved prior to October 2024.”

Type: Opposition

Signatures: 1

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Member's explanatory statement

This new clause would require the Secretary of State to proceed with the opening of free schools whose opening was paused in October 2024.

Amendment 39

This amendment was NOT MOVED

Clause 3, page 5, line 43, leave out “only”

Type: Backbencher

Signatures: 1

Baroness O'Neill of Bexley (Con - Life peer)

Member's explanatory statement

This amendment, along with another in the name of Baroness O’Neill, seeks to clarify how cases that cross local authority borders will be managed.

Opposition Amendment 444A

This amendment was WITHDRAWN

Clause 49, page 113, leave out lines 21 to 33 and insert—
“(1) Where the proprietor of an Academy—
(a) has breached a relevant duty, or
(b) otherwise has acted unreasonably with respect to the performance of a relevant duty, the proprietor must take such steps as are necessary to remedy the breach or unreasonable action and secure the proper performance of the relevant duty.
(2) Where the proprietor of an Academy has acted unreasonably with respect to the exercise of a relevant power, the proprietor must take such steps as are necessary to ensure the reasonable exercise of the relevant power.
(2A) The proprietor must remedy any breach identified under subsection (1) or (2) within such reasonable period as the circumstances require, having regard to—
(a) the nature and seriousness of the breach;
(b) the impact or likely impact on pupils' education or welfare;
(c) the complexity of the remedial action required;
(d) any other relevant circumstances.
(2B) Where the Secretary of State is reasonably satisfied that the proprietor of an Academy has breached a relevant duty or otherwise has acted unreasonably with respect to the performance of a relevant duty the Secretary of State may serve notice on the proprietor of an Academy specifying—
(a) the breach that has been identified;
(b) the relevant duty or power in question;
(c) the period within which the proprietor must remedy the breach.”

Type: Opposition

Signatures: 1

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Member's explanatory statement

This amendment seeks to prevent Clause 49 from granting the Secretary of State the power to (1) issue a direction to an Academy that is “likely” to have breached a relevant duty, and (2) prescribe exactly how any breach should be remedied. Instead, it seeks to give Academies discretion in how they remedy an actual breach of a relevant duty.

Opposition Amendment 444B

This amendment was NOT MOVED

Clause 49, page 113, leave out lines 24 and 25

Type: Opposition

Signatures: 1

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Member's explanatory statement

This amendment removes the Secretary of State’s power to direct in cases where proprietor has acted, or proposes to act, unreasonably.

Amendment 481

NO DECISION has been made on this amendment

After Clause 62, insert the following new Clause—
“Financial governance of local authority schools
(1) Local authority maintained schools must—
(a) ensure that their accounts are externally audited between the end of the academic year and 31st December annually, and
(b) publish these accounts on their school website by no later than 31st January of the following year.
(2) The relevant local authority must monitor the resolution by the school of any material issues raised in these audit reports.”

Type: Backbencher

Signatures: 1

Lord Agnew of Oulton (Con - Life peer)

Member's explanatory statement

This amendment seeks to ensure that the same standard of financial governance exists between academy schools and local authority schools.

Amendment 40

This amendment was NOT MOVED

Clause 3, page 5, line 44, at end insert “or in other local authorities where appropriate to meet the safeguarding needs of the child.”

Type: Backbencher

Signatures: 1

Baroness O'Neill of Bexley (Con - Life peer)

Member's explanatory statement

This amendment, along with another in the name of Baroness O’Neill, seeks to clarify how cases that cross local authority borders will be managed.

Opposition Amendment

This amendment was STOOD PART

Baroness Barran gives notice of her intention to oppose the Question that Clause 3 stand part of the Bill.

Type: Opposition

Signatures: 1

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Amendment 482

NO DECISION has been made on this amendment

After Clause 62, insert the following new Clause—
“Educational attainment of children with a parent in prison
(1) Within six months of the day on which this Act is passed, the Secretary of State must commission a report on the educational attainment of school age children with a parent who is in prison.
(2) The report must make recommendations for how the educational attainment of those children can be improved.
(3) The Secretary of State must publish the report and lay it before Parliament.”

Type: Backbencher

Signatures: 1

Lord Bishop of Gloucester (Bshp - Bishops)

Opposition Amendment 444C

This amendment was NOT MOVED

Clause 49, page 113, line 26, leave out from “may” to the end of line 33 and insert “exercise their powers under the funding agreement to terminate or require performance of the funding agreement in accordance with its terms.”

Type: Opposition

Signatures: 1

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Member's explanatory statement

This amendment would limit the Secretary of State’s power of direction should an Academy breach, or act unreasonably in respect of, the performance of a relevant duty.

Amendment 69AA

This amendment was WITHDRAWN BEFORE DEBATE

[Withdrawn]
After Clause 4, insert the following new Clause—
“Consultation on registration and regulation of youth workers etc
(1) The Secretary of State must, within six months of the day on which this Act is passed, consult on—
(a) the establishment as a registered profession of those that work with young people in relation to educational and recreational activities under section 507B of the Education Act 1996 and are conducting a regulated activity under section 6 of the Safeguarding Vulnerable Groups Act 2006 either in a professional or voluntary capacity;
(b) the appointment of a regulator for such persons.
(2) Within six months of the completion of a consultation held under subsection (1), the Secretary of State must publish a report outlining the findings and conclusions of the consultation.
(3) Where a consultation held under this section concludes, the Secretary of State may make provision for—
(a) the establishment as a registered profession under the Professional Qualifications Act 2022 of such professions that the consultation held under this section concludes;
(b) the appointment of a regulator for such persons.
(4) A regulator may have responsibility for—
(a) establishing and maintaining a register of, and
(b) establishing and overseeing accreditation of,
such persons that the consultation held under this section concludes.
(5) Where a regulator has established accreditation to be used by registered persons, no person may—
(a) claim or purport to be, or
(b) use any titles, logos or other designations reserved for,
registered or accredited persons if they are not so registered or accredited.”

Type: Backbencher

Signatures: 1

Lord Blunkett (Lab - Life peer)

Amendment 483

NO DECISION has been made on this amendment

After Clause 62, insert the following new Clause—
“Apprenticeship provision
The Secretary of State must promote sufficient provision of apprenticeship places up to level 3 to ensure that every qualified applicant aged 16 to 18 receives an offer of a place.”

Type: Backbencher

Signatures: 4

Lord Layard (Lab - Life peer)
Baroness Tyler of Enfield (LD - Life peer)
Lord Macpherson of Earl's Court (XB - Life peer)
Lord Clarke of Nottingham (Con - Life peer)

Opposition Amendment 445

This amendment was NOT MOVED

Clause 49, page 113, line 26, leave out from “as” to the end of line 28 and insert “are necessary to secure compliance with statutory duties, the requirements of a Funding Agreement, or charity law.”

Type: Opposition

Signatures: 1

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Member's explanatory statement

This amendment seeks to limit the Secretary of State’s power of direction should an Academy breach, or act unreasonably in respect of, the performance of a relevant duty.

Opposition Amendment 41

This amendment was WITHDRAWN

Clause 4, page 6, line 11, leave out from beginning to end of line 19 on page 7

Type: Opposition

Signatures: 1

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Member's explanatory statement

This is a probing amendment which seeks to question the effectiveness of the drafting of 16LA

Amendment 483A

NO DECISION has been made on this amendment

Leave out “3” and insert “7”

Type: Backbencher

Signatures: 1

Lord Lucas (Con - Excepted Hereditary)

Member's explanatory statement

This amendment seeks to broaden the discussion to include higher levels of apprenticeship.

Opposition Amendment 445ZA

This amendment was NOT MOVED

Clause 49, page 113, line 32, leave out from “as” to the end of line 33 and insert “are necessary to secure compliance with statutory duties, the requirements of a funding agreement, or charity law.”

Type: Opposition

Signatures: 1

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Member's explanatory statement

This amendment seeks to limit the Secretary of State’s power of direction should an Academy act unreasonably in respect of the performance of a relevant duty.

Opposition Amendment 445ZB

This amendment was NOT MOVED

Clause 49, page 113, line 33, at end insert—
“(2A) The Secretary of State must make an annual statement to both Houses of Parliament, which must include—
(a) the number of times the Secretary of State exercised the powers under this section,
(b) the actions taken, and
(c) the reasons for taking such actions.”

Type: Opposition

Signatures: 1

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Member's explanatory statement

This amendment seeks to require the Secretary of State to make a statement to Parliament annually that sets out how often the Secretary of State has directed the powers of the proprietor of an Academy.

Amendment 484

NO DECISION has been made on this amendment

After Clause 62, insert the following new Clause—
“School: hair requirements
Pupils must not be denied opportunities to take part in classes, or any other school activities, by reason of their hair style or cut, unless for reasons of health and safety.”

Type: Backbencher

Signatures: 1

Baroness Bennett of Manor Castle (Green - Life peer)

Member's explanatory statement

This clause aims to ensure children are not denied education or other school-related opportunities for reasons of hair cut or style.

Amendment 42

This amendment was NOT MOVED

Clause 4, page 6, leave out lines 16 and 17

Type: Backbencher

Signatures: 1

Lord Lucas (Con - Excepted Hereditary)

Member's explanatory statement

This amendment seeks to enable discussion on the breadth of meaning of subsection (1)(b) of inserted section 16LA, which might be read very widely.

Amendment 43

This amendment was NOT MOVED

Clause 4, page 6, line 30, at end insert “, and in that context consideration must be given to whether or not the parent with care is subject to domestic abuse before disclosing data.”

Type: Backbencher

Signatures: 1

Lord Lucas (Con - Excepted Hereditary)

Member's explanatory statement

As abusive parents are often on the scene in such circumstances, this amendment seeks to enable discussion of how the government intends to safeguard abused parents and their children.

Amendment 485

NO DECISION has been made on this amendment

After Clause 62, insert the following new Clause—
“Parental complaints (maintained schools)
(1) After section 29 of the Education Act 2002 insert—
“29ZA Parental complaints: appeals
(1) A complainant may appeal to the First-tier Tribunal (Health, Education and Social Care Chamber) where—
(a) the complaint was against a maintained school in England under section 29(1),
(b) the complainant was a parent of a registered pupil at the school at the time they first pursued the complaint,
(c) the complaint specified one or more legal duties listed in Schedule 1A of which the school was alleged to be in breach,
(d) the complaints process under section 29(1) was completed,
(e) the complaint was not fully upheld in respect of one or more of the matters specified as described in paragraph (c), and
(f) the complainant does not have and has not had any other prescribed right of appeal apart from that provided under section 29(1) and this section.
(2) The Secretary of State must make regulations about appeals to the First-tier Tribunal in respect of subsection (1), including—
(a) making and determining appeals;
(b) the powers of the tribunal on determining an appeal.
(3) Regulations under subsection (2) may include provision conferring power on the First-tier Tribunal, on determining an appeal against a matter, to make recommendations in respect of other matters (including matters against which no appeal may be brought).
(4) A person commits an offence if without reasonable excuse that person fails to comply with any requirement—
(a) in respect of the discovery or inspection of documents, or
(b) to attend to give evidence and produce documents,
where that requirement is imposed by Tribunal Procedure Rules in relation to an appeal under this section or regulations under subsection (2).
(5) A person guilty of an offence under subsection (4) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.”
(2) After Schedule 1 to the Education Act 2002 insert—
“Schedule 1A
LEGAL DUTIES FOR THE PURPOSES OF SECTION 29ZA
1 (1)The legal duties to which section 29ZA applies are as follows.
(2)The Education Act 1996—
(a)section 9 (Education in accordance with parental wishes),
(b)section 402 (Obligation to enter pupils for public examinations),
(c)sections 403 to 405 (Sex education),
(d)sections 406 to 407 (Politics) and
(e)section 542(1) (Prescribed standards for school premises);
(3)The Education Act 2002—
(a)sections 78 to 80B (General duties in respect of the curriculum), and
(b)section 175(2) and (3) (Duties ... in relation to welfare of children);
(4)The School Standards and Framework Act 1998—
(a)section 1(6) (Duty in relation to infant class size),
(b)sections 69 to 71 (Religious education and worship), and
(c)section 114A (Requirements for food and drink provided on school premises etc);
(5)Childcare Act 2006, section 40 (Duty to implement Early Years Foundation Stage);
(6)Children Act 1989, sections 87 and 87C (Welfare of children in boarding schools and colleges and national minimum standards) and
(7)The Education and Inspections Act 2006, sections 88 to 94 (School Discipline).””

Type: Backbencher

Signatures: 1

Lord Jackson of Peterborough (Con - Life peer)

Opposition Amendment 445ZC

This amendment was NOT MOVED

Clause 49, page 114, line 1, leave out “a direction” and insert “notice”

Type: Opposition

Signatures: 1

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Member's explanatory statement

This amendment, connected with another in the name of Baroness Barran, seeks to prevent Clause 49 from granting the Secretary of State the power to (1) issue a direction to an Academy that is “likely” to have breached a relevant duty, and (2) prescribe how any breach should be remedied. Instead, it seeks to give Academies discretion in how they remedy an actual breach of a relevant duty.

Opposition Amendment 445ZD

This amendment was NOT MOVED

Clause 49, page 114, line 10, leave out “direction” and insert “notice”

Type: Opposition

Signatures: 1

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Member's explanatory statement

Amendment 486

NO DECISION has been made on this amendment

After Clause 62, insert the following new Clause—
“Draft legislative proposal: early years strategy
(1) The Secretary of State must lay before Parliament a draft Bill containing legislative proposals for a comprehensive early years strategy.
(2) The draft Bill required by subsection (1) must include—
(a) provisions to support the rollout of the Start for Life and Family Hubs programme nationally,
(b) adequate funding for government departments to improve data collection on the wellbeing of children in social care,
(c) a workforce plan for the children’s social care workforce, to complement the NHS Workforce Plan and support multi-disciplinary working in teams for the most vulnerable children, and
(d) guidelines for the recording of children’s early health and development as key data points contributing to consistent identifiers required by section 16LB of the Children Act 2004.
(3) The Secretary of State must lay the draft Bill under subsection (1) before Parliament within six months of the day on which this Act is passed.”

Type: Backbencher

Signatures: 3

Lord Russell of Liverpool (XB - Excepted Hereditary)
Lord Young of Cookham (Con - Life peer)
Baroness Thornton (Lab - Life peer)

Opposition Amendment 44

This amendment was WITHDRAWN

Clause 4, page 6, line 30, at end insert—
“(3A) Where the relevant person considers that the disclosure would be more detrimental to the child than not disclosing the information, this decision must be recorded.”

Type: Opposition

Signatures: 1

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Member's explanatory statement

This amendment seeks to require that decisions made not to disclose information must be recorded.

Opposition Amendment 45

This amendment was NOT MOVED

Clause 4, page 7, line 5, at end insert—
“(6A) Where information is disclosed under this section, the recipient must consider the safety and welfare of others to whom the information may relate or involve and take steps to promote their safety and welfare, particularly in cases of domestic abuse or elder abuse.”

Type: Opposition

Signatures: 1

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Member's explanatory statement

This amendment seeks to ensure that other vulnerable members of a household are not inadvertently put at risk by the sharing of information, and that safety plans are put in place where needed.

Amendment 487

NO DECISION has been made on this amendment

After Clause 62, insert the following new Clause—
“Parental complaints (independent educational institutions, including academies)
After section 137 of the Education and Skills Act 2008 (Service of notice etc) insert—
“137A Parental Complaints: appeals
(1) A complainant may appeal to the First-tier Tribunal (Health, Education and Social Care Chamber) where—
(a) the complaint was against an independent educational institution in England under Part 7 of the Schedule of The Education (Independent School Standards) Regulations 2014,
(b) the complainant was a parent of a registered pupil at the institution at the time they first pursued the complaint, and
(c) the complaint specified one or more—
(i) Independent School Standard Regulations that apply to the institution, or
(ii) terms of any funding agreements between the proprietor of the institution and the Secretary of State, or
(iii) obligations under the memorandum and articles of the proprietor company, or
(iv) the proprietor’s charitable objects, or
(v) legal requirements that apply to the institution under the Academies Act 2010,
in relation to the institution’s provision for pupils with which the proprietor is alleged to be in breach, and
(d) the complaints process under (a) has been completed,
(e) the complaint was not fully upheld in respect of one or more of the matters specified as described in (c), and
(f) the complainant does not have and has not had any other prescribed right of appeal beyond that provided in Part 7 of the Schedule of The Education (Independent School Standards) Regulations 2014 and this section.
(2) The Secretary of State must make regulations about appeals to the First-tier Tribunal in respect of subsection (1), including—
(a) making and determining appeals,
(b) the powers of the tribunal on determining an appeal.
(3) Regulations under subsection (2) may include provision conferring power on the First-tier Tribunal, on determining an appeal against a matter, to make recommendations in respect of other matters (including matters against which no appeal may be brought).
(4) A person commits an offence if without reasonable excuse that person fails to comply with any requirement—
(a) in respect of the discovery or inspection of documents, or
(b) to attend to give evidence and produce documents,
where that requirement is imposed by Tribunal Procedure Rules in relation to an appeal under this section or regulations under subsection (2).
(5) A person guilty of an offence under subsection (4) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.””

Type: Backbencher

Signatures: 1

Lord Jackson of Peterborough (Con - Life peer)

Member's explanatory statement

This clause would afford to parents the ability to appeal complaints about an independent educational institution failing to comply with its legal duties in educational provision to the first-tier tribunal in circumstances where the institution’s internal complaints process has been completed and has not upheld their complaint. Independent Educational Institutions include academies.

Amendment 445A

This amendment was NOT MOVED

Clause 49, page 114, line 11, at end insert—
“(6A) An Academy proprietor may appeal a mandatory order made in this section to a regional advisory body within 28 days of the issuing of the order.
(6B) A regional advisory body under subsection (6A) must be made up of headteachers of academies, at least half of whom must be elected, and other members must be appointed by the Secretary of State.”

Type: Backbencher

Signatures: 1

Lord Knight of Weymouth (Lab - Life peer)

Member's explanatory statement

The amendment seeks to ensure the use of directions is made transparently and fairly following proper process.

Amendment 488

NO DECISION has been made on this amendment

After Clause 62, insert the following new Clause—
“Parental complaints (non-maintained special schools)
After section 342C of the Education Act 1996 insert—
“342D Parental complaints: appeals
(1) A complainant may appeal to the First-tier Tribunal (Health, Education and Social Care Chamber) where—
(a) they have pursued a complaint against a non-maintained special school in England under paragraph 31 of the Schedule of the Non-Maintained Special Schools (England) Regulations 2015 (S.I. 2015/728),
(b) the complainant was the parent of a registered pupil at the school at the time of first pursuing the complaint,
(c) the complaint specified one or more—
(i) non-maintained Special School Regulations
(ii) obligations under the memorandum and articles of any proprietor company, or
(iii) obligations imposed under any trust deed of the school
in relation to the institution’s provision for pupils with which the proprietor is alleged to be in breach,
(d) the complaints process under (a) has been completed,
(e) the complaint was not fully upheld in respect of one or more of the matters specified as described in (c), and
(f) the complainant does not have and has not had any other prescribed right of appeal beyond that provided in paragraph 31 of the Schedule of the Non-Maintained Special Schools (England) Regulations 2015 and this section.
(2) The Secretary of State must make regulations about appeals to the First-tier Tribunal in respect of subsection (1), including—
(a) making and determining appeals;
(b) the powers of the tribunal on determining an appeal.
(3) Regulations under subsection (2) may include provision conferring power on the First-tier Tribunal, on determining an appeal against a matter, to make recommendations in respect of other matters (including matters against which no appeal may be brought).
(4) A person commits an offence if without reasonable excuse that person fails to comply with any requirement—
(a) in respect of the discovery or inspection of documents, or
(b) to attend to give evidence and produce documents,
where that requirement is imposed by Tribunal Procedure Rules in relation to an appeal under this section or regulations under subsection (2).
(5) A person guilty of an offence under subsection (4) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.””

Type: Backbencher

Signatures: 1

Lord Jackson of Peterborough (Con - Life peer)

Member's explanatory statement

This clause would afford to parents the ability to appeal complaints about a non-maintained special school failing to comply with its legal duties in educational provision to the first-tier tribunal in circumstances where the school’s internal complaints process has been completed and has not upheld their complaint.

Opposition Amendment 46

This amendment was NOT MOVED

Type: Opposition

Signatures: 1

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Member's explanatory statement

This amendment seeks to ensure that other vulnerable members of a household are not inadvertently put at risk by the sharing of information, and that safety plans are put in place where needed.

Opposition Amendment

This amendment was STOOD PART

Baroness Barran gives notice of her intention to oppose the Question that Clause 49 stand part of the Bill.

Type: Opposition

Signatures: 1

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Amendment 489

NO DECISION has been made on this amendment

After Clause 62, insert the following new Clause—
“Amendment of the First-tier Tribunal and Upper Tribunal (Chambers) Order 2010
The Secretary of State may by regulations make such amendments to the First-tier Tribunal and Upper Tribunal (Chambers) Order 2010, the Tribunal Procedure (First-tier Tribunal) (Health, Education and Social Care Chamber) Rules 2008, and any other relevant subordinate legislation as are necessary or expedient in consequence of, or in connection with, sections (Parental Complaints (Maintained Schools)), (Parental Complaints (Independent educational institutions, including academies)), and (Parental Complaints (Non-maintained Special Schools)) of this Act.”

Type: Backbencher

Signatures: 1

Lord Jackson of Peterborough (Con - Life peer)

Member's explanatory statement

This clause allows the Secretary of State to make amendments to secondary legislation for tribunals as a consequence of the amendments proposed on parental complaints.

Opposition Amendment 47

This amendment was NOT MOVED

Clause 4, page 7, line 7, at end insert—
“(7A) Where the relevant person discloses any information under subsection (2) they must keep a record that they have disclosed the information.”

Type: Opposition

Signatures: 1

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Member's explanatory statement

This amendment would require all information sharing decisions to be recorded.

Opposition Amendment 445B

This amendment was WITHDRAWN

Clause 50, page 114, leave out lines 18 to 39, and insert—
“(a) in subsection (A1), at the end insert “unless the Secretary of State determines that no suitable sponsor is available”;
(b) after subsection (A1) insert—
“(A2) Where the Secretary of State determines that no suitable sponsor is available, the Secretary of State must, within 14 days, publish a plan to secure appropriate governance and leadership of the school and to secure its rapid improvement.
(A3) A plan published under subsection (A2) must include—
(a) the parties with responsibility for the school and its improvement,
(b) the parties who will take action to improve provision in the school,
(c) the resources that will be provided to the relevant parties, including who will provide the resources and when the resources will be provided, and
(d) the intended outcomes of the plan, with the relevant timetables for the outcomes.
(A4) The Secretary of State must report annually to Parliament on—
(a) the number of times the Secretary of State has published a plan under subsection (A2),
(b) the resources which have been provided as part of any plans, and
(c) the outcomes of any plans.””

Type: Opposition

Signatures: 1

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Member's explanatory statement

This amendment seeks to retain the existing requirement to make an academy order unless the Secretary of State determines there is no suitable sponsor available.

Opposition Amendment 48

Tabled: 07 Feb 2025
Notices of Amendments as at 7 February 2025

This amendment was NOT MOVED

Clause 4, page 7, line 7, at end insert—
“(7A) Where the relevant person does not disclose information because the information falls within subsection (3) they must keep a record that they have not disclosed the information.”

Type: Opposition

Signatures: 1

Baroness Barran (Con - Life peer) - 07 Feb 2025

Shadow Minister (Education)

Member's explanatory statement

This amendment would require all information sharing decisions to be recorded.

Amendment 446

This amendment was NOT MOVED

Clause 50, page 114, line 20, at end insert—
“(c) after subsection (1) insert—
“(1ZA) When making an order under subsection (1)(b) of this section and within the meaning of section 62 of the Education and Inspections Act 2006 (school requiring special measures), the Secretary of State must make an order to—
(a) transfer the school to a high performing multi-academy trust, or
(b) merge the school with a high performing maintained school serving a similar cohort of children (by demographic background and prior attainment), provided that school is within the same local authority or geographical area,
unless the Secretary of State believes that there is good reason to undertake another course of action.””

Type: Backbencher

Signatures: 2

Lord Blunkett (Lab - Life peer)
Baroness Morgan of Huyton (Lab - Life peer)

Amendment 490

NO DECISION has been made on this amendment

After Clause 62, insert the following new Clause—
“Royal Commission on the education attainment gap
(1) On the day on which this Act is passed, the Secretary of State must make arrangements to establish a Royal Commission to investigate the education attainment gap for children with special educational needs and disabilities (SEND).
(2) The Commission must investigate and make recommendations relating to—
(a) the education attainment gap for individual special educational needs and disabilities;
(b) the education attainment gap at each level of examination, including Key Stage 2, GCSE, A-Level and other relevant qualifications;
(c) the level of understanding of the social model of disability in teacher training and schools.
(3) The Commission must publish recommendations and recommend a deadline by which the SEND education attainment gap must be closed.”

Type: Backbencher

Signatures: 2

Lord Holmes of Richmond (Con - Life peer)
Baroness Grey-Thompson (XB - Life peer)

Amendment 49

This amendment was NOT MOVED

Clause 4, page 7, line 14, at end insert—
“(9A) The relevant person must maintain a record of processing of the disclosures made under this section.”

Type: Backbencher

Signatures: 1

Lord Lucas (Con - Excepted Hereditary)

Member's explanatory statement

This amendment requires that the record of processing should be explicit in order to increase public trust in the expanded use of a national identifier.

Amendment 491

NO DECISION has been made on this amendment

After Clause 62, insert the following new Clause—
“School mentorship scheme for children with SEND
(1) Within six months of the day on which this Act is passed, the Secretary of State must establish a school mentorship scheme for children with special educational needs and disabilities (SEND).
(2) The mentorship scheme must—
(a) involve members of local communities, business and wider society who are disabled people or have other relevant lived experience to offer to support children with SEND,
(b) offer appropriate, relevant and contextualised advice from mentors, and
(c) include the delivery of mentors’ advice gained from lived experience, work experience opportunities and other experience as appropriate.”

Type: Backbencher

Signatures: 3

Lord Holmes of Richmond (Con - Life peer)
Baroness Grey-Thompson (XB - Life peer)
Lord Watson of Invergowrie (Lab - Life peer)

Opposition Amendment 446A

This amendment was NOT MOVED

Clause 50, page 114, line 20, at end insert—
“(c) after subsection (7), insert—
“(7A) No application or petition for judicial review may be made or brought in relation to a decision taken by the Secretary of State to make an Academy order.””

Type: Opposition

Signatures: 1

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Member's explanatory statement

This amendment seeks to prevent a judicial review being brought if the Secretary of State makes an academy order.

Opposition Amendment 446B

This amendment was NOT MOVED

Clause 50, page 114, line 20, at end insert—
“(c) after subsection (1), insert—
“(1ZA) The Secretary of State must make an Academy order in respect of a maintained school in England if—
(a) Ofsted has judged the school to require significant improvement, or
(b) a Regional Improvement for Standards and Excellence team has judged the school to be significantly underperforming when compared with neighbouring schools with similar demographics.””

Type: Opposition

Signatures: 1

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Member's explanatory statement

This amendment seeks to require an Academy order to be made to a maintained school if Ofsted has judged the school to require significant improvement or a RISE team have judged the school to be significantly underperforming.

Amendment 492

NO DECISION has been made on this amendment

After Clause 62, insert the following new Clause—
“Curriculum review: recommended physical activity
Within six months of the day on which this Act is passed, the Secretary of State must undertake a curriculum review on how the levels of physical activity recommended by the Chief Medical Officer can form part of physical education provision within schools.”

Type: Backbencher

Signatures: 4

Lord Holmes of Richmond (Con - Life peer)
Baroness Grey-Thompson (XB - Life peer)
Lord Moynihan (Con - Excepted Hereditary)
Baroness Sater (Con - Life peer)

Amendment 50

This amendment was WITHDRAWN

Clause 4, page 7, leave out from beginning of line 20 to end of line 41 on page 8

Type: Backbencher

Signatures: 3

Lord Lucas (Con - Excepted Hereditary)
Lord Farmer (Con - Life peer)
Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Member's explanatory statement

This amendment seeks to enable a general discussion of inserted section 16LB.

Opposition Amendment

This amendment was STOOD PART

Baroness Barran gives notice of her intention to oppose the Question that Clause 50 stand part of the Bill.

Type: Opposition

Signatures: 1

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Amendment 493

NO DECISION has been made on this amendment

After Clause 62, insert the following new Clause—
“Education technology: guiding principles
(1) The Secretary of State must by regulations made by statutory instrument make provision for the regulation of education technology deployed in schools in England.
(2) The regulations made under subsection (1) must ensure that education technology used in schools in England—
(a) is inclusive by design,
(b) is accessible to all,
(c) is transparent with regard to its training data and, where applicable, its algorithmic make-up,
(d) is labelled clearly if it uses artificial intelligence,
(e) does not sell or provide data to third parties, and
(f) does not store personal data at a location other than that of the school in which it is being used.
(3) A statutory instrument that contains regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.”

Type: Backbencher

Signatures: 2

Lord Holmes of Richmond (Con - Life peer)
Baroness Kidron (XB - Life peer)

Opposition Amendment 51

This amendment was WITHDRAWN

Clause 4, page 7, leave out lines 21 to 27 and insert—
“(1) The Secretary of State may by regulations make provision relating to the consistent identifier.
(2) For the purposes of this section the NHS number is the consistent identifier.”

Type: Opposition

Signatures: 1

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Member's explanatory statement

This amendment seeks to ensure that the single use identifier is described on the face of the Bill.

Amendment 447

This amendment was NOT MOVED

After Clause 50, insert the following new Clause—
“Review: conversion to maintained schools
(1) Within 12 months of the day on which this Act is passed, the Secretary of State must publish a report setting out proposals for converting—
(a) academy chains,
(b) individual academies, and
(c) free schools,
to maintained schools under local authority control.
(2) The review must consider—
(a) legislative changes required to enable the conversion process,
(b) how a conversion process for a school would be triggered,
(c) the potential role of different levels of local government in school oversight,
(d) how conversion would impact the ownership of school land and buildings, and
(e) the resources made available to local authorities when schools are converted.
(3) Within six months of the completion of the review, the Secretary of State must publish and lay before Parliament a report on the findings and conclusions of the review.”

Type: Backbencher

Signatures: 1

Baroness Bennett of Manor Castle (Green - Life peer)

Amendment 494

NO DECISION has been made on this amendment

After Clause 62, insert the following new Clause—
“Procurement standard for education technology
Within six months of the day on which this Act is passed, the Secretary of State must publish guidance for schools on procurement standards for education technology.”

Type: Backbencher

Signatures: 3

Lord Holmes of Richmond (Con - Life peer)
Baroness Kidron (XB - Life peer)
Lord Russell of Liverpool (XB - Excepted Hereditary)

Amendment 52

This amendment was NOT MOVED

Clause 4, page 7, line 22, at end insert—
“(1A) The Secretary of State must specify the NHS number as the consistent identifier for children for the purposes of this section.”

Type: Backbencher

Signatures: 2

Baroness Tyler of Enfield (LD - Life peer)
Baroness Walmsley (LD - Life peer)

Member's explanatory statement

This amendment would require the government to confirm the use of the NHS number as the single unique identifier for children.

Amendment 53

This amendment was NOT MOVED

Clause 4, page 7, line 22, at end insert—
“(1A) The Secretary of State must place a requirement on all designated persons listed in section 11 to include the consistent identifier in the information processed about a child no later than March 2029.”

Type: Backbencher

Signatures: 2

Baroness Tyler of Enfield (LD - Life peer)
Baroness Walmsley (LD - Life peer)

Member's explanatory statement

This amendment would require full implementation of a single unique identifier for children before the anticipated next General Election in line with the government’s manifesto commitment.

Amendment 495

NO DECISION has been made on this amendment

After Clause 62, insert the following new Clause—
“Teacher training review
(1) Within six months of the day on which this Act is passed, the Secretary of State must establish a review of teacher training in England.
(2) The review must assess the extent to which teacher training includes physical and mental literacy and the challenges of new technologies.
(3) The review must—
(a) report within 12 months of the day on which it is established, and
(b) recommend a new teacher training offer which includes—
(i) artificial intelligence,
(ii) sport and physical literacy,
(iii) data literacy,
(iv) media literacy, and
(v) financial literacy.”

Type: Backbencher

Signatures: 4

Lord Holmes of Richmond (Con - Life peer)
Baroness Grey-Thompson (XB - Life peer)
Lord Moynihan (Con - Excepted Hereditary)
Baroness Sater (Con - Life peer)

Amendment 447ZA

This amendment was WITHDRAWN BEFORE DEBATE

[Withdrawn]
After Clause 50, insert the following new Clause—
“Extension of power to innovate to academy proprietors
(1) The Education Act 2002 is amended as follows.
(2) In section 1(3) (purpose and interpretation of Chapter 1), in the definition of “qualifying body”, after paragraph (h), insert—
“(i) an academy proprietor;””

Type: Backbencher

Signatures: 1

Lord Knight of Weymouth (Lab - Life peer)

Member's explanatory statement

This amendment seeks to extend the power to innovate to Academy trusts.

Amendment 447ZB

This amendment was NOT MOVED

After Clause 50, insert the following new Clause—
“Academy order for an academy school to be converted into a school maintained by the local authority
The Academies Act 2010 is amended as follows—
(a) in section 4, after subsection (10) insert—
“(10A) The Secretary of State may make an Academy reversal order to convert an academy school into a school maintained by the local authority if the Secretary of State receives representations from an academy school governing body, staff, parents or the local authority in support of converting the academy school into a maintained school.”;
(b) in section 5, after subsection (1) insert—
“(1A) Before an academy is converted into a maintained school, the Secretary of State must consult such persons as they think appropriate about whether the conversion should take place.””

Type: Backbencher

Signatures: 1

Baroness Bennett of Manor Castle (Green - Life peer)

Member's explanatory statement

This new clause allows the Secretary of State to make an Academy reversal order in the event that the Secretary of State receives representations from an academy school governing body, staff, parents or the local authority supporting an academy school returning to be maintained by the local authority.

Amendment 496

NO DECISION has been made on this amendment

After Clause 62, insert the following new Clause—
“Character education
Within six months of the day on which this Act is passed, the Secretary of State must establish a review of the research, evidence and practice in relation to character education in schools in England.”

Type: Backbencher

Signatures: 1

Lord Holmes of Richmond (Con - Life peer)

Amendment 54

This amendment was NOT MOVED

Clause 4, page 7, leave out lines 26 and 27

Type: Backbencher

Signatures: 1

Lord Farmer (Con - Life peer)

Member's explanatory statement

This amendment seeks to clarify what is meant by ‘a similar set of identifiers that is of general application’.

Amendment 497

NO DECISION has been made on this amendment

After Clause 62, insert the following new Clause—
“Curriculum review: AI
(1) Within six months of the day on which this Act is passed, the Secretary of State must undertake a curriculum review to explore how children can receive teaching, learning and a curriculum which recognises any opportunities and challenges of technologies including, but not limited to, artificial intelligence.
(2) The curriculum review must investigate how children can be equipped with the learning and skills to flourish through their use of technology in all subjects in the National Curriculum.”

Type: Backbencher

Signatures: 1

Lord Holmes of Richmond (Con - Life peer)

Amendment 447A

This amendment was WITHDRAWN

Schedule 3, page 128, line 24, at end insert—
“1A In section 120(1)(a), after “teachers”, insert—
“(aa) academy schools Chief Executive Officers’ pay,””

Type: Backbencher

Signatures: 2

Baroness Bousted (Lab - Life peer)
Lord Knight of Weymouth (Lab - Life peer)

Amendment 55

This amendment was NOT MOVED

Clause 4, page 7, line 27, at end insert—
“but must not include any form of physical identifier added to a child.”

Type: Backbencher

Signatures: 1

Lord Lucas (Con - Excepted Hereditary)

Member's explanatory statement

This amendment seeks to rule out tattooing and electronic tagging.

Amendment 56

This amendment was NOT MOVED

Clause 4, page 7, line 27, at end insert—
“(2A) The regulations prescribed in subsection (1) must specify—
(a) what information may be held in connection with the identifier,
(b) how information is added to the register containing the identifier,
(c) security arrangements in connection with the identifier,
(d) how access to registers containing the identifier is to be controlled,
(e) how completeness and accuracy of the identifier is to be maintained,
(f) how a register records what documents or cases are linked to the identifier to enable users to find out what else is known about a child, and
(g) what happens when a child reaches 18.”

Type: Backbencher

Signatures: 1

Lord Lucas (Con - Excepted Hereditary)

Member's explanatory statement

This amendment seeks to enable a detailed discussion of how the identifier will be used.

Amendment 498

NO DECISION has been made on this amendment

After Clause 62, insert the following new Clause—
“SEND provision review
(1) Within six months of the day on which this Act is passed, the Secretary of State must undertake a review of provision for children with special educational needs and disabilities (SEND provision) in schools in England.
(2) The review must report within 12 months of the day on which it is established.
(3) The review must produce recommendations, including on how the Secretary of State should fund SEND provision required by law.”

Type: Backbencher

Signatures: 3

Lord Holmes of Richmond (Con - Life peer)
Baroness Grey-Thompson (XB - Life peer)
Lord Watson of Invergowrie (Lab - Life peer)

Opposition Amendment 448

This amendment was NOT MOVED

After Clause 52, insert the following new Clause—
“Power to prescribe pay and conditions for teachers
The Secretary of State must, within three months of the passing of this Act—
(a) make provision for the power of the governing bodies of maintained schools to set the pay and working conditions of school teachers to be made equivalent with the relevant powers of academies;
(b) provide guidance to all applicable schools that—
(i) pay levels given in the School Teachers’ Pay and Conditions Document are to be treated as the minimum pay of relevant teachers;
(ii) teachers may be paid above the pay levels given in the School Teachers’ Pay and Conditions Document;
(iii) they must have regard to the School Teachers’ Pay and Conditions Document but may vary from it.”

Type: Opposition

Signatures: 1

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Member's explanatory statement

This new clause would make the pay set out in the School Teachers’ Pay and Conditions Document a “floor”, and extend freedoms over pay and conditions to local authority maintained schools.

Amendment 499

This amendment was NOT CALLED

After Clause 62, insert the following new Clause—
“Attendance code of practice
(1) The Secretary of State must issue an attendance code of practice giving guidance to the following bodies on their functions in relation to school attendance—
(a) local authorities in England,
(b) admission authorities in England,
(c) the governing bodies of schools,
(d) the proprietors of Academies, and
(e) the management committees of pupil referral units.
(2) The Secretary of State may revise the code from time to time.
(3) The bodies listed in subsection (1) must have regard to the code in exercising their functions in relation to school attendance.
(4) Those who exercise functions on behalf of the bodies in subsection (1) in relation to school attendance must also have regard to the code.”

Type: Backbencher

Signatures: 2

Lord Holmes of Richmond (Con - Life peer)
Lord Wei (Con - Life peer)

Amendment 57

This amendment was NOT MOVED

Clause 4, page 8, line 7, at end insert—
“(c) it has complied with specified measures to prevent the information being attached to the wrong child.”

Type: Backbencher

Signatures: 1

Lord Lucas (Con - Excepted Hereditary)

Opposition Amendment 448A

This amendment was NOT MOVED

After Clause 52, insert the following new Clause—
“Teacher’s pay and conditions: right to be accompanied
(1) Section 123 of the Education Act 2002 (Order under section 122: scope) is amended as follows.
(2) In subsection (1), after paragraph (j) insert—
“(k) make provision for a teacher’s right to be accompanied at a disciplinary or grievance hearing by a person who has been certified in writing by a professional body as having relevant experience, or as having received relevant training.”
(3) After subsection (4) insert—
“(5) In this section—
“professional body” means any organisation, which is authorised by a regulation made by the Secretary of State under subsection (6);
“relevant experience” means experience of acting as a worker’s companion at disciplinary or grievance hearings;
“relevant training” means training to act as a worker’s companion at disciplinary or grievance hearings.
(6) The Secretary of State may make a regulation or regulations authorising any organisation as a professional body for the purposes of this section.””

Type: Opposition

Signatures: 3

Lord Storey (LD - Life peer)

Liberal Democrat Lords Spokesperson (Education)

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Lord Hampton (XB - Excepted Hereditary)

Amendment 58

This amendment was NOT MOVED

Clause 4, page 8, leave out lines 8 and 9

Type: Backbencher

Signatures: 1

Lord Lucas (Con - Excepted Hereditary)

Member's explanatory statement

This amendment seek to allow debate of how this provision interacts with the professional responsibilities of medical practitioners.

Amendment 500

NO DECISION has been made on this amendment

After Clause 62, insert the following new Clause—
“Review: physical and mental wellbeing standards
(1) Within six months of the day on which this Act is passed, the Secretary of State must publish standards for schools in England on the physical and mental wellbeing—
(a) teaching,
(b) training, and
(c) care and support,
which they provide to children.
(2) The standards must include delivery targets to which schools must adhere.”

Type: Backbencher

Signatures: 3

Lord Holmes of Richmond (Con - Life peer)
Baroness Grey-Thompson (XB - Life peer)
Lord Moynihan (Con - Excepted Hereditary)

Opposition Amendment 501

NO DECISION has been made on this amendment

After Clause 62, insert the following new Clause—
“National survey on bullying
(1) The Secretary of State must arrange for the collection and publication of national data on bullying experienced by children and young people in schools in England on an annual basis.
(2) The survey must include—
(a) the groups of children most at risk of experiencing bullying;
(b) the nature and type of bullying experienced, including, but not limited, to sexual, sexist, racial, and online bullying;
(c) the interventions and responses perceived as most effective in reducing bullying;
(d) how schools in England are responding to bullying, including in both in-person and online contexts.
(3) The report must be published annually and the Secretary of State must lay the report before Parliament which outlines the findings and a proposed policy response.”

Type: Opposition

Signatures: 1

Lord Storey (LD - Life peer)

Liberal Democrat Lords Spokesperson (Education)

Amendment 59

This amendment was NOT MOVED

Clause 4, page 8, leave out lines 10 to 13

Type: Backbencher

Signatures: 2

Lord Lucas (Con - Excepted Hereditary)
Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Member's explanatory statement

This amendment seeks to enable debate on consistent identifiers and GDPR.

Amendment 60

This amendment was NOT MOVED

Clause 4, page 8, line 30, at end insert—
“(13A) The Secretary of State must by regulations specify penalties for the breach by any person of the requirements of this section or of regulations made under it.”

Type: Backbencher

Signatures: 1

Lord Lucas (Con - Excepted Hereditary)

Member's explanatory statement

This amendment seeks to enable a discussion of how compliance is to be incentivised and effectively policed.

Amendment 502

This amendment was WITHDRAWN BEFORE DEBATE

[Withdrawn]
After Clause 62, insert the following new Clause—
“Review: educational attainment
(1) Within 12 months of the day on which this Act is passed, the Secretary of State must publish a review into the impact of this Act on the educational attainment of children.
(2) The review must consider the merits of commencing section 34 of the Child Maintenance and Other Payments Act 2008 (Transfer of arrears) and uncommenced sections of the Child Support Collection (Domestic Abuse) Act 2023 for the purposes of improving the educational attainment of children.”

Type: Backbencher

Signatures: 2

Baroness Coffey (Con - Life peer)
Baroness Fox of Buckley (Non-affiliated - Life peer)

Amendment 61

This amendment was WITHDRAWN

Clause 4, page 8, leave out lines 31 to 34

Type: Backbencher

Signatures: 1

Lord Hampton (XB - Excepted Hereditary)

Member's explanatory statement

This amendment seeks to ensure that SUIs can be used for research and commissioning purposes in order to improve outcomes for babies, children and young people.

Opposition Amendment 502A

Tabled: 07 Mar 2025
Notices of Amendments as at 7 March 2025

NO DECISION has been made on this amendment

After Clause 62, insert the following new Clause—
“Review: number of teachers unable to stand in local elections
With six months of the day on which this Act is passed, the Secretary of State must publish a review of the anticipated impact of this Act on the number of teachers in maintained schools who will, because of their employment, be unable to stand for election to local education authorities.”

Type: Opposition

Signatures: 1

Lord Storey (LD - Life peer) - 07 Mar 2025

Liberal Democrat Lords Spokesperson (Education)

Amendment 502B

NO DECISION has been made on this amendment

After Clause 62, insert the following new Clause—
“Right to access to nature
(1) The Secretary of State shall have a duty to promote school pupils' access to nature, with the aim of ensuring that each pupil spends an average of one hour per week as a minimum during term time in a natural setting during class time.
(2) The Secretary of State must, within 12 months of the day on which this Act is passed, and every 12 months thereafter, lay before Parliament a report on progress on achieving this goal.
(3) For the purposes of this section, “natural environment” has the same meaning as in section 44 of the Environment Act 2021.”

Type: Backbencher

Signatures: 3

Baroness Bennett of Manor Castle (Green - Life peer)
Lord Farmer (Con - Life peer)
Baroness Willis of Summertown (XB - Life peer)

Member's explanatory statement

This amendment aims to improve pupils' exposure to and knowledge of natural environments.

Amendment 62

This amendment was NOT MOVED

Clause 4, page 8, line 34, at end insert—
“(14A) Before making regulations under this section the Secretary of State must establish a strategy to ensure accurate and secure collection, recording and storage of any data obtained under this section and publish that strategy.”

Type: Backbencher

Signatures: 1

Lord Farmer (Con - Life peer)

Member's explanatory statement

This is a probing amendment which seeks to understand how the Government will manage erroneous recording.

Amendment 63

This amendment was NOT MOVED

Clause 4, page 8, line 34, at end insert—
“(14A) Draft regulations under subsection (1) must be published within the period of one month after the day on which the Children’s Wellbeing and Schools Act 2025 is passed and must include—
(a) the description of the consistent identifier,
(b) the description of the designated person,
(c) the description of all persons or services to which this section applies, and
(d) the process by which the Secretary of State will ensure accurate collection of data.”

Type: Backbencher

Signatures: 1

Lord Farmer (Con - Life peer)

Member's explanatory statement

This amendment seeks to get clarity on which services this section applies to.

Amendment 502C

NO DECISION has been made on this amendment

After Clause 62, insert the following new Clause—
“Review of the Act
(1) The Secretary of State must—
(a) carry out a review of the operation and effect of this Act,
(b) set out the conclusions of the review in a report,
(c) publish the report, and
(d) lay a copy of the report before Parliament.
(2) The report must be published before the end of the period of five years beginning with the day on which this Act is passed.
(3) The report must, in particular—
(a) assess the extent to which the objectives intended to be achieved by this Act have been achieved, and
(b) assess whether those objectives remain appropriate and, if so, the extent to which they could be achieved more effectively in any other way.
(4) In carrying out the review, the Secretary of State must publish an invitation for interested parties to make submissions on the operation of the Act.”

Type: Backbencher

Signatures: 1

Lord Norton of Louth (Con - Life peer)

Amendment 502D

NO DECISION has been made on this amendment

After Clause 62, insert the following new Clause—
“Financial education in primary schools
(1) All primary schools must teach financial education from Year 1.
(2) For the purposes of this section, “financial education” is the teaching of knowledge, skills and behaviours that allow an individual to understand and manage money.”

Type: Backbencher

Signatures: 2

Baroness Sater (Con - Life peer)
Lord Farmer (Con - Life peer)

Amendment 63A

This amendment was NOT MOVED

Clause 4, page 8, line 34, at end insert—
“(14A) Consequential amendments may be made to other legislation to ensure that the consistent identifier is established and recorded at the earliest appropriate moment.”

Type: Backbencher

Signatures: 1

Lord Lucas (Con - Excepted Hereditary)

Member's explanatory statement

This amendment would allow other legislation to be amended so that the consistent identifier was established when a birth was registered, as part of immigration or visa processes, etc.

Amendment 64

This amendment was NOT MOVED

Clause 4, page 8, line 35, at end insert—
““NHS Number” means the number, consisting of 10 numeric digits, which serves as the national unique identifier used for the purpose of safely, accurately and efficiently sharing information relating to a registered patient across the whole of the health service in England;
“the health service” has the meaning given in section 275 (index of defined expressions) of the National Health Service Act 2006;”

Type: Backbencher

Signatures: 1

Baroness Fraser of Craigmaddie (Con - Life peer)

Member's explanatory statement

The amendments seeks to mandate that the single use identifier must be the child’s existing NHS number.

Amendment 502E

NO DECISION has been made on this amendment

After Clause 62, insert the following new Clause—
“Anti-Bullying Lead
(1) In pursuance of their duty under section 89 (1)(b) of the Education and Inspections Act 2006, the head teacher of a relevant school in England must appoint a member of staff who is the school’s Anti-Bullying Lead.
(2) The role of the Anti-Bullying Lead will include developing the school’s written anti-bullying strategy.
(3) The anti-bullying strategy must include details of—
(a) the steps taken by the school to prevent all forms of bullying among pupils, including those with protected characteristics.
(b) how the school records incidences of bullying.
(c) the training that the school makes available for staff related to bullying.”

Type: Backbencher

Signatures: 1

Lord Carlile of Berriew (XB - Life peer)

Member's explanatory statement

This amendment seeks to protect children from bullying by requiring head teachers to appoint an Anti-Bullying Lead to develop an Anti-Bullying Strategy in applicable schools.

Amendment 502F

NO DECISION has been made on this amendment

After Clause 62, insert the following new Clause—
“Duty on public authorities
(1) A public authority must, in the exercise of a relevant function, have due regard to the desirability of exercising that function in a way that is consistent with the UNCRC requirements.
(2) The Secretary of State may by regulations make provision about how a public authority is to comply with the duty under subsection (1) (including provision about things that the authority may, must or must not do to comply with the duty).
(3) A court or tribunal is exempt from subsection (1).
(4) The Secretary of State may, by regulations, exempt from the duty in subsection (1)—
(a) a public authority, or
(b) a relevant function.
(5) The power under subsection (4) may only be exercised if the Secretary of State is satisfied that the duty under subsection (1) should not apply to a public authority or a relevant function because it will not result in any adverse impacts on the wellbeing and safety of children.
(6) Regulations made under subsections (2) and (4) are to be made by statutory instrument and may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
(7) A power to make regulations under this section includes the power to make—
(a) consequential, incidental, supplementary, transitional or saving provision;
(b) different provision for different purposes.
(8) The Secretary of State must—
(a) on or before 31 January 2026, and
(b) at or before the end of each successive period of five years,
publish a report on how the Government has complied with the duty under this section.
(9) The Government must lay before Parliament a copy of each report published under subsection (8).
(10) For the purposes of this section—
“public authority” has, subject to the specific provision made above about courts and tribunals, the same meaning as in section 6 of the Human Rights Act 1998;
“relevant function” means a function exercised under this Act.
(11) In this section—
“the Convention” means the United Nations Convention on the Rights of the Child adopted and opened for signature, ratification and accession by General Assembly resolution 44/25 of 20 November 1989;
“the UNCRC requirements” means the rights and obligations from the Convention, and the articles of the first optional protocol and the second optional protocol as referred to above.
(12) The UNCRC requirements have effect for the purposes of this Act subject to any reservations, objections or interpretative declarations by the United Kingdom as may be in force from time to time.”

Type: Backbencher

Signatures: 3

Lord Banner (Con - Life peer)
Baroness Hale of Richmond (XB - Life Peer (judicial))
Lord Meston (XB - Excepted Hereditary)

Amendment 65

This amendment was WITHDRAWN

After Clause 4, insert the following new Clause—
“Child contact centres
(1) The Secretary of State must by regulations—
(a) require all child contact centres and organisations that offer child contact services to be accredited in accordance with national standards in relation to safeguarding and preventing domestic abuse;
(b) require all child contact centre staff and volunteers to undertake mandatory safeguarding and domestic abuse training which must establish processes to centre the voice and experience of the child and parent or carer at all stages of parental involvement;
(c) establish mechanisms to support and develop the role of contact centres in multi-agency risk assessment at a local level;
(d) set out a system-wide approach to risk assessment and risk management in child contact centres, including the provision of specialist support for parents, carers and children;
(e) ensure adequate funding and investment into child contact centres to ensure locally accessible and affordable provision.
(2) A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.”

Type: Backbencher

Signatures: 4

Baroness McIntosh of Pickering (Con - Life peer)
Baroness Finlay of Llandaff (XB - Life peer)
Baroness Burt of Solihull (LD - Life peer)
Lord Meston (XB - Excepted Hereditary)

Amendment 66

This amendment was WITHDRAWN

After Clause 4, insert the following new Clause—
“Mandatory reporting of child sexual abuse
(1) The Children Act 2004 is amended as follows.
(2) After section 16LB insert—
“16LC Reporting of child sexual abuse
Subject to the provisions of section 16LD(7), (8), and (10) and section 16LF, providers of any one or more of the activities set out in Schedule 1A, who know of, or have reasonable grounds for suspecting the commission of, sexual abuse of children in their care, must, as soon as is practicable after it comes to their knowledge or attention, report it to—
(a) the Local Authority Designated Officer (LADO),
(b) Local Authority Children’s Services, or
(c) such other single point of contact with the local authority as that authority may designate for that purpose.
16LD Process
(1) If the report under section 16LC is made orally, the maker of the report must confirm the report in writing no later than seven days thereafter.
(2) Section 16LC applies whether or not the activities are defined in any enactment as regulated activities involving children.
(3) Section 16LC applies whether a commission of sexual abuse takes place, or is alleged or suspected to have taken place, in the setting of the activity or elsewhere.
(4) For the purposes of section 16LC the operators of a setting in which the activity takes place and staff employed at any such setting in a managerial or general welfare role are deemed to stand in a position of trust and are deemed to have direct contact with children in their care whether or not such children are or have been attended by them.
(5) For the purposes of section 16LC all other employed or contracted staff or voluntary staff and assistants are deemed to stand in a position of trust only if they have had direct contact with and have attended such children during their time in such a position.
(6) For the purposes of section 16LC children are or are deemed to be in the care of the providers of the activities set out in Schedule 1A—
(a) in the case of the operators of any setting in which the activity takes place and of staff employed by the operators at any such setting in a managerial or general welfare role, for the period of time during which the operators are bound contractually or otherwise to accommodate or to care for such children, whether such children are resident or in daily attendance wherever the activity is provided, and
(b) in the case of all other employed or contracted staff or voluntary staff and assistants, for the period of time only in which they are personally attending such children in the capacity for which they were employed, or their services were contracted for.
(7) The Secretary of State may, in exceptional cases, issue a suspension document to rescind or temporarily suspend the duty referred to in section 16LC in the case of any specified child or children if it appears to the Secretary of State that the child’s welfare, safety or protection would be prejudiced or compromised by the fulfilment of the duty.
(8) Where it appears to the Secretary of State that the welfare, safety and protection of children is furthered, they may exempt—
(a) any specified organisation that works with children generally, and its members, or
(b) any specified medical officer,
from compliance with the duty referred to in section 16LC provided that no allegation is made against that entity or person.
(9) The Secretary of State may make regulations varying or adding to or deleting from the list of activities in Schedule 1A, whether or not such activities are defined in any enactment as regulated activities involving children.
(10) A person who makes a report under section 16LC in good faith, or who does any other thing required by sections 16LC to 16LF, may not by so doing be held liable in any civil or criminal or administrative proceeding, and may not be held to have breached any code of professional etiquette or ethics, or to have departed from any acceptable form of professional conduct.
(11) Reports under section 16LC and the identities of the persons making them must be received and held by their proper recipients in confidence.
16LE Offences
(1) Failure to fulfil the duty set out in section 16LC following the procedure described in section 16LD before the expiry of the period of seven days of the matter, allegation or suspicion first coming to the knowledge or attention of the provider or of any person whose services are used by the provider as defined in section 16LD is an offence.
(2) A person who causes or threatens to cause any detriment to a mandated person, being a person placed under the duty to report pursuant to section 16LC above, or to another person, either wholly or partly related to the mandated person’s actual or intended provision of a report under section 16LC, is guilty of an offence.
(3) Detriment includes any personal, social, economic, professional, or other detriment to the person.
(4) A person guilty of an offence under subsection (1) is liable on summary conviction to a level 5 fine on the standard scale.
(5) A person guilty of an offence under subsection (2) is liable on summary conviction to a level 4 fine on the standard scale.
16LF Defences
It is a defence—
(a) for any person to show that the Secretary of State acting pursuant to section 16LD(7) has issued a suspension document;
(b) for any person employed by or operating as an organisation that works with children or for any medical officer to show that the Secretary of State has by a suspension document, whether temporarily or permanently, exempted it and its members or any medical officer from compliance with the duty in section 16LC;
(c) to show that a report of the commission of the known or suspected child abuse has been made by any other party to the body or person under section 16LC(a) to (c) before or during the seven days referred to in section 16LE(1).
16LG Definitions
In sections 16LC to 16LF—
“children” means persons under the age of 18 years;
“operators of a setting” , in the case of schools, sixth form colleges, and colleges of further education in private ownership, includes the proprietors, members of governing bodies, and board members in the case of ownership by a limited liability company;
“providers of activities” has the same meaning as in section 6 of the Safeguarding Vulnerable Groups Act 2006.”
(3) After Schedule 1, insert—
“Schedule 1ASection 16LC
REGULATED AND OTHER ACTIVITIES
1 Education including—
(a) schools;
(b) sixth form colleges;
(c) colleges of further education;
(d) pupil referral units;
(e) residential special schools;
(f) hospital education trusts;
(g) settings of education other than at schools;
(h) private tuition centres.
2 Healthcare including—
(a) hospitals;
(b) hospices;
(c) GP surgeries;
(d) walk-in clinics;
(e) outpatient clinics.
3 Others including—
(a) child nurseries and kindergarten provision;
(b) childminders and childcare providers registered on the early years register or the compulsory or voluntary part of the childcare register;
(c) registered social care providers and managers for children;
(d) children’s homes;
(e) children’s hospices;
(f) youth offender institutions;
(g) the Probation Service;
(h) private institutions contracted by public bodies to provide services to children;
(i) organisations providing activities to children, such as sports clubs, music, dance or drama groups, youth clubs, and Ministry of Defence cadet forces including Sea Cadets, the Volunteer Cadet Corps, the Army Cadet Force, the Air Training Corps and the Combined Cadet Force, Fire Cadets;
(j) organisations providing holidays for children or supervising children while on holiday;
(k) churches, mosques, synagogues, temples, and other places of worship and religious organisations, and other organisations holding non-religious worldviews;
(l) services offered to children by local authorities outwith their statutory duties;
(m) services offered to children by the police outwith their statutory duties;
(n) transport services including taxis and coaches commissioned by the providers of the regulated activities in this Schedule.””

Type: Backbencher

Signatures: 3

Baroness Grey-Thompson (XB - Life peer)
Baroness Walmsley (LD - Life peer)
Lord Moynihan (Con - Excepted Hereditary)

Amendment 502G

NO DECISION has been made on this amendment

After Clause 62, insert the following new Clause—
“Application of Part 2
Nothing in Part 2 of this Act shall apply if it would have the effect of impeding the right of parents to ensure access to such education and teaching for their children as is in conformity with their own religious and philosophical convictions.”

Type: Backbencher

Signatures: 1

Lord Carter of Haslemere (XB - Life peer)

Member's explanatory statement

This amendment disapplies any provision of Part 2 if its effect would be to impede the right of parents to educate their children consistently with their own religious and philosophical beliefs.

Amendment 502H

NO DECISION has been made on this amendment

After Clause 62, insert the following new Clause—
“National strategy for physical education and sport in schools
(1) Within 12 months of the day on which this Act is passed, the Secretary of State must publish a national strategy for physical education and sport in schools.
(2) The strategy must include recommendations related to—
(a) the delivery of a minimum of 60 minutes of school sport and physical activity per day;
(b) physical and mental wellbeing;
(c) incentivising pupils to continue sport and physical activity throughout their school careers;
(d) full and integrated sports provision for disabled students;
(e) integrating physical education and sport into the teaching of other school subjects;
(f) integrating outdoor recreation, non-traditional sport, physical activity and natural facilities into sports provision in schools;
(g) meeting swimming attainment standards through school sport provision;
(h) the levels of investment in and effectiveness of primary physical education and sport premium funding;
(i) the role of volunteering in the teaching of sport and physical education in schools, including qualifications, standards, and engagement of external coaches and parents with qualifications recognised by the governing bodies of sport in Great Britain;
(j) a duty of care for all schoolchildren participating in sport;
(k) the development of a list of key performance indicators to measure outcomes of the national strategy.
(3) The national strategy must be reviewed, updated and laid before both Houses of Parliament annually.”

Type: Backbencher

Signatures: 4

Lord Moynihan (Con - Excepted Hereditary)
Lord Addington (LD - Excepted Hereditary)
Baroness Sater (Con - Life peer)
Baroness Grey-Thompson (XB - Life peer)

Amendment 67

This amendment was WITHDRAWN

After Clause 4, insert the following new Clause—
“Abolition of common law defence of reasonable punishment
(1) The Children Act 2004 is amended as follows.
(2) In section 58 (reasonable punishment: England), omit subsections (1) to (4).
(3) After section 58, insert—
“58A Abolition of common law defence of reasonable punishment
(1) The common law defence of reasonable punishment is abolished in relation to corporal punishment of a child taking place in England.
(2) Corporal punishment of a child taking place in England cannot be justified in any civil or criminal proceedings on the ground that it constituted reasonable punishment.
(3) Corporal punishment of a child taking place in England cannot be justified in any civil or criminal proceedings on the ground that it constituted acceptable conduct for the purposes of any other rule of the common law.
(4) For the purposes of subsections (1) to (3) “corporal punishment” means any battery carried out as a punishment.
(5) The Secretary of State may make regulations for transitory, transitional or saving provision in connection with the coming into force of this section.
(6) The power to make regulations under subsection (5) is exercisable by statutory instrument.
(7) This section comes into force six months after the day on which the Children’s Wellbeing and Schools Act 2025 comes into force.
58B Promotion of public awareness and reporting
(1) The Secretary of State must take steps before the coming into force of section 58A to promote public awareness of the changes to the law to be made by that section.
(2) The Secretary of State must, five years after its commencement, prepare a report on the effect of the changes to the law made by section 58A.
(3) The Secretary of State must, as soon as practicable after preparing a report under this section—
(a) lay the report before Parliament, and
(b) publish the report.
(4) The Secretary of State may make regulations for transitory, transitional or saving provision in connection with the coming into force of this section.
(5) The power to make regulations under subsection (4) is exercisable by statutory instrument.””

Type: Backbencher

Signatures: 4

Baroness Finlay of Llandaff (XB - Life peer)
Lord Hampton (XB - Excepted Hereditary)
Baroness Walmsley (LD - Life peer)
Baroness Lister of Burtersett (Lab - Life peer)

Member's explanatory statement

This new clause would abolish the common law defence of reasonable punishment in relation to corporal (physical) punishment of a child taking place in England, amend certain provisions of the Children Act 2004 relating to corporal punishment of children and place a duty on the Secretary of State to report this change.

Amendment 68

This amendment was WITHDRAWN

After Clause 4, insert the following new Clause—
“Duty on local authorities to provide family support services for children and families
After section 19 of the Children Act 1989, insert—
“19A Duty on local authorities to provide family support services for children and families
(1) A local authority has a duty to provide, so far as is reasonably practical, family support services to all children and parents residing in their area.
(2) Family support services provided by a local authority must—
(a) be provided within the authority area,
(b) seek to improve the health and educational outcomes of children in the relevant area, and
(c) seek to reduce the number of children in their area who suffer ill treatment or neglect.
(3) In this section, “family support services” refer to services which provide children and parents with—
(a) advice, guidance or counselling,
(b) social, cultural or recreational activities, or
(c) accommodation while receiving services provided under subsections (3)(a) and (b).
(4) In fulfilling its duty under subsection (1), a local authority must have regard to—
(a) the availability of and demand for family support services in its area,
(b) the availability of and demand for family support services in its area which are capable of meeting different needs, and
(c) the location of family support services and the equality of access across the authority area.
(5) A local authority must publish information about family support services—
(a) on the authority’s website, and
(b) in all public libraries in the local authority area.
(6) The Secretary of State may by regulations make provision relating to the provision of family support services by local authorities.
(7) In this section—
“children and parents” means—
(a) a child under the age of 18;
(b) a young person aged 18-25 who has a diagnosis of special educational needs;
(c) the parents of a child or young person;
(d) a person who has parental responsibility for a child or young person; or
(e) a person who is pregnant.
“local authority” means—
(a) a county council in England;
(b) a district council in England;
(c) a London borough council;
(d) the Common Council of the City of London (in their capacity as a local authority);
(e) the Council of the Isles of Scilly;
(f) a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009;””

Type: Backbencher

Signatures: 3

Baroness Bennett of Manor Castle (Green - Life peer)
Lord Farmer (Con - Life peer)
Baroness Benjamin (LD - Life peer)

Member's explanatory statement

This new clause would introduce a requirement on local authorities to provide family support services for all children and parents in their area.

Amendment 502J

NO DECISION has been made on this amendment

After Clause 62, insert the following new Clause—
“Curriculum review: physical education programmes of study
Within six months of the day on which this Act is passed, the Secretary of State must undertake a curriculum review which investigates how sport provision in schools can help ensure that pupils—
(a) develop competence in a broad range of competitive and physically demanding activities;
(b) are physically active for a sustained period of time equal to or in excess of the minimum time recommended by the Chief Medical Officer;
(c) can engage in competitive sports and activities in a way which supports their health and fitness;
(d) can lead healthy, active lives and help embed values such as fairness and respect.”

Type: Backbencher

Signatures: 4

Lord Moynihan (Con - Excepted Hereditary)
Lord Addington (LD - Excepted Hereditary)
Baroness Sater (Con - Life peer)
Baroness Grey-Thompson (XB - Life peer)

Amendment 502K

NO DECISION has been made on this amendment

After Clause 62, insert the following new Clause—
“Code of practice on the efficacy of education technology in schools
(1) The Secretary of State must prepare a statutory code of practice on the efficacy of educational technology (“EdTech”) for supporting learning in schools.
(2) The code of practice must set standards for the use of EdTech in schools, including digital products, software or services used for teaching, learning, assessment, administration, or communication.
(3) The standards under subsection (2) must—
(a) consider all types of schools;
(b) require transparency and efficacy of EdTech products and services in line with pedagogical standards currently used for measurement of attainment and the wellbeing of children in the provision of education.
(4) In preparing a code or amendments under this section, the Secretary of State must–
(a) have regard to the fact that children may have different requirements at different ages and stages of development,
(b) have regard to the costs of EdTech products and services to school budgets,
(c) have regard to the need to support innovation to enhance children’s education and learning opportunities, including testing of novel products and supporting the certification and development of standards, and
(d) ensure that the benefits from EdTech products and services developed using children’s data accrue to the United Kingdom.
(5) In preparing a code or amendments under this section, the Secretary of State must consult with—
(a) educators,
(b) children,
(c) parents,
(d) persons who appear to the Secretary of State to represent the interests of teachers,
(e) persons who appear to the Secretary of State to represent the interests of children,
(f) persons who appear to the Secretary of State to represent the interests of schools,
(g) child development experts,
(h) curriculum and subject experts,
(i) trade associations,
(j) the AI Security Institute, and
(k) the relevant education department for each nation of the United Kingdom.
(6) The Secretary of State must prepare a report, in consultation with persons listed in subsection (5), on the steps required to develop a certification scheme for EdTech products and services to enable the industry to demonstrate the efficacy of its products in line with the standards under subsection (2).
(7) The certification scheme under subsection (6) must be a minimum requirement for the procurement of EdTech products and services in schools (of any status) in England.
(8) Where requested, evidence of compliance with the code under subsection (1) or a certification standard prepared under subsection (6) must be provided by relevant providers of EdTech products and services in a manner that satisfies the obligations of education providers under the Code.”

Type: Backbencher

Signatures: 4

Baroness Kidron (XB - Life peer)
Baroness Cass (XB - Life peer)
Lord Russell of Liverpool (XB - Excepted Hereditary)
Lord Holmes of Richmond (Con - Life peer)

Member's explanatory statement

This is a probing amendment that considers the rapid introduction of Ed Tech in school and seeks to understand what pedagogical standards Ed Tech in schools is or will be subject to after the passage of the Bill.

Amendment 69

This amendment was NOT MOVED

After Clause 4, insert the following new Clause—
“Common open data standard: children’s wellbeing
(1) The Secretary of State may by regulations establish a common open data standard for relevant bodies to use in respect of their statutory duties relating to the safeguarding and welfare of children.
(2) Any standard established under subsection (1) must be—
(a) non-proprietary, that is not dependent on vendor-specific software;
(b) documented such that the structure is publicly available;
(c) platform-independent, that is usable across systems;
(d) royalty-free or under open licence.
(3) “Common open data standard” means a common data rule that allows any user to create compatible and consistent products, processes and services that is publicly available.
(4) For the purposes of this section, a “relevant body” means—
(a) a local authority;
(b) a state-funded school;
(c) a children's home;
(d) any regulated body with statutory duties relating to children which the Secretary of State may designate by regulations.
(5) A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.”

Type: Backbencher

Signatures: 1

Baroness Spielman (Con - Life peer)

Member's explanatory statement

This amendment would give the Secretary of State the power to establish by regulations a common data standard for information relating to the safeguarding and wellbeing of children so it can be more easily shared between relevant public bodies.

Amendment 69A

This amendment was NOT MOVED

After Clause 4, insert the following new Clause—
“Curtailment of rights of contact
(1) The High Court may remove or curtail the rights of parental contact of a person convicted of a domestic abuse, child abuse or child sexual abuse.
(2) The High Court must publish annually the total number of times they have removed or curtailed rights of parental contact under subsection (1).”

Type: Backbencher

Signatures: 1

Lord Lucas (Con - Excepted Hereditary)

Amendment 502L

This amendment was WITHDRAWN BEFORE DEBATE

[Withdrawn]
After Clause 62, insert the following new Clause—
“Minimum standards of safety technology deployed in schools
(1) The Secretary of State must set out the minimum standards for technologies used to safeguard children in schools (“SafetyTech”).
(2) The code of practice must set standards for the use of SafetyTech in schools, used in the management, monitoring, filtering and any other safeguarding that the Secretary of State requires, on any digital products, software or services used for safeguarding, teaching, learning, assessment, administration, or communication.
(3) The standards under subsection (2) must—
(a) ensure schools have a nominated SafetyTech lead, with access to information and training from the Department for Education,
(b) reflect the Department for Education’s filtering and monitoring standards, and
(c) have been audited, accredited or certified to ensure compliance.
(4) This code of practice must be subject to assessment by Ofsted and be responsive to emerging digital capabilities and review by the Department for Education each school year.”

Type: Backbencher

Signatures: 2

Baroness Kidron (XB - Life peer)
Baroness Cass (XB - Life peer)

Member's explanatory statement

This amendment seeks to require guidance for the use of SafetyTech and put it on a statutory bases, introduce the requirement to audit or certify and ensure that SafetyTech being in place and working is part of Ofsted inspections.

Amendment 502M

NO DECISION has been made on this amendment

After Clause 62, insert the following new Clause—
“Duty to keep schools open for in person attendance
(1) So far as reasonably possible, public authorities must ensure that, during the period of any civil emergency, schools are kept open for in person attendance by children and young people.
(2) The Secretary of State must, by regulations, make provision about how public authorities should discharge the duty under subsection (1), including provision specifying—
(a) steps that a public authority may or must take to comply with the duty, and
(b) actions that a public authority is prohibited from taking.
(3) Regulations made under subsection (2) must be made by statutory instrument.
(4) A statutory instrument containing regulations under subsection (2) may not be made unless a draft has been laid before, and approved by a resolution of, each House of Parliament.
(5) A power to make regulations under this section includes the power to make—
(a) consequential, incidental, supplementary, transitional or saving provision;
(b) different provision for different purposes.
(6) A public authority must not, in response to a civil emergency, take or facilitate any action (including making regulations, issuing directions, issuing orders, giving guidance, or making recommendations) that—
(a) results in, or encourages, the closure of schools, or
(b) otherwise prevents or restricts lawful attendance at such institutions or premises by children and young people,
unless the requirements of subsection (7) are met.
(7) Before taking any action of the kind described in subsection (6), the public authority must first, unless the urgency of the civil emergency precludes this—
(a) request the advice of the Children’s Commissioner on the likely impact of such action on the children and young people who will be affected by the action,
(b) provide the Children’s Commissioner with full and complete information about the nature of and reasons for the proposed action, and
(c) have due regard to the Children’s Commissioner’s advice in determining whether to proceed with the action.
(8) If any action of the kind described in subsection (6) is taken prior to seeking the advice of the Children’s Commissioner due to urgency—
(a) as soon as reasonably practicable and in any event within 7 days of taking the action, the public authority must provide the Children’s Commissioner with full and complete information about the nature of and reasons for that action;
(b) the Children’s Commissioner must then promptly, and in any event within 14 days of the action having been taken, provide the public authority with its advice in relation to the impact of that action on children and young people;
(c) the public authority, having due regard to the Commissioner’s advice, shall determine whether the action continues to be justified or whether it should be revoked.
(9) If action of the kind described in subsection (6) continues beyond 14 days, and in relation to each such period of 14 days thereafter, the Secretary of State must—
(a) lay before Parliament a copy of the Children’s Commissioner’s advice, and
(b) seek approval from the House of Commons for the continuation of the action.
(10) If the House of Commons does not approve continuation under subsection (9)(b) within 14 days of the advice of the Children’s Commissioner being laid before Parliament under subsection 9(a), the relevant action automatically lapses, and any measures (including regulations, directions, orders, guidance, or recommendations made in support of or continuance of the relevant action) become legally void.
(11) Where under any of the above provisions the advice of the Children’s Commissioner is sought, the Children’s Commissioner shall set out in writing his or her advice on the following matters—
(a) the foreseeable impacts of any closures of schools on the affected children and young people,
(b) any reasonable actions that could be taken to mitigate those impacts,
(c) whether the anticipated benefits for those children of the closures identified by the public authority appear to him or her to outweigh the foreseeable impacts of closures for those children, and
(d) any other matters which appear to him or her to be relevant.
(12) The Children’s Commissioner is entitled to require the public authority or the Secretary of State to provide such further information, assistance, and resources as he or she considers necessary in order to set out his or her advice on a particular action and the public authority or the Secretary of State, as the case may be, shall provide such information, assistance or resources as soon as reasonably practicable.
(13) For the purposes of this section—
“children” means persons under the age of 18;
“civil emergency” shall include any emergency situation which could constitute an emergency for the purposes of section 1 of the Civil Contingencies Act 2004 or which has otherwise been identified as a risk in the UK’s National Security Risk Assessment. For the avoidance of doubt an emergency need not be the subject of measures taken under the Civil Contingencies Act 2004 to be a civil emergency for the purposes of this Act.
“closure” in relation to schools, means any action to discourage, restrict or prevent in person attendance at those institutions or premises by children and young people who would ordinarily be entitled to attend, or any sub-group or class of such children or young people;
“open for in person attendance” in relation to schools, means being open for the attendance by all of the children who would ordinarily, and but for the occurrence of a civil emergency, be entitled to attend those institutions or premises, during their normal hours of operation;
“open for in person attendance” does not include the provision of online learning or other remote learning services nor the keeping of such institutions or premises open for physical attendance only for a sub-group or class of those children or young people who would ordinarily be entitled to attend;
“public authority” has the same meaning as in section 6 of the Human Rights Act 1998” save that a court or tribunal is not included for these purposes.”

Type: Backbencher

Signatures: 2

Lord Young of Acton (Con - Life peer)
Lord Brady of Altrincham (Con - Life peer)

Member's explanatory statement

The purpose of the amendment is to enact a statutory duty to keep schools open for in person attendance in future public health and other civil emergencies, unless Parliament expressly approves, and continues every two weeks to approve, any closures.

Amendment 69AB

This amendment was WITHDRAWN

After Clause 4, insert the following new Clause—
“Parent-equivalent care by local authorities
In section 22 of the Children Act 1989 (general duty of local authority in relation to children looked after by them), after subsection (3)(a) insert—
“(aa) to provide care as would be reasonable to expect a parent to give to them; and””

Type: Backbencher

Signatures: 1

Lord Watson of Invergowrie (Lab - Life peer)

Member's explanatory statement

This amendment seeks to ensure that the nature and level of parental care expected for children within their own families also applies to corporate parents and to the children’s care system. It replaces amendment 146A.

Amendment 502N

NO DECISION has been made on this amendment

After Clause 62, insert the following new Clause—
“Use of seclusion (including isolation rooms) in schools
(1) For the purposes of this section, "seclusion" means the involuntary confinement and isolation of a child or young person, in a room or space from which they are not free to leave, whether or not a member of staff is physically present.
(2) The Secretary of State may by regulations, following consultation with relevant stakeholders, make provision for the regulation and oversight of the use of seclusion in schools.
(3) If regulations are made under this section, they must include provision ensuring that—
(a) seclusion is not used as a form of discipline or behaviour management;
(b) any use of seclusion is recorded, and reported to the child’s parent or carer on the same day;
(c) any incident involving seclusion is reviewed by a person with lead responsibility for safeguarding within the setting;
(d) data on the use of seclusion is collected, monitored, and made available for external scrutiny.
(4) For the purposes of subsection (3)(c), “a person with lead responsibility for safeguarding within the setting” means the individual who holds primary designated responsibility for child protection or safeguarding matters in that educational setting.
(5) Before making regulations under this section, the Secretary of State must consult such persons as they consider appropriate, including representative organisations of education staff, providers, children and young people, and families, and organisations representing those with special educational needs or disabilities.
(6) When making regulations under this section, the Secretary of State must have regard to relevant duties under the Equality Act 2010 and the Human Rights Act 1998.
(7) A statutory instrument containing regulations under this Act is subject to annulment in pursuance of a resolution of either House of Parliament.”

Type: Backbencher

Signatures: 1

Baroness Grey-Thompson (XB - Life peer)

Member's explanatory statement

This clause is proposed as a probing amendment to support parliamentary debate on legal safeguards for the use of seclusion in schools. It does not impose direct duties on schools. Instead, it invites the Secretary of State to consider enabling regulation, following sector-wide consultation.

Opposition Amendment 69B

This amendment was WITHDRAWN

Clause 5, page 9, line 12, at end insert—
“(iii) kinship families.”

Type: Opposition

Signatures: 2

Earl of Effingham (Con - Excepted Hereditary)

Opposition Whip (Lords)

Baroness Stedman-Scott (Con - Life peer)

Opposition Whip (Lords)

Member's explanatory statement

This amendment would ensure the needs and experiences of all members of kinship families are considered and those family members are able to access the support they need, so children can thrive in safe, loving homes within their family network.

Amendment 70

This amendment was NOT MOVED

Clause 5, page 9, line 26, at end insert—
“(e) legal support;
(f) family group decision making.”

Type: Backbencher

Signatures: 1

Lord Hampton (XB - Excepted Hereditary)

Member's explanatory statement

This amendment would require local authorities to include, in the kinship local offer, information on any legal support available including advice services and information on when family group decision making is offered.

Amendment 502P

NO DECISION has been made on this amendment

After Clause 62, insert the following new Clause—
“Safe and Resilient Schools Plan
(1) All new school buildings must be net zero in operation, and designed for a 2°C rise in average global temperatures and future-proofed for a 4°C rise.
(2) All new school buildings must be built to adapt to the risks of climate change, including increased flooding and higher indoor temperatures.
(3) The Secretary of State must within two years of the day on which this Act is passed—
(a) publish a national Safe and Resilient Schools Plan which sets out how existing school buildings can reach net zero and be resilient to climate risks, and
(b) set a target date, using the affirmative resolution procedure, and delivery roadmap for implementation of the Safe and Resilient Schools Plan.”

Type: Backbencher

Signatures: 2

Baroness Boycott (XB - Life peer)
Lord Gascoigne (Con - Life peer)

Member's explanatory statement

This amendment would make the Department for Education’s guidance around new school buildings statutory, and require government to publish and implement a plan which ensures that existing school buildings are resilient to climate risks, like overheating and flooding, and reach net zero.

Amendment 502Q

NO DECISION has been made on this amendment

After Clause 62, insert the following new Clause—
“Preventing school exclusion and strengthening support for vulnerable children
(1) Where a child is subject to police involvement or is known to youth justice services, a youth justice practitioner must be invited to attend any school exclusion hearing or appeal concerning that child, to assist the child and their family and the school in identifying appropriate support to maintain the child’s engagement in education.
(2) In cases where a child has suspected or recognised special educational needs and disabilities (SEND) or neurodivergence, there shall be a presumption against permanent or fixed-term exclusion.
(3) An alternative educational plan must be developed, including a timely assessment of the child’s learning needs.
(4) Where police are called to a school in relation to a child known to youth justice or other statutory services, the school must notify the relevant agency to ensure coordinated decision-making and safeguarding.”

Type: Backbencher

Signatures: 1

Lord Carlile of Berriew (XB - Life peer)

Opposition Amendment 71

This amendment was NOT MOVED

Clause 5, page 10, line 5, at end insert—
“(8) In fulfilling its duties under subsection (7) a local authority must annually consult and collect feedback from children in kinship care and their carers about its kinship local offer.
(9) Feedback received under subsection (8) must be published annually.”

Type: Opposition

Signatures: 1

Earl of Effingham (Con - Excepted Hereditary)

Opposition Whip (Lords)

Member's explanatory statement

This amendment would require local authorities to consult children and carers when reviewing their kinship care offer.

Amendment 72

This amendment was NOT MOVED

Clause 5, page 10, line 5, at end insert—
“(8) A local authority must from time to time publish—
(a) comments about its kinship local offer it has received from or on behalf of children, kinship carers and others with lived experience of aspects of kinship care;
(b) the authority's response to those comments (including details of any action the authority intends to take).
(9) Comments published under subsection (8)(a) must be published in a form that does not enable the person making them to be identified.
(10) Regulations made by statutory instrument may make further provision about—
(a) information to be included in an authority's kinship local offer;
(b) how an authority's kinship local offer is to be published;
(c) who is to be involved and consulted by an authority in developing, preparing and reviewing its kinship local offer;
(d) how an authority is to involve children, kinship carers and others with lived experience of aspects of kinship care in the development, preparation and review of its local kinship offer;
(e) the publication of comments on the kinship local offer, and the local authority's response, under subsection (8)(b) (including circumstances in which comments are not required to be published).”

Type: Backbencher

Signatures: 1

Lord Hampton (XB - Excepted Hereditary)

Member's explanatory statement

This amendment would give the Secretary of State explicit power to set out in regulations how the kinship local offer should be published, when it should be reviewed, and how children and families are to be involved in developing it.

Amendment 502R

NO DECISION has been made on this amendment

After Clause 62, insert the following new Clause—
“Mandatory training in SEND and neurodivergence
(1) Within one year of the passing of this Act, all school teaching staff must receive mandatory training in the identification and support of children with SEND and neurodivergence.
(2) The Secretary of State must issue guidance on the content, frequency and delivery of such training, and ensure it is embedded in initial teacher training and continuing professional development.”

Type: Backbencher

Signatures: 2

Lord Carlile of Berriew (XB - Life peer)
Baroness Bull (XB - Life peer)

Amendment 502S

NO DECISION has been made on this amendment

After Clause 62, insert the following new Clause—
“Duty on schools to work with youth courts to provide assessment of special educational needs and neurodivergence
Schools must, when requested, provide courts with an assessment of a child’s special educational needs or neurodivergence, including but not limited to—
(a) whether the child has SEND or neurodivergence;
(b) whether appropriate adaptations and support were in place during their schooling;
(c) whether further expert assessment is required.”

Type: Backbencher

Signatures: 1

Lord Carlile of Berriew (XB - Life peer)

Opposition Amendment 73

This amendment was WITHDRAWN

After Clause 5, insert the following new Clause—
“Removal of unregistered status for approved kinship carers
Notwithstanding the provisions of the Care Planning, Placement and Case Review (England) Regulations 2010 (S.I. 2010/959) and the Children Act 1989, no placement of a child with a kinship carer that is approved by the Director of Children’s Services, shall be considered an unregistered placement.”

Type: Opposition

Signatures: 2

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Lord Hampton (XB - Excepted Hereditary)

Member's explanatory statement

This amendment would allow local authorities to place a child with a kinship carer without needing to meet the fostering placement standards, where it is judged by the local authority to be in the best interests of the child, as a registered placement, including for the purposes of Ofsted inspection.

Opposition Amendment 74

This amendment was NOT MOVED

After Clause 5, insert the following new Clause—
“Kinship carers: early permanence
In section 10(5B) of the Children Act 1989 (power of court to make section 8 orders), for “of at least one year immediately preceding the application” substitute “determined by the court”.”

Type: Opposition

Signatures: 2

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Lord Hampton (XB - Excepted Hereditary)

Member's explanatory statement

This amendment seeks to remove the requirement for kinship carers to have lived with the child for whom they are making a Section 8 order under the Children Act 1989 for at least one year.

Amendment 502T

NO DECISION has been made on this amendment

After Clause 62, insert the following new Clause—
“Duty on schools to support reintegration and rehabilitation for children post-custody
(1) Schools must collaborate with social services, mental health providers and youth justice services to embed post-custody reintegration planning for children with special education needs.
(2) The Secretary of State must publish an annual assessment of how effectively schools in England support the reintegration and rehabilitation of children post-custody.”

Type: Backbencher

Signatures: 1

Lord Carlile of Berriew (XB - Life peer)

Opposition Amendment 75

This amendment was NOT MOVED

After Clause 5, insert the following new Clause—
“Requirements for kinship care approval
Regulation 26 of the Fostering Services (England) Regulations 2011 (S.I. 2011/581) (assessment of prospective foster parents) does not apply to kinship carers.”

Type: Opposition

Signatures: 2

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Lord Hampton (XB - Excepted Hereditary)

Member's explanatory statement

This amendment seeks to remove the requirement for kinship carers who have been approved by the Director of Children’s Services, including after a family group decision-making process, to be reassessed by the fostering panel.

Amendment 502U

NO DECISION has been made on this amendment

After Clause 62, insert the following new clause—
“Inclusive education standards for teachers
(1) All teachers employed in state-funded special schools in England and Wales must possess Qualified Teacher Status (QTS) in addition to the Special Educational Needs Coordinators National Professional Qualification, unless—
(a) they are undergoing a recognised programme of initial teacher training leading to QTS, or
(b) they are under the direct supervision of a qualified teacher.
(2) The Secretary of State must ensure that all approved providers of initial teacher training include in their curriculum—
(a) mandatory training in inclusive education principles and practice,
(b) understanding of the barriers faced by Disabled pupils and those with special educational needs, and
(c) practical strategies for supporting diverse learners in mainstream and specialist settings.
(3) The Secretary of State must, within six months of the day on which this Act is passed, issue regulations made by statutory instrument requiring schools to ensure that all teaching staff participate in regular continuing professional development that includes—
(a) inclusive pedagogy,
(b) Universal Design for Learning, and
(c) working in multidisciplinary teams to support Disabled pupils.
(4) A statutory instrument containing regulations under subsection (3) is subject to annulment in pursuance of a resolution of either House of Parliament.
(5) All schools must ensure that Disabled pupils’ access to the curriculum and opportunities is not reliant on a single member of staff, including by—
(a) developing inclusive practice as a whole-school approach, and
(b) ensuring consistency in teaching quality and support across subjects and key stages.
(6) The Secretary of State must publish statutory guidance on the implementation of inclusive education training and qualification requirements under this section within 12 months of the day on which this Act is passed.
(7) In preparing the guidance, the Secretary of State must consult—
(a) the Children’s Commissioner for England,
(b) teaching unions,
(c) organisations led by Disabled people, and
(d) experts in inclusive and special education.”

Type: Backbencher

Signatures: 1

Baroness Grey-Thompson (XB - Life peer)

Opposition Amendment 76

This amendment was NOT MOVED

After Clause 5, insert the following new Clause—
“Kinship care report
(1) The Secretary of State must, within 12 months of day on which this Act is passed, carry out a full review assessing the effectiveness of the current pathways for approval of kinship carers.
(2) The Secretary of State must lay a report setting out the findings of the review before each House of Parliament.
(3) Following the publication of the report in subsection (1), the Secretary of State must introduce regulations for the approval of kinship carers.
(4) These regulations must seek to—
(a) improve the safety and wellbeing of children in kinship care,
(b) reduce barriers to becoming a kinship carer,
(c) establish the requirement for a kinship child protection plan which is monitored by the local authority for a minimum period and until the arrangements for the child are judged to be safe and the welfare of the child is being promoted, and
(d) reduce the burden for local authorities and the family courts.
(5) A statutory instrument containing regulations under this Act may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.”

Type: Opposition

Signatures: 2

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Lord Hampton (XB - Excepted Hereditary)

Member's explanatory statement

This amendment seeks to require the Secretary of State to review and update the approval requirements for kinship carers.

Amendment 502V

NO DECISION has been made on this amendment

After Clause 62, insert the following new Clause—
“Transparency and reporting of special educational needs and disabilities funding in state funded schools
(1) All state-funded schools in England, including maintained schools and academies, must submit to the Secretary of State an annual report detailing the allocation and expenditure of funds designated for supporting pupils with special educational needs and disabilities (SEND).
(2) Each school’s report must include—
(a) the total amount of—
(i) the notional SEND budget allocated to the school;
(ii) any additional high-needs (top-up) funding received via the local authority;
(iii) any funding received through the Early Years SEN Inclusion Fund or similar grants;
(b) a detailed breakdown of how SEND funding was allocated, including but not limited to the following categories—
(i) staffing costs specifically for SEND provision, including Special Educational Needs and Disabilities Coordinators, teaching assistants, therapists and any other relevant roles;
(ii) costs of external specialist services, including speech and language therapy, educational psychology and any other relevant services;
(iii) training and professional development related to SEND, inclusion, or disability equality;
(iv) assistive technology, specialist equipment, and adaptive learning materials;
(v) SEND-specific interventions or curriculum adaptations, including small-group and individual support;
(vi) expenses related to preparing and delivering provision under education, health and care plans (EHCPs);
(c) identification of funding spent on system-level or whole-school inclusive practice, such as—
(i) universal design for learning strategies;
(ii) inclusive classroom design or accessibility improvements;
(iii) engagement of families of children with SEND;
(d) a statement evaluating the outcomes of SEND funding, including—
(i) progress made by pupils with SEND, including those with EHCPs;
(ii) how funding contributed to meeting pupils’ individual needs and EHCP objectives;
(iii) any measurable improvements in attendance, engagement, or inclusion of pupils with SEND;
(e) any underspend or unallocated SEND funding and how the school plans to use it in the following academic year.
(3) The Secretary of State must issue statutory guidance outlining an annual deadline and the standardised format and content requirements for the SEND funding report to ensure consistency and comparability across schools.
(4) Schools must adhere to this guidance when preparing their annual SEND funding reports.
(5) School governing bodies are responsible for ensuring compliance with the requirements set out in this clause.
(6) Failure to comply with the publication requirements may result in appropriate remedial actions as determined by the Secretary of State.
(7) The Secretary of State must publish all schools’ reports received under this section within one month of receiving them.”

Type: Backbencher

Signatures: 1

Baroness Grey-Thompson (XB - Life peer)

Amendment 502W

NO DECISION has been made on this amendment

After Clause 62, insert the following new Clause—
“Cross-sector data collection and reporting
(1) The Secretary of State must establish a cross-sector data management system to track children through education, health and social care systems using a unique reference number.
(2) The Secretary of State must publish annual reports using data collected from the cross-sector management system under subsection (1) to assess how many children who are—
(a) excluded from school, and
(b) in social care settings,
have been diagnosed with special educational needs.
(3) Annual reports must include disaggregation by diagnosis and Education, Health and Care Plan (EHCP) status.”

Type: Backbencher

Signatures: 1

Lord Carlile of Berriew (XB - Life peer)

Opposition Amendment 76A

This amendment was NOT MOVED

After Clause 5, insert the following new Clause—
“Temporary care
In Regulation 24 of the Care Planning, Placement and Case Review (England) Regulations 2010 (temporary approval of relative, friend or other person connected with C), omit sub-section (2)(c) and the “and” before it.”

Type: Opposition

Signatures: 2

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Lord Hampton (XB - Excepted Hereditary)

Member's explanatory statement

This amendment seeks to remove the requirement for local authorities to undertake a full assessment of a temporary carer as if they were a foster carer, if they are to get temporary approval.

Amendment 77

This amendment was WITHDRAWN

Clause 6, page 11, line 4, leave out subsection (2)

Type: Backbencher

Signatures: 1

Lord Lucas (Con - Excepted Hereditary)

Member's explanatory statement

This amendment seeks to enable debate on the implications of adding “and others” before section 23ZZA of the Children Act 1989.

Amendment 502X

NO DECISION has been made on this amendment

After Clause 62, insert the following new Clause—
“Education about food growing and preparation
(1) The Secretary of State shall have a duty to promote school pupils’ knowledge of food growing and food preparation, with the aim of ensuring that each pupil spends an average of one hour per week as a minimum during term time in education on such topics.
(2) The Secretary of State must, within 12 months of the day on which this Act is passed, and every 12 months thereafter, lay before Parliament a report on progress on achieving this goal.”

Type: Backbencher

Signatures: 2

Baroness Bennett of Manor Castle (Green - Life peer)
Baroness Boycott (XB - Life peer)

Member's explanatory statement

This amendment aims to improve pupils’ exposure to and knowledge of food growing and preparation, with a view towards both improving public health and food security, particularly in times of crisis.

Amendment 502Y

NO DECISION has been made on this amendment

After Clause 62, insert the following new Clause—
“Benefits of nature-based learning to children’s wellbeing
(1) The Secretary of State must, within six months of the passing of this Act, conduct a review on the benefits of nature-based learning to children's health and wellbeing, including but not limited to—
(a) the desirability of bringing nature into schools through greening physical spaces and encouraging horticulture,
(b) the desirability of outdoor learning for developing skills, including those relevant to a nature-positive economy, and
(c) the barriers to nature-based learning, and potential policy solutions to overcome those barriers.
(2) A report on the review must be published within six months of the conclusion of the review.”

Type: Backbencher

Signatures: 3

Baroness Willis of Summertown (XB - Life peer)
Baroness Parminter (LD - Life peer)
Baroness Boycott (XB - Life peer)

Member's explanatory statement

This amendment would require government to review and report on the benefits of nature based learning to children’s health and wellbeing

Amendment 78

This amendment was NOT MOVED

Clause 6, page 11, line 9, at end insert “, and publish what steps it has taken.”

Type: Backbencher

Signatures: 1

Lord Lucas (Con - Excepted Hereditary)

Member's explanatory statement

This amendment seeks to make local authorities’ performance in relation to the education achievement of children in need or in kinship care more visible, so as to drive improvement, including for children placed in alternative provision.

Opposition Amendment 79

This amendment was NOT MOVED

Clause 6, page 11, line 15, at end insert—
“(c) all children who were previously looked-after and who are adopted.”

Type: Opposition

Signatures: 2

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Lord Bishop of Manchester (Bshp - Bishops)

Member's explanatory statement

This amendment seeks to extend the steps local authorities take to promote educational achievement to all previously looked-after children who are adopted.

Amendment 502YA

NO DECISION has been made on this amendment

After Clause 62, insert the following new Clause—
“Civil preparedness
Every school must demonstrate appropriate age-specific training for all children across the school for local individual or mass casualty emergencies.”

Type: Backbencher

Signatures: 1

Baroness Finlay of Llandaff (XB - Life peer)

Amendment 502YB

NO DECISION has been made on this amendment

After Clause 62, insert the following new Clause—
“Review of climate adaptation of schools
(1) Within 12 months of the day on which this Act is passed, and then biannually thereafter, the Secretary of State must publish a review of the level of preparedness of grant maintained schools, and other schools, for increasing extremes of climate, particularly high temperatures, taking into consideration—
(a) the preparedness of buildings and grounds;
(b) the suitability of uniform provision;
(c) the suitability of transport provision;
(d) the level of emergency planning to protect pupil health and wellbeing, including regulations or rules about maximum temperatures in classrooms;
(e) such other issues as may be considered relevant.
(2) In preparing such a report, the Secretary of State shall take advice from the Committee on Climate Change, the chief medical officer, and such other individuals as the Secretary of State considers appropriate.
(3) Within six months of the completion of the review, the Secretary of State must publish and lay before Parliament a report on the findings of the review and any recommendations for improvements.”

Type: Backbencher

Signatures: 1

Baroness Bennett of Manor Castle (Green - Life peer)

Opposition Amendment 80

This amendment was NOT MOVED

Clause 6, page 11, line 26, at end insert—
“(e) to improve career and employment opportunities for children within subsection (2).”

Type: Opposition

Signatures: 2

Baroness Stedman-Scott (Con - Life peer)

Opposition Whip (Lords)

Earl of Effingham (Con - Excepted Hereditary)

Opposition Whip (Lords)

Member's explanatory statement

This amendment seeks to include career and employment opportunities as a part of educational achievement.

Amendment 81

This amendment was NOT MOVED

Clause 6, page 11, line 32, at end insert—
“(7) The Secretary of State may by regulations specify how local authorities should report on the educational achievements of children in need or in kinship care.”

Type: Backbencher

Signatures: 1

Lord Lucas (Con - Excepted Hereditary)

Member's explanatory statement

Opposition Amendment 502YC

NO DECISION has been made on this amendment

After Clause 62, insert the following new Clause—
“Education Act 2002: exemptions related to school performance
In section 216 (commencement) of the Education Act 2002, after subsection (3), insert—
“(3A) The following provisions come into force on the day on which the Children’s Wellbeing and Schools Act 2025 is passed—
(a) section 6,
(b) section 7,
(c) section 8,
(d) section 9, and
(e) section 10.””

Type: Opposition

Signatures: 1

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Member's explanatory statement

This amendment seeks to commence Chapter 2 of Part 1 of the Education Act 2002 (Exemptions related to school performance), which would allow well-performing schools to be exempt from curriculum provision and pay and conditions provision.

Amendment 502YD

NO DECISION has been made on this amendment

After Clause 62, insert the following new Clause—
“Exemption from duty to follow National Curriculum
(1) The Education Act 2002 is amended as follows.
(2) In section 78 (general requirements in relation to curriculum), after subsection (1), insert—
“(1A) Any school which has an Ofsted rating of outstanding or any equivalent Ofsted rating is exempt from the requirements under this section.”
(3) In section 80 (basic curriculum for every maintained school in England), after subsection (2A), insert—
“(2B) Any school which has an Ofsted rating of outstanding or any equivalent Ofsted rating is exempt from the requirements under this section.””

Type: Backbencher

Signatures: 1

Lord Hampton (XB - Excepted Hereditary)

Amendment 82

This amendment was NOT MOVED

Clause 6, page 11, line 32, at end insert—
“(7) All children of secondary school age in kinship care must be offered a funded boarding school place in a state secondary school as near as practically possible to the address of the kinship carer.”

Type: Backbencher

Signatures: 2

Lord Agnew of Oulton (Con - Life peer)
Lord Farmer (Con - Life peer)

Member's explanatory statement

This amendment seek to encourage higher levels of participation in kinship caring through the provision of boarding places for children in kinship care.

Amendment 83

This amendment was NOT MOVED

Clause 6, page 12, line 5, at end insert—
“(5) Before commencement of subsections (1) to (3) of this section, the Secretary of State must undertake and publish a review of the role, remit and effectiveness of virtual school heads, including the allocation of resources for virtual schools to be able to carry out their duties under this section.
(6) Within six months of the completion of the review, the Secretary of State must publish and lay before Parliament a report on the findings and conclusions of the review.”

Type: Backbencher

Signatures: 1

Lord Bellingham (Con - Life peer)

Member's explanatory statement

This amendment would require the Secretary of State to carry out a review of the role and remit of the virtual school in regard to all cohorts under the virtual school umbrella, including the allocation of resources for virtual schools to be able to carry out their duties for each of these cohorts, and to report back to Parliament.

Opposition Amendment 502YE

NO DECISION has been made on this amendment

After Clause 62, insert the following new Clause—
“Guidance for schools on gender questioning children
(1) The Secretary of State must publish statutory guidance for schools on gender questioning children on the day on which this Act is passed.
(2) A relevant school must have regard to the guidance on gender questioning children published by the Secretary of State under this section.”

Type: Opposition

Signatures: 2

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Lord Sandhurst (Con - Excepted Hereditary)

Opposition Whip (Lords)

Member's explanatory statement

This amendment seeks to require the Department for Education to publish the guidance for schools on gender questioning children and schools must have regard for the guidance.

Amendment 502YF

NO DECISION has been made on this amendment

After Clause 62, insert the following new Clause—
“Permanent exclusion: assessment
After being informed that a pupil has been permanently excluded from a school or academy, the local authority must carry out an assessment under paragraph 3 (assessment of children’s needs) of Schedule 2 of the Children Act 1989.”

Type: Backbencher

Signatures: 3

Lord Nash (Con - Life peer)
Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Lord Bailey of Paddington (Con - Life peer)

Member's explanatory statement

This amendment seeks to require the local authority to undertake an assessment of the needs of the child if they are permanently excluded from school.

Amendment 84

This amendment was WITHDRAWN

Clause 7, page 12, line 8, after “support” insert “and staying put support”

Type: Backbencher

Signatures: 3

Lord Watson of Invergowrie (Lab - Life peer)
Baroness Bennett of Manor Castle (Green - Life peer)
Lord Russell of Liverpool (XB - Excepted Hereditary)

Opposition Amendment 85

This amendment was NOT MOVED

Clause 7, page 12, leave out lines 16 to 18 and insert—
“(2) The authority must assess what staying close support is required in the interests of the person’s welfare, having due regard to the person’s—
(a) wishes and preferences,
(b) accommodation requirements,
(c) emotional and practical support needs, and
(d) existing support network.”

Type: Opposition

Signatures: 1

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Member's explanatory statement

This amendment seeks to clarify the scope of the staying close scheme.

Amendment 502YG

NO DECISION has been made on this amendment

After Clause 62, insert the following new Clause—
“Allergy safety provisions in schools
(1) Within 12 months of the day on which this Act is passed, all schools in England must—
(a) adopt a school allergy and anaphylaxis policy,
(b) obtain individual healthcare and anaphylaxis action plans for all pupils with allergies,
(c) purchase and store in-date adrenaline auto-injectors on school property,
(d) provide training for school staff on allergy awareness and administrating adrenaline auto-injectors, and
(e) record any allergic reactions in the pupil’s individual healthcare and anaphylaxis action plan.
(2) The Secretary of State must provide guidance to schools on the implementation of subsection (1) within six months of the day on which this Bill is passed.”

Type: Backbencher

Signatures: 4

Baroness Morgan of Cotes (Non-affiliated - Life peer)
Baroness Helic (Con - Life peer)
Baroness Walmsley (LD - Life peer)
Lord Levy (Lab - Life peer)

Member's explanatory statement

This amendment seeks to introduce mandatory allergy safety policies for all schools in England.

Amendment 502YH

NO DECISION has been made on this amendment

After Clause 62, insert the following new Clause—
“Statutory standards of filtering and monitoring systems deployed in schools
(1) The Secretary of State must by regulations made by statutory instrument specify minimum standards for filtering and monitoring technologies used to safeguard children in schools.
(2) A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
(3) These regulations apply to any filtering and monitoring systems procured by or deployed in schools.
(4) The standards in subsection (1) must—
(a) meet the standards of the Department for Education’s Keeping children safe in education statutory guidance;
(b) meet the standards of the Department for Education’s Meeting digital and technology standards in schools guidance, including its filtering and monitoring standards for schools and colleges;
(c) meet the standards of the Department for Education’s Generative AI: product safety expectations;
(d) prevent filtering and monitoring systems’ barriers to accessing illegal content from being switched off.
(5) Filtering and monitoring standards set out in subsection (4) must be certified by an accreditation scheme sanctioned by the Department for Education.
(6) Certification must be dependent on the completion of a real-time test each term, delivered remotely or in person, to ensure compliance with the requirements of subsection (4).
(7) When inspecting a school, the Secretary of State must require OFSTED to ensure that—
(a) schools have a certified filtering and monitoring system;
(b) real-time tests, set out in subsection (6), are conducted and recorded;
(c) incidents or breaches are recorded.
(8) In this section, “school” means an entity that provides education to children in the United Kingdom including early years providers, nursery schools, primary schools, secondary schools, sixth form colleges, city technology colleges, academies, free schools, faith schools, special schools, state boarding schools, and private schools.”

Type: Backbencher

Signatures: 2

Baroness Kidron (XB - Life peer)
Lord Russell of Liverpool (XB - Excepted Hereditary)

Amendment 86

This amendment was NOT MOVED

Clause 7, page 12, line 17, after “support” insert “or staying put support”

Type: Backbencher

Signatures: 3

Lord Watson of Invergowrie (Lab - Life peer)
Baroness Bennett of Manor Castle (Green - Life peer)
Lord Russell of Liverpool (XB - Excepted Hereditary)

Amendment 87

This amendment was NOT MOVED

Clause 7, page 12, line 20, after “support” insert “or staying put support”

Type: Backbencher

Signatures: 3

Lord Watson of Invergowrie (Lab - Life peer)
Baroness Bennett of Manor Castle (Green - Life peer)
Lord Russell of Liverpool (XB - Excepted Hereditary)

Amendment 502YI

NO DECISION has been made on this amendment

After Clause 62, insert the following new Clause—
“Code of practice on Children’s Data and Education
(1) The Information Commissioner’s office must prepare a code of practice which contains such guidance as the Commissioner considers appropriate on the processing of data in connection with the provision of education to children.
(2) Guidance under subsection (1) must include consideration of—
(a) all aspects of the provision of education including learning, school management and safeguarding;
(b) all types of schools and learning settings;
(c) the need for transparency and evidence of efficacy on the use of artificial intelligence (AI) systems in the provision of education;
(d) the collection of data for the purpose of training AI systems used in schools, including the collection of data by the Department for Education during trials of AI systems,
(e) the impact of profiling and automated decision-making on children’s access to education opportunities;
(f) the principle that children have a right to know what data about them is being generated, collected, processed, stored and shared;
(g) the principle that those with parental responsibility have a right to know how their children's data is being generated, collected, processed, stored and shared;
(h) the safety and security of children’s data;
(i) the need to ensure children's access to and use of counselling services and the exchange of information for safeguarding purposes are not restricted.
(3) In preparing a code or amendments under this section, the Commissioner must have regard to—
(a) the fact that children are entitled to a higher standard of protection than adults with regard to their personal data as set out in the United Kingdom GDPR, and the ICO’s Age Appropriate Design code;
(b) the need to prioritise children's best interests and to uphold their rights under UN Convention on the Rights of the Child and General Comment 25;
(c) the fact that children may require different protections at different ages and stages of development;
(d) the need to support innovation to enhance United Kingdom children’s education and learning opportunities, including facilitating testing of novel products and supporting the certification and the development of standards;
(e) ensuring the benefits from product and service developed using United Kingdom children’s data accrue to the United Kingdom.
(4) In preparing a code or amendments under this section, the Commissioner must consult with—
(a) children,
(b) educators,
(c) parents,
(d) persons who appear to the Commissioner to represent the interests of children,
(e) the AI Safety Institute, and
(f) the relevant Education department for each nation of the United Kingdom.
(5) The Code applies to data processors and controllers that—
(a) are providing education in school or other learning settings;
(b) provide services or products in connection with the provision of education;
(c) collect children's data whilst they are learning;
(d) use education data, education data sets or pupil data to develop services and products;
(e) build, train or operate AI systems and models that impact children’s learning experience or outcomes;
(f) are public authorities that process education data, education data sets or pupil data.
(6) The Commissioner must prepare a report, in consultation with the EdTech industry and other stakeholders set out in subsection (4), on the steps required to develop a certification scheme under Article 42 of the United Kingdom GDPR, to enable the industry to demonstrate the compliance of EdTech services and products with the United Kingdom GDPR, and conformity with this Code.
(7) Where requested by an education service, evidence of compliance with this Code must be provided by relevant providers of commercial products and services in a manner that satisfies the education service’s obligations under the Code.
(8) In this section—
“AI” means technology enabling the programming or training of a device or software to perceive environments through the use of data, interpret data using automated processing designed to approximate cognitive abilities, and make recommendations, predictions or decisions; and includes generative AI, meaning deep or large language models able to generate text and other content based on the data on which they were trained,
“EdTech” means a service or product that digitise education functions including administration and management information systems, learning and assessment and safeguarding, including services or products used within school settings and at home on the recommendation, advice or instruction of a school,
“education data” means personal data that forms part of an educational record,
“education data sets” means anonymised or pseudonymised data sets that include Education Data or Pupil Data,
“efficacy” means that the promised learning outcomes can be evidenced,
“learning setting” means a place where children learn including schools, their home and extra-curricular learning services, for example online and in-person tutors,
“pupil data” means personal data about a child collected whilst they are learning which does not form part of an educational record, and
“safety and security” means that it has been adequately tested.”

Type: Backbencher

Signatures: 2

Baroness Kidron (XB - Life peer)
Lord Russell of Liverpool (XB - Excepted Hereditary)

Amendment 502YK

NO DECISION has been made on this amendment

After Clause 62, insert the following new Clause—
“Prevention of the transmission of respiratory and other diseases
(1) The Secretary of State shall have a duty to ensure that the levels of ventilation and where necessary filtration of air within classrooms and other school buildings are at the best possible levels for the reduction of the transmission of respiratory diseases, and that other appropriate measures are in place to reduce the transmission of all diseases.
(2) The Secretary of State must, within 12 months of the day on which this Act is passed, and every 12 months thereafter, lay before Parliament a report on progress on achieving this goal.”

Type: Backbencher

Signatures: 1

Baroness Bennett of Manor Castle (Green - Life peer)

Member's explanatory statement

This amendment seeks to ensure that schools provide the safest and most resilient environment possible against the spread of infectious diseases.

Amendment 88

This amendment was NOT MOVED

Clause 7, page 12, line 21, after “support” insert “or staying put support”

Type: Backbencher

Signatures: 3

Lord Watson of Invergowrie (Lab - Life peer)
Baroness Bennett of Manor Castle (Green - Life peer)
Lord Russell of Liverpool (XB - Excepted Hereditary)

Opposition Amendment 89

This amendment was NOT MOVED

Clause 7, page 12, line 23, at end insert—
“(3A) Where staying close support is provided, it must be provided with due regard to the wishes of the relevant person and a record must be kept of that person’s wishes.”

Type: Opposition

Signatures: 1

Earl of Effingham (Con - Excepted Hereditary)

Opposition Whip (Lords)

Member's explanatory statement

This amendment seeks to require local authorities to take account of the wishes of the relevant young person when providing staying close support and keep a record of those wishes.

Amendment 502YL

NO DECISION has been made on this amendment

After Clause 62, insert the following new Clause—
“Education for voting
(1) The Secretary of State shall have a duty to promote school pupils’ knowledge of the electoral system at all levels of government and the process of voting within it, such that by the age of 16 all pupils have had contact with and practical experience of all the processes involved in an election, including schools facilitating mock elections giving all students opportunities to experience standing for election, campaigning and voting.
(2) The Secretary of State must, within 12 months of the day on which this Act is passed, and every 24 months thereafter, lay before Parliament a report on progress on achieving this duty.”

Type: Backbencher

Signatures: 1

Baroness Bennett of Manor Castle (Green - Life peer)

Member's explanatory statement

In the light of the Government’s intention of lowering the age of voting to 16 in General Elections, this amendment seeks to probe what practical steps the Government is taking to ensure full preparation for the change within schools.

Amendment 502YM

NO DECISION has been made on this amendment

After Clause 62, insert the following new Clause—
“School complaints procedure
(1) Within 12 months of the day on which this Act is passed, the Secretary of State must establish a central complaints handling system for use by—
(a) the Department for Education,
(b) His Majesty’s Chief Inspector of Schools (“Ofsted”),
(c) the Teacher Regulation Agency, and
(d) schools in England.
(2) The system must review the complaint and direct it to the most appropriate person or body.
(3) The system must enable complaints to be submitted via the GOV.UK website.
(4) Complaints submitted under the system must be stored in a single database, to which the Department for Education and Ofsted must have access.”

Type: Backbencher

Signatures: 2

Baroness Spielman (Con - Life peer)
Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Member's explanatory statement

This amendment seeks to establish a central complaints system for the education system in England, to avoid the duplication of complaints to multiple organisations.

Opposition Amendment

This amendment was WITHDRAWN BEFORE DEBATE

[Withdrawn]
Clause 7, page 12, line 23, at end insert—
“(3A) Where staying close support is provided, it must be provided with due regard to the wishes of the relevant person and a record must be kept of that person’s wishes.”

Type: Opposition

Signatures: 1

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Member's explanatory statement

This amendment would require local authorities to take account of the wishes of the relevant young person when providing staying close support, and keep a record of those wishes.

Amendment 90

This amendment was NOT MOVED

Clause 7, page 12, line 24, after first “support” insert “and staying put support”

Type: Backbencher

Signatures: 3

Lord Watson of Invergowrie (Lab - Life peer)
Baroness Bennett of Manor Castle (Green - Life peer)
Lord Russell of Liverpool (XB - Excepted Hereditary)

Amendment 502YN

NO DECISION has been made on this amendment

After Clause 62, insert the following new Clause—
“Annual review of burdens and sunset of ineffective measures
(1) The Secretary of State must, within 12 months of the day on which this Act is passed and annually thereafter, conduct a review of the operation of all measures introduced by this Act to determine whether they—
(a) achieve their stated purpose, and
(b) impose unnecessary or disproportionate bureaucratic burdens on local authorities, parents, schools, or the Department.
(2) Where a review under subsection (1) finds that any measure does not achieve its stated purpose, or imposes unnecessary burdens disproportionate to its benefits, the Secretary of State must—
(a) by regulations made by statutory instrument repeal that measure, or
(b) provide exemptions, modifications, or other adjustments to reduce the burden, consistent with the principle of value for money.
(3) Any measure introduced by this Act which has failed the tests under subsection (1) and which has not been rectified by regulations under subsection (2) shall automatically cease to have effect two years after the date of the review in which it was identified.
(4) A report on each review under subsection (1) must be laid before both Houses of Parliament, setting out—
(a) the evidence relied upon,
(b) the costs and benefits assessed, and
(c) the steps taken under subsection (2).
(5) A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.”

Type: Backbencher

Signatures: 1

Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment establishes an annual review of all measures in the Act to ensure they achieve their purpose without imposing unnecessary bureaucratic burdens. Measures found ineffective or disproportionately burdensome must be repealed or amended, with a sunset clause ensuring that no such measure can persist beyond two years without correction.

Amendment 502YP

NO DECISION has been made on this amendment

After Clause 62, insert the following new Clause—
“Substantive fairness in ministerial action
(1) In exercising any function under this Act, whether by issuing guidance or by reviewing parental appeals, the Secretary of State must act in a manner that is substantively fair, proportionate, and consistent with the best educational interests of the child.
(2) To be compliant with subsection (1) it is not sufficient for the Secretary of State to frame guidance or decisions in terms which appear compatible with the Human Rights Act 1998 or the European Convention on Human Rights where the effect in practice is to impose unfair, excessive, or coercive obligations on parents.
(3) In any challenge brought before a court, the court must have regard to the actual operation and impact of the guidance or decision on parents and children, and not merely to its formal wording or stated purpose.
(4) Guidance issued under this Act must—
(a) not extend beyond what is necessary to secure lawful compliance by local authorities and schools, and
(b) avoid creating undue burdens on parents.
(5) Nothing in this section prevents the Secretary of State from issuing guidance designed to protect children from significant harm, provided such guidance is necessary, proportionate, and capable of practical implementation without undermining parental rights.”

Type: Backbencher

Signatures: 1

Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment prevents the Secretary of State from relying on superficial or merely formal compliance with human rights standards to shield their actions from judicial review. It ensures that courts may assess the real-world impact of guidance and appeal decisions, thereby protecting parents and children from unfair or coercive state interference.

Amendment 91

This amendment was NOT MOVED

Clause 7, page 12, line 32, at end insert—
“(4A) “Staying put” has the meaning given by section 23CZA(2) of the Children Act 1989 (arrangements for certain former relevant children to continue to live with former foster parents).”

Type: Backbencher

Signatures: 3

Lord Watson of Invergowrie (Lab - Life peer)
Baroness Bennett of Manor Castle (Green - Life peer)
Lord Russell of Liverpool (XB - Excepted Hereditary)

Member's explanatory statement

This amendment, together with others to this Clause in the name of Lord Watson of Invergowrie, would include staying put support in the support provided by local authorities under this section and extend the provision of ‘staying put’ for young people to the age of 25.

Opposition Amendment 92

This amendment was NOT MOVED

Clause 7, page 12, line 38, at end insert—
“(c) any other support the local authority deems appropriate.”

Type: Opposition

Signatures: 1

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Member's explanatory statement

This amendment would allow the local authority to use its discretion to offer additional support to a care leaver under the age of 25.

Amendment 502YQ

NO DECISION has been made on this amendment

After Clause 62, insert the following new Clause—
“Restriction on collection of data relating to children in education
(1) Public authorities, schools, or any state body may only collect, retain, or process personal data relating to a child in an educational setting where such collection is strictly necessary to protect the child from significant harm as defined by section 31 of the Children Act 1989 (care and supervision).
(2) Data collected under subsection (1) must not exceed what is proportionate and essential to the specific risk of harm identified.
(3) No personal data may be collected for the purposes of profiling, monitoring, or assessing a child beyond what is necessary for safeguarding under subsection (1).
(4) The Secretary of State must, within six months of the day on which this Act is passed, publish guidance setting out the limits of permissible data collection in accordance with this section.”

Type: Backbencher

Signatures: 1

Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment seeks to prevent the excessive collection of children’s data in educational settings by limiting state powers of collection to circumstances strictly necessary for protecting a child from harm, as defined by the statutory threshold in the Children Act 1989.

Amendment 502YR

NO DECISION has been made on this amendment

After Clause 62, insert the following new Clause—
“Use of powers in the Act
(1) From the day six months after the day on which this Act is passed the Secretary of State must ensure that the measure in subsection (2) is ready to be enforced at any time.
(2) In the event of a national emergency or authoritarian governance, the courts have the final authority to safeguard the primacy of parental rights to determine their child's education in their best interests.
(3) Authoritarian governance means a situation where emergency regulations or executive actions suspend, limit, or derogate from rights protected under the Human Rights Act 1998 or the European Convention on Human Rights.”

Type: Backbencher

Signatures: 1

Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment seeks to protect the legal rights of parents to determine their child's education in exceptional national circumstances by placing judicial oversight above executive restrictions.

Opposition Amendment 93

This amendment was NOT MOVED

Clause 7, page 12, line 38, at end insert—
“(5A) A person specified in subsection (1) can refuse the offer of staying close support.”

Type: Opposition

Signatures: 1

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Member's explanatory statement

This amendment would allow care leavers to opt out of Staying Close support.

Amendment 94

This amendment was NOT MOVED

Clause 7, page 12, line 40, at end insert—
“(7) A local authority must publish an annual summary of actions taken under this section.”

Type: Backbencher

Signatures: 1

Lord Lucas (Con - Excepted Hereditary)

Member's explanatory statement

This amendment seeks to make local authorities’ performance in relation to “staying close support” more visible, so as to drive improvement.

Opposition Amendment 502YS

NO DECISION has been made on this amendment

After Clause 62, insert the following new Clause—
“Right to opt out from device-based homework
(1) Before the beginning of the 2026/27 academic year, the Secretary of State must, by regulations made by statutory instrument, confer a right for parents to elect, by giving notice in writing to a school, for their child to receive, complete and submit homework tasks otherwise than by means of a computer or a personal electronic device.
(2) Any regulations made under subsection (1)—
(a) must apply to all schools in England;
(b) may provide for parents to withdraw any notice previously given to a school, provided they give reasonable warning;
(c) may provide for schools temporarily to disregard any such notice in relation to certain or all subjects—
(i) by agreement with the parents,
(ii) if the headteacher reasonably considers in relation to a particular pupil that it is necessary to do so to accommodate the medical or educational needs of that pupil and provided that the school has first consulted with the parents, or
(iii) in exceptional circumstances if the headteacher reasonably considers that it is necessary to do so to maintain continuity of educational provision for particular pupils or for all pupils attending the school.
(3) A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
(4) For the purposes of this section “parent”, “pupil” and “school” have the meanings given in the Education Act 1996 (see sections 3, 4 and 576 of that Act).”

Type: Opposition

Signatures: 1

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Member's explanatory statement

This amendment establishes a right for parents to ensure their child is able to complete homework without the use of a computer or personal device.

Opposition Amendment 502YT

NO DECISION has been made on this amendment

After Clause 62, insert the following new Clause—
“Device-based examinations: secondary education examinations
(1) Before the beginning of the 2026/27 academic year the Secretary of State must, by regulations made by statutory instrument, require examination boards to ensure that all secondary education examinations are completed by pupils by hand, and not by means of a computer or a personal electronic device.
(2) Any regulations made under subsection (1) may provide for exceptions—
(a) in relation to the examination of subjects for which computer or device use proficiency is a core element of the subject, such as computing and music technology, or
(b) where completing an exam by means of a computer or a personal electronic device—
(i) is more appropriate for a pupil with special educational needs or disabilities, or
(ii) is required by a pupil’s education, health and care plan.
(3) A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament
(4) For the purposes of this section “pupil” has the meaning given by the section 3 of the Education Act 1996 (definition of pupil etc).”

Type: Opposition

Signatures: 2

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Lord Nash (Con - Life peer)

Member's explanatory statement

This amendment seeks to ensure that secondary education examinations are completed by hand and without pupils needing to use a computer or a personal electronic device, subject to relevant subject or SEND exceptions.

Amendment 95

This amendment was WITHDRAWN

Clause 8, page 13, line 7, at end insert—
“(2A) In subsection (2), after paragraph (f) insert—
“(g) financial literacy and financial support.””

Type: Backbencher

Signatures: 3

Baroness Tyler of Enfield (LD - Life peer)
Baroness Bennett of Manor Castle (Green - Life peer)
Lord Storey (LD - Life peer)

Liberal Democrat Lords Spokesperson (Education)

Member's explanatory statement

This amendment would introduce a requirement on local authorities to publish information about the services they provide to support care leavers to develop financial literacy and to better understand their financial entitlements as part of their Local Offer for Care Leavers.

Opposition Amendment 96

This amendment was NOT MOVED

Clause 8, page 13, line 25, at end insert—
“(e) setting out the transition arrangements for health and primary care for care leavers.”

Type: Opposition

Signatures: 1

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Member's explanatory statement

This amendment seeks to include robust transition arrangements for health and into primary care for care leavers.

Opposition Amendment 502YU

NO DECISION has been made on this amendment

After Clause 62, insert the following new Clause—
“Device-based examinations: reception baseline assessments
(1) Before the beginning of the 2026/27 academic year, the Secretary of State must, by regulations made by statutory instrument, require that reception baseline assessments are completed by pupils otherwise than by means of a computer or a personal electronic device.
(2) Any regulations made under subsection (1) may provide for exceptions for pupils with special educational needs or disabilities.
(3) A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
(4) For the purposes of this section “pupil” has the meaning given by the section 3 of the Education Act 1996 (definition of pupil etc).”

Type: Opposition

Signatures: 2

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Lord Nash (Con - Life peer)

Member's explanatory statement

This amendment would ensure that the reception baseline assessment is completed without pupils needing to be able to use a computer or a personal electronic device, unless relevant SEND exceptions apply.

Opposition Amendment 502YV

NO DECISION has been made on this amendment

After Clause 62, insert the following new Clause—
“Behaviour improvement: presumption against reinstatement for children who engage in extremely serious behaviour
(1) The School Discipline (Pupil Exclusions and Reviews) (England) Regulations 2012 (S.I. 2012/1033) are amended as follows.
(2) In regulation 6, after paragraph (3) insert—
“(3A) For any pupil engaged in any of the circumstances set out in sub-paragraphs (a) to (c), the presumption should be that the governing body must not reinstate the pupil unless a risk assessment has been carried out which demonstrates that the students does not present a heightened risk factor to other students and staff—
(a) where a pupil’s possession of a knife or other offensive weapon was a factor in the decision to exclude the child;
(b) where the pupil’s behaviour which led to their being excluded included sexual assault;
(c) where the pupil’s behaviour which led to their being excluded included assault against a teacher.
(3B) Any risk assessment required under paragraph (3A) must demonstrate how this risk has been eliminated or negated.
(3C) Where a pupil has not been reinstated as a result of conditions under paragraph (3A), the pupil must be relocated to an environment that is more suitable to their challenging behaviour, such as a People Referral Unit or Alternative Provision or similar.””

Type: Opposition

Signatures: 1

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Member's explanatory statement

This amendment seeks to probe the Government’s willingness to introduce a presumption against the reinstatement of a child who has been excluded for possession of a knife or other offensive weapon, sexual assault, or assault against a teacher. It would instead mean that the pupil must be relocated to an environment that is more suitable to challenging behaviour.

Amendment 97

This amendment was NOT MOVED

Clause 8, page 13, line 25, at end insert—
“(e) enabling care leavers to maintain, strengthen and build family and social relationships.”

Type: Backbencher

Signatures: 1

Lord Farmer (Con - Life peer)

Amendment 98

This amendment was NOT MOVED

Clause 8, page 13, line 29, at end insert—
“(2C) A local authority must publish an annual summary of actions taken under this section.”

Type: Backbencher

Signatures: 1

Lord Lucas (Con - Excepted Hereditary)

Member's explanatory statement

This amendment seeks to make local authorities’ performance in relation to local offers for care leavers more visible, so as to drive improvement.

Opposition Amendment 502YW

NO DECISION has been made on this amendment

After Clause 62, insert the following new Clause—
“Behaviour improvement: presumption against reinstatement in a mainstream school for children who have been permanently excluded on two occasions
(1) The School Discipline (Pupil Exclusions and Reviews) (England) Regulations 2012 (2012/1033) are amended as follows.
(2) In regulation 6, after paragraph (3) insert—
“(3A) Where a pupil has been permanently excluded on two occasions, the presumption should be the governing body, of any mainstream school, must not reinstate the pupil unless a risk assessment has been carried out which demonstrates that the students does not present a heightened risk factor to other students and staff, in which case the school must be able to demonstrate how this risk has been eliminated or negated.
(3B) Where a pupil has not been reinstated as a result of conditions under paragraph (3A), the pupil must be relocated to an environment that is more suitable to their challenging behaviour, such as a People Referral Unit or Alternative Provision or similar.””

Type: Opposition

Signatures: 1

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Member's explanatory statement

This amendment seeks to probe the Government’s willingness to introduce a presumption against the reinstatement of a child who has been permanently excluded on two occasions from any mainstream school from being moved to another mainstream school and relocated to an environment that is more suitable to their challenging behaviour, such as a Pupil Referral Unit or Alternative Provision or similar.

Opposition Amendment 502YX

NO DECISION has been made on this amendment

After Clause 62, insert the following new Clause—
“Report: impact of behaviour of school children on teacher recruitment and retention
(1) The Secretary of State must, within 12 months of the day on which this Act is passed, publish a report on the impact of the behaviour of school children on teacher recruitment and retention.
(2) In producing the report under subsection (1), the Secretary of State must consult—
(a) local authorities,
(b) parents,
(c) school governing bodies,
(d) teachers,
(e) The Office for Standards in Education, and
(f) any other persons the Secretary of State deems appropriate.”

Type: Opposition

Signatures: 1

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Member's explanatory statement

This amendment seeks to require the Department for Education to undertake and publish a report on the impact of behaviour of school children on teacher recruitment and retention.

Amendment 99

This amendment was NOT MOVED

After Clause 8, insert the following new Clause—
“National offer for care leavers
After section 2 of the Children and Social Work Act 2017 insert—
“2A National offer for care leavers
(1) The Secretary of State must publish information about services which care leavers in all areas of England should be able to access to assist them in adulthood and independent living or in preparing for adulthood and independent living.
(2) For the purposes of subsection (1), services which may assist care leavers in adulthood and independent living or in preparing for adulthood and independent living include services relating to—
(a) health and well-being;
(b) relationships;
(c) education and training;
(d) employment;
(e) accommodation;
(f) participation in society.
(3) Information published by the Secretary of State under this section is to be known as the “National Offer for Care Leavers”.
(4) The Secretary of State must update the National Offer for Care Leavers from time to time.
(5) Before publishing or updating the National Offer for Care Leavers the Secretary of State must consult with relevant persons about which services may assist care leavers in adulthood and independent living or in preparing for adulthood and independent living.
(6) In this section—
“care leavers” means—
(a) eligible children within the meaning given by paragraph 19B of Schedule 2 to the Children Act 1989;
(b) relevant children within the meaning given by section 23A(2) of that Act;
(c) persons aged under 25 who are former relevant children within the meaning given by section 23C(1) of that Act;
(d) persons qualifying for advice and assistance within the meaning given by section 24 of that Act;
“relevant persons” means—
(a) such care leavers as appear to the Secretary of State to be representative of care leavers in England;
(b) other Ministers of State who have a role in arranging services that may assist care leavers in or preparing for independent living.””

Type: Backbencher

Signatures: 4

Baroness Bennett of Manor Castle (Green - Life peer)
Lord Russell of Liverpool (XB - Excepted Hereditary)
Lord Farmer (Con - Life peer)
Baroness Benjamin (LD - Life peer)

Member's explanatory statement

This new clause would introduce a new requirement on the Secretary of State for Education to publish a national offer detailing what support care leavers are entitled to claim by expanding the provisions in the Children and Social Work Act 2017 which require local authorities to produce a “Local offer”.

Amendment 100

This amendment was NOT MOVED

After Clause 9, insert the following new Clause—
“Extension of priority need status to under 25s
(1) The Homelessness (Priority Need for Accommodation) (England) Order 2002 (S.I. 2022/2051) is amended as follows.
(2) In article (4), paragraph (1)(a), for “twenty-one” substitute “twenty-five”.
(3) In article (5), omit paragraph (1).”

Type: Backbencher

Signatures: 2

Lord Young of Cookham (Con - Life peer)
Baroness Benjamin (LD - Life peer)

Opposition Amendment 502YY

NO DECISION has been made on this amendment

After Clause 62, insert the following new Clause—
“Report: impact of behaviour of school children on educational outcomes
(1) The Secretary of State must, within 12 months of the day on which this Act is passed, publish a report on the impact of the behaviour of school children on educational outcomes for their fellow schoolchildren.
(2) In producing the report under subsection (1), the Secretary of State must consult—
(a) local authorities,
(b) parents,
(c) school governing bodies,
(d) teachers,
(e) academy trusts,
(f) The Office for Standards in Education, and
(g) any other persons the Secretary of State deems appropriate.”

Type: Opposition

Signatures: 1

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Member's explanatory statement

This amendment seeks to require the Department for Education to undertake and publish a report on the impact of behaviour of school children on educational outcomes.

Opposition Amendment 502YYA

NO DECISION has been made on this amendment

After Clause 62, insert the following new Clause—
“Right to exclude under section 51A of the Education Act 2002
(1) The Secretary of State has a duty to ensure that agreements or schemes to create local “no exclusion” areas do not infringe on headteachers’ right to exclude pupils in England under section 51A of the Education Act 2002 (Exclusion of pupils: England).
(2) The Secretary of State must publish a review to assess—
(a) whether headteachers’ right to exclude under section 51A of the Education Act 2002 is being upheld, and
(b) whether headteachers are subject to undue pressure to sign up to “no exclusion” agreements or schemes.
(3) In preparing the review under subsection (2), the Secretary of State must consult such persons they consider appropriate.”

Type: Opposition

Signatures: 1

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Amendment 101

This amendment was WITHDRAWN

After Clause 9, insert the following new Clause—
“Promoting relationships for looked after children
In section 22(3A) of the Children Act 1989, at end insert “and a duty to promote the child’s family and social relationships in ways which are consistent with the child’s welfare.””

Type: Backbencher

Signatures: 3

Baroness Tyler of Enfield (LD - Life peer)
Lord Storey (LD - Life peer)

Liberal Democrat Lords Spokesperson (Education)

Lord Farmer (Con - Life peer)

Amendment 102

This amendment was NOT MOVED

After Clause 9, insert the following new Clause—
“Sibling contact for looked after children
(1) In section 34(1) of the Children Act 1989, after paragraph (d) insert—
“(e) their siblings (whether of the whole or half blood).”
(2) In paragraph 15(1) of Schedule 2 to the Children Act 1989, after paragraph (c) insert—
“(d) their siblings (whether of the whole or half blood).””

Type: Backbencher

Signatures: 2

Baroness Tyler of Enfield (LD - Life peer)
Lord Storey (LD - Life peer)

Liberal Democrat Lords Spokesperson (Education)

Member's explanatory statement

This amendment would place the same emphasis on promoting looked after children’s relationships with their siblings, as already exists with parents.

Government Amendment 503

NO DECISION has been made on this amendment

Clause 65, page 123, line 33, at end insert—
“(b) section (Employment of children in Scotland) extends to Scotland only.”

Type: Government

Signatures: 1

Baroness Smith of Malvern (Lab - Life peer)

Minister of State (Department for Work and Pensions)

Member's explanatory statement

This amendment provides for the clause inserted after clause 26 (by my amendment) to extend to Scotland.

Opposition Amendment 103

This amendment was NOT MOVED

After Clause 9, insert the following new Clause—
“Extension of pupil premium to children subject to a kinship care arrangement
(1) The Secretary of State must, for the financial year beginning 1 April 2026 and for each year thereafter, provide that an amount is payable from the pupil premium grant to schools and local authorities in respect of each registered pupil in England who is who is a child living in kinship care.
(2) The amount payable under subsection (1) must be equal to the amount that is payable for a pupil who is a looked after child.
(3) In this section—
“a child living in kinship care” is to be interpreted in the same manner as given in section 22I of the Children Act 1989, as inserted by section 5 of this Act;
“looked after child” has the same meaning as in the Children Act 1989;
“pupil premium grant” means the grant of that name paid to a school or a local authority by the Secretary of State under section 14 of the Education Act 2002 (power of Secretary of State and Senedd Cymru to give financial assistance for purposes related to education or children etc).”

Type: Opposition

Signatures: 1

Lord Storey (LD - Life peer)

Liberal Democrat Lords Spokesperson (Education)

Member's explanatory statement

This amendment would extend the pupil premium to children subject to a kinship care arrangement.

Amendment 504

NO DECISION has been made on this amendment

Clause 66, page 124, line 4, at end insert, “, but no part of Sections 30 to 35 and Schedule 2 may be commenced earlier than the day on which the National Cyber Security Centre (or an equivalent body designated by the Secretary of State) certifies that the arrangements for the security of the register of children not in school are in line with best practice and that testing of its systems is complete.”

Type: Backbencher

Signatures: 1

Lord Lucas (Con - Excepted Hereditary)

Opposition Amendment 104

This amendment was NOT MOVED

After Clause 9, insert the following new Clause—
“Kinship care allowance
(1) A person is entitled to a kinship care allowance for any week in which that person is engaged as a kinship carer in England.
(2) For the purposes of this section, a “kinship carer” has the meaning given in section 22I of the Children Act 1989, as inserted by section 5 of this Act.
(3) A person is not entitled to an allowance under this section unless that person satisfies conditions prescribed in regulations made by the Secretary of State.
(4) A person may claim an allowance under this section in respect of more than one child.
(5) Where two or more persons would be entitled for the same week to such an allowance in respect of the same child, only one allowance may be claimed on the behalf of—
(a) the person jointly elected by those two for that purpose, or
(b) in default of such an election, the person determined by, and at the discretion of, the Secretary of State.
(6) Regulations may prescribe the circumstances in which a person is or is not to be treated for the purposes of this section as engaged, or regularly and substantially engaged, in caring for a child under an eligible kinship care arrangement.
(7) An allowance under this section is payable at the weekly rate specified by the Secretary of State in regulations.
(8) Regulations under subsection (7) may specify—
(a) different weekly rates for different ages of children being cared for, or
(b) different weekly rates for different regions of England.
(9) Regulations under subsection (7) must specify a weekly rate that is no lower than the minimum weekly allowance for foster carers published by the Secretary of State pursuant to section 23 of the Care Standards Act 2000.
(10) A statutory instrument containing regulations underthis section may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.”

Type: Opposition

Signatures: 1

Lord Storey (LD - Life peer)

Liberal Democrat Lords Spokesperson (Education)

Member's explanatory statement

This amendment would mean a person is entitled to a kinship care allowance for any week in which that person is engaged as a kinship carer in England.

Opposition Amendment 504A

NO DECISION has been made on this amendment

Clause 66, page 124, line 4, at end insert “, subject to subsection (2A)”

Type: Opposition

Signatures: 1

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Opposition Amendment 504B

NO DECISION has been made on this amendment

Clause 66, page 124, line 4, at end insert—
“(aa) section (Guidance for schools on gender questioning children);”

Type: Opposition

Signatures: 1

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Member's explanatory statement

This amendment ensures another amendment in the name of Baroness Barran would take effect on the day the Act is passed.

Amendment 105

This amendment was WITHDRAWN

After Clause 9, insert the following new Clause—
“Register of foster carers
(1) The Secretary of State must introduce a register of local authority foster parents and independent foster parents who are—
(a) currently fostering children, or
(b) available to foster children.
(2) For the purposes of subsection (1), “local authority foster parent” is defined in accordance with section 105 of the Children Act 1989.”

Type: Backbencher

Signatures: 2

Lord Watson of Invergowrie (Lab - Life peer)
Lord Russell of Liverpool (XB - Excepted Hereditary)

Member's explanatory statement

This amendment would introduce a register of foster carers. The intention is that having such a register, as exists for social workers, would improve the safeguarding of children, and matching and sufficiency of placements, and improve the status of foster carers.

Amendment 505

This amendment was WITHDRAWN AFTER DEBATE

Clause 66, page 124, line 18, at end insert—
“(2A) Section (Abolition of common law defence of reasonable punishment) comes into force at the end of the period of 12 months beginning with the day on which this Act is passed.”

Type: Backbencher

Signatures: 3

Baroness Finlay of Llandaff (XB - Life peer)
Lord Hampton (XB - Excepted Hereditary)
Baroness Walmsley (LD - Life peer)

Member's explanatory statement

This amendment is consequential on a new clause amendment by Baroness Finlay of Llandaff.

Amendment 106

This amendment was NOT MOVED

After Clause 9, insert the following new Clause—
“Review of disparities affecting care leavers
(1) The Secretary of State must, within 12 months of the day on which this Act is passed, undertake a review of the disparities that a relevant child, or former relevant child, may face compared to other children or young adults.
(2) The review must in particular consider the social issues which a relevant child, or former relevant child, may face, including—
(a) education and training,
(b) employment,
(c) forming and sustaining relationships with family, friends or other persons,
(d) financial security and poverty,
(e) health (which includes both mental and physical health),
(f) housing,
(g) interaction with the justice system.
(3) The review must also in particular consider any potential discrimination a relevant child, or former relevant child, may face because of their status as a relevant child, or former relevant child.
(4) The Secretary of State must within 24 months of the day on which this Act is passed—
(a) prepare and publish a report of the review, and
(b) lay a copy of the report before Parliament.
(5) In this section—
“relevant child” —
(a) in England and Wales, has the meaning given by section 23A(2) of the Children Act 1989,
(b) in Scotland, is to be construed in accordance with section 26A of the Children (Scotland) Act 1995;
“former relevant child” —
(a) in England and Wales, has the meaning given by section 23C(1) of the Children Act 1989 and is aged under 25,
(b) in Scotland, applies to anyone who is could qualify for the after-care provisions in section 29 of the Children (Scotland) Act 1995;
“young adult” means a person aged 18 or over but under 25.”

Type: Backbencher

Signatures: 1

Lord Bishop of Manchester (Bshp - Bishops)

Member's explanatory statement

This new Clause requires the Secretary of State to undertake a review of the disparities which care leavers face, prepare a report of the review and lay the report before Parliament.

Opposition Amendment 107

This amendment was WITHDRAWN

After Clause 9, insert the following new Clause—
“Adoption and special guardianship support fund review
(1) Within one month of the day on which this Act is passed, the Secretary of State must conduct a review of the level of funding available per child from the adoption and special guardianship support fund.
(2) The review must produce recommendations regarding any steps necessary to increase the funds available per child.
(3) The review must be laid before both Houses of Parliament.”

Type: Opposition

Signatures: 2

Lord Storey (LD - Life peer)

Liberal Democrat Lords Spokesperson (Education)

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Opposition Amendment 505A

NO DECISION has been made on this amendment

Clause 66, page 124, line 18, at end insert—
“(2A) Section 15 may not come into force until the Secretary of State has published a report that contains—
(a) details of the number of available placements in relevant establishments or agencies, and
(b) an analysis of the expected impact of this section on the number of available placements in relevant establishments or agencies.”

Type: Opposition

Signatures: 1

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Member's explanatory statement

This amendment seeks to require a report that would clarify the supply and capacity of independent children’s homes and independent fostering agencies before the clause is commenced.

Opposition Amendment 505B

NO DECISION has been made on this amendment

Clause 66, page 124, line 18, at end insert—
“(2A) Section 27 may only come into force after the Secretary of State has laid before Parliament a report containing the following information—
(a) what form breakfast club provision by schools currently takes;
(b) how much breakfast club provision costs schools, and how much is charged by schools for such provision;
(c) how much funding is estimated to be required to enable schools to meet the requirements of section 27;
(d) what additional staff will be required to deliver the breakfast clubs;
(e) the grounds on which the Secretary of State would use the power under section 551C of the Education Act 1996.”

Type: Opposition

Signatures: 2

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Earl of Effingham (Con - Excepted Hereditary)

Opposition Whip (Lords)

Member's explanatory statement

This amendment would delay the commencement of clause 27 until the Secretary of State has laid before Parliament a report containing information on breakfast club provision, costs and resources.

Opposition Amendment 107A

This amendment was NOT MOVED

After Clause 9, insert the following new Clause—
“General Practice Services for care leavers
When negotiating contracts under The National Health Service (General Medical Services Contracts) Regulations 2015 the Secretary of State must have due regard to the potential negative impact on care leavers under 25 of not having adequate levels of access to GP services.”

Type: Opposition

Signatures: 1

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Member's explanatory statement

This probing amendment would place a duty on the Secretary of State to have due regard to the needs of care leavers when negotiating general practice contracts in the future.

Amendment 107B

This amendment was NOT MOVED

After Clause 9, insert the following new Clause—
“Remedial orders for children in care
After section 42 of the Children Act 1989 (right of officer of the Service to have access to local authority records) insert—
“42A Remedial orders for children in care
(1) Where a court is satisfied that there is reasonable cause to believe that a child who is in the care of a local authority is experiencing, or is at risk of experiencing, significant harm, on an application by or for that child, the court may—
(a) prohibit a local authority from taking any act (or proposed act) which it otherwise would be entitled to take in exercising its parental responsibility for the child, or
(b) require a local authority with parental responsibility for the child to take such action as is necessary to safeguard or promote the child’s welfare.
(2) A child making an application to the court for an order under this section shall be presumed to have sufficient understanding unless evidence to the contrary is presented to the court.
(3) The following persons are entitled to apply to the court for an order under this section with respect to a child in the care of a local authority—
(a) any parent or person who has parental responsibility for the child;
(b) the child’s independent reviewing officer;
(c) a local authority foster parent if the child has lived with him for a period of at least one year;
(d) an independent advocate acting for the child.
(4) Before making an application to the court for an order under this section with respect to a child, a person in subsection (3) must obtain the ascertainable views, wishes and feelings of the child about the proposed application, and these shall be provided in the application to the court.
(5) In this section—
“in the care of a local authority” means a child who is the subject of a care order or interim care order;
“harm” has the same meaning as in section 31(9);
“significant” in respect of the child’s health or development has the same meaning as in section 31(10).””

Type: Backbencher

Signatures: 1

Lord Watson of Invergowrie (Lab - Life peer)

Member's explanatory statement

This amendment would provide new protections for looked after children as recommended by the Independent Inquiry into Child Sexual Abuse.

Amendment 505C

NO DECISION has been made on this amendment

Clause 66, page 124, line 18, at end insert—
“(2A) Sections 12 to 18 may not come into force until the Secretary of State has published a statement regarding the human rights obligations of publicly-funded private providers of children’s social care.”

Type: Backbencher

Signatures: 1

Lord Watson of Invergowrie (Lab - Life peer)

Opposition Amendment 107C

This amendment was NOT MOVED

After Clause 9, insert the following new Clause—
“Restoration of funding to the adoption and special guardianship support fund
Within one month of the day on which this Act is passed, the Secretary of State must increase the funding available per child per year under the adoption and special guardianship support fund to a level equal to or greater than the funding available per child under the fund in March 2025.”

Type: Opposition

Signatures: 2

Lord Storey (LD - Life peer)

Liberal Democrat Lords Spokesperson (Education)

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Member's explanatory statement

This amendment would reverse the cut to the adoption and special guardianship support fund.

Government Amendment 506

This amendment was QUESTION PROPOSED

Clause 66, page 124, line 19, leave out subsection (3) and insert—
“(3) Subject to subsection (1), the following come into force, in relation to Wales, on such day as the Welsh Ministers may by regulations made by statutory instrument appoint—
(a) section (Employment of children in England and Wales);
(b) sections 30 to 35 and Schedule 2.
(3A) Subject to subsection (1), section (Employment of children in Scotland) comes into force on such day as the Scottish Ministers may by regulations appoint.”

Type: Government

Signatures: 1

Baroness Smith of Malvern (Lab - Life peer)

Minister of State (Department for Work and Pensions)

Member's explanatory statement

This amendment provides for certain provision for Wales or Scotland to be brought into force by (respectively) the Welsh Ministers or Scottish Ministers.

Amendment 506A

NO DECISION has been made on this amendment

Clause 66, page 124, line 21, at end insert—
“(3A) Section 47 comes into force when all the following conditions are met—
(a) the period of six months, beginning on the day that the Secretary of State publishes the final report of the Curriculum and Assessment Review, has elapsed;
(b) the Secretary of State has published a draft Bill making legislative provision for the changes recommended by the Curriculum and Assessment Review;
(c) the Secretary of State has undertaken a consultation on the findings of the Curriculum and Assessment Review.”

Type: Backbencher

Signatures: 1

Baroness Fox of Buckley (Non-affiliated - Life peer)

Amendment 107D

This amendment was WITHDRAWN

Clause 10, page 14, line 32, at end insert—
“(2A) Regional co-operation arrangements must include the local integrated care board in their development, delivery and governance.”

Type: Backbencher

Signatures: 1

Lord Bellingham (Con - Life peer)

Member's explanatory statement

The amendment aims to highlight the need to include health agencies in the regional cooperation arrangements.

Amendment 506B

NO DECISION has been made on this amendment

Clause 66, page 124, line 21, at end insert—
“(3A) Section 11 may not come into force until regulations under section 11 (qualifying for civil legal aid) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 providing legal aid on a non-means tested basis in relation to proceedings that may result in the deprivation of a child’s liberty have come into force.”

Type: Backbencher

Signatures: 1

Lord Watson of Invergowrie (Lab - Life peer)

Member's explanatory statement

This amendment would provide that the provisions in the Bill on accommodation for the deprivation of liberty for children cannot come into force until legal aid has been provided on a non-means tested basis for children at risk of this and their families.

Amendment 108

This amendment was NOT MOVED

Clause 10, page 14, line 35, after “accommodation” insert “to meet the needs”

Type: Backbencher

Signatures: 1

Baroness Longfield (Lab - Life peer)

Amendment 109

This amendment was NOT MOVED

Clause 10, page 14, line 36, at end insert “as close to home as reasonably practicable”

Type: Backbencher

Signatures: 1

Baroness Longfield (Lab - Life peer)

Amendment 506C

NO DECISION has been made on this amendment

Clause 66, page 124, line 21, at end insert—
“(3A) Section 10 may not come into force until the Secretary of State has published an evaluation of the impact, cost and effectiveness of the Regional Care Cooperatives pathfinder areas.”

Type: Backbencher

Signatures: 1

Lord Bellingham (Con - Life peer)

Member's explanatory statement

This amendment would delay the implementation of regional cooperation arrangements until the pilots can be fully evaluated.

Opposition Amendment 506D

NO DECISION has been made on this amendment

Clause 66, page 124, line 21, at end insert—
“(3A) Section 37(2) may not be brought into force until the review required by section (Review of independent educational institution standards) has been published and laid before Parliament.”

Type: Opposition

Signatures: 1

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Member's explanatory statement

Amendment 110

This amendment was NOT MOVED

Clause 10, page 14, line 37, leave out “for meeting those requirements” and insert “to ensure a range of accommodation that is within, or near to, the local authority’s area, and that is capable of meeting the differing needs of children being looked after by the local authority”

Type: Backbencher

Signatures: 1

Baroness Longfield (Lab - Life peer)

Amendment 112

This amendment was NOT MOVED

Clause 10, page 15, line 1, leave out “for” and insert “to meet the needs of”

Type: Backbencher

Signatures: 1

Baroness Longfield (Lab - Life peer)

Government Amendment 507

NO DECISION has been made on this amendment

Clause 66, page 124, line 22, leave out “(3)” and insert “(3A)”

Type: Government

Signatures: 1

Baroness Smith of Malvern (Lab - Life peer)

Minister of State (Department for Work and Pensions)

Member's explanatory statement

This amendment is consequential on my amendment to clause 66 inserting new subsection (3A).

Amendment 111

This amendment was NOT MOVED

Clause 10, page 15, line 1, after “of” insert “sufficient local”

Type: Backbencher

Signatures: 1

Baroness Longfield (Lab - Life peer)

Opposition Amendment 508

NO DECISION has been made on this amendment

Clause 66, page 124, line 23, at end insert—
“(4A) Section 3 may not come into force until the Secretary of State has made a statement confirming that safeguarding partners which are party to an agreement under section 16J(1) of the Children Act 2004 (combining safeguarding partner areas and delegating functions) have equal responsibility for the effective delivery of the multi-agency child protection team.”

Type: Opposition

Signatures: 1

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Member's explanatory statement

This amendment would require the Secretary of State to clarify that safeguarding partners which are party to an agreement under section 16J of the Children Act 2004 have equal responsibility for the effective delivery of the MACPT.

Opposition Amendment 509

NO DECISION has been made on this amendment

Clause 66, page 124, line 23, at end insert—
“(4A) Section 3 may not come into force until the Secretary of State has published guidance to clarify how the duties in section 3 will be delivered and funded, including for non-statutory agencies.”

Type: Opposition

Signatures: 1

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Member's explanatory statement

This amendment seeks to clarify what resources and funding will be provided to ensure effective delivery of the additional duties set out in clause 3.

Amendment 113

This amendment was NOT MOVED

Clause 10, page 15, line 2, at end insert “as close to home as reasonably practicable”

Type: Backbencher

Signatures: 1

Baroness Longfield (Lab - Life peer)

Amendment 114

This amendment was NOT MOVED

Clause 10, page 15, line 5, after “of,” insert “sufficient”

Type: Backbencher

Signatures: 1

Baroness Longfield (Lab - Life peer)

Government Amendment 510

NO DECISION has been made on this amendment

Clause 66, page 124, line 24, after “(3)” insert “, (3A)”

Type: Government

Signatures: 1

Baroness Smith of Malvern (Lab - Life peer)

Minister of State (Department for Work and Pensions)

Member's explanatory statement

This amendment is consequential on my amendment to clause 66 inserting new subsection (3A).

Government Amendment 511

NO DECISION has been made on this amendment

Clause 66, page 124, line 28, leave out from “Act” to end of line 29 and insert “other than—
(a) the provisions listed in subsection (3) in relation to Wales;
(b) section (Employment of children in Scotland).”

Type: Government

Signatures: 1

Baroness Smith of Malvern (Lab - Life peer)

Minister of State (Department for Work and Pensions)

Member's explanatory statement

This amendment is consequential on my amendments to clause 66 inserting new subsections (3), (3A) and (7A).

Amendment 115

This amendment was NOT MOVED

Clause 10, page 15, line 5, after “new” insert “local”

Type: Backbencher

Signatures: 1

Baroness Longfield (Lab - Life peer)

Amendment 116

This amendment was NOT MOVED

Clause 10, page 15, line 7, after “authority” insert “as close to home as reasonably practicable”

Type: Backbencher

Signatures: 1

Baroness Longfield (Lab - Life peer)

Government Amendment 512

NO DECISION has been made on this amendment

Clause 66, page 124, leave out line 32 and insert “any provision listed in subsection (3) in relation to Wales.”

Type: Government

Signatures: 1

Baroness Smith of Malvern (Lab - Life peer)

Minister of State (Department for Work and Pensions)

Member's explanatory statement

This amendment is consequential on my amendment to clause 66 inserting new subsection (3).

Government Amendment 513

NO DECISION has been made on this amendment

Clause 66, page 124, line 32, at end insert—
“(7A) The Scottish Ministers may by regulations make transitional or saving provision in connection with the coming into force of section (Employment of children in Scotland).”

Type: Government

Signatures: 1

Baroness Smith of Malvern (Lab - Life peer)

Minister of State (Department for Work and Pensions)

Member's explanatory statement

This amendment provides for the Scottish Ministers to make transitional and saving provision in connection with certain provision relating to Scotland.

Opposition Amendment 116A

This amendment was NOT MOVED

Clause 10, page 15, leave out lines 8 to 10

Type: Opposition

Signatures: 1

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Member's explanatory statement

This amendment seeks to remove the Secretary of State’s power to add to the list of strategic accommodation functions for local authorities.

Amendment 116B

This amendment was NOT MOVED

Clause 10, page 15, line 10, at end insert—
“(3A) Each local authority participating in a regional care arrangement must assess, on an ongoing basis, whether there is sufficient provision of placements to meet the current and foreseeable needs of looked after children for whom it is responsible.
(3B) Where any insufficiency is identified under subsection (3A), the authority must publish and implement a plan to address gaps in provision, with particular regard to—
(a) fostering and residential placements,
(b) placements for children with complex or specialist needs, and
(c) the availability of not-for-profit, public sector and kinship-based care.
(3C) In carrying out the functions under subsections (3A) and (3B), the authority must consult with Integrated Care Boards, NHS England, and relevant education bodies.
(3D) Each local authority participating in a regional care arrangement must ensure that the commissioning of placements under the arrangement supports, where it is safe to do so, the maintenance of—
(a) sibling relationships,
(b) contact with birth family and connected persons, and
(c) children’s ties to their local community, school, and cultural environment.”

Type: Backbencher

Signatures: 1

Baroness Cash (Con - Life peer)

Member's explanatory statement

This amendment places duties on local authorities participating in regional care arrangements to assess sufficiency, plan for complex needs, and protect the relational and community ties of children in care.

Government Amendment 514

NO DECISION has been made on this amendment

Clause 66, page 124, line 33, leave out “or (7)” and insert “, (7) or (7A)”

Type: Government

Signatures: 1

Baroness Smith of Malvern (Lab - Life peer)

Minister of State (Department for Work and Pensions)

Member's explanatory statement

This amendment is consequential on my amendment to clause 66 inserting new subsection (7A).

Amendment 117

This amendment was NOT MOVED

Clause 10, page 15, line 13, at end insert—
“(aa) children and young people who are and have been looked after by local authorities, and”

Type: Backbencher

Signatures: 4

Baroness Tyler of Enfield (LD - Life peer)
Baroness Bennett of Manor Castle (Green - Life peer)
Baroness Walmsley (LD - Life peer)
Lord Russell of Liverpool (XB - Excepted Hereditary)

Member's explanatory statement

This amendment would ensure that the views of children and young people are considered before making regulations in relation to local authority duties to secure accommodation for looked after children.

Amendment 117ZA

This amendment was WITHDRAWN BEFORE DEBATE

[Withdrawn]
Clause 10, page 15, line 15, at end insert—
“(4A) No regulations may be made under subsection (3)(f) until regulations under section 11 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 on providing legal aid on a non-means tested basis in relation to proceedings that may result in the deprivation of a child’s liberty have come into force.”

Type: Backbencher

Signatures: 1

Lord Watson of Invergowrie (Lab - Life peer)

Member's explanatory statement

Opposition Amendment 117A

This amendment was NOT MOVED

Clause 10, page 16, line 2, at end insert—
“(11) Regional co-operation arrangements must –
(a) be included in Ofsted local authority inspections, and
(b) include both registered and unregistered provision.”

Type: Opposition

Signatures: 1

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Member's explanatory statement

This amendment would require Ofsted to inspect regional cooperation arrangements.

Amendment 117B

This amendment was NOT MOVED

Clause 10, page 16, line 2, at end insert—
“(11) Nothing in this section shall be taken to discharge or modify the duties of local authorities in relation to the placement of looked after children under this Act and associated regulations, including the duty to place children in accordance with section 22C(7) of this Act.”

Type: Backbencher

Signatures: 1

Baroness Cash (Con - Life peer)

Member's explanatory statement

This amendment makes clear that the creation of regional care arrangements does not alter existing legal duties on local authorities to act in the best interests of children when making placements.

Amendment 117C

This amendment was NOT MOVED

Clause 10, page 16, line 2, at end insert—
“(11) All local authorities, either individually or collectively within a regional care arrangement, must collect and report to the Secretary of State at regular intervals no less than quarterly, the following additional data relating to the provision of placements—
(a) the number of placement breakdowns by—
(i) category of provision type;
(ii) cause;
(iii) proximity to home;
(b) the number of children re-entering care by—
(i) category pf provision;
(ii) cause;
(iii) proximity to home;
(c) their projections of future demand for placements, disaggregated by type, location and level of need;
(d) where the supplier is not a foster carer or a public supplier, the average cost per placement disaggregated by—
(i) category of provision;
(ii) level of need;
(iii) location.”

Type: Backbencher

Signatures: 1

Baroness Cash (Con - Life peer)

Member's explanatory statement

This amendment inserts a duty on local authorities within regional care arrangements to collect and report key data on placement sufficiency, cost and outcomes for improved transparency.

Amendment 117D

This amendment was NOT MOVED

Clause 10, page 16, line 2, at end insert—
“(11) the Secretary of State must publish an annual summary of data collected under this section, and must share that summary with—
(a) Ofsted, to inform its annual report on placement sufficiency and stability, and
(b) the Competition and Markets Authority, to inform any market studies or investigations concerning the children’s care placements sector.”

Type: Backbencher

Signatures: 1

Baroness Cash (Con - Life peer)

Member's explanatory statement

This amendment ensures that placement data collected by local authorities is used to inform national reports and market oversight by existing public bodies.

Amendment 118

This amendment was WITHDRAWN

After Clause 10, insert the following new Clause—
“Accommodation of looked after children: restrictions
After section 22J of the Children Act 1989 (inserted by section 10), insert—
“22K Accommodation of looked after children: restrictions
Looked after children may not be accommodated in adult homes or hostels.””

Type: Backbencher

Signatures: 1

Lord Lucas (Con - Excepted Hereditary)

Amendment 119

This amendment was NOT MOVED

After Clause 10, insert the following new Clause—
“Boarding school offer for looked after children
All looked after children of secondary school age must be offered a funded boarding school place in a state secondary school in their local authority area.”

Type: Backbencher

Signatures: 2

Lord Agnew of Oulton (Con - Life peer)
Lord Farmer (Con - Life peer)

Opposition Amendment 119ZA

This amendment was NOT MOVED

After Clause 10, insert the following new Clause—
“Principles for local authority commissioned accommodation
When accommodation is commissioned for looked after children under Section 22J of the Children Act 1989, the relevant local authorities must seek to—
(a) only commission whole homes, not individual places;
(b) ensure homes commissioned solely work with the relevant local authorities;
(c) place children within, or a close as possible to, the local authority area in which they currently reside;
(d) ensure the responsibility for decision making in respect of a child’s placement remains with the local authority rather than the regional care cooperative;
(e) commission homes in areas as agreed by an annual sufficiency strategy to meet need;
(f) ensure accommodation providers remain relationally connected to children even when they move on;
(g) ensure emergency accommodation is commissioned within the local area;
(h) accurately record and report the number of placements;
(i) ensure all homes have embedded speech and language therapy and clinical psychology provision;
(j) ensure homes aim to provide permanence and have links to connected foster care provision;
(k) ensure homes provide an edge of care service in partnership with local authorities who are using the places when the relevant home is not full;
(l) ensure residential care is used to stabilise and act as a bridge to permanence.”

Type: Opposition

Signatures: 1

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Member's explanatory statement

This amendment seeks to establish a series of core principles for local authorities to follow when accommodation is commissioned for looked after children under Section 22J of the Children Act 1989 (inserted by Clause 10).

Amendment

This amendment was WITHDRAWN BEFORE DEBATE

[Withdrawn]
After Clause 11, insert the following new Clause—
“Arrangements for remaining in a residential children’s home after reaching adulthood
(1) The Children Act 1989 is amended as follows.
(2) In section 23CZA (arrangements for certain former relevant children to live with former foster parents)—
(a) at the end of the title insert “or at a residential children’s home”,
(b) at the end of subsection (2) insert “or by which a person who is a former relevant child by virtue of section 23C(1)(b) continues to live at the residential children’s home at which they were resident when they were looked after.”
(3) In paragraph 19BA in Part 2 of Schedule 2 (local authority support for looked after children)—
(a) in sub-paragraph (1), after “parent” insert “or in a residential children’s home”;
(b) in sub-paragraph (3)(b), after “parent” insert “or residential children’s home”.”

Type: Backbencher

Signatures: 1

Lord Watson of Invergowrie (Lab - Life peer)

Member's explanatory statement

This new clause would extend the “staying put” arrangements that currently exist for young people placed with foster parents to those living in a residential children’s home.

Opposition Amendment 119A

This amendment was WITHDRAWN

Clause 11, page 16, line 19, after “local authority”, insert “or who has an EHCP and is in receipt of residential care”

Type: Opposition

Signatures: 1

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Member's explanatory statement

This amendment seeks to include children with EHCPs in residential care and allow residential schools to use deprivation of liberty in specific settings for specific children rather than moving them to a residential home.

Opposition Amendment 119B

This amendment was NOT MOVED

Clause 11, page 16, leave out lines 28 to 30

Type: Opposition

Signatures: 1

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Member's explanatory statement

This amendment seeks to probe what is meant by ‘likely to injure themselves or others’ and how this threshold is applied.

Opposition Amendment 120

This amendment was NOT MOVED

Clause 11, page 16, line 30, at end insert—
“(1AA) A child who is being looked after by a local authority in England and is under the age of 13 may not, whilst being kept in relevant accommodation in England, be deprived of their liberty in that accommodation unless this has been authorised by the Secretary of State.”

Type: Opposition

Signatures: 2

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Lord Farmer (Con - Life peer)

Member's explanatory statement

This amendment would ensure that deprivation of liberty orders could not be issued to children under the age of 13 unless expressly authorised by the Secretary of State, in line with provisions relating to children’s homes.

Opposition Amendment 120A

This amendment was NOT MOVED

Clause 11, page 16, line 33, after “care” insert “, education”

Type: Opposition

Signatures: 1

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Member's explanatory statement

This amendment seeks to ensure that children deprived of their liberty have access to education.

Opposition Amendment 121

This amendment was NOT MOVED

Clause 11, page 16, line 37, at end insert “, and this is reflected in its statement of purpose, and”

Type: Opposition

Signatures: 2

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Lord Bishop of Manchester (Bshp - Bishops)

Member's explanatory statement

This amendment, along with another in the name of Baroness Barran, seek to ensure only registered children’s homes can be used as relevant accommodation, and that this purpose is reflected in the establishment’s statement of purpose.

Opposition Amendment 122

This amendment was NOT MOVED

Clause 11, page 16, line 37, at end insert—
“(c) is a registered children’s home.”

Type: Opposition

Signatures: 2

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Lord Bishop of Manchester (Bshp - Bishops)

Member's explanatory statement

Opposition Amendment 123

This amendment was NOT MOVED

Clause 11, page 16, line 37, at end insert—
“(1C) The Director of Children’s Services must review a deprivation of liberty order under this section every 4 weeks to ensure that it is appropriate for the order to remain in place.”

Type: Opposition

Signatures: 1

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Member's explanatory statement

This amendment would require a review of deprivation of liberty orders to ensure that they remain appropriate for the relevant child.

Opposition Amendment 124

This amendment was NOT MOVED

Clause 11, page 17, line 4, at end insert—
“(4A) After subsection (2) insert—
“(2A) Regulations made under subsection (2) must apply equally to children deprived of their liberty, whether in secure accommodation or relevant accommodation, and the Secretary of State must consult any persons they consider appropriate before making such regulations.
(2B) It is the duty of a court hearing an application under this section to have regard to the general principle that the deprivation of liberty of a child is a measure of last resort.
(2C) Unless it would not be consistent with the child’s welfare, a local authority making an application to the court under this section must propose accommodation for the child which—
(a) has been judged to be providing high quality care and treatment within the last 12 months by the Office for Standards in Education, Children’s Services and Skills or the Care Inspectorate Wales,
(b) has other children living there,
(c) is near the child’s home, and
(d) has been approved by the local authority’s Director of Children’s Services.
(2D) Where an application is made under this section with respect to a child, the appropriate local authority must, within such time as the court may direct, prepare a plan setting out the action to be taken to end the deprivation of liberty of that child (a “recovery plan”).””

Type: Opposition

Signatures: 2

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Lord Bishop of Manchester (Bshp - Bishops)

Member's explanatory statement

This amendment seeks to introduce additional protections for all looked-after children deprived of their liberty under section 25 of the Children Act 1989, in both secure accommodation and relevant accommodation.

Government Amendment 125

This amendment was AGREED

Clause 11, page 17, line 12, at end insert—
“(6A) In subsection (5A), for “restrict the child’s” substitute “deprive the child of their”.”

Type: Government

Signatures: 1

Baroness Smith of Malvern (Lab - Life peer)

Minister of State (Department for Work and Pensions)

Member's explanatory statement

This amendment ensures consistency with the terminology in section 25 of the Children Act 1989 as amended by clause 11.

Amendment 126

This amendment was NOT MOVED

Clause 11, page 17, line 23, at end insert—
“(8ZB) For the purposes of this section, any children deprived of their liberty under the inherent jurisdiction of the High Court shall be deemed to be looked after children.”

Type: Backbencher

Signatures: 1

Baroness Berridge (Con - Life peer)

Opposition Amendment 127

This amendment was NOT MOVED

Clause 11, page 17, line 23, at end insert—
“(8A) After subsection (9) insert—
“(10) Where a child is kept in secure accommodation under this section, the relevant local authority has a duty to provide therapeutic treatment for the child.””

Type: Opposition

Signatures: 1

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Member's explanatory statement

This amendment would place a duty on local authorities to provide therapeutic treatment for children subject to a deprivation of liberty order.

Government Amendment 128

This amendment was AGREED

Clause 11, page 17, line 24, leave out subsection (9) and insert—
“(9) In section 93 of the Children (Scotland) Act 1995 (interpretation)—
(a) in the definition of “secure accommodation”, omit paragraph (b);
(b) after that definition insert—
“
“secure accommodation” , in relation to England, means secure accommodation within the meaning of section 25 of the Children Act 1989 or relevant accommodation within the meaning of that section;”.
(10) In section 202(1) of the Children’s Hearings (Scotland) Act 2011 (asp 1) (interpretation)—
(a) in the definition of “secure accommodation”, omit paragraph (b);
(b) after that definition insert—
“
“secure accommodation” , in relation to England, means secure accommodation within the meaning of section 25 of the Children Act 1989 or relevant accommodation within the meaning of that section,”.”

Type: Government

Signatures: 1

Baroness Smith of Malvern (Lab - Life peer)

Minister of State (Department for Work and Pensions)

Member's explanatory statement

This amendment ensures that the clause 11 amendments to section 25 of the Children Act 1989, to allow local authorities in England and Wales to seek authorisation for the deprivation of liberty of children in accommodation provided for care and treatment in England, extend to local authorities in Scotland.

Amendment 129

This amendment was NOT MOVED

After Clause 11, insert the following new Clause—
“Amending the sufficiency duty to prevent children being moved far away from home
(1) Section 22G of the Children Act 1989 is amended as follows.
(2) In subsection (1), for “steps that secure, so far as reasonably practicable” substitute “all reasonable steps to secure”.
(3) In subsection (2)(a), after “within” insert “or is near to”.
(4) In subsection (3)(c), for “in” substitute “within, or is near to”.
(5) In subsection (4), omit from “having” to the end and substitute “there being a range of accommodation that—
(a) is within, or near to, the authority’s area, and
(b) is capable of meeting the differing needs of the children mentioned in subsection (3).”

Type: Backbencher

Signatures: 3

Baroness Tyler of Enfield (LD - Life peer)
Lord Storey (LD - Life peer)

Liberal Democrat Lords Spokesperson (Education)

Lord Russell of Liverpool (XB - Excepted Hereditary)

Member's explanatory statement

This new clause amends the sufficiency duty to prevent children being moved far away from home.

Amendment 130

This amendment was NOT MOVED

After Clause 11, insert the following new Clause—
“Extending “staying put arrangements” to the age of 25
In section 23CZA(6) of the Children Act 1989, for “21” substitute “25”.”

Type: Backbencher

Signatures: 3

Baroness Tyler of Enfield (LD - Life peer)
Lord Storey (LD - Life peer)

Liberal Democrat Lords Spokesperson (Education)

Lord Russell of Liverpool (XB - Excepted Hereditary)

Member's explanatory statement

This amendment would extend the Staying Put scheme to the age of 25.

Amendment 131

This amendment was NOT MOVED

After Clause 11, insert the following new Clause—
“Use of restraint on children in care and subject to deprivation of liberty orders
The Secretary of State must, within 12 months of the day on which this Act is passed, and every 12 months thereafter, lay before Parliament a report on the use of restraint on children—
(a) in care settings, and
(b) subject to deprivation of liberty orders.”

Type: Backbencher

Signatures: 1

Baroness Bennett of Manor Castle (Green - Life peer)

Opposition Amendment 132

This amendment was NOT MOVED

After Clause 11, insert the following new Clause—
“Independent reviewing officer functions in relation to deprivation of liberty
(1) Section 25B of the Children Act 1989 (functions of the independent reviewing officer) is amended as follows.
(2) After subsection (3) insert—
“(3A) It shall be the duty of the independent reviewing officer to refer a child’s case to an officer of the Children and Family Court Advisory and Support Service if the child’s recovery plan made under section 25 is not effectively implemented by the local authority or any other body or person.””

Type: Opposition

Signatures: 3

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Lord Bishop of Manchester (Bshp - Bishops)
Lord Storey (LD - Life peer)

Liberal Democrat Lords Spokesperson (Education)

Member's explanatory statement

This amendment seeks to expand the legal duties of the independent reviewing officer, building upon section 25B of the Children Act 1989 and Regulation 45(3) of the Care Planning, Placement and Case Review (England) Regulations 2010.

Amendment 133

This amendment was NOT MOVED

After Clause 11, insert the following new Clause—
“Local Authority support for children subject to deprivation of liberty orders in their relationships
Information required to be published by a local authority includes information about the authority’s arrangements for enabling children subject to deprivation of liberty orders to maintain, strengthen and build family and social relationships.”

Type: Backbencher

Signatures: 1

Lord Farmer (Con - Life peer)

Opposition Amendment 134

This amendment was NOT MOVED

After Clause 11, insert the following new Clause—
“Foster care: room sharing
In section 23 of the Care Standards Act 2000 after subsection (4) insert—
“(5) The national minimum standards under this section must include a clear statement that it is appropriate for children over the age of three years to share a room provided the fostering service provider takes into account any potential for bullying, any history of abuse or abusive behaviour, the wishes of the children concerned and all other pertinent facts.””

Type: Opposition

Signatures: 1

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Member's explanatory statement

This amendment would require the Secretary of State to update the Fostering Services: National Minimum Standards and include a clear statement that it is appropriate for children over the age of three years to share a room provided the fostering service provider has taken into account the same issues which are currently to be taken into account when a room-sharing decision is made under the existing standards.

Amendment 134A

This amendment was WITHDRAWN

After Clause 11, insert the following new Clause—
“Children’s homes: transparency of cost
All local authorities must annually publish the prices they pay for private placements in children’s homes.”

Type: Backbencher

Signatures: 1

Baroness Sanderson of Welton (Con - Life peer)

Member's explanatory statement

This intends to enhance transparency and enable local authorities to negotiate effectively with providers to secure the best placement for children at the lowest possible cost. It implements a commitment in the Government’s Keeping Children Safe, Helping Families Thrive policy paper.

Amendment 134B

This amendment was NOT MOVED

After Clause 11, insert the following new Clause—
“Review: planning process for children’s homes
Within six months of the day on which this Act is passed the Secretary of State must publish a review of whether the distinction for the purposes of the planning regime between small children’s homes and domestic dwelling houses should be removed.”

Type: Backbencher

Signatures: 1

Baroness Sanderson of Welton (Con - Life peer)

Member's explanatory statement

This is a probing amendment into the effect of the planning regime on the quantity and location of children’s homes.

Opposition Amendment 134C

This amendment was NOT MOVED

After Clause 11, insert the following new Clause—
“Affirmative procedure for deprivation of liberty orders
(1) Section 25 of the Children Act 1989 (use of accommodation for restricting liberty) is amended as follows.
(2) After subsection (2) insert—
“(2A) A statutory instrument containing regulations under subsection (2) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.”
(3) After subsection (7) insert—
“(7A) A statutory instrument containing regulations under subsection (7) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.”
(4) In section 104 of that Act (regulations and orders), in subsection (2), after “17(4),” insert “25(2), 25(7),”.”

Type: Opposition

Signatures: 1

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Member's explanatory statement

This amendment seeks to ensure that any changes to the time a deprivation of liberty order lasts, the type of accommodation used or the descriptions of children to whom the section applies are subject to affirmative procedure.

Opposition Amendment 135

This amendment was WITHDRAWN

Clause 12, page 17, line 34, leave out “Improvement plan notice” and insert “Requirement for inspection”

Type: Opposition

Signatures: 1

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Opposition Amendment 136

This amendment was NOT MOVED

Clause 12, page 17, line 35, leave out from “may” to end of line 36 and insert, “order an inspection of a parent undertaking, or any of its subsidiaries, if it has—”

Type: Opposition

Signatures: 1

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Member's explanatory statement

This amendment seeks to require an inspection rather than an improvement plan notice.

Opposition Amendment 137

This amendment was NOT MOVED

Clause 12, page 18, line 18, at end insert—
“(3A) The CIECSS may require an unannounced visit by a Regulation 44 visitor to a children’s home, if it reasonably suspects that there are administrative breaches or minor concerns about the quality of care being provided.
(3B) After a Regulation 44 visitor has inspected the relevant children’s home or homes, the local authority may issue an improvement plan notice based on their findings.”

Type: Opposition

Signatures: 1

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Member's explanatory statement

This amendment would rely on the use of Regulation 44 visitors to inform the content of an improvement plan notice where the CIECSS has concerns about minor or technical breaches.

Opposition Amendment 138

This amendment was NOT MOVED

Clause 12, page 18, line 19, leave out from beginning to end of line 10 on page 19

Type: Opposition

Signatures: 1

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Member's explanatory statement

This amendment seeks to probe how the Department for Education intend improvement plans to work in practice.

Opposition Amendment 138A

This amendment was NOT MOVED

Clause 12, page 19, line 22, at end insert—
“(3) The CIECSS must inform the relevant commissioning local authorities when an improvement plan notice is served.”

Type: Opposition

Signatures: 1

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Member's explanatory statement

This amendment would require the Chief Inspector of Education, Children’s Services and Skills to inform commissioning local authorities when an improvement plan notice is served.

Opposition Amendment 138B

This amendment was NOT MOVED

Clause 12, page 20, line 27, at end insert—
“(6) The CIECSS must inform the relevant commissioning local authorities when an improvement plan is cancelled.”

Type: Opposition

Signatures: 1

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Member's explanatory statement

This amendment would require the Chief Inspector of Education, Children’s Services and Skills to inform commissioning local authorities when an improvement plan is cancelled.

Opposition Amendment 138C

This amendment was NOT MOVED

Clause 12, page 21, line 27, at end insert—
“(8) The CIECSS must inform the relevant commissioning local authorities when an improvement plan is appealed.”

Type: Opposition

Signatures: 1

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Member's explanatory statement

This amendment would require the Chief Inspector of Education, Children’s Services and Skills to inform commissioning local authorities when an improvement plan is appealed.

Opposition Amendment 138D

This amendment was WITHDRAWN

Clause 13, page 22, line 11, after “person” insert “(except natural persons)”

Type: Opposition

Signatures: 1

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Member's explanatory statement

This amendment seeks to limit the financial penalties that can be imposed upon the operators of children’s homes to exclude natural persons.

Opposition Amendment 138E

This amendment was NOT MOVED

Clause 13, page 22, line 20, after “person” insert “(except natural persons)”

Type: Opposition

Signatures: 1

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Member's explanatory statement

This amendment seeks to limit the financial penalties that can be imposed upon the operators of children’s homes to exclude natural persons.

Amendment 139

This amendment was WITHDRAWN BEFORE DEBATE

[Withdrawn]
Clause 13, page 22, line 25, at end insert—
“(2A) The CIECSS must pursue the imposition of fines against parents where one or more of their children are attending school for less than 80% of the designated time required.
(2B) The CIECSS must, when deciding the amount of fine to be levied, take account of the reason for non attendance.”

Type: Backbencher

Signatures: 1

Lord Agnew of Oulton (Con - Life peer)

Member's explanatory statement

This amendment seeks to ensure that parents who allow their children to be persistently absent must be fined by the CIECSS.

Opposition Amendment 139A

This amendment was NOT MOVED

Clause 13, page 23, line 2, at end insert—
“(5A) Nothing in Schedule 1A shall allow a monetary penalty to be imposed on a natural person.”

Type: Opposition

Signatures: 1

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Member's explanatory statement

This amendment seeks to limit the financial penalties that can be imposed upon the operators of children’s homes to exclude natural persons.

Opposition Amendment

This amendment was STOOD PART

Baroness Barran gives notice of her intention to oppose the Question that Clause 13 stand part of the Bill.

Type: Opposition

Signatures: 1

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Amendment 140

This amendment was NOT MOVED

Clause 14, page 25, line 3, at end insert—
“(c) a supported accommodation setting in England;”

Type: Backbencher

Signatures: 2

Baroness Tyler of Enfield (LD - Life peer)
Lord Storey (LD - Life peer)

Liberal Democrat Lords Spokesperson (Education)

Member's explanatory statement

This amendment extends financial oversight measures to supported accommodation.

Opposition Amendment 140A

This amendment was NOT MOVED

Clause 14, page 27, line 38, at end insert—
“(e) the proposed actions set out in any recovery and resolution plan by the reviewed person.”

Type: Opposition

Signatures: 1

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Member's explanatory statement

This amendment seeks to require a review and resolution plan as part of the independent business review.

Opposition Amendment

This amendment was STOOD PART

Baroness Barran gives notice of her intention to oppose the Question that Clause 14 stand part of the Bill.

Type: Opposition

Signatures: 1

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Member's explanatory statement

This amendment seeks to remove the proposed financial oversight regime for providers of children’s care homes and fostering services.

Amendment 141

This amendment was NOT MOVED

Clause 15, page 29, line 34, at end insert—
“(c) independent schools wholly or mainly concerned with the provision of education and care for pupils with SEND.”

Type: Backbencher

Signatures: 1

Lord Addington (LD - Excepted Hereditary)

Member's explanatory statement

This amendment seeks to include independent special schools within the profit cap provision.

Amendment 142

This amendment was WITHDRAWN

Clause 15, page 29, line 34, at end insert—
“(c) a supported accommodation setting in England.”

Type: Backbencher

Signatures: 1

Baroness Longfield (Lab - Life peer)

Opposition Amendment

This amendment was STOOD PART

Baroness Barran gives notice of her intention to oppose the Question that Clause 15 stand part of the Bill.

Type: Opposition

Signatures: 1

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Member's explanatory statement

This is intended to probe how the power to limit profits will work in practice.

Opposition Amendment 142A

This amendment was NOT MOVED

Clause 16, page 31, line 8, after “person”, insert “(except natural persons)”

Type: Opposition

Signatures: 1

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Member's explanatory statement

This amendment seeks to limit the financial penalties that can be imposed upon the operators of children’s homes to exclude natural persons.

Opposition Amendment 142B

This amendment was NOT MOVED

Clause 17, page 33, line 38, at end insert “except that in no circumstances may the amount exceed 10% of that person’s last annual turnover.”

Type: Opposition

Signatures: 1

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Member's explanatory statement

This amendment seeks to limit the financial penalties that can be imposed upon the operators of children’s homes.

Opposition Amendment 142C

This amendment was NOT MOVED

Clause 17, page 33, line 38, at end insert “except that in no circumstances may the amount exceed 10% of the relevant organisation’s last annual turnover, or if the fine is imposed on a natural person, £100,000.”

Type: Opposition

Signatures: 1

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Member's explanatory statement

This amendment seeks to limit the financial penalties that can be imposed upon the operators of children’s homes.

Amendment 143

This amendment was NOT MOVED

After Clause 18, insert the following new Clause—
“National foster care strategy
(1) The Secretary of State must, within six months of the day on which this Act is passed, launch a dedicated foster care strategy.
(2) The strategy may examine—
(a) the sufficiency of foster carer provision, and make recommendations for how this could be improved;
(b) inefficiencies, if any, in current foster care commissioning practices, and make recommendations for improvement;
(c) where further research is required to gain a fully comprehensive view of the foster care sector.”

Type: Backbencher

Signatures: 4

Lord Young of Cookham (Con - Life peer)
Lord Bishop of Manchester (Bshp - Bishops)
Lord Hampton (XB - Excepted Hereditary)
Baroness Tyler of Enfield (LD - Life peer)

Amendment 144

This amendment was NOT MOVED

After Clause 18, insert the following new Clause—
“Extension of the ban on unregulated accommodation for 16 and 17 year-olds
(1) In the Care Planning, Placement and Case Review (England) Regulations 2010—
(a) in Regulation 27A (Prohibition on placing a child under 16 in an unregulated setting)—
(i) in the title, for “16” substitute “18”, and
(ii) for “16” substitute “18”,
(b) in Regulation 27B (Exception to the prohibition on placing a child under 16 in other arrangements), after paragraph (1), insert—
“(1A) The Secretary of State must ensure that all accommodation provided to looked after children aged 16 and 17 meets the standards of regulated children’s homes or other regulated supported accommodation.”
(2) In section 22C of the Children Act 1989 (Ways in which looked after children are to be accommodated and maintained), after subsection (6) insert—
“(6A) A local authority must not place a looked after child aged 16 or 17 in unregulated accommodation that does not meet the requirements set out in subsection (7).””

Type: Backbencher

Signatures: 2

Lord Watson of Invergowrie (Lab - Life peer)
Lord Russell of Liverpool (XB - Excepted Hereditary)

Member's explanatory statement

This new clause would ensure that all accommodation provided to looked after children aged 16 and 17 meets the standards of regulated children’s homes or other regulated supported accommodation.

Amendment 145

This amendment was NOT MOVED

After Clause 18, insert the following new Clause—
“Review of adoption support offered by local authorities
(1) The Secretary of State must, within 12 months of the passing of this Act, conduct a review of the adequacy and effectiveness of adoption support services provided by local authorities.
(2) The review must include services provided by adoption agencies which have been commissioned by local authorities.
(3) The review must consider in particular—
(a) any updates required to existing regulations and guidance relating to adoption, and
(b) the support needs of, and support services currently available or provided to—
(i) relevant parties in relation to birth family contact;
(ii) young adult adoptees in relation to their transition to adulthood;
(iii) adult adoptees.
(4) Within six months of the completion of the review, the Secretary of State must publish and lay before Parliament a report on the findings and conclusions of the review.”

Type: Backbencher

Signatures: 2

Lord Watson of Invergowrie (Lab - Life peer)
Lord Russell of Liverpool (XB - Excepted Hereditary)

Member's explanatory statement

This new clause would introduce a requirement on the Secretary of State for Education to conduct a review of adoption support services provided by local authorities and publish the findings.

Opposition Amendment

This amendment was STOOD PART

Baroness Barran gives notice of her intention to oppose the Question that Clause 19 stand part of the Bill.

Type: Opposition

Signatures: 1

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Member's explanatory statement

This is to clarify how the scope of regulation of agency workers used in children’s social care will differ from the current situation.

Opposition Amendment 146

This amendment was NOT MOVED

After Clause 20, insert the following new Clause—
“Kinship care leave
(1) The Secretary of State must, by regulations, entitle an individual to be absent from work on care leave under this section where—
(a) the individual is a kinship carer, and
(b) the individual satisfies conditions specified in the regulations.
(2) Regulations made under subsection (1) must include provision for determining—
(a) the extent of an individual’s entitlement to leave under this section, and
(b) when leave under this section may be taken.
(3) Provision under subsection (2)(a) must secure that—
(a) where one individual is entitled to leave under this section, they are entitled to at least 52 weeks of leave, or
(b) where more than one individual is entitled to leave under this section in respect of the same child, those individuals are entitled to share at least 52 weeks of leave between them.
(4) An employee is entitled to leave under this section only if the eligible kinship care arrangement is intended to last—
(a) at least one year, and
(b) until the child being cared for attains the age of 18.
(5) For the purposes of this section, a “kinship carer” has the meaning given in section 22I of the Children Act 1989, as inserted by section 5 of this Act.
(6) Regulations made under this section may make provision about how leave under this section is to be taken.”

Type: Opposition

Signatures: 1

Lord Storey (LD - Life peer)

Liberal Democrat Lords Spokesperson (Education)

Member's explanatory statement

This amendment would introduce an entitlement for an individual to be absent from work on care leave where the individual is a kinship carer.

Amendment 146B

This amendment was WITHDRAWN

Clause 21, page 39, line 21, at end insert—
(e) to have due regard to the need to remove or minimise the disadvantages suffered by looked-after children and relevant young persons.”

Type: Backbencher

Signatures: 1

Lord Bishop of Manchester (Bshp - Bishops)

Member's explanatory statement

The amendment seeks to expand and strengthen Clause 21 by replacing the light-touch duty to be “alert to” their needs with a stronger requirement for public bodies to have “due regard” to eliminating disadvantage and to take reasonable steps to mitigate any harmful effects of their policies. The amendment intends to create a legally enforceable, lifelong safeguard for anyone who has ever been in care.

Amendment 147

This amendment was WITHDRAWN

Clause 21, page 39, line 21, at end insert—
“(1A) When discharging its duty under subsection (1), the relevant authority must consider the right to British citizenship of looked-after and relevant young people and how that entitlement can be secured to avoid adverse effect on their wellbeing.”

Type: Backbencher

Signatures: 1

Baroness Lister of Burtersett (Lab - Life peer)

Amendment 146A

This amendment was WITHDRAWN BEFORE DEBATE

[Withdrawn]
Clause 21, page 39, line 21, at end insert—
“(e) to provide care to any child as would be reasonable to expect a parent to give to them.”

Type: Backbencher

Signatures: 1

Lord Watson of Invergowrie (Lab - Life peer)

Member's explanatory statement

This amendment seeks to ensure that the level of parental care expected for children within their own families also applies to corporate parents and to the children’s care system.

Amendment 147A

This amendment was NOT MOVED

Clause 21, page 39, line 27, at end insert—
“(2A) A relevant authority exercising the duty under subsection (1) shall take reasonable steps to avoid, reduce or otherwise mitigate any adverse impact of its policies and practices on looked-after children and relevant young persons.”

Type: Backbencher

Signatures: 1

Lord Bishop of Manchester (Bshp - Bishops)

Member's explanatory statement

Amendment 152

This amendment was NOT MOVED

Clause 22, page 40, line 3, leave out paragraph (a)

Type: Backbencher

Signatures: 3

Baroness Lister of Burtersett (Lab - Life peer)
Lord Bishop of Manchester (Bshp - Bishops)
Baroness Benjamin (LD - Life peer)

Member's explanatory statement

This amendment ensures that the duty, of every relevant authority to looked-after children and relevant young people, contained in section 21(1), also applies when the Secretary of State in exercising immigration, asylum and nationality functions.

Opposition Amendment 152A

This amendment was NOT MOVED

Clause 24, page 41, line 29, at end insert—
“(2A) Guidance given by the Secretary of State under subsection (1) shall be laid before Parliament in draft form and is subject to annulment in pursuance of a resolution of either House of Parliament.”

Type: Opposition

Signatures: 1

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Member's explanatory statement

This amendment seeks to ensure that guidance issued under Clause 24 is subject to draft negative procedure, as recommended by the Delegated Powers and Regulatory Reform Committee.

Amendment 153

This amendment was NOT MOVED

After Clause 25, insert the following new Clause—
“Care-experience in equality impact assessments
A public authority undertaking an equality impact assessment in the exercise of its duties under—
(a) section 149 of the Equality Act 2010;
(b) the Equality Act 2010 (Statutory Duties) (Wales) Regulations 2011;
(c) the Equality Act 2010 (Specific Duties) (Scotland) Regulations 2012;
(d) section 75 of the Northern Ireland Act 1998,
must include an assessment of the impact on persons who are or have been looked after by a local authority.”

Type: Backbencher

Signatures: 1

Lord Bishop of Manchester (Bshp - Bishops)

Member's explanatory statement

By including Care Experience in Equality Impact Assessments, this amendment provides a mechanism that public bodies already understand and use, helping to support the extension of Corporate Parenting responsibilities in a way that is structured, measurable, and embedded in existing decision-making processes.

Amendment 162

This amendment was WITHDRAWN BEFORE DEBATE

[Withdrawn]
After Clause 26, insert the following new Clause—
“Impact assessment: child poverty and children’s social care
(1) Within twelve months of the day on which this Act is passed, the Secretary of State must publish an assessment of the impact of child poverty on social care leavers and the provision of children’s social care services.
(2) The assessment under subsection (1) must include consideration of—
(a) the long-term impact of child poverty on care leavers’ employment opportunities,
(b) the disproportionate representation of care leavers in prison,
(c) the cost to the state of the provision of children’s social care necessitated by child poverty, and
(d) any other matters which the Secretary of State considers appropriate or relevant.
(3) In preparing the impact assessment under subsection (1), the Secretary of State must consult—
(a) providers of children’s social care in England and Wales;
(b) care leavers;
(c) local authorities;
(d) the Office for Budget Responsibility (in relation to the long-term costs of providing children’s social care, long-term unemployment among care-leavers, numbers of care-leavers in prison, and any other ways in which the numbers of children in care and care-leavers might affect the sustainability of public finances);
(e) any other such persons which the Secretary of State such persons they consider appropriate or relevant.
(4) The Secretary of State must lay the assessment under subsection (1) before both Houses of Parliament.”

Type: Backbencher

Signatures: 1

Lord Wills (Lab - Life peer)

Member's explanatory statement

This probing amendment seeks to require the Government to assess the relationship between child poverty and children’s social care.

Amendment

This amendment was WITHDRAWN BEFORE DEBATE

[Withdrawn]
After Clause 26, insert the following new Clause—
“National statutory inquiry into grooming gangs
(1) The Secretary of State must, within 3 months of the day on which this Act is passed, set up a statutory inquiry into grooming gangs.
(2) An inquiry established under subsection (1) must seek to—
(a) identify common patterns of behaviour and offending between grooming gangs;
(b) identify the type, extent and volume of crimes committed by grooming gangs;
(c) identify the number of victims of crimes committed by grooming gangs;
(d) identify the ethnicity of members of grooming gangs;
(e) identify any failings, by action, omission or deliberate suppression, by—
(i) police,
(ii) local authorities,
(iii) prosecutors,
(iv) charities,
(v) political parties,
(vi) local and national government,
(vii) healthcare providers and heatlh services, or
(viii) other agencies or bodies,
in the committal of crimes by grooming gangs, including by considering whether the ethnicity of the perpetrators of such crimes affected the response by such agencies or bodies;
(f) identify such national safeguarding actions as may be required to minimise the risk of further such offending occurring in future;
(g) identify good practice in protecting children.
(3) The inquiry may do anything it considers is calculated to facilitate, or is incidental or conducive to, the carrying out of its functions and the achievement of the requirements of subsection (2).
(4) An inquiry established under this section must publish a report within two years of the launch of the inquiry.
(5) For the purposes of this section—
“gang” means a group of at least three adult males whose purpose or intention is to commit a sexual offence against the same victim or group of victims;
“grooming” means—
(a) activity carried out with the primary intention of committing sexual offences against the victim who is a child;
(b) activity that is carried out, or predominantly carried out, in person;
(c) activity that includes the provision of illicit substances and/or alcohol either as part of the grooming or concurrent with the commission of the sexual offence.”

Type: Backbencher

Signatures: 1

Baroness Coffey (Con - Life peer)

Member's explanatory statement

This new clause would set up a national statutory inquiry into grooming gangs.

Amendment 154

This amendment was WITHDRAWN

Clause 26, page 43, line 8, leave out “, or to require a child to have a medical examination,”

Type: Backbencher

Signatures: 1

Lord Lucas (Con - Excepted Hereditary)

Amendment 155

This amendment was NOT MOVED

Clause 26, page 43, leave out lines 39 to 44

Type: Backbencher

Signatures: 1

Lord Lucas (Con - Excepted Hereditary)

Member's explanatory statement

This amendment seeks to enable debate on whether children being paid as performers can continue to be licensed to do so.

Opposition Amendment 156

This amendment was NOT MOVED

Clause 26, page 44, line 5, leave out “, health or development” and insert “or health”

Type: Opposition

Signatures: 2

Baroness Stedman-Scott (Con - Life peer)

Opposition Whip (Lords)

Earl of Effingham (Con - Excepted Hereditary)

Opposition Whip (Lords)

Member's explanatory statement

This amendment seeks to probe the definition of development of children, given the role which technology plays in modern jobs.

Government Amendment 157

This amendment was AGREED

Leave out Clause 26 and insert the following new Clause—
“Employment of children in England and Wales
(1) The Children and Young Persons Act 1933 is amended as follows.
(2) For section 18 substitute—
“18 Restrictions on employment of children
(1) A child may not be employed to work—
(a) so long as the child is under the age of 14 (subject to regulations under subsection (2));
(b) to do any work other than light work;
(c) to do work of a description specified in regulations made by the appropriate national authority;
(d) before 7.00 a.m. or after 8.00 p.m. on any day;
(e) on any day on which the child is required to attend school—
(i) for more than one hour before the start of school hours,
(ii) during school hours, or
(iii) for more than two hours in total in the day;
(f) for more than 12 hours in any week in which the child is required to attend school;
(g) for more than eight hours or, if the child is under 15, for more than five hours in any day on which the child is not required to attend school;
(h) for more than 35 hours or, if the child is under 15, for more than 25 hours in any week in which the child is not required to attend school;
(i) for more than four hours in any day without a break of one hour;
(j) at any time in a year unless at that time a person employing the child is satisfied that the child has had, or could still have, a period of at least two consecutive weeks without employment during a period in the year in which the child is not required to attend school.
(2) The appropriate national authority may by regulations authorise the employment of children aged 13 to do specified descriptions of light work.
(3) A child may not be employed to work except in accordance with a permit (a “child employment permit”) granted by a local authority on an application made in accordance with regulations made by the appropriate national authority.
(4) The appropriate national authority may by regulations—
(a) make provision in relation to child employment permits;
(b) provide that subsection (3) does not apply in specified cases or circumstances;
(c) make provision about the keeping of records.
(5) The provision that may be made in reliance on subsection (4)(a) includes provision—
(a) authorising a local authority to request such information as the authority considers appropriate, or to require a child to have a medical examination, for the purpose of enabling the authority to determine an application;
(b) requiring a local authority to have regard to specified matters when determining an application;
(c) for the grant of a child employment permit subject to conditions determined by a local authority;
(d) requiring a child employment permit to contain specified information;
(e) authorising a local authority to vary, suspend or revoke a child employment permit in specified circumstances;
(f) about appeals against—
(i) a decision to reject an application, or
(ii) the revocation of a child employment permit;
(g) imposing requirements on persons employing children (including requirements to produce child employment permits for inspection);
(h) requiring or authorising a local authority, in specified circumstances, to disclose information about a child employment permit to another local authority in England or Wales or to a local authority in Scotland.
(6) The appropriate national authority may by regulations make provision (subject to subsection (1) and regulations under subsection (2))—
(a) specifying the number of hours in each day, or in each week, for which children may be employed, and the times of day at which they may be employed;
(b) specifying the intervals to be allowed to children for meals and breaks, when in employment;
(c) about entitlement to leave;
(d) specifying other conditions to be met in relation to the employment of children.
(7) Nothing in this section, or in regulations made under any provision of this section, prevents a child from doing anything—
(a) under the authority of a licence granted under this Part, or
(b) in a case where by virtue of subsection (3) of section 37 of the Children and Young Persons Act 1963 no licence under that section is required for the child to do it.
(8) In this section—
“appropriate national authority” means—
(a) in relation to England, the Secretary of State;
(b) in relation to Wales, the Welsh Ministers;
“light work” 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, and
(b) is not such as to be harmful to their education (through attendance at school or otherwise) as required by section 7 of the Education Act 1996 or to their participation in work experience in accordance with section 560 of that Act, or their capacity to benefit from the education received or the experience gained (as the case may be);
“local authority in Scotland” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;
“specified” , in relation to regulations made under any provision of this section, means specified in the regulations;
“week” means any period of seven consecutive days;
“year” means a period of 12 months beginning with 1 January.
18A Regulations under section 18: further provision
(1) Regulations under section 18 may—
(a) make different provision for different purposes or areas;
(b) make provision subject to exceptions;
(c) make transitional or saving provision.
(2) Except as provided by subsection (3), regulations under section 18 may provide for the processing of information in accordance with the regulations not to be in breach of—
(a) any obligation of confidence owed by the person processing the information, or
(b) any other restriction on the processing of information (however imposed).
(3) Regulations under section 18 are not to be read as requiring or authorising the processing of information that would contravene the data protection legislation (but in determining whether particular processing of data would do so, take into account the duty imposed or power conferred by the provision of the regulations in question).
(4) Regulations under section 18 are to be made by statutory instrument.
(5) A statutory instrument containing regulations made by the Secretary of State under section 18 is subject to annulment in pursuance of a resolution of either House of Parliament.
(6) A statutory instrument containing regulations made by the Welsh Ministers under section 18 is subject to annulment in pursuance of a resolution of Senedd Cymru.
(7) In this section “the data protection legislation” and “processing” have the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).”
(3) In section 21 (penalties and legal proceedings in respect of general provisions as to employment), in subsection (1), after “byelaw” insert “or regulations”.
(4) In section 28 (powers of entry), in subsection (1), after “byelaw” insert “or regulations”.
(5) In section 30 (interpretation), in subsection (1), after “byelaws” insert “or regulations”.
(6) In Schedule 36A to the Education Act 1996, in the table, omit the entry for section 18 of the Children and Young Persons Act 1933 (including the title of that Act).
(7) In Part 2 of Schedule 1 to the Local Government Byelaws (Wales) Act 2012 (anaw 2), in the table, in the English language and Welsh language texts, omit the entry that relates to byelaws made under section 18 of the Children and Young Persons Act 1933 (referred to as “adran 18 o Ddeddf Plant a Phobl Ifanc 1933” in the Welsh language text).”

Type: Government

Signatures: 1

Baroness Smith of Malvern (Lab - Life peer)

Minister of State (Department for Work and Pensions)

Member's explanatory statement

Clause 26 makes provision for England restricting employed work by children. This amendment replaces that clause to extend the application of that provision to Wales. It also includes a change to the definition of “light work” in the inserted section 18(8) to reflect that children may receive their compulsory education outside of school.

Amendment 177

This amendment was WITHDRAWN

After Clause 26, insert the following new Clause—
“Action to promote the wellbeing of children in relation to social media
(1) Within 12 months of the passing of this Act, the Secretary of State must, for the purposes of promoting the wellbeing of children—
(a) direct the Chief Medical Officers of the United Kingdom (“the UK CMOs”) to prepare and publish advice for parents and carers on the use of social media by children at different ages and developmental stages, and
(b) by regulations made my statutory instrument require all regulated user-to-user services to use highly-effective age assurance measures to prevent children under the age of 16 from becoming or being users.
(2) Any advice published under subsection (1)(a) must have regard to—
(a) the paper published on 7 February 2019 entitled “United Kingdom Chief Medical Officers’ commentary on 'Screen-based activities and children and young people’s mental health and psychosocial wellbeing: a systematic map of reviews'”, and
(b) any scientific or other developments since the publication of that paper which appear to the UK CMOs to be relevant.
(3) Any regulations under subsection (1)(b) must be treated as an enforceable requirement within the meaning of section 131 (and for the purposes of Part 7) of the Online Safety Act 2023.
(4) A statutory instrument containing regulations under subsection (1)(b) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
(5) For the purposes of this section—
“the Chief Medical Officers of the United Kingdom” means the Chief Medical Officers for—
(a) England,
(b) Wales,
(c) Scotland, and
(d) Northern Ireland;
“regulated user-to-user services” is as defined in the Online Safety Act 2023.”

Type: Backbencher

Signatures: 2

Lord Nash (Con - Life peer)
Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Member's explanatory statement

This new clause would require the Secretary of State to take action to promote children’s wellbeing in relation to their use of social media by commissioning advice from the Chief Medical Officers and introducing regulations to prevent under 16s from accessing social media.

Government Amendment 158

This amendment was AGREED

After Clause 26, insert the following new Clause—
“Employment of children in Scotland
(1) The Children and Young Persons (Scotland) Act 1937 is amended as follows.
(2) For section 28 substitute—
“28 Restrictions on employment of children
(1) A child may not be employed to work—
(a) so long as the child is under the age of 14 (subject to regulations under subsection (2));
(b) to do any work other than light work;
(c) to do work of a description specified in regulations made by the Scottish Ministers;
(d) before 7.00 a.m. or after 8.00 p.m. on any day;
(e) on any day on which the child is required to attend school—
(i) for more than one hour before the start of school hours,
(ii) during school hours, or
(iii) for more than two hours in total in the day;
(f) for more than 12 hours in any week in which the child is required to attend school;
(g) for more than eight hours or, if the child is under 15, for more than five hours in any day on which the child is not required to attend school;
(h) for more than 35 hours or, if the child is under 15, for more than 25 hours in any week in which the child is not required to attend school;
(i) for more than four hours in any day without a break of one hour;
(j) at any time in a year unless at that time a person employing the child is satisfied that the child has had, or could still have, a period of at least two consecutive weeks without employment during a period in the year in which the child is not required to attend school.
(2) The Scottish Ministers may by regulations authorise the employment of children aged 13 to do specified descriptions of light work.
(3) A child may not be employed to work except in accordance with a permit (a “child employment permit”) granted by a local authority on an application made in accordance with regulations made by the Scottish Ministers.
(4) The Scottish Ministers may by regulations—
(a) make provision in relation to child employment permits;
(b) provide that subsection (3) does not apply in specified cases or circumstances;
(c) make provision about the keeping of records.
(5) The provision that may be made in reliance on subsection (4)(a) includes provision—
(a) authorising a local authority to request such information as the authority considers appropriate, or to require a child to have a medical examination, for the purpose of enabling the authority to determine an application;
(b) requiring a local authority to have regard to specified matters when determining an application;
(c) for the grant of a child employment permit subject to conditions determined by a local authority;
(d) requiring a child employment permit to contain specified information;
(e) authorising a local authority to vary, suspend or revoke a child employment permit in specified circumstances;
(f) about appeals against—
(i) a decision to reject an application, or
(ii) the revocation of a child employment permit;
(g) imposing requirements on persons employing children (including requirements to produce child employment permits for inspection);
(h) requiring or authorising a local authority, in specified circumstances, to disclose information about a child employment permit to another local authority in Scotland, to a local authority in England or to a local authority in Wales.
(6) The Scottish Ministers may by regulations make provision (subject to subsection (1) and regulations under subsection (2))—
(a) specifying the number of hours in each day, or in each week, for which children may be employed, and the times of day at which they may be employed;
(b) specifying the intervals to be allowed to children for meals and breaks, when in employment;
(c) about entitlement to leave;
(d) specifying other conditions to be met in relation to the employment of children.
(7) Nothing in this section, or in regulations made under any provision of this section, prevents a child from doing anything—
(a) under the authority of a licence granted under this Part, or
(b) in a case where by virtue of subsection (3) of section 37 of the Children and Young Persons Act 1963 no licence under that section is required for the child to do it.
(8) In this section—
“light work” 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, and
(b) is not such as to be harmful to their education (through attendance at school or otherwise) as required by section 30 of the Education (Scotland) Act 1980 or to their participation in work experience in accordance with section 123 of that Act, or their capacity to benefit from the education received or the experience gained (as the case may be);
“local authority in England” and “local authority in Wales” have the same meaning as in the Education Act 1996 (see section 579(1) of that Act);
“specified” , in relation to regulations made under any provision of this section, means specified in the regulations;
“week” means any period of seven consecutive days;
“year” means a period of 12 months beginning with 1 January.
28A Regulations under section 28: further provision
(1) Regulations under section 28 may—
(a) make different provision for different purposes or areas;
(b) make provision subject to exceptions;
(c) make transitional or saving provision.
(2) Except as provided by subsection (3), regulations under section 28 may provide for the processing of information in accordance with the regulations not to be in breach of—
(a) any obligation of confidence owed by the person processing the information, or
(b) any other restriction on the processing of information (however imposed).
(3) Regulations under section 28 are not to be read as requiring or authorising the processing of information that would contravene the data protection legislation (but in determining whether particular processing of data would do so, take into account the duty imposed or power conferred by the provision of the regulations in question).
(4) Regulations under section 28 are subject to the negative procedure (see Part 2 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)).
(5) In this section “the data protection legislation” and “processing” have the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).”
(3) In section 31 (penalties and legal proceedings in respect of general provisions as to employment), in subsection (1), after “byelaw” insert “or regulations”.
(4) In section 35 (confirmation of byelaws), in subsection (1), for “Secretary of State” substitute “Scottish Ministers”.
(5) In section 36 (powers of entry), in subsection (1), after “byelaw” insert “or regulations”.
(6) In section 37 (interpretation), after “byelaws” insert “or regulations”.
(7) In section 38 (savings)—
(a) omit subsection (3);
(b) in subsection (4), for “The said provisions” substitute “The provisions of this Part relating to employment”.
(8) In section 110(1) (interpretation), omit the definitions of “borstal institution” and “residential establishment”.”

Type: Government

Signatures: 1

Baroness Smith of Malvern (Lab - Life peer)

Minister of State (Department for Work and Pensions)

Member's explanatory statement

This clause makes equivalent provision for Scotland to that made for England and Wales by my amendment to replace clause 26.

Amendment 159

This amendment was WITHDRAWN

After Clause 26, insert the following new Clause—
“Establishment of Child Protection Authority
(1) The Secretary of State must, within six months of the day on which this Act is passed, establish a Child Protection Authority for England.
(2) The purpose of the Authority is to—
(a) improve practice in child protection,
(b) provide advice and make recommendations to the Government on child protection policy and reforms to improve child protection,
(c) inspect institutions and settings at some times and in such ways as it considers necessary and appropriate to ensure compliance with child protection standards, and
(d) monitor the implementation of the recommendations of the Independent Inquiry into Child Sexual Abuse and other inquiries relating to the protection of children.
(3) The Authority must act with a view to—
(a) safeguarding and promoting the welfare of children;
(b) ensuring that institutions and settings fulfil their responsibilities in relation to child protection.”

Type: Backbencher

Signatures: 2

Lord Mohammed of Tinsley (LD - Life peer)
Baroness Berridge (Con - Life peer)

Member's explanatory statement

This amendment establishes the Child Protection Authority for England.

Amendment 160

This amendment was NOT MOVED

After Clause 26, insert the following new Clause—
“National standards for children in need thresholds
(1) The Secretary of State must, within one year of the day on which this Act is passed, conduct a review of the operation of section 17 of the Children Act 1989 (provision of services for children in need, their families and others).
(2) The review must assess regional and national variation in the type, frequency, and duration of support provided to children through child in need plans.
(3) The recommendations of the review must include the—
(a) setting of metrics in the Department for Education’s Children’s Social Care Dashboard for assessing the progress of children on child in need plans, and
(b) publication of national guidance to local authorities defining the thresholds of need that children and families must meet to be offered children in need support.
(4) The national guidance published under subsection (3)(b) must include—
(a) national triggers for an automatic referral to children’s social care, including when a primary care giver enters custody or inpatient mental health provision, and when a child is arrested,
(b) the Secretary of State’s expectations on how often children should receive help,
(c) the Secretary of State’s expectations on how frequently a child’s support should be reviewed when they have a child in need plan, and
(d) any other matters that the Secretary of State deems appropriate.”

Type: Backbencher

Signatures: 1

Lord Mohammed of Tinsley (LD - Life peer)

Member's explanatory statement

The purpose of this new clause is to reduce regional variations in the type, frequency and duration of support that children receive through child in need plans.

Amendment 161

This amendment was WITHDRAWN

After Clause 26, insert the following new Clause—
“Automatic enrolment for Healthy Start scheme
(1) The Secretary of State must, within 6 months of the passing of this Act, introduce a scheme to automatically enrol certain individuals for the purposes of the Healthy Start scheme.
(2) For the purposes of this section, “certain individuals” means people who are eligible for the Healthy Start scheme on the basis of having a child under the age of 4.
(3) The scheme must provide the means for individuals to opt out of enrolment for the Healthy Start scheme.”

Type: Backbencher

Signatures: 3

Baroness Walmsley (LD - Life peer)
Baroness Bennett of Manor Castle (Green - Life peer)
Lord Bethell (Con - Excepted Hereditary)

Member's explanatory statement

This amendment provides for the auto-enrollment of certain individuals on to the Healthy Start scheme.

Amendment 163

This amendment was WITHDRAWN

After Clause 26, insert the following new Clause—
“Child poverty targets
(1) The Secretary of State must, as soon as reasonably practicable after the publication of the Child Poverty Strategy and no later than 31 March 2026 if that strategy has not been published, lay regulations made by statutory instrument that establish binding child poverty targets.
(2) Child poverty targets must include—
(a) targets for reducing the number of children living in poverty, and
(b) timescales by which each target must be achieved.
(3) The Secretary of State must lay an annual report before Parliament setting out—
(a) steps they have taken to deliver on the child poverty targets, and
(b) progress that has been made towards the child poverty targets.
(4) A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.”

Type: Backbencher

Signatures: 4

Lord Bird (XB - Life peer)
Baroness Lister of Burtersett (Lab - Life peer)
Lord Bishop of Leicester (Bshp - Bishops)
Lord Hampton (XB - Excepted Hereditary)

Member's explanatory statement

This amendment would place a duty on the Secretary of State to set binding child poverty reduction targets in regulations.

Amendment 164

This amendment was NOT MOVED

After Clause 26, insert the following new Clause—
“National Care Offer
(1) The Secretary of State must, within 18 months of the passing of this Act, publish a document (the “National Care Offer”) which sets out the minimum standards of information that local authorities must publish under section 2 of the Children and Social Work Act 2017 (local offer for care leavers).
(2) Before publishing or revising the National Care Offer, the Secretary of State must consult with persons that appear to the Secretary of State to represent the interests of care leavers.
(3) Where a consultation under subsection (2) results in recommendations to be made to the National Care Offer, the Secretary of State must—
(a) make the recommended changes or otherwise implement the recommendations, or
(b) where not intending to make the recommended changes or otherwise implement the recommendations, publish a response to the consultation outlining the reasons for the Secretary of State’s decision and the action that will be taken instead.”

Type: Backbencher

Signatures: 3

Lord Bishop of Manchester (Bshp - Bishops)
Lord Russell of Liverpool (XB - Excepted Hereditary)
Lord Hampton (XB - Excepted Hereditary)

Amendment 165

This amendment was NOT MOVED

After Clause 26, insert the following new Clause—
“Notification when a child is placed into temporary accommodation
(1) This section applies where a local authority is exercising its duty under Section 189B of the Housing Act 1996 (initial duty owed to all eligible persons who are homeless) to allocate temporary accommodation to a household which includes a child.
(2) A local authority must notify the following of the household’s homelessness status—
(a) the child’s school, and
(b) the child’s registered GP practice.
(3) The Secretary of State must issue guidance to schools and GPs on how to safeguard and promote a child’s welfare and wellbeing following receipt of a notification under subsection (2).”

Type: Backbencher

Signatures: 4

Lord Russell of Liverpool (XB - Excepted Hereditary)
Lord Young of Cookham (Con - Life peer)
Lord Hampton (XB - Excepted Hereditary)
Baroness Bennett of Manor Castle (Green - Life peer)

Member's explanatory statement

This new clause would establish a notification system requiring local authorities to alert schools and GPs, when a child is placed into temporary accommodation.

Amendment 166

This amendment was WITHDRAWN

After Clause 26, insert the following new Clause—
“Independent Guardians
(1) The Modern Slavery Act 2015 is amended as follows.
(2) For section 48 substitute—
“Independent guardians
(1) The Secretary of State must make arrangements to enable persons (“independent guardians”) to be available to represent and support children to whom this section applies.
(2) This section applies to a child if—
(a) a reference relating to that child has been, or is about to be, made to a competent authority for a determination for the purposes of Article 10 of the Trafficking Convention as to whether there are reasonable grounds to believe that the child is a victim of modern slavery or human trafficking, and
(b) there has not been a conclusive determination that the child is not such a victim; and for the purposes of this subsection a determination which has been challenged by way of proceedings for judicial review shall not be treated as conclusive until those proceedings are finally determined.
(3) This section also applies to a child who appears to the Secretary of State to be a separated child.”
(3) After section 48 insert—
“48A Independent Guardians: functions
(1) This section defines the functions and duties of person appointed as an independent guardian under section 48.
(2) The functions of an independent guardian are to—
(a) ascertain and communicate the views of the child in relation to matters affecting the child;
(b) consult regularly with the child and keeping the child informed of legal and other proceedings affecting the child and any other matters affecting the child;
(c) contribute to a plan to safeguard and promote the future welfare of the child based on an individual assessment of that child’s best interests in line with leaving care services.
(3) In the discharge of their functions, the independent guardian must at all times act in the best interests of the child.
(4) The advocate will assist the child to obtain legal or other advice, assistance and representation, including by appointing and instructing legal representatives to act on the child's behalf.
(5) For the purposes of this Act—
“separated child” means a child who—
(a) is not ordinarily resident in England and Wales, and
(b) is separated from all persons who—
(i) have parental responsibility for the child, or
(ii) before the child’s arrival in England and Wales, were responsible for the child whether by law or custom.””

Type: Backbencher

Signatures: 2

Baroness Lister of Burtersett (Lab - Life peer)
Lord Bishop of Chelmsford (Bshp - Bishops)

Member's explanatory statement

This amendment seeks to incorporate the entitlement to independent guardians for separated and trafficked children and set out their functions.

Amendment 167

This amendment was NOT MOVED

After Clause 26, insert the following new Clause—
“Reporting on early intervention services
(1) Local authorities in England exercising social services functions under the Children Act 1989 must report annually to the Secretary of State on early intervention services for children and families in their area funded by statutory safeguarding partners as defined in Section 16E of the Children Act 2004.
(2) Reports under subsection (1) must include—
(a) the number of children and families receiving early intervention support;
(b) demographic data relating to the children and families receiving support, including information on protected characteristics as defined in Section 4 of the Equality Act 2010;
(c) the types of early intervention services provided;
(d) measures taken to ensure accessibility and effectiveness of these services;
(e) sources through which children and families are referred to early intervention services;
(f) any other information the Secretary of State may require by regulations made by statutory instrument.
(3) In order to inform those reports—
(a) Integrated Care Boards must provide all necessary information to the reporting local authority;
(b) the Chief Officer of Police must provide all necessary information to the reporting local authority.
(4) The Secretary of State must compile and publish all reports submitted under subsection (1).
(5) A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.”

Type: Backbencher

Signatures: 2

Baroness Tyler of Enfield (LD - Life peer)
Baroness Walmsley (LD - Life peer)

Amendment 168

This amendment was NOT MOVED

After Clause 26, insert the following new Clause—
“Child performers’ earnings
In regulation 14 (Earnings) of the Children (Performances and Activities)(England) Regulations 2014 (S.I. 2014/3309), at end insert—
“(2) The licensing authority must include a condition in the licence that 15% of the sums earned by the child for taking part in the performance or activity must be paid by the employer into an account to be held in trust until the child reaches the age of 18 within thirty calendar days of the conclusion of the engagement.””

Type: Backbencher

Signatures: 2

Baroness Benjamin (LD - Life peer)
Lord Storey (LD - Life peer)

Liberal Democrat Lords Spokesperson (Education)

Opposition Amendment 169

This amendment was NOT MOVED

After Clause 26, insert the following new Clause—
“Post-removal support for parents to prevent further removals
(1) Where a baby is removed at birth from the care of a parent further to any order made pursuant to—
(a) section 31 of the Children Act 1989 (care and supervision orders),
(b) section 22 of the Adoption and Children Act 2002 (placement orders),
(c) section 46 of the Adoption and Children Act 2002 (adoption orders), or
(d) section 14A of the Children Act 1989 (special guardianship orders),
the local authority must provide support to the parent, where the parent is identified as being at risk of experiencing further child removals.
(2) In discharging their duty under subsection (1), the local authority must provide a range of services, including specialist therapeutic support, appropriate to the particular needs of the parent to reduce the risk of further child removals.”

Type: Opposition

Signatures: 3

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Baroness Bennett of Manor Castle (Green - Life peer)
Lord Farmer (Con - Life peer)

Member's explanatory statement

This amendment introduces a new clause which seeks to ensure that local authorities offer evidence based support to reduce the risk of a baby being removed from a mother who has already had a child or children removed from her care.

Amendment 170

This amendment was NOT MOVED

After Clause 26, insert the following new Clause—
“National capacity plan for children’s homes
(1) As soon as reasonably practicable after the end of each financial year, the Secretary of State must publish a national capacity plan for children’s homes.
(2) A national capacity plan under subsection (1) must include the following—
(a) the number of children looked after who are living in homes that are not in line with their care plan, or are living in distance placements due to a lack of local placements that are able to meet their needs;
(b) how far from their primary location those children are living and which terms of their care plan are not being met, if any;
(c) information about the total number of each type of care settings that are required to ensure that local authorities are meeting the requirements of Section 22G of the Children Act 1989 and the number of each type of setting by area;
(d) an assessment of the efficacy of the support that Government provided to local authorities to meet the requirements of Section 22G of the Children Act 1989, and to prevent children looked after being moved to distance placements;
(e) what support the Government will be providing to local authorities to address any deficiencies identified under subsection (2)(d) above to meet the requirements of Section 22G of the Children Act 1989, and to prevent children looked after being moved to distance placements.
(3) The Secretary of State may delegate the compilation of the national capacity plan under subsection (1).
(4) In subsection (2) the term “distance placements” means a placement for a child looked after by the local authority more than 20 miles from their home.”

Type: Backbencher

Signatures: 1

Baroness Cash (Con - Life peer)

Member's explanatory statement

This amendment seeks to introduce a national plan to ensure there are sufficient children’s homes in the right places for looked after children.

Amendment 171

This amendment was NOT MOVED

After Clause 26, insert the following new Clause—
“Bereavement support services for children
(1) The Secretary of State must by regulations establish a protocol for the collection and dissemination of information relating to bereavement support services for children.
(2) A protocol made under subsection (1) must—
(a) define the bereavement support services to which the protocol applies, which must include services provided by—
(i) local authorities,
(ii) NHS bodies, and
(iii) charities and other third sector organisations;
(b) place a duty on the Secretary of State to publish information, including online, about services to which the protocol applies;
(c) place a duty on specified public bodies and other persons to provide information to children about services to which the protocol applies, including—
(i) specialist services for children,
(ii) services provided online, and
(iii) accessible services for deaf and disabled children;
(d) where a duty under paragraph (c) applies, require the identification of children who may require a service to which the protocol applies.
(3) The Secretary of State must make regulations under this section by statutory instrument.
(4) A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before and approved by resolution of each House of Parliament.
(5) The Secretary of State must lay before Parliament a draft statutory instrument containing regulations under this section within 12 months of the day on which this Act is passed.”

Type: Backbencher

Signatures: 3

Baroness Bennett of Manor Castle (Green - Life peer)
Lord Farmer (Con - Life peer)
Baroness Finlay of Llandaff (XB - Life peer)

Member's explanatory statement

This new clause would place a duty on the Secretary of State to establish a protocol for the collection and dissemination of information about bereavement support services to children and young people.

Opposition Amendment 172

This amendment was NOT MOVED

After Clause 26, insert the following new Clause—
“Post-removal support for parents to prevent further removals (No. 2)
(1) Where a child—
(a) is removed from the care of a parent further to any order made pursuant to—
(i) section 31 of the Children Act 1989 (care and supervision orders),
(ii) section 22 of the Adoption and Children Act 2002 (placement orders),
(iii) section 46 of the Adoption and Children Act 2002 (adoption orders), or
(iv) section 14A of the Children Act 1989 (special guardianship orders), or
(b) becomes a looked after child further to an arrangement or order made pursuant to—
(i) section 20 of the Children Act 1989 (provision of accommodation for children: voluntary arrangements), or
(ii) section 25 of the Children Act 1989 (secure accommodation orders),
the local authority shall provide support to the parent, where the parent is identified as being at risk of experiencing further child removals.
(2) In discharging their duty under subsection (1), the local authority shall provide a range of services, including specialist therapeutic support, appropriate to the particular needs of the parent to reduce the risk of further child removals.”

Type: Opposition

Signatures: 3

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Lord Meston (XB - Excepted Hereditary)
Lord Hampton (XB - Excepted Hereditary)

Member's explanatory statement

This amendment introduces a new clause which seeks to ensure that local authorities offer evidence based support to reduce the risk of a child being removed from a mother who has already had a child or children removed from her care.

Amendment 173

This amendment was NOT MOVED

After Clause 26, insert the following new Clause—
“National neglect strategy
(1) The Secretary of State must prepare and publish a national neglect strategy that explores and addresses the causes and impacts of child neglect, for the purposes of ensuring that children do not experience neglect.
(2) In preparing a national neglect strategy the Secretary of State must consider what measures ought to be taken in each of the following areas—
(a) the sharing of local and national best practice in dealing with neglect as soon as it is identified;
(b) promoting awareness of child neglect to relevant public agencies;
(c) the provision of information, advice and training to professionals working with families on the presentation of neglect;
(d) the provision of local authorities in identifying and responding to neglect;
(e) the provision of information, advice and assistance to parents and the promotion of neglect awareness training to parents;
(f) reviewing the definition of neglect within statutory guidance, to ensure it is fit for purpose.
(3) When preparing the strategy, the Secretary of State must, in addition—
(a) consider which groups of children may be disproportionately affected by neglect;
(b) consider the likely impact on neglect of each measure within each of those groups;
(c) consider the role that socio-economic disadvantage has on levels of neglect;
(d) consult with local authorities and other relevant individuals and agencies, including children and families, to inform the strategy.”

Type: Backbencher

Signatures: 2

Baroness Tyler of Enfield (LD - Life peer)
Baroness Walmsley (LD - Life peer)

Member's explanatory statement

This amendment requires the Secretary of State to prepare a national neglect strategy to better understand and address the causes and impacts of child neglect, providing greater protection and support for children and families.

Amendment 174

This amendment was NOT MOVED

After Clause 26, insert the following new Clause—
“Prohibition of delivery of children’s social care services by for-profit companies
(1) Any new organisations created to deliver the provisions related to children’s social care in this Part must not be operated by for-profit companies.
(2) Within five years of the day on which this Act is passed the Secretary of State must ensure that any such organisations in the control of for-profit companies are transferred to not-for-profit or state entities.”

Type: Backbencher

Signatures: 1

Baroness Bennett of Manor Castle (Green - Life peer)

Member's explanatory statement

This amendment seeks to remove the profit motive from children’s social care services covered by this Part.

Amendment 175

This amendment was NOT MOVED

After Clause 26, insert the following new Clause—
“Holiday meals and activity programmes for pupils in receipt of free school meals
(1) A local authority must—
(a) provide, or
(b) coordinate the provision of programmes which provide
free meals and activities to relevant children during school holidays.
(2) For the purposes of this section, “relevant children” means children in receipt of free school meals.
(3) The Secretary of State may, by regulations made by statutory instrument—
(a) specify minimum standards for meals and activities during school holidays;
(b) specify criteria that organisations involved in the delivery of meals and activities during school holidays must meet.
(4) A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.”

Type: Backbencher

Signatures: 2

Baroness Bennett of Manor Castle (Green - Life peer)
Baroness Boycott (XB - Life peer)

Member's explanatory statement

This new clause would place a duty on local authorities to provide or coordinate free meals and activities for children eligible for free school meals during school holidays.

Opposition Amendment 176

This amendment was NOT MOVED

After Clause 26, insert the following new Clause—
“Impact assessment: weekend jobs
(1) The Secretary of State must carry out an assessment of the likely impact of section 26 (Employment of children in England) on the ability of children to get employment during the weekend.
(2) The Secretary of State must lay a report setting out the findings of the assessment before each House of Parliament.”

Type: Opposition

Signatures: 2

Baroness Stedman-Scott (Con - Life peer)

Opposition Whip (Lords)

Earl of Effingham (Con - Excepted Hereditary)

Opposition Whip (Lords)

Opposition Amendment 178

This amendment was NOT MOVED

After Clause 26, insert the following new Clause—
“Fosters carers’ delegated authority for children in their care
(1) Where a child (“C”) who is looked after by the local authority is placed with a foster parent (“F”) by a local authority, F may make decisions on C’s behalf in relation to the matters set out in subsection (2) where C’s placement plan does not specify an alternative decision maker.
(2) The matters referred to in subsection (1) are—
(a) medical and dental treatment,
(b) education,
(c) leisure and home life,
(d) faith and religious observance,
(e) use of social media,
(f) personal care, and
(g) any other matters which F considers appropriate.”

Type: Opposition

Signatures: 1

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Member's explanatory statement

This amendment seeks to ensure that foster carers have a clear delegated authority to make the day to day decisions in a child’s life.

Amendment 179

This amendment was WITHDRAWN

After Clause 26, insert the following new Clause—
“English local authorities: duties relating to Start for Life offer
(1) An English local authority must publish a Start for Life offer for its area on its website under the heading “Start for Life”.
(2) A “Start for Life offer” for an English local authority’s area is information about the following services that the authority is aware are available in its area for infants, parents, or carers of infants—
(a) health visiting services provided by or on behalf of a public authority;
(b) services promoting positive relationships between infants and their parents or carers provided by or on behalf of a public authority;
(c) breastfeeding and other infant feeding services provided by or on behalf of a public authority;
(d) mental health services provided by or on behalf of a public authority;
(e) such other kinds of services that are—
(i) likely to support infants, parents, or carers of infants, and
(ii) provided by or on behalf of a public authority, as the Secretary of State may specify by regulations made by statutory instrument;
(f) such services that are likely to support infants, parents, or carers of infants being—
(i) services of a kind mentioned in paragraphs (a) to (e) provided other than by or on behalf of a public authority, or
(ii) other services, whether or not provided by or on behalf of a public authority, as the local authority considers it appropriate to include information about in the Start for Life offer for its area.
(4) An English local authority must also—
(a) publish a Start for Life offer for its area by any other means it considers appropriate,
(b) take such steps as it considers appropriate to bring the Start for Life offer to the attention of parents and carers of infants in its area, and
(c) take such steps as are reasonably practicable to ensure that the Start for Life offer is kept up to date.
(5) An English local authority must have regard to guidance published by the Secretary of State under section (Guidance) when complying with its duties under this section.
(6) A statutory instrument containing regulations under subsection (2)(e) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.”

Type: Backbencher

Signatures: 1

Lord Farmer (Con - Life peer)

Member's explanatory statement

This and the following four clauses require local authorities to make information available about support for infants, parents and carers of infants and include reporting requirements relating to such support, to help ensure children's safety and well-being in the critical first two years of life.

Amendment 180

This amendment was NOT MOVED

After Clause 26, insert the following new Clause—
“Guidance
(1) The Secretary of State must publish guidance to English local authorities relating to their duties under section (English local authorities: duties relating to Start for Life offer).
(2) Before publishing guidance under subsection (1), and any revisions to the guidance that the Secretary of State considers substantive, the Secretary of State must consult—
(a) English local authorities, and
(b) such other persons as the Secretary of State considers appropriate.
(3) If—
(a) consultation was undertaken during a period before the day (“The commencement day”) on which this section comes into force (including during a period that occurred before the day on which this Act is passed), and
(b) the consultation would to any extent have satisfied subsection (2) had it occurred on or after the commencement day,
then, on the commencement day, the consultation is taken to satisfy subsection (2) to that extent.”

Type: Backbencher

Signatures: 1

Lord Farmer (Con - Life peer)

Amendment 181

This amendment was NOT MOVED

After Clause 26, insert the following new Clause—
“Secretary of State’s duty to report
(1) The Secretary of State must publish a report each year relating to support available in England for infants, parents and carers of infants.
(2) The report must include—
(a) an overview of support that is available for such persons through services of the kind covered by section (English local authorities: duties relating to Start for Life offer)(2)(a) to (f), and
(b) such other information as the Secretary of State considers is appropriate to include in the report (for example, information about any impacts of support on outcomes for such persons, or steps that are being taken in relation to the collection of information relating to such impacts).
(3) A report under subsection (1) must be published on a government website as soon as reasonably practicable after 1 April in the relevant year.”

Type: Backbencher

Signatures: 1

Lord Farmer (Con - Life peer)

Amendment 182

This amendment was NOT MOVED

After Clause 26, insert the following new Clause—
“Data protection
(1) Sections (English local authorities: duties relating to Start for Life offer) and (Secretary of State’s duty to report) do not require a publication of information if the publication would contravene the data protection legislation (but in determining whether the publication would do so, take into account the duties imposed by those sections).
(2) In subsection (1), “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3(9) of that Act).”

Type: Backbencher

Signatures: 1

Lord Farmer (Con - Life peer)

Amendment 183

This amendment was NOT MOVED

After Clause 26, insert the following new Clause—
“Interpretation
(1) In sections (English local authorities: duties relating to Start for Life offer) and (Guidance)—
“English local authority” means—
(a) a county council in England,
(b) a district council for an area in England for which there is no county council,
(c) a London borough council,
(d) the Common Council of the City of London in its capacity as a local authority, or
(e) the Council of the Isles of Scilly;
“infant” means a child under the age of two years.
(2) In section (English local authorities: duties relating to Start for Life offer), a service is “provided by or on behalf of a public authority” if—
(a) the service is provided by or on behalf of a person who has a function of a public nature, and
(b) the service is provided in the performance of that function.”

Type: Backbencher

Signatures: 1

Lord Farmer (Con - Life peer)

Amendment 183A

This amendment was NOT MOVED

After Clause 26, insert the following new Clause—
“Equalising Universal Credit
(1) The Universal Credit Regulations 2013 (S.I. 2013/376) are amended as follows.
(2) In regulation 36 (table showing amounts of elements), under “Standard allowance”—
“(a) after “single claimant aged under 25” insert “, other than a care leaver”, and
(b) after “single claimant aged 25 or over” insert “or a care leaver aged under 25”.””

Type: Backbencher

Signatures: 1

Lord Bishop of Manchester (Bshp - Bishops)

Member's explanatory statement

This amendment would amend the Universal Credit Regulations 2013 to increase the standard allowance entitlement of universal credit for individuals leaving care once they turn 18 to match the amount available to claimants aged 25 or over.

Amendment 183B

This amendment was NOT MOVED

After Clause 26, insert the following new Clause—
“Strategy for early childhood development and school readiness
(1) The Secretary of State must prepare and publish a national strategy to promote the health, development, and school readiness of all children from birth to the age of five.
(2) The strategy under section (1) must include—
(a) delivery of the Healthy Child Programme (0–5 years) whether by placing on a statutory footing or otherwise to provide at least the following five developmental reviews—
(i) an antenatal health promoting visit;
(ii) a new baby review (10–14 days);
(iii) a 6–8 week review;
(iv) a 1-year review;
(v) a 2–2½ year review;
(b) the means to ensure children identified as at risk of developmental delay, neglect, or early adversity through the mandated reviews are referred to appropriate early intervention services without delay;
(c) the integration and sharing of data between health visiting, maternity, general practice, early years education, and safeguarding services;
(d) support for children’s development in the early years through access to high-quality early education and care, including in maintained, private, and voluntary sector settings;
(e) support for parents and carers through accessible information, advice, and locally commissioned services from the birth of their child to school entry;
(f) improved coordination between health, early years, social care and education professionals through multi-agency working at local level;
(g) the establishment of a national early years data and monitoring system to enable anonymised tracking of—
(i) coverage and completion rates of developmental reviews;
(ii) key indicators of child development and school readiness;
(iii) patterns of referral and access to early intervention services;
(h) reduction of inequalities in early childhood development and improved access to support for children from all socioeconomic and ethnic backgrounds.
(3) The Secretary of State must lay before Parliament an annual report on the implementation of this strategy, including—
(a) progress made in delivering the Healthy Child Programme or equivalent programme nationally;
(b) developmental and school readiness outcomes at age 5, disaggregated by region and demographic group;
(c) an assessment of workforce capacity and local delivery arrangements for the reviews and support under this clause;
(d) any disparities or deficiencies in service access or outcomes.
(4) For the purposes of this section, “school readiness” includes a child’s ability, by the beginning of the academic year in which they turn five, to—
(a) manage basic personal needs including toileting, handwashing, and eating with minimal assistance;
(b) understand and follow simple instructions in a structured environment;
(c) express themselves using age-appropriate spoken language or alternative communication;
(d) regulate their emotions and behaviour in a way appropriate for learning with peers;
(e) sustain attention and participate in group activities for short periods;
(f) engage in cooperative play and early social interaction;
(g) demonstrate emerging fine and gross motor skills, including early mark-making, drawing, or movement.”

Type: Backbencher

Signatures: 1

Baroness Cash (Con - Life peer)

Member's explanatory statement

This clause introduces a duty on the Secretary of State to review and improve the national infrastructure for early childhood development monitoring and support to ensure that every child receives regular checks in their first five years and that local systems are better integrated to support school readiness.

Opposition Amendment 183C

This amendment was WITHDRAWN

After Clause 26, insert the following new Clause—
“Court ordered reports
Any court ordered report produced for the purposes of either private or public law cases in family court proceedings under the Children Act 1989 must be done by a qualified social worker.”

Type: Opposition

Signatures: 1

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Member's explanatory statement

This amendment seeks to ensure that all court ordered reports are produced by qualified social workers, for example those under Section 7 of the Children Act 1989.

Amendment 183CA

This amendment was NOT MOVED

After Clause 26, insert the following new Clause—
“Guidance on the use of screens and technology in early years settings
(1) The Secretary of State must, within six months of the day on which this Act is passed, update the early years foundation stage statutory framework for children aged 0-5 in early years settings to include guidance on the appropriate and safe use of screens and technology in early years settings.
(2) The guidance must include recommendations concerning—
(a) limits for screen time for children (specific to their age) in early years settings;
(b) safeguarding policies for the use of personal devices and other screens in early years settings;
(c) any benefits, harms or risk of harm associated with the exposure of children of differing ages to personal devices and other screens in early years settings;
(d) any benefits, harms or risk of harms associated specifically with the exposure of children with special educational needs or disabilities to personal devices and other screens in early years settings;
(e) any other positive or negative effects associated with the use or presence of personal devices for early years development and play;
(f) the balancing of screen-based and non-digital activities for children in early years settings.”

Type: Backbencher

Signatures: 4

Baroness Penn (Con - Life peer)
Lord Russell of Liverpool (XB - Excepted Hereditary)
Baroness Kidron (XB - Life peer)
Baroness Cass (XB - Life peer)

Amendment 183CB

This amendment was NOT MOVED

After Clause 26, insert the following new Clause—
“Public information campaign on the use of screens and technology for children aged 0-5
(1) The Secretary of State must, within twelve months of the day on which this Act is passed, establish a public information campaign concerning the impact of screen time on the wellbeing of children aged 0-5.
(2) The campaign must include, but is not limited to—
(a) guidance on the impact of screens on whole child health, both immediate and long term, including—
(i) cognitive,
(ii) social,
(iii) eyesight,
(iv) neurodevelopmental,
(v) speech, and
(vi) language issues.
(b) clear recommended boundaries on appropriate screen time limits for children, including times and places that should be screen-free, such as mealtimes and bedtimes;
(c) the impact of carers' usage of personal devices and screens on child development;
(d) guidance on the importance of screen-free time, outside time and child and parent interaction with examples of alternatives, such as—
(i) bedtime stories,
(ii) helping with chores, and
(iii) interacting with the environment;
(e) guidance that digital "educational" apps are not necessary for healthy development, and the risks of screen usage for young children still apply when using these apps.”

Type: Backbencher

Signatures: 4

Baroness Penn (Con - Life peer)
Lord Russell of Liverpool (XB - Excepted Hereditary)
Baroness Kidron (XB - Life peer)
Baroness Cass (XB - Life peer)

Amendment 183CC

This amendment was WITHDRAWN

After Clause 26, insert the following new Clause—
Review: child maintenance enforcement
(1) Within 12 months of the day on which this Act is passed, the Secretary of State must publish a review considering whether the overall wellbeing of children is being harmed by the non-commencement of section 34 of the Child Maintenance and Other Payments Act 2008 (transfer of arrears) and the uncommenced sections of both the Child Support Collection (Domestic Abuse) Act 2023 and the Child Support (Enforcement) Act 2023.
(2) If the review considers that the overall wellbeing of children is being harmed by the non-commencement of those provisions, the Secretary of State must, within two months of the publication of the review, make a statement setting out the Government’s position on the commencement of those provisions.”

Type: Backbencher

Signatures: 1

Baroness Coffey (Con - Life peer)

Amendment 183CD

This amendment was WITHDRAWN

After Clause 26, insert the following new Clause—
“Early intervention and screening at first contact with the justice system
(1) Within two years of the day on which this Act is passed, the Secretary of State must publish a strategy to protect and promote the wellbeing of children in police custody.
(2) The strategy must set out—
(a) steps which should be taken to ensure that all children taken into police custody are screened for SEND and neurodivergence using a nationally approved methodology,
(b) the accredited training police officers and legal representatives of the children must complete to support the child’s wellbeing and to aid recognition of SEND and neurodivergence,
(c) mandatory access to sources of wellbeing support during any police interview, and
(d) minimum standards for the treatment and conditions of children detained in police custody.”

Type: Backbencher

Signatures: 1

Lord Carlile of Berriew (XB - Life peer)

Amendment 183D

This amendment was NOT MOVED

Clause 27, page 45, line 29, at end insert “and for all pupils attending special schools”

Type: Backbencher

Signatures: 1

Lord Watson of Invergowrie (Lab - Life peer)

Member's explanatory statement

This amendment would require the delivery of school breakfast provision to all pupils in special schools, regardless of their age.

Amendment 184

This amendment was NOT MOVED

Clause 27, page 45, line 29, at end insert—
“(1A) The Secretary of State must make arrangements to underwrite the full cost impact of the provision in subsection (1), including—
(a) recompense for teachers’ directed time diverted from teaching,
(b) additional non-teaching staff required for catering and supervision, and
(c) the cost of good quality ingredients to ensure that the meals are nutritious.”

Type: Backbencher

Signatures: 1

Lord Agnew of Oulton (Con - Life peer)

Member's explanatory statement

This amendment seeks to ensure that the Secretary of State underwrites the cost of providing free breakfast club provision.

Amendment 185

This amendment was NOT MOVED

Clause 27, page 45, line 35, at end insert “and,
(c) the provision before the start of the first school session on each school day of voluntary activities known to improve wellbeing, including—
(i) community sports programmes,
(ii) art, music and cultural activities, and
(iii) youth clubs and mentoring.
(2A) When providing voluntary activities in subsection (2)(c), schools must—
(a) identify and engage with local voluntary and community organisations,
(b) ensure pupils and families are informed about available opportunities, and
(c) consider access and inclusion for disadvantaged or vulnerable pupils.”

Type: Backbencher

Signatures: 1

Lord Addington (LD - Excepted Hereditary)

Amendment 185A

This amendment was NOT MOVED

Clause 27, page 45, line 35, at end insert “and,
(c) the provision of activities consisting of physical activity which contributes to the UK Chief Medical Officers' Physical Activity Guidelines before the start of the first school session on each school day.”

Type: Backbencher

Signatures: 1

Lord Moynihan (Con - Excepted Hereditary)

Amendment 186

This amendment was NOT MOVED

Clause 27, page 46, line 10, at end insert—
“(5A) The appropriate authority must take all reasonable measures to ensure that provision under this section is accessible to all qualifying pupils with special educational needs or who are disabled.
(5B) In the case of a child who has special educational needs or is disabled, the local authority who is responsible for that child must co-operate with the appropriate authority in discharging its duties under this section in respect of that child.
(5C) Co-operation under subsection (5B) must include, but not be limited to—
(a) ensuring that any provision of home to school transport for that child is scheduled so that the child can attend the breakfast club, and
(b) reviewing any Education, Health and Care Plan to ensure that appropriate support is in place to enable the child to attend the breakfast club.
(5D) Where a child is receiving education otherwise than at school but would have been a qualifying pupil were they attending school, the local authority who is responsible for that child must endeavour to make arrangements for breakfast provision for that child, taking into account any guidance issued by the Secretary of State.”

Type: Backbencher

Signatures: 2

Lord Holmes of Richmond (Con - Life peer)
Baroness Grey-Thompson (XB - Life peer)

Amendment 186A

This amendment was NOT MOVED

Clause 27, page 46, line 30, at end insert—
““special schools” has the meaning set out in section 337 of the Education Act 1996.”

Type: Backbencher

Signatures: 1

Lord Watson of Invergowrie (Lab - Life peer)

Member's explanatory statement

This amendment defines special schools and is consequential on another amendment to clause 27 in the name of Lord Watson of Invergowrie.

Opposition Amendment 186B

This amendment was NOT MOVED

Clause 27, page 47, line 10, leave out from “may” to “by” in line 11

Type: Opposition

Signatures: 2

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Earl of Effingham (Con - Excepted Hereditary)

Opposition Whip (Lords)

Member's explanatory statement

This probing amendment would allow the Secretary of State to lift the duty to provide free breakfast clubs on schools by notice without prior application from the appropriate authority of a relevant school.

Opposition Amendment 186C

This amendment was NOT MOVED

Clause 27, page 47, line 17, at end insert—
“(c) teachers at the relevant schools.”

Type: Opposition

Signatures: 2

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Earl of Effingham (Con - Excepted Hereditary)

Opposition Whip (Lords)

Amendment 187

This amendment was NOT MOVED

Clause 27, page 47, line 35, at end insert—
“551CA Promotion of supplementary models of breakfast club provision
The Secretary of State must seek to promote and support the development of supplementary models of breakfast club provision where appropriate, including—
(a) classroom based provision,
(b) nurture group services, and
(c) any other model that the Secretary of State reasonably considers to have added benefits beyond the provision of food.”

Type: Backbencher

Signatures: 1

Baroness Lister of Burtersett (Lab - Life peer)

Member's explanatory statement

This amendment would require the Secretary of State to promote supplementary models of school breakfast provision.

Amendment 187A

This amendment was NOT MOVED

Clause 27, page 48, line 10, at end insert—
“551E Publication of data
The Secretary of State must acquire and regularly publish data on breakfast club provision in schools, including data on—
(a) characteristics of those receiving breakfast in schools (including eligibility for free school meals);
(b) uptake levels;
(c) satisfaction levels amongst pupils and parents;
(d) any assessment of the impact of provision on attendance, behaviour, health and wellbeing.”

Type: Backbencher

Signatures: 1

Lord Watson of Invergowrie (Lab - Life peer)

Member's explanatory statement

This amendment would require the Secretary of State to acquire and regularly publish data on breakfast club provision in schools.

Opposition Amendment 187B

This amendment was NOT MOVED

After Clause 27, insert the following new Clause—
“Impact assessment on the provision of longer breakfast clubs
Within six months of the day on which this Act is passed, the Secretary of State must publish an impact assessment on the impact of the changes made by section 27 on the provision of paid breakfast clubs of more than 30 minutes in length.”

Type: Opposition

Signatures: 2

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Earl of Effingham (Con - Excepted Hereditary)

Opposition Whip (Lords)

Member's explanatory statement

This amendment seeks to require an impact assessment to see how the introduction of a 30 minute free breakfast club will impact the existing longer paid breakfast clubs used by working parents.

Amendment 188

This amendment was WITHDRAWN BEFORE DEBATE

[Withdrawn]
After Clause 28, insert the following new Clause—
“Free school meals: provision and eligibility
Section 512ZB of the Education Act 1996 (provision of free school lunches and milk) is amended as follows—
(a) after subsection (4)(c), insert—
“(ca) C meets any conditions prescribed for the purposes of this paragraph and belongs to a household whose income is less than £20,000 per year after tax.”
(b) after paragraph (4B), insert—
“(4BA) The Secretary of State must ensure that free school meals are provided to all children in England who are eligible to receive free school meals.”.”

Type: Backbencher

Signatures: 4

Baroness Walmsley (LD - Life peer)
Baroness Lister of Burtersett (Lab - Life peer)
Lord Mohammed of Tinsley (LD - Life peer)
Baroness Cass (XB - Life peer)

Member's explanatory statement

This amendment would expand eligibility for free school meals for children from families earning less than £20,000 after tax.

Amendment 189

This amendment was WITHDRAWN

After Clause 28, insert the following new Clause—
“Review of free school meal eligibility and pupil premium registration
(1) The Secretary of State must, within six months of the day on which this Act is passed, conduct a review of—
(a) the number of children in England who are eligible for free school meals but are not claiming them,
(b) the number of children who are eligible for free school meals but are not registered for the purposes of pupil premium funding,
(c) the number of additional children who would be eligible for free school meals if the income thresholds had been uprated in line with inflation since 2018, and
(d) the number of additional children who would be eligible for free school meals if the income thresholds were set at £20,000 per annum after tax.
(2) A review under subsection (1) must include an assessment of—
(a) barriers preventing eligible children from claiming free school meals,
(b) disparities in take-up rates across different regions and demographics, and
(c) the financial and educational impact of under-registration on schools and local authorities.
(3) The Secretary of State must lay a report before Parliament setting out the findings of the review, including any recommendations for improving registration for and take-up of free school meals and pupil premium funding.
(4) The review and report required under this section must be repeated annually.”

Type: Backbencher

Signatures: 4

Baroness Walmsley (LD - Life peer)
Baroness Lister of Burtersett (Lab - Life peer)
Lord Mohammed of Tinsley (LD - Life peer)
Baroness Cass (XB - Life peer)

Member's explanatory statement

This amendment requires a review of free school meal eligibility and pupil premium registration.

Amendment 190

This amendment was NOT MOVED

After Clause 28, insert the following new Clause—
“School food improvement scheme
(1) Within 12 months of the day on which this Act is passed, the Secretary of State must review the national school food standards, including breakfasts, and institute a scheme for monitoring compliance with the standards in England, and supporting schools and school caterers in England to meet those standards (‘the national school food improvement scheme’).
(2) The purpose of the national school food improvement scheme will be to determine whether applicable food standards duties are being met in the provision of all food in schools in England and to assist schools and school caterers in meeting applicable food standards duties in England.
(3) The national school food improvement scheme may from time to time publish reports highlighting achievements, sharing successful approaches, and offering guidance as it sees fit relating to school food standards in England.”

Type: Backbencher

Signatures: 2

Baroness Walmsley (LD - Life peer)
Baroness Cass (XB - Life peer)

Member's explanatory statement

This new clause would improve the national school food standards and establish a national school food improvement scheme, to ensure that the breakfast club provision included within this Bill, along with all other school food, follows school food standards, and to support schools to meet those standards.

Amendment 191

This amendment was NOT MOVED

After Clause 28, insert the following new Clause—
“Auto-enrolment for free school meals
After section 512ZA of the Education Act 1996 (power to charge for meals etc.) insert—
“512ZAA Identification of children eligible for free school meals
(1) The Secretary of State must identify all children eligible for free school meals in England.
(2) A child’s eligibility for free school meals is not dependent on any application having been made for free school meals on their behalf.
(3) Where a child has been identified as eligible for free school meals, the Secretary of State must provide for this information to be shared with—
(a) the school at which the child is registered, and
(b) the relevant local education authority.
(4) Where a school has been informed that a child on its pupil roll is eligible for free school meals, the school must provide that child with a free school meal.
(5) A local education authority must provide the means for a parent or guardian of a child who has been identified as eligible for free school meals to opt out of the provision of a free school meal under subsection (4).””

Type: Backbencher

Signatures: 2

Baroness Bennett of Manor Castle (Green - Life peer)
Baroness Lister of Burtersett (Lab - Life peer)

Member's explanatory statement

This new clause would place a duty on the Secretary of State to proactively identify all children eligible for free school meals in England, making the application process for free school meals opt-out rather than opt-in.

Amendment 192

This amendment was NOT MOVED

After Clause 28, insert the following new Clause—
“Free school meals for all primary school pupils
(1) Section 512ZB of the Education Act 1996 (provision of free school lunches and milk) is amended as follows.
(2) In paragraph (4A)(b), after “year 2” insert “, year 3, year 4, year 5, year 6”.
(3) In subsection (4C), after the definition of “year 2” insert—
““year 3” means a year group in which the majority of children will, in the school year, attain the age of 8;
“year 4” means a year group in which the majority of children will, in the school year, attain the age of 9;
“year 5” means a year group in which the majority of children will, in the school year, attain the age of 10;
“year 6” means a year group in which the majority of children will, in the school year, attain the age of 11.””

Type: Backbencher

Signatures: 2

Baroness Bennett of Manor Castle (Green - Life peer)
Baroness Lister of Burtersett (Lab - Life peer)

Member's explanatory statement

This new clause would extend free school lunches to all primary school age children in state funded schools.

Amendment 193

This amendment was NOT MOVED

After Clause 28, insert the following new Clause —
“Registration of children eligible for free school meals
After section 512ZA of the Education Act 1996 (power to charge for meals etc.) insert—
“512ZAA Registration of children eligible for free school meals
The Secretary of State must ensure that free school meals are provided to—
(a) all children in England who are eligible to receive free school meals, and
(b) all children whose household income is less than £20,000 per year.””

Type: Backbencher

Signatures: 4

Baroness Walmsley (LD - Life peer)
Baroness Lister of Burtersett (Lab - Life peer)
Lord Mohammed of Tinsley (LD - Life peer)
Baroness Cass (XB - Life peer)

Member's explanatory statement

This amendment ensures auto-enrolment to free school meals for eligible children.

Amendment 194

This amendment was NOT MOVED

After Clause 28, insert the following new Clause—
“School food standards: breakfasts and lunch
The Secretary of State must—
(a) update the school food standards to ensure that—
(i) a variety of fruit is made available at both breakfast and lunchtime;
(ii) no food, condiment or spread is served at either breakfast or lunch that contains more than 5g of sugar per 100g;
(iii) two portions of vegetables are served with every lunch;
(iv) only water, dairy milk, or non-sweetened plant-based milk drinks are served at both breakfast and lunch;
(b) update the school food standards annually to ensure they—
(i) conform to the most recent nutritional advice according to the Scientific Advisory Committee on Nutrition;
(ii) have regard to the country’s sustainability and food security needs.”

Type: Backbencher

Signatures: 4

Baroness Boycott (XB - Life peer)
Lord Brooke of Alverthorpe (Lab - Life peer)
Baroness Suttie (LD - Life peer)

Liberal Democrat Lords Spokesperson (Northern Ireland)

Baroness Walmsley (LD - Life peer)

Amendment 195

This amendment was WITHDRAWN

Clause 29, page 49, leave out lines 9 to 16 and insert—
“(1) The appropriate authority of a relevant school in England may not require a pupil at the school to have to buy branded items of school uniform for use during a school year which cost more in total to purchase than a specified monetary amount, to be reviewed annually.
(1A) The Secretary of State may by regulations specify the monetary amount that may apply to—
(a) a primary pupil, and
(b) a secondary pupil.
(1B) A statutory instrument containing regulations under subsection (1A) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.”

Type: Backbencher

Signatures: 1

Lord Mohammed of Tinsley (LD - Life peer)

Member's explanatory statement

This amendment imposes a monetary cap, rather than an item cap, on branded uniform items.

Opposition Amendment 195A

This amendment was NOT MOVED

Clause 29, page 49, line 10, leave out “have” and insert “buy”

Type: Opposition

Signatures: 1

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Member's explanatory statement

This amendment would enable schools to require pupils to wear more than three branded items of school uniform as long as parents have not had to pay for them.

Opposition Amendment 195B

This amendment was NOT MOVED

Clause 29, page 49, line 13, leave out “have” and insert “buy”

Type: Opposition

Signatures: 1

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Member's explanatory statement

This amendment would enable schools to require pupils to wear more than three branded items of school uniform as long as parents have not had to pay for them.

Amendment 196

This amendment was NOT MOVED

Clause 29, page 49, line 14, leave out “three” and insert “five”

Type: Backbencher

Signatures: 1

Lord Hampton (XB - Excepted Hereditary)

Member's explanatory statement

This amendment raises the item limit on branded secondary school uniform that a school can mandate from three to five items.

Amendment 197

This amendment was NOT MOVED

Clause 29, page 49, line 15, leave out “four” and insert “six”

Type: Backbencher

Signatures: 1

Lord Hampton (XB - Excepted Hereditary)

Member's explanatory statement

This amendment raises the item limit on branded secondary school uniform that a school can mandate from four to six items when including a tie.

Amendment 197A

This amendment was NOT MOVED

Clause 29, page 49, line 16, at end insert—
“unless the branded item of school uniform has been provided or lent to the primary pupil or the secondary pupil free of charge by the appropriate authority or by anyone else.”

Type: Backbencher

Signatures: 1

Lord Young of Acton (Con - Life peer)

Member's explanatory statement

The amendment would exclude from the restriction on branded clothing items of school uniform which have been provided or lent to a pupil free of charge.

Opposition Amendment 198

This amendment was NOT MOVED

Clause 29, page 49, line 18, at end insert—
“(2A) Where the appropriate authority of a relevant school provides second-hand branded items which—
(a) comply with the school’s uniform requirements,
(b) are in an acceptable condition, and
(c) can be purchased for significantly less than the cost of buying the item new,
the appropriate authority may require a pupil to have more than three branded items of uniform.
(2B) Where the appropriate authority provides branded items which—
(a) comply with the school’s uniform requirements,
(b) are new, and
(c) can be purchased for significantly less than the cost of buying the item non-branded,
the appropriate authority may require a pupil to have more than three branded items of uniform.”

Type: Opposition

Signatures: 1

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Member's explanatory statement

This amendment seeks to allow schools to require more than three branded items of uniform if they are making them available, whether new or second-hand, at a lower cost than buying non-branded items.

Opposition Amendment 199

This amendment was NOT MOVED

Clause 29, page 49, line 27, at end insert “except items of kit required when representing the school in sporting activities”

Type: Opposition

Signatures: 1

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Member's explanatory statement

This amendment seeks to exclude items of PE kit required when representing the school in sporting activities from the limit on branded items of school uniform.

Amendment 199ZA

This amendment was NOT MOVED

Clause 29, page 49, line 27, at end insert “except items of kit required for sporting activities”

Type: Backbencher

Signatures: 2

Baroness Sater (Con - Life peer)
Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Member's explanatory statement

This amendment seeks to exclude items of PE kit from the limit on branded items of school uniform.

Amendment 199A

This amendment was WITHDRAWN BEFORE DEBATE

[Withdrawn]
Clause 29, page 50, line 25, at end insert—
“(5) After section 551A, insert—
“Regulations for levels of PFAS chemicals and transparency
551B School uniforms: transparency and materials
(1) The Secretary of State must, within three months of the day on which the Children’s Wellbeing and Schools Act 2025 comes into force, issue regulations to—
(a) ban the use of PFAS in school uniforms;
(b) require producers of school uniforms to provide a digital product passport listing the chemicals in the product to enable safe end of life disposal or recycling.
(2) The ban in section (1)(a) must set the limit for residual PFAS in textiles to no more than 50 mg F/kg (50 ppm).
(3) in this section—
“PFAS” means per- and polyfluoroalkyl substances as defined and listed by the Organisation for Economic Co-operation and Development (OECD);
“School uniforms” has the same meaning as in section 29(3) and (4).””

Type: Backbencher

Signatures: 2

Baroness Parminter (LD - Life peer)
Baroness Boycott (XB - Life peer)

Member's explanatory statement

This amendment would ensure that branded school uniform items do not contain PFAS chemicals, and would require producers of non-branded school uniform items to state whether any PFAS chemicals have been used, and to provide a digital product passport to improve the recyclability of school uniform products.

Amendment 200

This amendment was NOT MOVED

Leave out Clause 29, and insert the following new Clause—
“School uniforms
(1) Members of academy trusts must oversee the cost of school uniforms and all other apparel that is needed by pupils in their school in the course of an academic year.
(2) Members of academy trusts must require that the board of the academy trust that they oversee produces an annual report on—
(a) the cost of this uniform and apparel,
(b) what actions are being taken to minimise the cost of this uniform and apparel, and
(c) how effective the academy board has been in administering its duties in relation to uniform and apparel.
(3) The report in subsection (2) must be published on the Academy Trust website within 14 days of its submission to the members by the board.
(4) The Director of Children’s Services must oversee the cost of school uniforms and all other apparel that is needed by pupils in the local authority schools for which they have responsibility in the course of an academic year.
(5) Academy trusts or local authority schools must maintain and publish information on the cost of specific apparel needed by pupils in its schools.”

Type: Backbencher

Signatures: 1

Lord Agnew of Oulton (Con - Life peer)

Member's explanatory statement

This amendment seeks to increase scrutiny and transparency in relation to the cost of bespoke uniform and apparel required by schools.

Amendment 201

This amendment was NOT MOVED

After Clause 29, insert the following new Clause—
“VAT zero-rating for certain items of school uniform
(1) The Secretary of State must, within six months of the day on which this Act is passed, make provision by regulations for certain items of school uniform to be zero-rated for the purposes of VAT.
(2) For the purposes of this section, “certain items of school uniform” means items of school uniform for pupils up to the age of 16.
(3) A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.”

Type: Backbencher

Signatures: 2

Lord Mohammed of Tinsley (LD - Life peer)
Lord Bishop of Manchester (Bshp - Bishops)

Member's explanatory statement

This amendment makes provision for certain items of school uniform to be zero-rated for the purposes of VAT.

Amendment 202

This amendment was NOT MOVED

After Clause 29, insert the following new Clause—
“School uniforms: second-hand provision
(1) The appropriate authority of a relevant school must provide access to second hand items of school uniform.
(2) In this section, “the appropriate authority” means—
(a) in relation to an Academy school, an alternative provision Academy, a non-maintained special school, a city technology college or a city college for the technology of the arts, the proprietor;
(b) in relation to a maintained school, the governing body;
(c) in relation to a pupil referral unit, the local authority.”

Type: Backbencher

Signatures: 1

Baroness Parminter (LD - Life peer)

Amendment 202A

This amendment was NOT MOVED

After Clause 29, insert the following new Clause—
“School uniforms: transparency and materials
After section 551ZA of the Education Act 1996, insert—
“Regulations for levels of PFAS chemicals and transparency
551ZB School uniforms: transparency and materials
(1) The Secretary of State must, within three months of the day on which the Children’s Wellbeing and Schools Act 2025 comes into force, issue regulations to—
(a) ban the use of PFAS in school uniforms;
(b) require producers of school uniforms to provide a digital product passport listing the chemicals in the product to enable safe end of life disposal or recycling.
(2) The ban in section (1)(a) must set the limit for residual PFAS in textiles to no more than 50 mg F/kg (50 ppm).
(3) in this section—
“PFAS” means per- and polyfluoroalkyl substances as defined and listed by the Organisation for Economic Co-operation and Development (OECD);
“School uniforms” has the same meaning as in section 29(3) and (4).””

Type: Backbencher

Signatures: 3

Baroness Parminter (LD - Life peer)
Baroness Boycott (XB - Life peer)
Baroness Bennett of Manor Castle (Green - Life peer)

Member's explanatory statement

Amendment 202B

This amendment was NOT MOVED

After Clause 29, insert the following new Clause—
“Uniform safety: regulations and requirements
After section 551ZA of the Education Act 1996, insert—
“551ZB Uniform safety: regulations and requirements
Within one year of the day on which the Children’s Wellbeing and Schools Act 2025 is passed, the Secretary of State must, by regulation, make provision to reduce risks of school uniform items if, when used as intended or under conditions which can reasonably be foreseen, they could—
(a) endanger the health or safety of persons, or
(b) cause unreasonable public health or environmental health risk.””

Type: Backbencher

Signatures: 1

Baroness Bennett of Manor Castle (Green - Life peer)

Member's explanatory statement

This amendment seeks to allow the Secretary of State to regulate school uniforms, given the human and environmental health risks they represent from artificial fibres and chemical constituents.

Amendment 202C

This amendment was WITHDRAWN

Clause 30, page 50, line 32, leave out “withdraw the child from school” and insert “remove the child’s name from the school roll”

Type: Backbencher

Signatures: 2

Lord Frost (Con - Life peer)
Lord Wei (Con - Life peer)

Member's explanatory statement

This is a probing amendment seeking to establish how these provisions would relate to flexischooling children, that is, children who are not full-time in school with the agreement of their school and therefore remain on the school roll.

Amendment 203A

This amendment was WITHDRAWN

Clause 30, page 51, leave out lines 2 to 23 and insert—
“(c) a local authority is—
(i) conducting enquiries under section 47 of the Children Act 1989 (duty to investigate) in respect of the child, or
(ii) taking action under section 47(8) of that Act to safeguard or promote the child's welfare, in a case where the enquiries mentioned in sub-paragraph (i) have led the local authority to conclude that the child is suffering, or is likely to suffer, significant harm (within the meaning of section 31(9) and (10) of that Act).”

Type: Backbencher

Signatures: 1

Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment limits consent requirements to safeguarding cases under section 47 of the Children Act 1989. It removes subsection (3) of 434A, recognising special school placement as supportive, not suspicious, and ensures local authorities must evidence actual harm risk, rather than requiring parents to justify withdrawal.

Opposition Amendment 203

This amendment was WITHDRAWN BEFORE DEBATE

[Withdrawn]
Clause 30, page 51, line 2, leave out “condition A or”

Type: Opposition

Signatures: 1

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Member's explanatory statement

This amendment, along with another in the name of Baroness Barran, seeks to remove the requirement for local authorities to consent to the withdrawal of a child with SEND from school.

Amendment 204

This amendment was NOT MOVED

Clause 30, page 51, leave out lines 3 to 14

Type: Backbencher

Signatures: 2

Lord Lucas (Con - Excepted Hereditary)
Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Member's explanatory statement

This amendment seeks to allow a general debate on condition A.

Amendment 205

This amendment was WITHDRAWN

Clause 30, page 51, leave out lines 16 and 17

Type: Backbencher

Signatures: 2

Lord Lucas (Con - Excepted Hereditary)
Lord Frost (Con - Life peer)

Member's explanatory statement

This amendment seeks to allow a debate on the effects of this clause and of the reasons for section 47 enquiries, and the intersection with abusive relationships.

Amendment 206

This amendment was NOT MOVED

Clause 30, page 51, line 17, after “child” insert “which bear directly upon the suitability of the child’s home as a location for their education, and are not prompted by the allegations of the other parent, or by the decision to home educate”

Type: Backbencher

Signatures: 3

Lord Lucas (Con - Excepted Hereditary)
Lord Frost (Con - Life peer)
Baroness Fox of Buckley (Non-affiliated - Life peer)

Member's explanatory statement

This amendment seeks to allow a debate of whether section 47 investigations can be excluded from being taken into account.

Opposition Amendment 207

This amendment was NOT MOVED

Clause 30, page 51, line 23, at end insert—
“(c) providing services to the child or their family under section 17 of the Children Act 1989 (provision of services for children in need, their families and others), or
(d) has ever provided services to the child or their family under section 47 of the Children Act 1989 (local authority’s duty to investigate).”

Type: Opposition

Signatures: 1

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Member's explanatory statement

This amendment seeks to ensure local authorities had to consent to withdrawing children from school if there is a child protection plan in place or if a child is a “child in need”, or if there has ever been a child protection plan in place, in relation to the relevant child or their family.

Amendment 208

This amendment was WITHDRAWN

Clause 30, page 51, leave out lines 30 and 31

Type: Backbencher

Signatures: 1

Lord Lucas (Con - Excepted Hereditary)

Member's explanatory statement

This amendment seeks to probe how school proprietors have knowledge of the information referenced in this paragraph.

Amendment 209

This amendment was NOT MOVED

Clause 30, page 51, line 31, at end insert—
“(5A) If a local authority in England receives a notification relating to a child who is a young carer, then it must ensure that a Young Carers’ Needs Assessment is offered under section 17ZA of the Children Act 1989 prior to the child being withdrawn from the school.
(5B) If a local authority in Wales receives a notification relating to a child who is a young carer, then it must ensure that a Needs Assessment is offered under section 24 of the Social Services and Well-being (Wales) Act 2014 prior to the child being withdrawn from the school.”

Type: Backbencher

Signatures: 4

Lord Young of Cookham (Con - Life peer)
Lord Russell of Liverpool (XB - Excepted Hereditary)
Lord Storey (LD - Life peer)

Liberal Democrat Lords Spokesperson (Education)

Lord Watson of Invergowrie (Lab - Life peer)

Member's explanatory statement

This amendment seeks to ensure that withdrawing a young carer from school does not result in increases in their caring responsibilities or the loss of support.

Amendment 210

This amendment was NOT MOVED

Clause 30, page 51, line 36, after “delay” insert “and, in any event, within 28 days”

Type: Backbencher

Signatures: 2

Lord Lucas (Con - Excepted Hereditary)
Baroness Fox of Buckley (Non-affiliated - Life peer)

Member's explanatory statement

This amendment seeks to probe the meaning of “without undue delay”.

Amendment 211A

This amendment was NOT MOVED

Clause 30, page 51, leave out lines 39 and 40 and insert—
“(i) that the enquiries mentioned in subsection (4)(a) have led the authority to conclude that the child is suffering, or is likely to suffer, significant harm (within the meaning of sections 9 and 10 of the Children Act 1989), or”

Type: Backbencher

Signatures: 1

Lord Crisp (XB - Life peer)

Amendment 212

This amendment was NOT MOVED

Clause 30, page 51, leave out lines 39 to 43 and insert “that there exists clear, documented evidence, of a standard sufficient to satisfy a court, that withdrawal from school would result in harm to the child but otherwise must grant consent,
(c) must not refuse consent where the parent is reasonably concerned that the child is experiencing harm as a result of attending their current school, unless there is compelling evidence, of a standard sufficient to satisfy a court, that withdrawal would result in greater harm.”

Type: Backbencher

Signatures: 1

Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment seeks to ensure that a parent’s reasonable concern about the harm their child is experiencing in school is given due weight in decisions about elective home education. Local authorities may only refuse consent to withdraw where they can provide clear, documented evidence — of a standard sufficient to satisfy a court — that withdrawal would result in greater harm to the child. This aims to protect the child’s welfare while upholding the parent’s primary responsibility for their child’s education and well-being.

Amendment 211

This amendment was WITHDRAWN

Clause 30, page 51, leave out lines 39 and 40

Type: Backbencher

Signatures: 4

Lord Lucas (Con - Excepted Hereditary)
Lord Frost (Con - Life peer)
Baroness Fox of Buckley (Non-affiliated - Life peer)
Lord Crisp (XB - Life peer)

Member's explanatory statement

This amendment seeks to restore the current relationship between state and parents with regard to education.

Amendment 213

This amendment was WITHDRAWN BEFORE DEBATE

[Withdrawn]
Clause 30, page 51, line 39, after “interests” insert “, intellectually, emotionally and physically,”

Type: Backbencher

Signatures: 1

Lord Crisp (XB - Life peer)

Member's explanatory statement

This amendment seeks to probe the meaning of “best interests”

Amendment 215

This amendment was NOT MOVED

Clause 30, page 51, line 43, at end insert—
“(6A) In making a decision under subsection (6)(b)(i), a local authority must make a realistic assessment of similar children in the school where the child is to be placed.”

Type: Backbencher

Signatures: 1

Lord Lucas (Con - Excepted Hereditary)

Member's explanatory statement

This amendment seeks to ensure that any refusal is taken against the background of the actual characteristics of the school that the child might attend.

Amendment 215A

This amendment was NOT MOVED

Clause 30, page 51, line 43, at end insert—
“(6A) Before they deregister a child from a maintained school for the purpose of elective home education, the relevant local authority must offer the parent a voluntary information session, which must include—
(a) an explanation of the parent’s legal rights and responsibilities involved in home education,
(b) information on available support services, and
(c) information on the process and implications of withdrawal.”

Type: Backbencher

Signatures: 1

Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment ensures parents receive clear, factual information about their legal rights and duties before deciding to deregister their child from school.

Amendment 214

This amendment was WITHDRAWN BEFORE DEBATE

[Withdrawn]
Clause 30, page 51, line 43, at end insert—
“(c) must offer the parent a voluntary information session before they deregister a child from a maintained school for the purpose of elective home education, which must include—
(i) an explanation of the parent’s legal rights and responsibilities involved in home education,
(ii) available support services, and
(iii) the process and implications of withdrawal.”

Type: Backbencher

Signatures: 1

Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment ensures parents receive clear, factual information about their legal rights and duties before deciding to deregister their child from school.

Amendment 216

This amendment was NOT MOVED

Clause 30, page 52, leave out lines 8 and 9

Type: Backbencher

Signatures: 1

Lord Lucas (Con - Excepted Hereditary)

Member's explanatory statement

This amendment seeks to allow discussion of “exceptional circumstances” and safeguards.

Amendment 217

This amendment was NOT MOVED

Clause 30, page 52, line 11, at end insert—
“(8A) In subsection (8)(b), exceptional circumstances will always apply where domestic abuse is alleged or established, with or without the existence of a court order, unless the local authority has reasonable cause to think that the allegations are not true.”

Type: Backbencher

Signatures: 1

Lord Lucas (Con - Excepted Hereditary)

Member's explanatory statement

This amendment seeks to probe the intersection of domestic abuse and subsection (8)(b).

Amendment 218

This amendment was NOT MOVED

Clause 30, page 52, line 11, at end insert—
“(8A) A local authority representative must not make any decision under this section in relation to elective home education unless that representative has at least two years of personal experience of home educating their own children.”

Type: Backbencher

Signatures: 1

Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment requires officials overseeing home education to have at least two years of personal experience, to ensure that decisions are informed by genuine understanding, reducing conflict, and improving trust, fairness, and oversight quality.

Opposition Amendment 219

This amendment was NOT MOVED

Clause 30, page 52, line 11, at end insert—
“(8A) Where a local authority refuses consent in respect of a child who meets the criteria for Condition A, the local authority must provide the parents or carers of the relevant child with a statement of reasons for the decision.
(8B) A statement of reasons provided under subsection (8A) must include an assessment of the costs and benefits to the child.”

Type: Opposition

Signatures: 1

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Member's explanatory statement

This amendment would require a local authority to submit a statement of reasons when they do not agree for a child who meets Condition A to be home educated.

Amendment 220

This amendment was NOT MOVED

Clause 30, page 52, line 18, after “child” insert “unless such other circumstances apply which make it unreasonable not to do so”

Type: Backbencher

Signatures: 1

Lord Lucas (Con - Excepted Hereditary)

Member's explanatory statement

This amendment seeks to cover such events as children relocating including out of the UK.

Amendment 221

This amendment was NOT MOVED

Clause 30, page 52, leave out lines 24 to 35 and insert—
“(10) A parent may appeal to the Tribunal against a decision of the local authority to refuse consent to withdraw the child from school, or the local authority’s failure to grant such consent within 28 days of the parent’s application for consent.
(10A) An appeal under subsection (10) must be brought within a period of 28 days beginning with the date on which the local authority’s decision was notified to the parent.
(10B) On an appeal, the Tribunal may—
(a) confirm the decision of the local authority, or
(b) direct that consent for withdrawal is given.
(10C) The Tribunal may, if the parent submits evidence from a suitably qualifies medical practitioner as to the likely harm to the child if they remain in school, and evidence as to the parent’s suitability to care for the child at home, direct that the child be allowed to remain at home pending determination of the appeal.”

Type: Backbencher

Signatures: 4

Lord Lucas (Con - Excepted Hereditary)
Lord Frost (Con - Life peer)
Baroness Fox of Buckley (Non-affiliated - Life peer)
Lord Crisp (XB - Life peer)

Member's explanatory statement

This amendment would afford a parent a right of appeal against a local authority decision to refuse home schooling.

Amendment 222

This amendment was NOT MOVED

Clause 30, page 53, line 10, at end insert “, unless—
(a) substantial new evidence is available which could change that decision, or
(b) the child is being disadvantaged by the decision.”

Type: Backbencher

Signatures: 3

Lord Lucas (Con - Excepted Hereditary)
Lord Frost (Con - Life peer)
Baroness Fox of Buckley (Non-affiliated - Life peer)

Amendment 223

This amendment was NOT MOVED

Clause 30, page 53, line 10, at end insert—
“(12A) If a parent is not satisfied with the determination of the Secretary of State or Welsh Ministers under subsections (10) or (11), they can refer that determination to an independent ombudsman who must investigate whether there have been any instances of local authority overreach in carrying out their duties in relation to subsection (6).”

Type: Backbencher

Signatures: 1

Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment establishes an independent ombudsman to review complaints about any local authority overreach in the parents’ requests to educate otherwise, strengthening accountability and ensuring parents have recourse when treated unfairly.

Amendment 224

This amendment was NOT MOVED

Clause 30, page 53, line 10, at end insert—
“(12A) Where a local authority is in the process of making a decision about the removal of a child from the roll, all absences must be recorded as authorised by the proprietor of the school.”

Type: Backbencher

Signatures: 1

Baroness Jones of Moulsecoomb (Green - Life peer)

Member's explanatory statement

Deregistration from school is often triggered by crises – mental health, safeguarding issues in school, flat refusal by the child to attend, etc. Unauthorised absence can lead to fines. This amendment would avoid a parent being fined or otherwise penalised in the scenario where the parent clearly no longer consents to the educational arrangement with the school (which is a voluntary arrangement at the point of enrollment) and the decision is still in the process of being taken.

Amendment 225

This amendment was NOT MOVED

Clause 30, page 53, leave out lines 11 to 24

Type: Backbencher

Signatures: 1

Lord Lucas (Con - Excepted Hereditary)

Member's explanatory statement

This amendment seeks to discuss whether the definition of “relevant local authority” is right.

Amendment 226

This amendment was NOT MOVED

After Clause 30, insert the following new Clause—
“Local authority duties in respect of children missing school
After Section 436A of the Education Act 1996 (Duty to make arrangements to identify children not receiving education), insert—
“436AB Local authority duties in respect of children missing school
Local authorities must—
(a) implement and, where necessary, enforce consistent arrangements with all schools for the local authority to be promptly informed of any child missing education by reason of persistent non-attendance or irregular attendance at school for which no satisfactory or verifiable explanation is provided by those with parental responsibility for that child;
(b) take urgent steps to trace any child known or believed by that local authority to be missing school without authorisation of the school or without satisfactory explanation;
(c) provide appropriate support for that child as soon as the child has been traced;
(d) inform any court dealing with proceedings relating to the welfare of the child of the measures taken under this section, either directly or through Children and Family Court Advisory and Support Service.””

Type: Backbencher

Signatures: 1

Lord Meston (XB - Excepted Hereditary)

Member's explanatory statement

This amendment seeks to require local authorities to trace and support children identified as missing school, and to inform the courts of this if proceedings relating to the welfare of the child are underway.

Amendment

This amendment was STOOD PART

Lord Hacking gives notice of his intention to oppose the Question that Clause 30 stand part of the Bill.

Type: Backbencher

Signatures: 1

Lord Hacking (Lab - Excepted Hereditary)

Amendment 227

This amendment was NOT MOVED

Clause 31, page 54, leave out lines 6 to 12

Type: Backbencher

Signatures: 2

Lord Lucas (Con - Excepted Hereditary)
Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment seeks to allow discussion of how these provisions will work in practice, and the meanings of “some of the time” and “part-time”, and to avoid duplication and confusion.

Amendment 332

This amendment was WITHDRAWN BEFORE DEBATE

[Withdrawn]
After Clause 31, insert the following new Clause—
“Self-certification for SEN students
A child with special educational needs must not be required to be registered under section 436B of the Education Act 1996 if the parent provides a written statement that—
(a) identifies the child’s special educational needs or the basis on which such needs are reasonably suspected,
(b) describes the tailored educational provision being made to meet those needs, and
(c) outlines a reasonable approach for monitoring progress or outcomes.”

Type: Backbencher

Signatures: 1

Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment allows parents to self-certify SEN provision, provided they identify the child’s needs, describe tailored provision, and outline how they will monitor progress. It seeks to ensure educational adequacy while respecting family flexibility and protecting against misuse.

Amendment 333

This amendment was WITHDRAWN BEFORE DEBATE

[Withdrawn]
After Clause 31, insert the following new Clause—
“Multi-year registration certificates
A home-educating parent may apply for a certificate valid for five years that exempts them from annual oversight under section 436D of the Education Act 1996, provided no safeguarding concerns are present and educational provision has been deemed suitable.”

Type: Backbencher

Signatures: 1

Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment seeks to reduce unnecessary oversight by allowing families with a strong record to receive a five-year exemption certificate, recognising consistent good practice and reducing administrative burden.

Amendment 227A

This amendment was NOT MOVED

Clause 31, page 54, line 8, after “school,” insert—
“but does not include where an alternative arrangement has been agreed between the proprietor of the school and a parent of the child, where the child will receive a full-time education, partly in school, and partly under the supervision of the parent,”

Type: Backbencher

Signatures: 2

Lord Frost (Con - Life peer)
Lord Wei (Con - Life peer)

Member's explanatory statement

This is a probing amendment seeking to establish what the arrangements would be for flexischooling children, that is, children who are not full-time in school with the agreement of their school, and whether they would be exempt from the children not in school register.

Amendment 228

This amendment was NOT MOVED

Clause 31, page 54, line 12, at end insert—
“(5A) Subsection (5)(b) does not apply where a child has been granted a licence or an authorisation to perform under a Body of Persons Approval by a licensing authority under the Children (Performances and Activities) (England) Regulations 2014 (S.I. 2014/3309).”

Type: Backbencher

Signatures: 3

Baroness Benjamin (LD - Life peer)
Lord Parkinson of Whitley Bay (Con - Life peer)

Shadow Minister (Culture, Media and Sport)

Lord Storey (LD - Life peer)

Liberal Democrat Lords Spokesperson (Education)

Member's explanatory statement

This amendment would mean a local authority does not need to register a child where their absence is due to licensed performance granted under the 2014 Regulations, as licence conditions if applicable stipulate a child must receive an education during the licensing period.

Amendment 229

This amendment was NOT MOVED

Clause 31, page 54, line 18, at end insert—
“(c) for the maintenance by central government of a register of Gypsy, traveller, boat dwellers and show people and others who do not have a fixed local authority and move frequently.”

Type: Backbencher

Signatures: 2

Lord Lucas (Con - Excepted Hereditary)
Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment seek to adjust how itinerant populations, who often home educate for cultural reasons, and whose children need targeted support, are kept in view.

Amendment 230

This amendment was WITHDRAWN

Clause 31, page 54, line 18, at end insert—
“(6A) A child is not required to be registered under this section if the parent provides evidence that any one of the following conditions is met—
(a) a competent home educator with at least five years of personal or professional experience has provided a sworn affidavit affirming that, in their judgment, the parent will be capable of providing a suitable education consistent with their educational philosophy,
(b) the parent has arranged and paid for the child to sit at least three externally assessed national qualifications, including but not limited to GCSEs, A-Levels, or accredited vocational awards, or
(c) the child is enrolled with a national online school or flexible provision provider known to support home-educated or otherwise educated children to a suitable standard.”

Type: Backbencher

Signatures: 1

Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment and another in the name of Lord Wei exempt families from registration and data submission requirements where they can show credible evidence of suitable education through endorsement by an experienced educator, formal qualification entry, or enrolment in a recognised online provider.

Amendment 231

This amendment was WITHDRAWN

Clause 31, page 54, line 18, at end insert—
“(6A) A child is not required to be registered under this section if the parent has submitted a portfolio annually demonstrating suitable education and learning progress.”

Type: Backbencher

Signatures: 1

Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment allows an educational portfolio as an alternative to registration, offering a less intrusive way for parents to demonstrate their child is receiving suitable education.

Amendment 232

This amendment was NOT MOVED

Clause 31, page 54, line 18, at end insert—
“(6A) A child is not required to be registered under this section if the parent has previously home-educated a child who progressed to university, employment, or vocational training.”

Type: Backbencher

Signatures: 1

Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment exempts families from the register where they have successfully home-educated another child into further education, training, or work, recognising proven parental competence.

Amendment 233

This amendment was NOT MOVED

Clause 31, page 54, line 18, at end insert—
“(6A) A child is not required to be registered under this section if the parent holds Qualified Teacher Status or an education-related degree from a United Kingdom-accredited institution.”

Type: Backbencher

Signatures: 1

Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment exempts parents with formal teaching qualifications or degrees in education from registration, recognising their professional capacity to provide suitable education without additional oversight

Amendment 233A

This amendment was NOT MOVED

Clause 31, page 54, line 36, leave out from beginning to end of line 9 on page 57

Type: Backbencher

Signatures: 1

Lord Hacking (Lab - Excepted Hereditary)

Amendment 234

This amendment was NOT MOVED

Clause 31, page 54, line 37, leave out from beginning to end of line 15 on page 55

Type: Backbencher

Signatures: 3

Lord Lucas (Con - Excepted Hereditary)
Lord Frost (Con - Life peer)
Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment seeks to probe why this particular set of information is needed, and whether it is collected for non-elective home educated children.

Amendment 235

This amendment was WITHDRAWN

Clause 31, page 54, line 38, at end insert “, except where the collection of such information would be incompatible with the rights guaranteed by the European Convention on Human Rights, including Article 8 (right to respect for private and family life) and Article 2 of Protocol 1 (parental right to education in line with convictions)”

Type: Backbencher

Signatures: 1

Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment ensures that data collection under section 436B respects rights under the European Convention on Human Rights, including Article 8 and Article 2 of Protocol 1. It prevents disproportionate interference with family life or educational convictions and upholds privacy and parental choice in home education.

Amendment 236

This amendment was NOT MOVED

Clause 31, page 54, line 40, at end insert “, subject to such safeguards as the Secretary of State may specify”

Type: Backbencher

Signatures: 2

Lord Lucas (Con - Excepted Hereditary)
Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment seeks to probe how abused parents and children will be safeguarded.

Amendment 236A

This amendment was NOT MOVED

Clause 31, page 54, line 40 at end insert “, except in cases in which—
(i) one parent has been found guilty in a Criminal Court of an offence of which the child is a victim, including assault, sexual assault including rape, or domestic abuse;
(ii) there has been a finding of fact in a Family Court in which the child is a victim, including assault, sexual assault including rape, or domestic abuse by one parent;
(iii) there is an open police investigation against one parent for charges in which the child is a victim, including assault, sexual assault including rape, or domestic abuse;
(iv) there is a risk of harm to the child or other members of the family if the address of the non-residential parent is required;”

Type: Backbencher

Signatures: 2

Lord Lucas (Con - Excepted Hereditary)
Lord Hacking (Lab - Excepted Hereditary)

Amendment 237

This amendment was WITHDRAWN BEFORE DEBATE

[Withdrawn]
Clause 31, page 54, leave out lines 40 to 44 and insert—
“(b) the names and home addresses of the parent or parents who are taking responsibility for the education of the child;”

Type: Backbencher

Signatures: 1

Lord Hacking (Lab - Excepted Hereditary)

Member's explanatory statement

Amendment 238

This amendment was NOT MOVED

Clause 31, page 54, leave out lines 41 to 44

Type: Backbencher

Signatures: 2

Lord Lucas (Con - Excepted Hereditary)
Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment seeks to probe why this data is needed and how it will be used.

Opposition Amendment 239

This amendment was NOT MOVED

Clause 31, page 54, leave out lines 43 and 44

Type: Opposition

Signatures: 2

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Lord Crisp (XB - Life peer)

Member's explanatory statement

This amendment seeks to remove a requirement for the register of children not in school to include details of how much time a child spends being educated by parents.

Amendment 240

This amendment was NOT MOVED

Clause 31, page 54, line 44, after “from” insert “or under the supervision of”

Type: Backbencher

Signatures: 2

Lord Lucas (Con - Excepted Hereditary)
Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment seeks to probe the exact meaning of paragraph (d).

Amendment 241

This amendment was NOT MOVED

Clause 31, page 55, leave out lines 1 to 15

Type: Backbencher

Signatures: 3

Lord Lucas (Con - Excepted Hereditary)
Lord Wei (Con - Life peer)
Lord Hacking (Lab - Excepted Hereditary)

Member's explanatory statement

This amendment seeks to enable a discussion of the justification for and practicality of this provision, and the effect on providers.

Amendment 242

This amendment was WITHDRAWN BEFORE DEBATE

[Withdrawn]
Clause 31, page 55, line 1, after “receives” insert “more than a specified amount of a specified type of”

Type: Backbencher

Signatures: 1

Lord Crisp (XB - Life peer)

Member's explanatory statement

This amendment seeks to enable debate of how the effect of this paragraph might be limited.

Opposition Amendment 243

This amendment was NOT MOVED

Clause 31, page 55, line 2, at end insert “in respect of each individual or organisation which provides such education for more than six hours a week”

Type: Opposition

Signatures: 2

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Lord Hampton (XB - Excepted Hereditary)

Member's explanatory statement

This amendment seeks to ensure that information relating to short activities such as those operated by museums, libraries, companies and charities, as well as individual private tutoring activities, would only need to be recorded on the register of children not in school if they are provided for more than six hours a week.

Amendment 244

This amendment was NOT MOVED

Clause 31, page 55, line 3, leave out “individuals and organisations” and insert “organisations (or, where no organisation is involved, individuals)”

Type: Backbencher

Signatures: 1

Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment seeks to avoid having to provide details of all the staff at, for example, an online school.

Amendment 245

This amendment was NOT MOVED

Clause 31, page 55, line 4, at end insert “, unless the address concerned is a private residence and the child never visits it”

Type: Backbencher

Signatures: 2

Lord Lucas (Con - Excepted Hereditary)
Lord Wei (Con - Life peer)

Member's explanatory statement

Private tutors will often not provide parents with their home address so this amendment would remove the requirement to provide it in circumstances where the child never visits it.

Amendment 246

This amendment was NOT MOVED

Clause 31, page 55, line 10, at end insert “, or a general description of the type of place if there is no fixed location”

Type: Backbencher

Signatures: 2

Lord Lucas (Con - Excepted Hereditary)
Lord Wei (Con - Life peer)

Amendment 247

This amendment was NOT MOVED

Clause 31, page 55, leave out lines 11 to 15

Type: Backbencher

Signatures: 2

Lord Lucas (Con - Excepted Hereditary)
Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment seeks to enable a general discussion of the practicability of this sub-paragraph.

Amendment 248

This amendment was NOT MOVED

Clause 31, page 55, line 11, at beginning insert “a rough estimate of”

Type: Backbencher

Signatures: 1

Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment seeks to probe the record-keeping required of parents under this sub-paragraph.

Opposition Amendment 249

This amendment was NOT MOVED

Clause 31, page 55, line 15, at end insert—
“unless the provision is provided on weekends or during school holidays.”

Type: Opposition

Signatures: 2

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Lord Hampton (XB - Excepted Hereditary)

Member's explanatory statement

This amendment seeks to ensure that the requirements of paragraph (e) do not apply to education provided on weekends or during holidays.

Amendment 250

This amendment was NOT MOVED

Clause 31, page 55, line 15, at end insert—
“(f) the reasons why a parent of a child has chosen to opt for elective home education.”

Type: Backbencher

Signatures: 3

Baroness Whitaker (Lab - Life peer)
Lord Bourne of Aberystwyth (Con - Life peer)
Baroness Bakewell of Hardington Mandeville (LD - Life peer)

Member's explanatory statement

This amendment would require the recording of the reasons parents opt for elective home education.

Amendment 251

This amendment was NOT MOVED

Clause 31, page 55, line 15, at end insert—
“(f) in the case of a child who is in the area of a local authority in England, whether the child is a young carer, including whether a young carers needs assessment has been carried out;
(g) in the case of a child who is in the area of a local authority in Wales, whether the child is a young carer, including whether a needs assessment has been carried out.”

Type: Backbencher

Signatures: 4

Lord Young of Cookham (Con - Life peer)
Baroness Tyler of Enfield (LD - Life peer)
Lord Russell of Liverpool (XB - Excepted Hereditary)
Lord Storey (LD - Life peer)

Liberal Democrat Lords Spokesperson (Education)

Member's explanatory statement

This amendment seeks to ensure that local authorities are aware of which children in their area being educated other than in a school who have caring responsibilities.

Amendment 253

This amendment was NOT MOVED

Clause 31, page 55, line 15, at end insert—
“(1A) In subsection (1), “education” includes every experience which may result in a child learning.”

Type: Backbencher

Signatures: 2

Lord Lucas (Con - Excepted Hereditary)
Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment seeks to allow discussion of where, in the context of home education, the boundary is between education and other aspects of life.

Amendment 254

This amendment was NOT MOVED

Clause 31, page 55, line 15, at end insert—
“(1A) A child who is not regarded as eligible for registration under section 436B(6A) shall not be subject to the information requirements under this section.”

Type: Backbencher

Signatures: 1

Lord Wei (Con - Life peer)

Member's explanatory statement

Opposition Amendment 254A

This amendment was NOT MOVED

Clause 31, page 55, line 15, at end insert—
“(1A) The requirement to provide information under subsection (1)(b) does not apply where a safeguarding concern in respect of either parent has been identified.”

Type: Opposition

Signatures: 2

Lord Storey (LD - Life peer)

Liberal Democrat Lords Spokesperson (Education)

Lord Crisp (XB - Life peer)

Member's explanatory statement

This amendment removes the necessity of having the details of both parents where there is a safeguarding concern.

Amendment 254B

This amendment was NOT MOVED

Clause 31, page 55, line 15, at end insert—
“(1A) The requirement to provide the information set out in subsection (1)(e) only applies to providers which are providing regular education sessions amounting to 10 hours or more a week, which are not primarily social or recreational in nature, and where the information has not already been provided to the authority in other formats such as an Annual Report.”

Type: Backbencher

Signatures: 1

Lord Crisp (XB - Life peer)

Member's explanatory statement

This amendment seeks to prevent subsection (1)(e) applying to one-off or largely recreational activities, and to reduce the burden of duplicating information for both parents and local authorities.

Amendment 252

This amendment was WITHDRAWN BEFORE DEBATE

[Withdrawn]
Clause 31, page 55, line 15, at end insert—
“(1A) In subsection (1) a child receives education from a person other than their parent if and only if that person is specifically employed (whether for remuneration or not) to provide education to that specific child.”

Type: Backbencher

Signatures: 1

Lord Crisp (XB - Life peer)

Member's explanatory statement

This amendment is intended to probe the definition of a child receiving education from a person other than their parent.

Amendment 255

This amendment was WITHDRAWN

Clause 31, page 55, leave out lines 20 and 21

Type: Backbencher

Signatures: 2

Lord Lucas (Con - Excepted Hereditary)
Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment seeks to probe whether the wording of this paragraph is compatible with ECHR rulings regarding requirements to disclose religion.

Amendment 256

This amendment was NOT MOVED

Clause 31, page 55, leave out lines 30 to 35

Type: Backbencher

Signatures: 2

Lord Lucas (Con - Excepted Hereditary)
Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment seeks to probe whether the wording of this paragraph could result in an enquiry which found no safeguarding concern being held on record without good cause.

Amendment 257

This amendment was NOT MOVED

Clause 31, page 55, leave out lines 36 to 42

Type: Backbencher

Signatures: 1

Lord Lucas (Con - Excepted Hereditary)

Member's explanatory statement

This amendment seeks to object to the inclusion of this paragraph and explore the reasons for it.

Amendment 257A

This amendment was NOT MOVED

Clause 31, page 56, line 4, at end insert—
“(fa) in the case of a child who is in the area of a local authority in England, whether the child is a young carer including whether a Young Carer’s Needs Assessment has been carried out;
(fb) in the case of a child who is in the area of a local authority in Wales, whether the child is a young carer including whether a Needs Assessment has been carried out;”

Type: Backbencher

Signatures: 1

Lord Young of Cookham (Con - Life peer)

Member's explanatory statement

This amendment seeks to ensure that local authorities are aware of which children in their area being educated other than in a school have caring responsibilities.

Amendment 258

This amendment was NOT MOVED

Clause 31, page 56, line 8, at end insert “, and the reasons why the child was looked after and the duration of that arrangement”

Type: Backbencher

Signatures: 1

Lord Lucas (Con - Excepted Hereditary)

Member's explanatory statement

This amendment is intended to address situations such as one where a parent rushed into hospital might result in their children being classified as looked after for a few days until discharge, without that being a reflection on the care they provide the rest of the time.

Amendment 259

This amendment was NOT MOVED

Clause 31, page 56, leave out lines 9 to 12

Type: Backbencher

Signatures: 2

Lord Lucas (Con - Excepted Hereditary)
Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment seeks to explore the reasons and need for this paragraph, and whether it is an unreasonable invasion of privacy.

Opposition Amendment 260

This amendment was NOT MOVED

Clause 31, page 56, leave out lines 26 to 31

Type: Opposition

Signatures: 2

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Lord Hampton (XB - Excepted Hereditary)

Member's explanatory statement

This amendment removes the ability of the Secretary of State to require additional information to be included in the register of children not in school.

Amendment 261

This amendment was NOT MOVED

Clause 31, page 56, leave out lines 32 and 33

Type: Backbencher

Signatures: 2

Lord Frost (Con - Life peer)
Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment seeks to enable a discussion about the breadth of this power and the lack of restrictions on it.

Amendment 262

This amendment was NOT MOVED

Clause 31, page 56, leave out lines 36 to 39

Type: Backbencher

Signatures: 2

Lord Lucas (Con - Excepted Hereditary)
Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment seeks to probe what it is anticipated this provision requires.

Amendment 263

This amendment was WITHDRAWN BEFORE DEBATE

[Withdrawn]
Clause 31, page 56, leave out line 41

Type: Backbencher

Signatures: 1

Lord Crisp (XB - Life peer)

Member's explanatory statement

This amendment seeks to probe whether the register would be published if it contains sensitive data relating to children.

Amendment 264

This amendment was NOT MOVED

Clause 31, page 56, leave out lines 43 and 44

Type: Backbencher

Signatures: 2

Lord Lucas (Con - Excepted Hereditary)
Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment seeks to explore what is envisaged by this paragraph, the proposed purpose of time recording and limitations upon it.

Amendment 265

This amendment was NOT MOVED

Clause 31, page 57, leave out lines 1 to 9

Type: Backbencher

Signatures: 2

Lord Lucas (Con - Excepted Hereditary)
Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment seeks to probe data protection measures generally in relation to the register.

Amendment 266

This amendment was NOT MOVED

Clause 31, page 57, line 9, at end insert “or information likely to be held by an abusive parent or partner”

Type: Backbencher

Signatures: 1

Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment seeks to probe how safeguarding obligations may be fully protected.

Amendment 267

This amendment was NOT MOVED

Clause 31, page 57, line 9, at end insert—
“(6) All information on the register must be destroyed by the local authority when a child reaches the age of 18.
(7) The local authority must ensure that all information shared from the register with other bodies is also destroyed.”

Type: Backbencher

Signatures: 3

Baroness Whitaker (Lab - Life peer)
Lord Bourne of Aberystwyth (Con - Life peer)
Baroness Bakewell of Hardington Mandeville (LD - Life peer)

Member's explanatory statement

This amendment would require local authorities to destroy information held on the register once a child reaches the age of 18.

Amendment 268

This amendment was NOT MOVED

Clause 31, page 57, line 9, at end insert—
“(6) A local authority is liable for the consequences of data breaches from the register.”

Type: Backbencher

Signatures: 2

Lord Lucas (Con - Excepted Hereditary)
Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment seeks to incentivise due care by local authorities.

Amendment 270

This amendment was WITHDRAWN

Clause 31, page 57, line 9, at end insert—
“(6) Each local authority must establish a parental advisory board, composed primarily of home-educating parents, to advise on and scrutinise the authority’s home education policies and procedures.
(7) Where a local authority acts in a way that is contrary to the formal advice of the parental advisory board, it must publish a written statement setting out its reasons for doing so and make that statement available to the public within 28 days.”

Type: Backbencher

Signatures: 1

Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment introduces a statutory requirement for each local authority to create a home education parental advisory board. It also requires authorities to provide public justification if they act against the advice of the board, ensuring greater accountability and transparency in decisions affecting home-educating families.

Amendment 271

This amendment was WITHDRAWN

Clause 31, page 57, line 9, at end insert—
“(6) The register of children not in school created under section 436B must be maintained solely by the local authority and must not be compiled into or made accessible through a national database.”

Type: Backbencher

Signatures: 1

Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment prohibits the creation of a centralised national database of home-educated children. It ensures that all data collected under section 436B remains under local control, in line with principles of data minimisation, family privacy, and proportionality.

Amendment 272

This amendment was NOT MOVED

Clause 31, page 57, line 9, at end insert—
“(6) No information provided for the purposes of this section may be disclosed to any third party without the explicit written consent of the parent or guardian, unless the disclosure is necessary to comply with a statutory duty under the Children Act 1989.”

Type: Backbencher

Signatures: 1

Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment ensures that personal information collected under this section cannot be shared without parental consent, except where disclosure is required to fulfil statutory safeguarding duties under the Children Act 1989. It seeks to balance privacy protections with the need to act in a child’s best interests.

Amendment 273

This amendment was NOT MOVED

Clause 31, page 57, line 9, at end insert—
“(6) All information collected under section 436B must be automatically deleted when the child reaches the age of 18, or re-enrols in a registered school.”

Type: Backbencher

Signatures: 1

Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment sets clear data retention limits, ensuring that children's personal information is deleted once they are no longer of compulsory education age or return to formal schooling.

Amendment 274

This amendment was WITHDRAWN

Clause 31, page 57, line 9, at end insert—
“(6) The register established under section 436B shall expire two years after its creation unless the Secretary of State publishes evidence that it has demonstrably improved safeguarding outcomes.”

Type: Backbencher

Signatures: 1

Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment introduces a sunset clause to ensure the register remains under review and is retained only if shown to be effective in improving safeguarding outcomes.

Amendment 275

This amendment was NOT MOVED

Clause 31, page 57, line 9, at end insert—
“(6) If any data collected under this section is subject to a breach, the responsible local authority must notify affected parents within 14 days and offer compensation.”

Type: Backbencher

Signatures: 1

Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment provides accountability for data breaches by requiring prompt notification and compensation for families affected by unauthorised disclosure of personal information.

Amendment 276

This amendment was NOT MOVED

Clause 31, page 57, line 9, at end insert—
“(6) The registration system established under section 436B expires two years after the day on which the Children’s Wellbeing and Schools Act 2025 is passed, unless it is shown to improve safeguarding outcomes.”

Type: Backbencher

Signatures: 1

Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment introduces an automatic sunset clause requiring the registration system to demonstrate measurable safeguarding benefits to remain in effect.

Amendment 269

This amendment was WITHDRAWN BEFORE DEBATE

[Withdrawn]
Clause 31, page 57, line 9, at end insert—
“(6) A parent—
(a) must be provided with full access to the register;
(b) may request the local authority to add to or to amend the register, and the local authority must do so if they are satisfied that the register requires amendment, or note the parent’s request in the appropriate place in the register if they are not so satisfied;
insofar as it concerns the children in their care.
(7) A parent may appeal to the Tribunal against a decision of the local authority to refuse access to the register, or to amend or annotate the register, or to the manner in which the register has been amended or annotated.
(8) An appeal under subsection (7) must be brought within a period of 28 days beginning with the date on which the local authority’s decision was notified to the parent.
(9) On an appeal, the Tribunal may—
(a) confirm the decision of the local authority, or
(b) direct that the local authority complies with the Tribunal’s decision.”

Type: Backbencher

Signatures: 1

Lord Crisp (XB - Life peer)

Member's explanatory statement

This amendment would enable parents to see what is in the register (subject to anti-abuse measures) and ask for amendments.

Amendment 277

This amendment was NOT MOVED

Clause 31, page 57, line 10, leave out from beginning to end of line 16 on page 58

Type: Backbencher

Signatures: 2

Baroness Jones of Moulsecoomb (Green - Life peer)
Lord Hacking (Lab - Excepted Hereditary)

Member's explanatory statement

This would remove the obligation on parents to register or update information about their educational provision separate from the existing duties they have to respond to enquiries from local authorities.

Amendment 278

This amendment was NOT MOVED

Clause 31, page 57, line 16, at end insert “, in their own words”

Type: Backbencher

Signatures: 2

Lord Lucas (Con - Excepted Hereditary)
Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment would make it clear that a parent may provide information on, for example, the type of provider, in their own words.

Amendment 279

This amendment was NOT MOVED

Clause 31, page 57, line 16, at end insert—
“(c) allow the local authority to inspect the materials being used in the child’s education and to see the child’s work.”

Type: Backbencher

Signatures: 2

Lord Nash (Con - Life peer)
Lord Agnew of Oulton (Con - Life peer)

Amendment 280

This amendment was NOT MOVED

Clause 31, page 57, line 20, at end insert “but such a request may not be made more than once in any twelve-month period unless the local authority has reasonable cause to suspect that the child will suffer harm, as defined in section 31(9) of the Children Act 1989, if the information is not provided,”

Type: Backbencher

Signatures: 1

Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment ensures that local authorities may request information from parents no more than once per year, unless there is reasonable cause to suspect the child will otherwise suffer harm as defined in the Children Act 1989. It is intended to limit intrusion while preserving safeguarding powers.

Amendment 281

This amendment was NOT MOVED

Clause 31, page 57, line 21, after “a” insert “substantial”

Type: Backbencher

Signatures: 2

Lord Lucas (Con - Excepted Hereditary)
Lord Wei (Con - Life peer)

Amendment 282

This amendment was NOT MOVED

Clause 31, page 57, line 25, at end insert—
“(2A) Nothing in subsection (2) requires a parent to provide information to a local authority more than once in any period of 12 months.”

Type: Backbencher

Signatures: 1

Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment seeks to enable debate on the record-keeping and reporting required of parents.

Amendment 283

This amendment was NOT MOVED

Clause 31, page 57, line 30, leave out “15” and insert “30”

Type: Backbencher

Signatures: 2

Lord Lucas (Con - Excepted Hereditary)
Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment would allow more time for parents to register their children as the events which lead to this necessity are often traumatic and chaotic.

Amendment 284

This amendment was NOT MOVED

Clause 31, page 57, leave out lines 32 to 36 and insert—
“(b) in the case of duties under subsections (2)(a) and (2)(b), a period of 30 days following the request or event, or following the expiry of 12 months following the person’s previous response, whichever period ends later;”

Type: Backbencher

Signatures: 2

Lord Lucas (Con - Excepted Hereditary)
Lord Wei (Con - Life peer)

Amendment 285

This amendment was NOT MOVED

Clause 31, page 57, line 40, at end insert—
“(4A) A local authority may make no more than one request in any 12-month period for a meeting with the parent, to collect data submissions, or a visit to the child’s home, unless it has reasonable cause to suspect the child is at risk of harm.
(4B) A failure by a parent to meet or to provide information annually under subsection (2)(a) shall not, by itself, be treated as evidence that the child is not receiving suitable education.
(4C) Any unauthorised visit, investigation, or data request by a local authority in breach of this Part shall be subject to a civil penalty not exceeding £5,000.”

Type: Backbencher

Signatures: 1

Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment seeks to limit local authority requests to once per year unless there are safeguarding concerns, prevent assumptions of neglect based on non-cooperation alone, and introduce penalties for unauthorised actions. It reinforces proportionality, safeguards family privacy, and ensures statutory limits are respected.

Amendment 286

This amendment was NOT MOVED

Clause 31, page 57, leave out from line 41 to line 14 on page 58

Type: Backbencher

Signatures: 2

Lord Lucas (Con - Excepted Hereditary)
Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment seeks to probe checks and balances on SEND provision.

Amendment 287

This amendment was NOT MOVED

Clause 31, page 58, line 16, at end insert—
“(7) Where a parent does not provide information following a request under this Part, the local authority may not initiate further investigatory steps unless authorised by a magistrate or independent tribunal.
(8) A magistrate or tribunal may grant authorisation under subsection (7) only if the authority demonstrates—
(a) reasonable grounds to believe the child is not receiving suitable education, and
(b) that less intrusive alternatives have been attempted and exhausted.
(9) The authorisation under subsection (7) must specify—
(a) the purpose and limits of the investigation,
(b) the period of time for which it is valid, and
(c) how it complies with the child and family’s rights under the European Convention on Human Rights.”

Type: Backbencher

Signatures: 1

Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment introduces a judicial oversight mechanism, requiring local authorities to seek authorisation from a magistrate or independent tribunal before undertaking intrusive investigations where a parent has not voluntarily provided information. It seeks to protect families from disproportionate interference and mirrors safeguards in criminal and child protection law.

Amendment 288

This amendment was WITHDRAWN

Clause 31, page 58, leave out from beginning of line 17 to end of line 30 on page 59

Type: Backbencher

Signatures: 2

Lord Lucas (Con - Excepted Hereditary)
Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment would enable discussion about new inserted section 436E.

Amendment 288A

This amendment was NOT MOVED

Clause 31, page 58, leave out lines 19 to 22 and insert—
“(a) a person or organisation is providing regular out-of-school education to a child not registered in school, for more than 10 hours in a week, where the activity—
(i) is not primarily social or recreational,
(ii) takes place without any parent of the child being actively involved in the tuition or education supervision of the child,
(iii) takes place during normal school hours, and
(iv) is not a period of work experience, and”

Type: Backbencher

Signatures: 1

Lord Crisp (XB - Life peer)

Member's explanatory statement

This amendment seeks to limit this section so that it does not apply to one-off or short-term activities, or to largely social or recreational activities that have some educational content such as Guides or sports training.

Amendment 289

This amendment was WITHDRAWN BEFORE DEBATE

[Withdrawn]
Clause 31, page 58, line 20, after “time” insert “(which must not be less than 10 hours per week)”

Type: Backbencher

Signatures: 1

Lord Crisp (XB - Life peer)

Member's explanatory statement

This amendment seeks to probe the intention of paragraph (1)(a) and enable debate on any consequences of this provision.

Amendment 290

This amendment was NOT MOVED

Clause 31, page 58, line 27, leave out “structured”

Type: Backbencher

Signatures: 2

Lord Lucas (Con - Excepted Hereditary)
Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment seeks to probe what is meant by “structured”.

Opposition Amendment 291

This amendment was NOT MOVED

Clause 31, page 58, line 29, at end insert “but does not include any person or provider that is providing out-of-school education to home-educated children on weekends or during school holidays”

Type: Opposition

Signatures: 2

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Lord Hampton (XB - Excepted Hereditary)

Member's explanatory statement

This amendment seeks to remove the requirement that providers of out-of-school education must provide information to local authorities in respect of education they provide on weekends or during school holidays to home-schooled children.

Amendment 292

This amendment was NOT MOVED

Clause 31, page 58, leave out line 36

Type: Backbencher

Signatures: 2

Lord Lucas (Con - Excepted Hereditary)
Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment probes why the provision in sub-paragraph (iii) is required.

Opposition Amendment 293

This amendment was NOT MOVED

Clause 31, page 58, line 36, at end insert—
“but may not refer to an amount of time that is less than or equal to six hours a week.”

Type: Opposition

Signatures: 2

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Lord Hampton (XB - Excepted Hereditary)

Member's explanatory statement

This amendment seeks to remove the requirement that providers of out-of-school education must provide information to local authorities where they provide education for fewer than six hours a week.

Amendment 294

This amendment was NOT MOVED

Clause 31, page 58, line 39, leave out “as mentioned in subsection (1)(a)”

Type: Backbencher

Signatures: 2

Lord Lucas (Con - Excepted Hereditary)
Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment seeks to clarify how the provider might know this information.

Amendment 295

This amendment was NOT MOVED

Clause 31, page 58, line 42, leave out “the following information” and insert “any of the following information they possess”

Type: Backbencher

Signatures: 1

Baroness Jones of Moulsecoomb (Green - Life peer)

Member's explanatory statement

This amendment seeks to ensure that providers will not risk fines for not having information.

Amendment 296

This amendment was NOT MOVED

Clause 31, page 58, line 42, after “information” insert “(if they have it)”

Type: Backbencher

Signatures: 2

Lord Lucas (Con - Excepted Hereditary)
Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment seeks to probe this provision in relation to the case of websites, AI-assisted or otherwise, that the parents have signed up to.

Amendment 297

This amendment was NOT MOVED

Clause 31, page 59, leave out line 3

Type: Backbencher

Signatures: 1

Lord Lucas (Con - Excepted Hereditary)

Member's explanatory statement

This amendment seeks to ensure that ministers and Ofsted do not have access to individual-level personal data.

Amendment 298

This amendment was NOT MOVED

Clause 31, page 59, line 5, after “child,” insert, “measured by the time elapsed between the child clocking in and clocking out,”

Type: Backbencher

Signatures: 2

Lord Lucas (Con - Excepted Hereditary)
Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment seeks to explore how time will be measured, and the requirements imposed by this provision.

Amendment 299

This amendment was NOT MOVED

Clause 31, page 59, line 7, leave out from the first “child” to end of line 9

Type: Backbencher

Signatures: 2

Lord Lucas (Con - Excepted Hereditary)
Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment seeks to explore the meaning of the omitted words, and how the provider can know this information.

Amendment 300

This amendment was NOT MOVED

Clause 31, page 59, leave out lines 10 to 12

Type: Backbencher

Signatures: 2

Lord Lucas (Con - Excepted Hereditary)
Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment seeks to enable debate on virtual and overseas providers.

Amendment 301

This amendment was NOT MOVED

Clause 31, page 59, line 17, leave out “15” and insert “30”

Type: Backbencher

Signatures: 2

Lord Lucas (Con - Excepted Hereditary)
Lord Wei (Con - Life peer)

Amendment 302

This amendment was NOT MOVED

Clause 31, page 59, line 18, at end insert “, or on the date on which the provider next opens for business”

Type: Backbencher

Signatures: 2

Lord Lucas (Con - Excepted Hereditary)
Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment addresses the fact that some providers close for substantial periods, for example, over the summer.

Amendment 303

This amendment was NOT MOVED

Clause 31, page 59, line 22, at beginning insert “intentionally”

Type: Backbencher

Signatures: 2

Lord Lucas (Con - Excepted Hereditary)
Lord Wei (Con - Life peer)

Amendment 304

This amendment was NOT MOVED

Clause 31, page 59, line 22, after “(5)” insert—
“(ab) is a substantial provider of out-of-school education,”

Type: Backbencher

Signatures: 2

Lord Lucas (Con - Excepted Hereditary)
Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment seeks to discuss the effects of making small providers liable for fines.

Amendment 305

This amendment was NOT MOVED

Clause 31, page 59, leave out from beginning of line 31 to end of line 43 on page 60

Type: Backbencher

Signatures: 2

Lord Lucas (Con - Excepted Hereditary)
Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment seeks to enable debate on safeguarding.

Opposition Amendment 306

This amendment was WITHDRAWN

Clause 31, page 60, line 43, at end insert—
“(9) The Secretary of State must publish annually the GCSE results of children listed on the register.
(10) The Secretary of State must ensure that the GCSE results of children on the register are included for each set of outcome data published by the Government.”

Type: Opposition

Signatures: 1

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Member's explanatory statement

This amendment would require the Secretary of State to record outcome data for children on the register as a subsection of each set of performance data published by the Department for Education.

Amendment 307

This amendment was NOT MOVED

Clause 31, page 60, line 43, at end insert—
“436FA Duty to maintain a transparency register of information processing
(1) The relevant person must maintain a record of processing of the use of information under section 463F, in a publicly available register.
(2) The record of processing under subsection (1) must contain the following information—
(a) the date on which the data was processed;
(b) the name of the organisation given access;
(c) the purpose for which the data was processed;
(d) a list of any of the types of data items accessed (as specified in sections 436C, 436D and 436E);
(e) whether the processing included automated-decision making;
(f) the date after which it is expected that the data must not be preserved in a form which permits identification of the data subjects.
(3) The relevant person must make the transparency register public.
(4) The Secretary of State may by regulations make provision about—
(a) the form in which the record of processing under subsection (2) is to be kept and made public;
(b) the period for which information in the record is to be retained;
(c) the circumstances in which information in the record may be disclosed, including any restrictions or safeguards that apply to such disclosures;
(d) the circumstances in which information in the record must be disclosed to the data subject or their legal guardian.”

Type: Backbencher

Signatures: 1

Lord Lucas (Con - Excepted Hereditary)

Member's explanatory statement

This amendment should provide the same level of transparency to home educators and others in the new registers, as the Department for Education provides in an online transparency register of its national distribution of identifying state pupil data. This creates an oversight tool to mitigate risks of uncontrolled disclosure. This should promote public trust in use of the new data powers.

Amendment 308

This amendment was NOT MOVED

Clause 31, page 60, line 43, at end insert—
“436FA Use of information in the register at national level
(1) A local authority must, if the Secretary of State so directs in relation to a local authority in England, or the Welsh Ministers so direct in relation to a local authority in Wales, provide the Secretary of State or the Welsh Ministers (as the case may be) with information of a prescribed description from their register under section 436B (whether that is information relating to an individual child or aggregated information as specified in subsection (2)).
(2) The Secretary of State may collect and process—
(a) information relating to an individual child only on a case-by-case basis for the purposes of giving a direction on a school attendance order following a parental request under section 442 and in accordance with UK data protection law;
(b) statistics regarding children in receipt of Elective Home Education (EHE), or Children Missing Education (CME) for the purposes of monitoring educational trends and informing policy.
(3) The data collected under subsection (2)(b) must be limited to prior aggregated statistical information and may not include any personal data that would enable the identification of individual children or linkage with other data that would do so.
(4) The statistical information may include, but is not limited to—
(a) the collective number of children on any requested date;
(b) the collective number of children throughout a year;
(c) the percentage of children in each category relative to the overall child population.”

Type: Backbencher

Signatures: 1

Lord Lucas (Con - Excepted Hereditary)

Member's explanatory statement

This amendment separates the Ministerial powers for use of individual level data and aggregated data that are conflated in 436F as drafted. This new clause explicitly enables the Secretary of State and Welsh Ministers to collect case-specific individual data for adjudication of school attendance orders which is the case today but for no other purpose. It prevents bulk national-level collection of identifiable home education data about individual children and their family members, as listed in clauses 436C, 436D, and 436E.

Amendment 309

This amendment was WITHDRAWN

Clause 31, page 61, line 2, leave out from beginning to “provide” on line 3 and insert “A local authority must offer to”

Type: Backbencher

Signatures: 3

Baroness Whitaker (Lab - Life peer)
Lord Bourne of Aberystwyth (Con - Life peer)
Baroness Bakewell of Hardington Mandeville (LD - Life peer)

Member's explanatory statement

This amendment would require local authorities to offer appropriate support to the parent of a child on the register.

Amendment 309A

This amendment was NOT MOVED

Clause 31, page 61, line 5, at end insert "in a language which the parent understands."

Type: Backbencher

Signatures: 1

Baroness Garden of Frognal (LD - Life peer)

Member's explanatory statement

This amendment seek to ensure that families parents who speak English as a second or other language are informed about the requirements in a language they understand.

Amendment 310

This amendment was NOT MOVED

Clause 31, page 61, line 6, leave out from “provided” to end of line 7 and insert “must”

Type: Backbencher

Signatures: 3

Baroness Whitaker (Lab - Life peer)
Lord Bourne of Aberystwyth (Con - Life peer)
Baroness Bakewell of Hardington Mandeville (LD - Life peer)

Member's explanatory statement

This amendment would require local authorities to offer appropriate support to the parent of a child on the register.

Amendment 311

This amendment was NOT MOVED

Clause 31, page 61, line 7, after “request” insert “and the needs of the child and the educational preferences of its parents”

Type: Backbencher

Signatures: 2

Lord Lucas (Con - Excepted Hereditary)
Lord Wei (Con - Life peer)

Amendment 312

This amendment was NOT MOVED

Clause 31, page 61, line 11, at end insert—
“(2A) A local authority must, on request, secure the provision of an examination centre within a reasonable distance where a child registered under section 436B may take any examination that the Secretary of State has authorised for administration by a relevant school.”

Type: Backbencher

Signatures: 2

Lord Lucas (Con - Excepted Hereditary)
Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment would ensure that elective home educated children are able to access an examination centre within a reasonable distance.

Amendment 313

This amendment was NOT MOVED

Clause 31, page 61, line 11, at end insert—
“(2A) A local authority must facilitate or make arrangements for children registered under section 436B—
(a) to be offered facilities and training on the same terms as the local authority offers them to pupils at relevant schools,
(b) to be offered facilities and training (e.g. student discounts) on the same terms as organisations other than the local authority offer them to pupils at relevant schools,
(c) to have access to colleges for courses for 14–16 year-olds, and for level 3 courses at colleges for which a home educated child has the aptitude but not standard qualifications,
(d) to have access to venues for taking public exams,
(e) to be offered signposting and support to access SEN referrals and assessments, support for older SEN students transitioning into adulthood, and access SEN provision such as speech therapists if not in school,
(f) to be offered, on request, the provision of alternative provision such as equine therapy which ordinarily requires a school referral,
(g) to be offered, on request, the provision of speciality equipment for children with SEND (such as braille readers),
(h) where they have an ECHP, to have personal budgets and independent payments in line with provision to children in schools, and
(i) to have access to work experience.”

Type: Backbencher

Signatures: 1

Lord Crisp (XB - Life peer)

Member's explanatory statement

This amendment sets out how local authorities should facilitate the education of children who are being home educated by giving them access to appropriate local authority services and facilitating their access to services provided by other organisations. It recognises that they have responsibilities to all the children in their area.

Amendment 317

This amendment was NOT MOVED

Clause 31, page 61, line 23, at end insert—
“436GA Performance reporting
A local authority must report annually, in a form specified by the Secretary of State, on the educational performance of children who attained the age of 19 in the previous year and who did belong to one of the following categories—
(a) children under section 19 (exceptional provision of education in pupil referral units or elsewhere: England);
(b) children educated under section 61 of the Children and Families Act 2014 (special education provision otherwise than in schools, post-16 institutions etc);
(c) children who are “looked after”;
(d) children who are on the register established by section 436B.”

Type: Backbencher

Signatures: 2

Lord Lucas (Con - Excepted Hereditary)
Lord Wei (Con - Life peer)

Amendment 313A

This amendment was NOT MOVED

Clause 31, page 61, line 23, at end insert—
“if (taken together with the local authority’s other actions) to do so is in the best interests of the child concerned”

Type: Backbencher

Signatures: 1

Lord Lucas (Con - Excepted Hereditary)

Amendment 314

This amendment was NOT MOVED

Clause 31, page 61, line 23, at end insert—
“(4) It is the duty of a local authority—
(a) to respect the right of parents to determine how their children are educated,
(b) as far as possible, to maintain good relationships with, consult with, and support local elective home education groups,
(c) as far as possible, to build positive and mutually respectful relationships with home education families and support them with the intellectual, emotional and physical development and wellbeing of their children,
(d) to employ staff to manage their elective home education functions who are suitably trained and experienced, with knowledge and understanding of approaches to home education, SEND, Gypsy, Roma and Traveller people, human rights & GDPR, and
(e) to organise supportive and informal events where the local authority officials can meet home educating families and facilitate question and answer sessions between home educators and the officials.”

Type: Backbencher

Signatures: 2

Lord Crisp (XB - Life peer)
Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment seeks to build positive relationships between local authorities and home educating parents by ensuring that local authorities meet with home educating children in informal settings and establish support structures, with a view to making the local authority’s work constructive and efficient.

Amendment 315

This amendment was NOT MOVED

Clause 31, page 61, line 23, at end insert—
“(4) Where a parent has made a request for support, no action under section 436H may be taken in relation to educational suitability in the area where support has been requested.”

Type: Backbencher

Signatures: 1

Baroness Jones of Moulsecoomb (Green - Life peer)

Member's explanatory statement

A request for support could be taken as an indication that the education is currently not suitable. This amendment would avoid penalising any parents coming forward to improve their provision in this way.

Opposition Amendment 316

This amendment was NOT MOVED

Clause 31, page 61, line 23, at end insert—
“436GA Arrangement for national examinations for children not in school
Where a child is eligible to be registered by the authority under section 436B, the authority must—
(a) provide for the child to be able to sit any relevant national examination, and
(b) provide financial assistance to enable the child to sit any relevant national examination,
where requested by the parent or carer of the child.”

Type: Opposition

Signatures: 2

Lord Storey (LD - Life peer)

Liberal Democrat Lords Spokesperson (Education)

Lord Crisp (XB - Life peer)

Member's explanatory statement

This amendment would mean that where a child is required to be placed on the register, that child qualifies for financial assistance to sit any relevant national exam.

Amendment 318

This amendment was NOT MOVED

Clause 31, page 61, line 23, at end insert—
“436GA No oversight in rural areas
Families living more than ten miles from the nearest maintained school shall not be required to be registered under section 436B unless safeguarding concerns are present.”

Type: Backbencher

Signatures: 1

Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment seeks to provide a practical exemption from registration for families in remote areas, in the light of any difficulty in accessing schools and to reduce any unnecessary administrative burden.

Amendment 320

This amendment was NOT MOVED

Clause 31, page 61, line 23, at end insert—
“436GA Rolling review requirement
(1) The Secretary of State shall review the operation and impact of sections 436B to 436G every two years and lay the findings before Parliament.
(2) Sections 436B to 436G shall cease to have effect 12 months after the review, unless a resolution approving their continuation has been passed by both Houses of Parliament.
(3) Any such resolution may be subject to conditions, modifications, or time limits as Parliament sees fit.”

Type: Backbencher

Signatures: 1

Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment mandates a biennial review of the home education register to ensure transparency, accountability, and continuous policy evaluation.

Amendment 321

This amendment was NOT MOVED

Clause 31, page 61, line 23, at end insert—
“436GA Automatic home education registration exemption for chess masters
A child who has achieved chess grandmaster status shall be considered to be receiving a suitable education and shall be exempt from registration under section 436B.”

Type: Backbencher

Signatures: 1

Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment recognises that children who attain chess grandmaster status demonstrate exceptional intellectual achievement. It automatically treats them as receiving a sufficient education.

Amendment 322

This amendment was NOT MOVED

Clause 31, page 61, line 23, at end insert—
“436GA Recognition of nomadic learning lifestyles
Families who live a nomadic lifestyle, including but not limited to travelling performers, van-dwellers, or digital nomads, shall be exempt from registration under section 436B, provided education is demonstrably provided.”

Type: Backbencher

Signatures: 1

Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment seeks to recognise the requirements of nomadic families and seeks to exempt them from fixed-registration rules, while preserving the requirement to provide suitable education.

Amendment 323

This amendment was NOT MOVED

Clause 31, page 61, line 23, at end insert—
“436GA Diplomatic immunity for international educators
A parent temporarily residing in the United Kingdom whose child is actively engaged in a recognised international education program shall be exempt from registration requirements under section 436B to 436D.”

Type: Backbencher

Signatures: 1

Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment exempts families temporarily based in the UK while participating in international education programs, allowing them to maintain their existing educational arrangements without regulatory interference.

Amendment 324

This amendment was NOT MOVED

Clause 31, page 61, line 23, at end insert—
“436GA Right of asylum-seeking families to home educate
(1) A family awaiting a decision on an asylum application shall have the right to educate their child at home without being subject to registration under section 436B.
(2) The parent must provide a written statement confirming they are providing suitable home education and, to the best of their knowledge, have done so prior to arrival in the United Kingdom.
(3) A local authority may not require further information unless it has reasonable grounds to believe the child is at risk of significant harm, as defined in section 31(9) of the Children Act 1989.”

Type: Backbencher

Signatures: 1

Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment seeks to ensure families seeking asylum retain the right to home educate without added procedural burdens while awaiting immigration decisions, with the intention of minimising disruption to children’s education.

Amendment 325

This amendment was NOT MOVED

Clause 31, page 61, line 23, at end insert—
“436GA Age-based reduction of oversight
A child aged 14 or over may, with parental agreement, register as a self-directed learner and shall not be subject to oversight under section 436B unless safeguarding concerns arise.”

Type: Backbencher

Signatures: 1

Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment seeks to allow children aged 14 and older to register as self-directed learners, free from routine oversight. It seeks to respect the autonomy of older students to take control of their education outside of formal systems.

Amendment 326

This amendment was NOT MOVED

Clause 31, page 61, line 23, at end insert—
“436GA Crisis exemption from educational requirements
A child shall not be required to be registered under section 436B or comply with formal education duties if their family is displaced or severely affected by war, natural disaster, or economic collapse.”

Type: Backbencher

Signatures: 1

Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment seeks to provide compassionate exemptions from educational regulation during periods of personal or national crisis.

Amendment 328

This amendment was NOT MOVED

Clause 31, page 61, line 23, at end insert—
“436GA Prohibition on data sharing with immigration authorities
Data collected under section 436B must not be shared with immigration enforcement bodies under any circumstances.”

Type: Backbencher

Signatures: 1

Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment seeks to ensure that data collected under section 436B may not be shared with immigration enforcement bodies under any circumstances.

Amendment 329

This amendment was NOT MOVED

Clause 31, page 61, line 23, at end insert—
“436GA Independent review board
The Secretary of State must establish a board composed of home educators and education law experts to monitor and evaluate the impact of section 436B.”

Type: Backbencher

Signatures: 1

Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment creates a board to independently assess the register’s operation and ensure home educators are represented in the evaluation process.

Amendment 330

This amendment was NOT MOVED

Clause 31, page 61, line 23, at end insert—
“436GA Pilot scheme before national implementation
Sections 436B to 436G must not come into full effect until a two-year pilot programme of the registration requirements has been completed in at least three local authorities.”

Type: Backbencher

Signatures: 1

Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment introduces a pilot phase to test the registration scheme before full national rollout, in order to allow for evidence-led refinement of the provisions.

Amendment 319

This amendment was WITHDRAWN BEFORE DEBATE

[Withdrawn]
Clause 31, page 61, line 23, at end insert—
“436GA Privacy-preserving AI reporting tool for home education
(1) A home-educating parent may satisfy a local authority request for information under section 436D(2)(a) by submitting progress data to an approved AI-based reporting tool.
(2) A tool under subsection (1) may generate an anonymised summary report accessible to the local authority.
(3) The report must not be stored, copied, or reused, and must be automatically destroyed after 30 days.
(4) The local authority may not request such a report from any given home-educating family more than once in any 12-month period.
(5) Any AI tool used must be open source or subject to independent peer review to ensure fairness and transparency.”

Type: Backbencher

Signatures: 1

Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment allows parents to submit education data to a privacy-preserving AI system that generates a temporary, anonymised report for local authorities. The tool must be transparent, and data cannot be retained or reused. The amendment seeks to limit requests to once per year, with the intention of protecting family privacy and preventing misuse.

Amendment 327

This amendment was WITHDRAWN BEFORE DEBATE

[Withdrawn]
Clause 31, page 61, line 23, at end insert—
“436GA Appeal rights for older children
A child aged 14 to 18 shall have the right to appeal to an independent tribunal against a local authority decision under sections 436B to 436G.”

Type: Backbencher

Signatures: 1

Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment seeks to give older children the right to challenge decisions that affect their education, ensuring their voice is included in home education matters.

Opposition Amendment 331

This amendment was NOT MOVED

After Clause 31, insert the following new Clause—
“Review of impact on home educators and reduction of unnecessary reporting
(1) The Secretary of State must, within six months of the day on which this Act is passed, conduct a review and report of the impact of section 31 on home educators in England.
(2) The review must include an assessment of—
(a) the administrative and reporting requirements placed on home educators as a result of section 31,
(b) the administrative and reporting requirements placed on local authorities as a result of section 31,
(c) the extent to which such requirements are necessary for safeguarding purposes, and
(d) any data or reporting obligations that can be reduced or removed for home educators where they are not essential for safeguarding.
(3) The Secretary of State must lay a report before Parliament setting out the findings of the review, including—
(a) an analysis of the impact of section 31 on home educators,
(b) a clear outline of any data or reporting obligations that will no longer be required from home educators, and
(c) a timeline for the removal of unnecessary reporting obligations, which must not exceed 12 months from the publication of the report.
(4) In conducting the review, the Secretary of State must consult with representatives of home educators and relevant stakeholders.
(5) The report must be made publicly available.
(6) The Secretary of State must ensure that any reporting obligations identified as unnecessary under subsection (3)(b) are removed within the timeframe specified in subsection (3)(c).”

Type: Opposition

Signatures: 2

Lord Storey (LD - Life peer)

Liberal Democrat Lords Spokesperson (Education)

Lord Crisp (XB - Life peer)

Member's explanatory statement

This amendment requires the Secretary of State to conduct a review and report of the impact of section 31 on home educators in England.

Amendment 333ZA

This amendment was WITHDRAWN

After Clause 31, insert the following new Clause—
“Review of safeguarding protections in private tuition settings
(1) Within 12 months of the day on which this Act is passed, the Secretary of State must publish a review of—
(a) the adequacy of safeguards in place to protect children who receive private tuition, either online or in-person,
(b) the extent to which providers of private tuition carry out background checks on their tutors, and
(c) the impact, if any, of the activities defined as “Regulated activity relating to children” in Schedule 4 of the Safeguarding Vulnerable Groups Act 2006 on safeguarding in private tuition settings.
(2) Within six months of the completion of the review, the Secretary of State must publish and lay before Parliament a report on the findings of the review and any recommendations to improve safeguarding protections in private tuition.”

Type: Backbencher

Signatures: 1

Lord Hampton (XB - Excepted Hereditary)

Member's explanatory statement

This amendment seeks to require the Government to assess the adequacy of safeguarding protections for children with private tutors, who may not have to undergo an enhanced DBS check under current requirements.

Amendment

This amendment was STOOD PART

The above-named Lords give notice of their intention to oppose the Question that Clause 31 stand part of the Bill.

Type: Backbencher

Signatures: 4

Lord Lucas (Con - Excepted Hereditary)
Lord Frost (Con - Life peer)
Lord Wei (Con - Life peer)
Baroness Jones of Moulsecoomb (Green - Life peer)

Member's explanatory statement

This is intended to probe how Clause 31 relates to Clause 4, whether all children will now be included in registers or whether some are still left out, and how children will come to the local authority’s attention as needing to be registered.

Amendment 333A

This amendment was WITHDRAWN

Clause 32, page 64, line 28, leave out from beginning to end of line 3 on page 66

Type: Backbencher

Signatures: 1

Lord Hacking (Lab - Excepted Hereditary)

Amendment 334

This amendment was NOT MOVED

Clause 32, page 64, line 29, leave out “must” and insert “may”

Type: Backbencher

Signatures: 2

Lord Lucas (Con - Excepted Hereditary)
Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment seeks to ensure that a local authority does not have to serve a preliminary notice, if this would be better for the child’s wellbeing.

Amendment 335

This amendment was NOT MOVED

Clause 32, page 64, line 32, after “age” insert—
“(ab) all relevant support has been offered to the parent,”

Type: Backbencher

Signatures: 2

Lord Lucas (Con - Excepted Hereditary)
Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment seeks to ensure that local authorities have offered support to parents, before they can serve a preliminary notice.

Amendment 336

This amendment was NOT MOVED

Clause 32, page 64, leave out lines 34 to 36

Type: Backbencher

Signatures: 1

Baroness Jones of Moulsecoomb (Green - Life peer)

Amendment 337

This amendment was NOT MOVED

Clause 32, page 65, line 1, leave out “, C or D”

Type: Backbencher

Signatures: 1

Baroness Jones of Moulsecoomb (Green - Life peer)

Amendment 338

This amendment was NOT MOVED

Clause 32, page 65, leave out lines 3 and 4

Type: Backbencher

Signatures: 2

Lord Lucas (Con - Excepted Hereditary)
Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment probes the circumstances in which the “best interest” test would be applied.

Amendment 339

This amendment was NOT MOVED

Clause 32, page 65, leave out lines 9 to 11

Type: Backbencher

Signatures: 2

Lord Lucas (Con - Excepted Hereditary)
Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment probes the circumstances in which a local authority enquiry would satisfy condition B.

Amendment 340

This amendment was NOT MOVED

Clause 32, page 65, line 10, at end insert “if those enquiries meet a specified threshold”

Type: Backbencher

Signatures: 2

Lord Lucas (Con - Excepted Hereditary)
Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment seeks to explore the circumstances under which this would satisfy condition B.

Amendment 341

This amendment was NOT MOVED

Clause 32, page 65, leave out lines 20 and 21

Type: Backbencher

Signatures: 2

Lord Lucas (Con - Excepted Hereditary)
Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment seeks to prevent local authorities from judging when it would be in a child’s best interest for them to receive education by regular attendance at school.

Amendment 342

This amendment was NOT MOVED

Clause 32, page 65, leave out lines 22 to 35

Type: Backbencher

Signatures: 1

Baroness Jones of Moulsecoomb (Green - Life peer)

Amendment 343

This amendment was NOT MOVED

Clause 32, page 65, line 29, at end insert—
“and the information not provided, or the inaccuracy of the information provided, is of sufficient importance to justify a school attendance order.”

Type: Backbencher

Signatures: 2

Lord Lucas (Con - Excepted Hereditary)
Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment seeks to require a parent’s serious error in relation to the provision of information before a preliminary notice can be justified under Condition C.

Amendment 344

This amendment was NOT MOVED

Clause 32, page 65, leave out lines 30 to 35

Type: Backbencher

Signatures: 2

Lord Lucas (Con - Excepted Hereditary)
Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment probes the circumstances under which Condition D could justify the serving of a preliminary notice.

Amendment 345

This amendment was NOT MOVED

Clause 32, page 65, line 35, at end insert—
“and the information not provided, or the inaccuracy of the information provided, is of sufficient importance to justify a school attendance order.”

Type: Backbencher

Signatures: 2

Lord Lucas (Con - Excepted Hereditary)
Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment seeks to require that a preliminary notice can only be justified under Condition D if there is a serious error in the information provided by the parent.

Amendment 346

This amendment was NOT MOVED

Clause 32, page 65, line 37, leave out “to D” and insert “or B”

Type: Backbencher

Signatures: 1

Baroness Jones of Moulsecoomb (Green - Life peer)

Amendment 347

This amendment was NOT MOVED

Clause 32, page 65, line 39, leave out from “delay” to “and” in line 42

Type: Backbencher

Signatures: 2

Lord Lucas (Con - Excepted Hereditary)
Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment seeks to probe the five day deadline for serving a preliminary notice.

Amendment 348

This amendment was WITHDRAWN

Clause 32, page 66, line 4, leave out from beginning to end of line 36 on page 67

Type: Backbencher

Signatures: 3

Lord Lucas (Con - Excepted Hereditary)
Lord Wei (Con - Life peer)
Lord Hacking (Lab - Excepted Hereditary)

Member's explanatory statement

This amendment seeks to facilitate debate of school attendance orders

Amendment 349

This amendment was NOT MOVED

Clause 32, page 66, leave out lines 24 to 27

Type: Backbencher

Signatures: 2

Lord Lucas (Con - Excepted Hereditary)
Lord Wei (Con - Life peer)

Member's explanatory statement

This probing amendment seeks to remove the “suitable education” test from provision preventing the serving of a school attendance order.

Opposition Amendment 349A

This amendment was NOT MOVED

Clause 32, page 66, line 34, at end insert—
“(2A) A local authority must not serve an order under this section on a child’s parents if the child—
(a) has an education, health and care plan,
(b) experiences emotionally-based school avoidance, or
(c) is eligible for special educational needs support.”

Type: Opposition

Signatures: 1

Lord Storey (LD - Life peer)

Liberal Democrat Lords Spokesperson (Education)

Member's explanatory statement

This amendment seeks to prevent school attendance orders being applied to children with certain health, emotional and learning needs.

Amendment 350

This amendment was NOT MOVED

Clause 32, page 66, line 37 leave out “all of the” and insert “the major”

Type: Backbencher

Signatures: 2

Lord Lucas (Con - Excepted Hereditary)
Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment seeks to remove the requirement for local authorities to consider all of a child’s educational settings when determining whether to serve a school attendance order, as this could require them to consider an infeasibly large number of settings. Instead, the amendment proposes that local authorities consider “the major” settings.

Amendment 351

This amendment was NOT MOVED

Clause 32, page 66, line 38, leave out “and where the child lives”

Type: Backbencher

Signatures: 2

Lord Lucas (Con - Excepted Hereditary)
Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment seeks to avoid any discrimination based on the location of a child’s residence, when a local authority is considering settings for the purposes of determining whether a school attendance order must be served.

Amendment 352

This amendment was NOT MOVED

Clause 32, page 66, line 39, leave out “how the child is being educated” and insert “the form the child’s education takes”

Type: Backbencher

Signatures: 2

Lord Lucas (Con - Excepted Hereditary)
Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment seeks to avoid any implied ability to make financial enquiries.

Amendment 353

This amendment was WITHDRAWN

Clause 32, page 66, line 42, leave out from beginning to end of line 2 on page 67

Type: Backbencher

Signatures: 1

Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment seeks to remove the local authority’s power to request to visit a child at home, for the purpose of determining whether a school attendance order should be served.

Amendment 354

This amendment was NOT MOVED

Clause 32, page 67, line 2, at end insert “, subject to a court order to that effect.”

Type: Backbencher

Signatures: 2

Lord Lucas (Con - Excepted Hereditary)
Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment seeks to require that a local authority must possess a court order before visiting a child at home, for the purpose of determining whether a school attendance order should be served.

Amendment 355

This amendment was NOT MOVED

Clause 32, page 67, line 2, at end insert—
“(d) must consider what the local authority knows of the child’s reaction to strangers, schools and persons in authority.”

Type: Backbencher

Signatures: 2

Lord Lucas (Con - Excepted Hereditary)
Lord Wei (Con - Life peer)

Amendment 356

This amendment was NOT MOVED

Clause 32, page 67, line 11, leave out from “delay” to “and” in line 14

Type: Backbencher

Signatures: 2

Lord Lucas (Con - Excepted Hereditary)
Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment seeks to probe the deadline for informing the governing body and headteacher when a maintained school is named in a school attendance order.

Amendment 357

This amendment was NOT MOVED

Clause 32, page 67, line 15, at end insert—
“(c) must describe the reasons for the decision to serve the order.”

Type: Backbencher

Signatures: 1

Baroness Jones of Moulsecoomb (Green - Life peer)

Member's explanatory statement

This amendment seeks to give parents the information needed to be able to challenge a school attendance order, or if they wish to make changes and then request revocation.

Amendment 358

This amendment was NOT MOVED

Clause 32, page 67, line 21, at end insert—
“(c) the child relocates outside the jurisdiction.”

Type: Backbencher

Signatures: 2

Lord Lucas (Con - Excepted Hereditary)
Lord Wei (Con - Life peer)

Amendment 359

This amendment was NOT MOVED

Clause 32, page 67, line 24, leave out from “delay” to “inform” in line 26

Type: Backbencher

Signatures: 2

Lord Lucas (Con - Excepted Hereditary)
Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment seeks to probe the deadline for informing the governing body and headteacher when a maintained school is named in a school attendance order.

Opposition Amendment 359A

This amendment was WITHDRAWN

Clause 32, page 67, leave out from line 37 to line 19 on page 68

Type: Opposition

Signatures: 1

Lord Storey (LD - Life peer)

Liberal Democrat Lords Spokesperson (Education)

Member's explanatory statement

This amendment is connected to another in the name of Lord Storey which seeks to prevent school attendance orders being applied to children with an education, health and care plan.

Amendment 360

This amendment was NOT MOVED

Clause 32, page 68, line 4, leave out “amend” and insert “review”

Type: Backbencher

Signatures: 2

Lord Lucas (Con - Excepted Hereditary)
Lord Wei (Con - Life peer)

Amendment 361

This amendment was NOT MOVED

Clause 32, page 68, leave out lines 7 to 10

Type: Backbencher

Signatures: 2

Lord Lucas (Con - Excepted Hereditary)
Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment seeks to probe how this subsection could result in an inappropriate school being named if no review is held.

Amendment 362

This amendment was NOT MOVED

Clause 32, page 70, leave out line 10 and insert—
“the parent shall be considered as having fulfilled their duty to provide suitable education to the child.”

Type: Backbencher

Signatures: 2

Lord Lucas (Con - Excepted Hereditary)
Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment seeks to ensure that if a parent enrolled their child into an independent school and their financial circumstances changed, they would not be forced to pay unaffordable bills.

Opposition Amendment 362A

This amendment was NOT MOVED

Clause 32, page 72, line 40, leave out from “than” to “a” on line 41

Type: Opposition

Signatures: 1

Lord Storey (LD - Life peer)

Liberal Democrat Lords Spokesperson (Education)

Member's explanatory statement

This amendment is connected to another in the name of Lord Storey which seeks to prevent school attendance orders being applied to children with an education, health and care plan.

Amendment 363

This amendment was NOT MOVED

Clause 32, page 73, line 42, at end insert—
“(5) If a child subject to a notice leaves the jurisdiction, the local authority must revoke the order.”

Type: Backbencher

Signatures: 2

Lord Lucas (Con - Excepted Hereditary)
Lord Wei (Con - Life peer)

Amendment 364

This amendment was NOT MOVED

Clause 32, page 74, line 37, at end insert—
“(4A) In arriving at an opinion under subsection (4) the local authority must consult a panel, established for that purpose, including established home-educating parents.”

Type: Backbencher

Signatures: 1

Lord Wei (Con - Life peer)

Amendment 365

This amendment was NOT MOVED

Clause 32, page 74, leave out lines 38 to 42 and insert—
“(5) A parent may appeal to the Tribunal against a decision of the local authority to refuse to comply with a request under subsection (3).
(5A) An appeal under subsection (5) must be brought within a period of 28 days beginning with the date on which the local authority’s decision was notified to the parent.
(5B) On an appeal, the Tribunal may—
(a) confirm the decision of the local authority, or
(b) direct that the parent’s request should be granted.”

Type: Backbencher

Signatures: 2

Lord Crisp (XB - Life peer)
Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment would afford a parent a right of appeal against a local authority decision to refuse to end or revise a school attendance order.

Amendment 366

This amendment was NOT MOVED

Clause 32, page 74, line 43, leave out from beginning to end of line 12 on page 75

Type: Backbencher

Signatures: 2

Lord Lucas (Con - Excepted Hereditary)
Lord Wei (Con - Life peer)

Opposition Amendment 366A

This amendment was NOT MOVED

Clause 32, page 75, leave out lines 4 to 12

Type: Opposition

Signatures: 1

Lord Storey (LD - Life peer)

Liberal Democrat Lords Spokesperson (Education)

Member's explanatory statement

This amendment is connected to another in the name of Lord Storey which seeks to prevent school attendance orders being applied to children with an education, health and care plan.

Amendment 367

This amendment was NOT MOVED

Clause 32, page 76, line 9, at end insert “, unless the child is no longer resident within the jurisdiction.”

Type: Backbencher

Signatures: 2

Lord Lucas (Con - Excepted Hereditary)
Lord Wei (Con - Life peer)

Amendment 367A

This amendment was NOT MOVED

Clause 32, page 76, line 24, leave out “may” and insert “must”

Type: Backbencher

Signatures: 1

Lord Hacking (Lab - Excepted Hereditary)

Amendment 368

This amendment was NOT MOVED

Clause 32, page 76, leave out lines 30 to 33 and insert—
“(8) A person who commits an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.”

Type: Backbencher

Signatures: 3

Baroness Whitaker (Lab - Life peer)
Lord Bourne of Aberystwyth (Con - Life peer)
Baroness Bakewell of Hardington Mandeville (LD - Life peer)

Member's explanatory statement

This amendment would retain the maximum fine at level 3 (£1000) rather than level 4 (£2500) and would remove the possibility of imprisonment.

Amendment 369

This amendment was NOT MOVED

Clause 32, page 76, leave out lines 30 to 37 and insert—
“(8) A person who commits an offence under this section is liable on summary conviction to a fine not exceeding the equivalent of one day’s wages at the National Minimum Wage.”

Type: Backbencher

Signatures: 1

Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment sets a reasonable upper limit on fines for failure to comply with school attendance orders to ensure they remain proportionate and do not unfairly burden low-income families.

Amendment 370

This amendment was WITHDRAWN BEFORE DEBATE

[Withdrawn]
Clause 32, page 76, line 32, leave out “4” and insert “5”

Type: Backbencher

Signatures: 2

Baroness Blackstone (Lab - Life peer)
Baroness Morris of Yardley (Lab - Life peer)

Member's explanatory statement

This amendment seeks to make the fine for school attendance order offences unlimited where there are serious breaches of such offences.

Amendment 371

This amendment was NOT MOVED

Clause 32, page 76, line 33, at end insert “but the child’s best interests shall be taken fully into account when deciding the sentence.”

Type: Backbencher

Signatures: 2

Lord Lucas (Con - Excepted Hereditary)
Lord Wei (Con - Life peer)

Amendment

This amendment was STOOD PART

The above-named Lords give notice of their intention to oppose the Question that Clause 32 stand part of the Bill.

Type: Backbencher

Signatures: 4

Lord Lucas (Con - Excepted Hereditary)
Lord Frost (Con - Life peer)
Lord Wei (Con - Life peer)
Baroness Jones of Moulsecoomb (Green - Life peer)

Member's explanatory statement

This is intended to allow a general discussion of school attendance orders.

Amendment 372

This amendment was NOT MOVED

After Clause 32, insert the following new Clause—
“Non-criminalisation of home education
(1) A parent shall not be subject to criminal conviction, and no criminal record shall result, solely from a failure to comply with the registration requirements under section 436D of the Education Act 1996 (inserted by this Act).
(2) Any enforcement action for non-registration must be civil in nature and proportionate to the educational context.”

Type: Backbencher

Signatures: 1

Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment prevents parents from acquiring a criminal record solely due to a failure to register under new section 436D. It would ensure that enforcement is civil, not criminal, to avoid long-term harm to the family and child, while still allowing proportionate oversight where needed.

Amendment 373

This amendment was NOT MOVED

After Clause 32, insert the following new Clause—
“Exemption from penalty for mental health or bullying
A parent must not be subject to penalty or enforcement under section 436Q of the Education Act 1996 if the withdrawal of their child from school was supported by a medical professional due to bullying or mental health concerns.”

Type: Backbencher

Signatures: 1

Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment protects families from penalties where withdrawal is supported by clinical advice due to bullying or mental health risks.

Amendment 374

This amendment was NOT MOVED

After Clause 32, insert the following new Clause—
“No fines for off-grid families
A family that produces its own energy and food and lives more than ten miles from the nearest maintained school shall be exempt from penalties for non-attendance under section 436Q of the Education Act 1996.”

Type: Backbencher

Signatures: 1

Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment seeks to exempt off-grid families from education-related fines where conventional schooling is impractical or unnecessary.

Amendment 375

This amendment was NOT MOVED

Clause 33, page 78, line 28, at end insert—
“(5) A parent is entitled to claim compensation in respect of any breaches of data protection in relation to actions under this Act.”

Type: Backbencher

Signatures: 2

Lord Lucas (Con - Excepted Hereditary)
Lord Wei (Con - Life peer)

Amendment

This amendment was STOOD PART

Baroness Jones of Moulsecoomb gives notice of her intention to oppose the Question that Clause 33 stand part of the Bill.

Type: Backbencher

Signatures: 1

Baroness Jones of Moulsecoomb (Green - Life peer)

Amendment 376

This amendment was NOT MOVED

After Clause 34, insert the following new Clause—
“Notification and registration of licence or Body of Persons Approval to local authority
In the Children (Performances and Activities) (England) Regulations 2014 (S.I. 2014/3309), after regulation 31, insert the following—
“32 Notification and registration of licence approval to local authorities
(1) Where a licensing authority approves a licence or authorises a performance under a Body of Persons Approval, they must notify the local authority in which the child resides, including information about the—
(a) type of licence or Body of Persons Approval;
(b) duration of performance;
(c) duration of absence from school setting;
(d) details of any alternative education provision during performance.
(2) Where a local authority receives notification of an approved licence and must register a child under section 436B of the Education Act 1996, they must update the register to specify the reason of absence as performance-related.
(3) Where a local authority is also the licensing authority and must register a child under section 436B of the Education Act 1996, they must update the register to specify the reason of absence as performance-related.””

Type: Backbencher

Signatures: 2

Baroness Benjamin (LD - Life peer)
Lord Storey (LD - Life peer)

Liberal Democrat Lords Spokesperson (Education)

Member's explanatory statement

This amendment requires licensing authorities that approve a licence or authorise a performance under a Body of Persons Approval for a child to perform to notify the local authority in which the child resides.

Amendment 377

This amendment was NOT MOVED

After Clause 34, insert the following new Clause—
“Review of The Children (Performances and Activities) (England) Regulations 2014
Within 6 months of the passing of this Act, the Secretary of State must conduct a review of the effect of the provisions in this Act on the operation of The Children (Performances and Activities) (England) Regulations 2014.”

Type: Backbencher

Signatures: 1

Baroness Benjamin (LD - Life peer)

Amendment

This amendment was STOOD PART

Baroness Jones of Moulsecoomb gives notice of her intention to oppose the Question that Clause 34 stand part of the Bill.

Type: Backbencher

Signatures: 1

Baroness Jones of Moulsecoomb (Green - Life peer)

Amendment 385

This amendment was WITHDRAWN BEFORE DEBATE

[Withdrawn]
After Clause 35, insert the following new Clause—
“Presumption of parental competence
In assessing whether a child is receiving suitable education, a local authority shall presume that the parent is competent to provide such education, unless the authority can demonstrate, with clear and documented evidence, beyond reasonable doubt, that the education being provided is unsuitable.”

Type: Backbencher

Signatures: 1

Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment creates a legal presumption that parents are competent to educate their children. It requires local authorities to prove, beyond reasonable doubt and with clear evidence, that the education is unsuitable before intervening—ensuring parental rights are protected against speculative or unjustified action.

Amendment 378

This amendment was WITHDRAWN

After Clause 35, insert the following new Clause—
“Protection of home education rights during emergency or authoritarian rule
(1) In the event of a national emergency or authoritarian governance, the courts shall have the final authority to safeguard the right to home educate in accordance with this Act.
(2) Authoritarian governance shall be defined as any period during which emergency regulations or executive actions suspend, limit, or derogate from rights protected under the Human Rights Act 1998 or the European Convention on Human Rights.”

Type: Backbencher

Signatures: 1

Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment seeks to protect the legal right to home educate in exceptional national circumstances by placing judicial oversight above executive restrictions.

Amendment 379

This amendment was NOT MOVED

After Clause 35, insert the following new Clause—
“Limit on review duration without cause
(1) A home-educating family must not remain under continued review or monitoring by a local authority for more than 30 days unless the authority has reasonable cause to suspect that the child is at risk of significant harm, as defined in section 31(9) of the Children Act 1989.
(2) Where no such risk is found, the case must be closed, and the family notified in writing within 10 working days.”

Type: Backbencher

Signatures: 1

Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment ensures that home-educating families are not subject to prolonged review without specific concerns. If no safeguarding risk is identified within 30 days, local authorities must close the case and notify the family, protecting against unnecessary surveillance or open-ended monitoring.

Amendment 380

This amendment was NOT MOVED

After Clause 35, insert the following new Clause—
“Protection from reporting bias
If more than 50% of home education reports from a local authority in any calendar year are negative, an independent review must be triggered to assess objectivity and fairness.”

Type: Backbencher

Signatures: 1

Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment ensures that if local authority reports about home educators show consistent negativity, an independent review will assess potential bias, promoting fair and balanced oversight.

Amendment 381

This amendment was NOT MOVED

After Clause 35, insert the following new Clause—
“Inclusion of home educators on safeguarding panels
(1) Any safeguarding panel considering cases involving home-educated children must include at least one person with direct home education experience.
(2) For the purposes of this section, a “safeguarding panel” means any joint inter-agency structure, entity, local authority or other authority making decisions about children who are home-educated, or may be home-educated in the future, for safeguarding purposes or to prevent them from harm.”

Type: Backbencher

Signatures: 1

Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment ensures home education is fairly represented on safeguarding panels, adding practical insight to decision-making processes.

Amendment 382

This amendment was NOT MOVED

After Clause 35, insert the following new Clause—
“Home Education Ombudsman
(1) The Secretary of State must appoint an independent Home Education Ombudsman.
(2) The Ombudsman’s function is to investigate complaints from parents relating to the conduct, decisions, or practices of local authorities in the exercise of their functions under sections 436B to 436U of the Education Act 1996 (inserted by this Act).
(3) The Ombudsman must be independent of the Government and of local authorities.
(4) The Ombudsman must publish an annual report of findings and recommendations, designed to support any relevant judicial reviews undertaken by parents or carers who provide home education who are dissatisfied with the response of the Secretary of State to any written complaints made by those parents or carers about their treatment by local authorities and the impact of such treatment upon their activities or their rights to privacy, family life, and ability to home educate.”

Type: Backbencher

Signatures: 1

Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment creates a statutory office of an independent Home Education Ombudsman, empowered to investigate complaints from families about how local authorities are exercising their duties in relation to elective home education. This would strengthen accountability and protect families from unjustified or inconsistent local practice.

Amendment 383

This amendment was NOT MOVED

After Clause 35, insert the following new Clause—
“Exam support for home-educated children
The Secretary of State must ensure that home-educated children are entitled to the same exam fee support and access to recent past papers as children enrolled in maintained schools.”

Type: Backbencher

Signatures: 1

Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment ensures exam access parity by providing home-educated children with equivalent support to their peers in schools.

Amendment 384

This amendment was NOT MOVED

After Clause 35, insert the following new Clause—
“Parity of treatment for home education
A local authority, in exercising its functions under sections 436B to 436G of the Education Act 1996, must treat home education provision on a par with that of independent schools, including respecting the right of parents to determine curriculum, teaching methods, and educational philosophy, provided the education is suitable within the meaning of section 7 of the Education Act 1996.”

Type: Backbencher

Signatures: 1

Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment requires local authorities to apply the same level of respect and discretion to home education as is afforded to independent schools, provided the education is suitable under section 7 of the Education Act 1996. It affirms parental discretion over curriculum, pedagogy, and educational approach.

Amendment 386

This amendment was NOT MOVED

After Clause 35, insert the following new Clause—
“Right to sue for educational failure
A child compelled into formal schooling by a local authority may bring legal action against that authority for educational harm or failure to provide a suitable education if it can be demonstrated to have been as a result of being taken out of home education.”

Type: Backbencher

Signatures: 1

Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment gives children the right to seek redress where forced schooling leads to demonstrable harm or failure, holding authorities accountable for poor educational outcomes.

Amendment 387

This amendment was NOT MOVED

After Clause 35, insert the following new Clause—
“No regulation of educational content
A local authority must not comment on or assess the content or methodology of home education provided by a parent, provided it meets the standard of suitability under section 7 of the Education Act 1996.”

Type: Backbencher

Signatures: 1

Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment protects curriculum freedom by preventing local authorities from regulating or judging the materials and pedagogical approaches used in lawful home education.

Amendment 388

This amendment was NOT MOVED

After Clause 35, insert the following new Clause—
“Children’s advisory board for home education policy
The Secretary of State shall establish an annual review panel comprising at least 12 home-educated children aged 10 to 16, selected by lottery, to advise on education legislation affecting home education.”

Type: Backbencher

Signatures: 1

Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment seeks to empower children who are home educated to contribute directly to policy through an annual children’s jury, ensuring their experiences and views are considered in law-making.

Amendment 389

This amendment was NOT MOVED

After Clause 35, insert the following new Clause—
“Home education workers’ union
Home-educating parents have the right to form, join, and collectively organise in a registered home education workers’ union, including the right to petition and collectively bargain on education policy, on a par with other unions such as teachers’ unions.”

Type: Backbencher

Signatures: 1

Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment ensures that home-educating parents have the legal right to form and join a recognised union, giving them formal standing to be consulted on education policy, seek legal redress collectively, and advocate for resources. It mirrors protections available to teachers’ unions and enables fair representation in law and policy making.

Amendment 390

This amendment was NOT MOVED

After Clause 35, insert the following new Clause—
“Tax relief for home education expenses
The Secretary of State must, within six months of the day on which this Act comes into force, introduce a scheme allowing parents who home educate to deduct education-related expenses from their taxable income.”

Type: Backbencher

Signatures: 1

Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment seeks to allow home educators to deduct educational costs such as books, tutoring, and exams from their taxable income.

Amendment 391

This amendment was NOT MOVED

After Clause 35, insert the following new Clause—
“Right to jury trial in forced school attendance cases
No child may be compelled to attend school against the wishes of their parent or guardian unless the decision is upheld by a jury trial in a Magistrates’ Court or Crown Court.”

Type: Backbencher

Signatures: 1

Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment ensures that families facing forced school attendance orders have the right to a jury trial, providing stronger procedural safeguards and a community-based judgment in contested cases.

Amendment 392

This amendment was NOT MOVED

After Clause 35, insert the following new Clause—
“Protection from truancy penalties in lawful home education
After section 447 of the Education Act 1996 insert—
“447A Protection from truancy penalties in lawful home education
(1) No parent shall be subject to prosecution or penalty under sections 444 to 447 of this Act for non-attendance, where—
(a) the child has been lawfully withdrawn from school, and
(b) the parent is providing, or intends to provide, suitable education in accordance with section 7.
(2) This section does not prevent a local authority from issuing a School Attendance Order under section 437, but no such order may be issued solely on the basis of non-attendance, without first assessing the suitability of education being provided.””

Type: Backbencher

Signatures: 1

Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment protects parents from truancy-related penalties when they have lawfully withdrawn their child for home education. It ensures that enforcement action is only taken where there is clear evidence that suitable education is not being provided, not merely on the basis of school non-attendance.

Amendment 393

This amendment was NOT MOVED

After Clause 35, insert the following new Clause—
“Right to delay formal education
A parent may elect to delay the start of their child’s formal education until the academic year following their seventh birthday without penalty.”

Type: Backbencher

Signatures: 1

Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment allows parents to delay formal education to age seven, aligning with international practice and supporting readiness-based learning.

Amendment 394

This amendment was NOT MOVED

After Clause 35, insert the following new Clause—
“Study into privacy-preserving technologies
(1) The Secretary of State must, within six months of the passing of this Act, commission an independent study into the use of zero-knowledge proof technology as a method to verify educational provision in elective home educating families without compromising the privacy of those families.
(2) The findings of the study must be published and laid before Parliament.”

Type: Backbencher

Signatures: 1

Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment requires the Secretary of State to commission an independent study into the use of zero-knowledge proof technologies as a means of verifying education provision without compromising family privacy in elective home-educating families. It supports innovation in safeguarding and accountability while upholding principles of data minimisation and proportionality.

Amendment 395

This amendment was NOT MOVED

After Clause 35, insert the following new Clause—
“Local authority transparency reports
Each local authority must publish an annual report detailing its engagement with home-educating families, including data on support, complaints, and outcomes.”

Type: Backbencher

Signatures: 1

Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment seeks to increase transparency by requiring annual reporting of local authority practice, with the intention of supporting public accountability in the regulation of home education.

Amendment 396

This amendment was NOT MOVED

After Clause 35, insert the following new Clause—
“Independent research into home education
The Secretary of State must fund independent academic research into effective home education practices and publish findings every three years.”

Type: Backbencher

Signatures: 1

Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment seeks to commit the government to funding research into home education methods, ensuring evidence-based policy and best practice guidance.

Amendment 397

This amendment was NOT MOVED

After Clause 35, insert the following new Clause—
“Parental referendum on regulatory expansion
No new national regulatory measure concerning home education may be introduced unless approved by a majority of registered home-educating families through a parental referendum.”

Type: Backbencher

Signatures: 1

Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment intends to creates a democratic safeguard requiring parental approval before introducing new national home education regulations.

Amendment 398

This amendment was NOT MOVED

After Clause 35, insert the following new Clause—
“Protections for parents with disabilities
Parents with disabilities who home educate must not be subjected to more oversight than other parents solely on the basis of disability.”

Type: Backbencher

Signatures: 1

Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment seeks to protect parents with disabilities from unequal treatment in home education oversight, with the intention of ensuring non-discrimination.

Amendment 399

This amendment was NOT MOVED

After Clause 35, insert the following new Clause—
“Children’s right to refuse school attendance
A child aged eight or over has the right to express a preference for home education or school attendance, and this preference must be taken into account in any local authority or court decision.”

Type: Backbencher

Signatures: 1

Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment seeks to ensure that children aged eight and older have a say in their educational setting, with the intention of recognising their developing autonomy and right to participate in decisions affecting them.

Amendment 400

This amendment was NOT MOVED

After Clause 35, insert the following new Clause—
“Petition system for policy review
If 10,000 or more home-educating parents sign a verified petition on any home education matter, the Secretary of State must publish a formal response and conduct a policy review within six months.”

Type: Backbencher

Signatures: 1

Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment seeks to allow the home education community to initiate a government review on key issues, with the intention of promoting responsiveness and democratic engagement in education policy.

Amendment 401

This amendment was NOT MOVED

After Clause 35, insert the following new Clause—
“Home education rebate for school place shortages
Where no school place is available within a reasonable distance, a parent who home educates shall be entitled to claim a rebate equal to the per-pupil education funding allocation.”

Type: Backbencher

Signatures: 1

Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment ensures parents who home educate due to lack of available school places are not financially penalised, by enabling them to reclaim equivalent funding.

Amendment 402

This amendment was NOT MOVED

After Clause 35, insert the following new Clause—
“Council tax exemption for home educators
A local authority must reduce the council tax bill of any household educating a child at home by an amount equivalent to the funding per pupil provided to schools by local authorities.”

Type: Backbencher

Signatures: 1

Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment ensures that home-educating families are not required to contribute financially to local school services they do not use, through a council tax adjustment.

Amendment 403

This amendment was NOT MOVED

After Clause 35, insert the following new Clause—
“Emergency hearings: home education cases
Where a child is removed or proposed to be removed from the care of a parent due to concerns arising from home education, the parent shall have the right to an emergency court hearing within 48 hours.”

Type: Backbencher

Signatures: 1

Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment seeks to provide a legal right to parents to a prompt court hearing if a local authority seeks to remove a child due to concerns about home education.

Amendment 404

This amendment was NOT MOVED

After Clause 35, insert the following new Clause—
“Ban on algorithmic school allocation
A child withdrawn from school for elective home education may not be automatically re-enrolled in another school through an algorithmic or automated placement process without parental consent.”

Type: Backbencher

Signatures: 1

Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment seeks to ensure that families who choose home education are not automatically re-enrolled into a different school by local authorities. It seeks to protect the family’s right to decide on home education without interference from algorithmic school allocation systems.

Amendment 405

This amendment was NOT MOVED

After Clause 35, insert the following new Clause—
“Local authorities: requirement for proof of educational superiority
A local authority may not interfere with a child’s home education under section 436B of the Education Act 1996 unless it can demonstrate that its own maintained schools consistently outperform the education provided by the parent.”

Type: Backbencher

Signatures: 1

Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment requires councils to show that their state schools offer superior outcomes before intervening with a home-educating family, preventing arbitrary enforcement.

Amendment 406

This amendment was NOT MOVED

After Clause 35, insert the following new Clause—
“Qualifications for local authority officers making determinations about home education suitability
No local authority officer may make determinations about home education suitability unless they have passed an accredited assessment in alternative education methods.”

Type: Backbencher

Signatures: 1

Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment seeks to ensure that officials overseeing home education are qualified in alternative education, with the intention of improving the quality and fairness of their decisions.

Amendment 407

This amendment was NOT MOVED

After Clause 35, insert the following new Clause—
“Home education funding parity
The Secretary of State must ensure that home-educating families are eligible to receive per-pupil funding equivalent to that provided to maintained schools.”

Type: Backbencher

Signatures: 1

Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment seeks to give home educators access to public education funding, with the intention of supporting fairer distribution of educational resources.

Amendment 408

This amendment was NOT MOVED

After Clause 35, insert the following new Clause—
“Equal access to SEN and mental health services
A child educated at home must be entitled to the same access to publicly funded special educational needs and mental health support as children attending maintained schools.”

Type: Backbencher

Signatures: 1

Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment seeks to ensure that home-educated children are not excluded from essential services provided to school pupils.

Amendment 409

This amendment was NOT MOVED

After Clause 35, insert the following new Clause—
“Child-led school closure mechanism
Where at least 80% of pupils in a maintained school, aged 10 or over, express a preference for home education through a verified process, the Secretary of State must consult on transitioning that school into a home education support hub.”

Type: Backbencher

Signatures: 1

Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment provides a mechanism for students to initiate the transformation of a school into a home education hub if the vast majority prefer home-based learning, with the intention of supporting child-led educational reform.

Amendment 410

This amendment was NOT MOVED

After Clause 35, insert the following new Clause—
“National home education TV channel
The Secretary of State must fund and maintain a public broadcast service dedicated to delivering curriculum-aligned educational content for home-educated children.”

Type: Backbencher

Signatures: 1

Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment establishes a government-funded educational TV channel to support home-educating families.

Amendment 411

This amendment was NOT MOVED

After Clause 35, insert the following new Clause—
“National Insurance credits for full-time home educators
A parent who provides full-time home education must be treated as having limited capability for work for the purpose of receiving National Insurance credits.”

Type: Backbencher

Signatures: 1

Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment seeks to enable parents who home educate full-time to receive pension protection through NI credits, similar to unpaid carers.

Amendment 412

This amendment was NOT MOVED

After Clause 35, insert the following new Clause—
“Access to school facilities
A child educated at home shall be entitled to reasonable access to facilities and extracurricular activities offered by local maintained schools, including sports facilities and libraries.”

Type: Backbencher

Signatures: 1

Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment provides home-educated children with access to public school resources, supporting enrichment and inclusion.

Amendment 413

This amendment was NOT MOVED

After Clause 35, insert the following new Clause—
“Multi-generational home education tax break
A grandparent, aunt, uncle, or other extended family member who materially contributes to a child’s home education may claim a pro-rata tax rebate equivalent to 20% of the average per-pupil state funding allocation.”

Type: Backbencher

Signatures: 1

Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment offers a tax rebate to extended family members who actively support home education, recognising multi-generational educational care and relieving household financial burdens.

Amendment 414

This amendment was NOT MOVED

After Clause 35, insert the following new Clause—
“Removal of school-based legal custody
A school may not exercise in loco parentis responsibilities for a child unless the parent has provided explicit written consent, renewed annually.”

Type: Backbencher

Signatures: 1

Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment ensures that schools may only assume parental responsibility (in loco parentis) with explicit, annually renewed parental consent. It seeks to protect part-time home-educating families by preventing schools from automatically claiming authority over a child’s welfare or educational decisions without the parent’s ongoing approval.

Amendment 415

This amendment was NOT MOVED

After Clause 35, insert the following new Clause—
“Mandatory secondment for education officials
Any Department for Education employee involved in home education policy must undertake a twelve-month secondment in an alternative education setting before drafting or revising guidance.”

Type: Backbencher

Signatures: 1

Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment ensures that DfE staff have real-world experience with alternative education before shaping policy, improving relevance and reducing bias.

Amendment 416

This amendment was NOT MOVED

After Clause 35, insert the following new Clause—
“Oath of non-coercion for teachers
A teacher employed by a maintained school must not attempt to coerce or pressure a child or parent to attend or remain in school if they express a desire to home educate, and must swear or affirm an annual oath in writing to that effect as part of their professional responsibilities.”

Type: Backbencher

Signatures: 1

Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment prevents teachers from using undue influence to discourage or obstruct home education. It reinforces the right of families to choose education freely without coercion from school personnel.

Amendment 417

This amendment was NOT MOVED

After Clause 35, insert the following new Clause—
“Home education and the school year
When making a decision under a provision in this Act, a Local Authority cannot consider the educational calendar or timetable used by a family whose child has been withdrawn from school.”

Type: Backbencher

Signatures: 1

Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment grants home-educating families freedom from the school term calendar, allowing them to provide flexible, continuous education suited to their child’s needs. It also protects explicitly against local authorities penalising them for following a non-traditional timetable.

Amendment 418

This amendment was NOT MOVED

After Clause 35, insert the following new Clause—
“Penalties for false allegations against home educators
Where a report concerning a home-educating family is found to be malicious or knowingly false, the local authority shall refer the reporting individual for review, and a civil penalty may be imposed by a magistrate.”

Type: Backbencher

Signatures: 1

Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment seeks to deter false or malicious claims against home-educating families by introducing consequences for those who make unfounded reports, while maintaining proper safeguards and due process.

Amendment 419

This amendment was NOT MOVED

After Clause 35, insert the following new Clause—
“Funding eligibility for home education cooperatives
A home education cooperative comprising 50 or more families shall be eligible to apply for per-pupil public education funding equivalent to that received by maintained schools.”

Type: Backbencher

Signatures: 1

Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment seeks to allow large home education cooperatives to access public funding on a similar basis to schools.

Amendment 420

This amendment was NOT MOVED

After Clause 35, insert the following new Clause—
“Disqualification of inspectors by parent report
If three or more home-educating families submit documented complaints of misconduct by a local authority inspector, that individual shall be suspended from duties relating to home education pending review.”

Type: Backbencher

Signatures: 1

Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment seeks to protect home educators from any bias or inappropriate conduct by officials by requiring their temporary removal from oversight roles following multiple complaints.

Amendment 421

This amendment was NOT MOVED

After Clause 35, insert the following new Clause—
“Home educators may vote on local school budgets
A home-educating parent who pays local education-related taxes shall have the right to vote on local authority education budgets and school funding allocations.”

Type: Backbencher

Signatures: 1

Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment seeks to grants home educators a say in how local education funds are spent.

Amendment 422

This amendment was NOT MOVED

After Clause 35, insert the following new Clause—
“Minimum wage compensation for mandated oversight
Where home educators are required to submit reports, attend meetings, or be subject to oversight, they shall be entitled to compensation equal to the prevailing hourly minimum wage for time spent complying.”

Type: Backbencher

Signatures: 1

Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment seeks to ensure that home educators are compensated for time spent complying with oversight requirements, in the light of their role as unpaid educators and protecting against any uncompensated administrative burdens.

Amendment 423

This amendment was NOT MOVED

After Clause 35, insert the following new Clause—
““Education as trade” model
(1) A home-educated child is permitted to demonstrate educational attainment through the provision of services, mentoring, or trade in knowledge-based activities as evidence of learning.
(2) Such activities are to be considered education for the purposes of section 7 of the Education Act 1996 (Duty of parents to secure education of children of compulsory school age).”

Type: Backbencher

Signatures: 1

Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment seeks to allow children to demonstrate learning through trade, mentorship, or service-based contributions.

Amendment 424

This amendment was NOT MOVED

After Clause 35, insert the following new Clause—
“Home educator policy initiative
A local authority must formally consider and respond to any education policy proposal signed by at least 500 home-educating families in its area.”

Type: Backbencher

Signatures: 1

Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment seeks to enable home educators to initiate policy discussions with local authorities, who must respond if 500 home-educating families sign a proposal.

Amendment 425

This amendment was NOT MOVED

After Clause 35, insert the following new Clause—
“Sunset clauses on home education legislation
Any legislation or regulation concerning home education shall automatically expire five years after enactment unless reviewed and reapproved by Parliament following public consultation.”

Type: Backbencher

Signatures: 1

Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment ensures that all laws concerning home education are regularly reviewed and renewed only with public and parliamentary input, promoting accountability and adaptability in policy.

Amendment 426

This amendment was NOT MOVED

After Clause 35, insert the following new Clause—
“Exam access at independent schools
(1) An independent school must not deny access to sit examinations to a home-educated child solely on the basis that the child is not enrolled.
(2) Reasonable fees may be charged for administration.”

Type: Backbencher

Signatures: 1

Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment seeks to require independent schools to allow home-educated children to sit exams even if they are not enrolled.

Amendment 426A

This amendment was NOT MOVED

After Clause 35, insert the following new Clause—
“CIECSS: attendance enforcement
After section 448 of the Education Act 1996 (Exemption where child becomes five during term) insert—
“448A CIECSS: attendance enforcement
(1) His Majesty’s Chief Inspector of Education, Children’s Services and Skills (the CIECSS) may impose fines against parents where one or more of their children are attending school for less than 80% of the designated time required.
(2) The CIECSS must, when determining the amount of fine to be levied, take account the reason for non-attendance.
(3) The Secretary of State must, by regulations, make provision for the establishment of the enforcement function in this section within six months of the day on which the Children’s Wellbeing and Schools Act 2025 comes into force.
(4) A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.””

Type: Backbencher

Signatures: 1

Lord Agnew of Oulton (Con - Life peer)

Member's explanatory statement

This amendment seeks to allow the Chief Inspector of Schools to levy fines for poor attendance in parallel to school attendance orders.

Amendment

This amendment was STOOD PART

Baroness Jones of Moulsecoomb gives notice of her intention to oppose the Question that Clause 35 stand part of the Bill.

Type: Backbencher

Signatures: 1

Baroness Jones of Moulsecoomb (Green - Life peer)

Opposition Amendment

This amendment was WITHDRAWN BEFORE DEBATE

[Withdrawn]
After Clause 47, insert the following new Clause—
“Exemption from requirement to follow National Curriculum in the interests of improving standards
In the Education Act 2002, after section 95 (Appeals against directions under section 93 etc) insert—
“95A Exception in the interests of improving standards
Where the proprietor of an Academy school or a local authority maintained school believes that the raising of standards in the school would be better served by the school’s curriculum not including the National Curriculum, any provisions of this Act or any other Act do not apply so far as they require the school’s curriculum to include or follow the National Curriculum.””

Type: Opposition

Signatures: 1

Baroness Barran (Con - Life peer)

Shadow Minister (Education)

Member's explanatory statement

This amendment seeks to allow schools to narrow their curriculum if it would result in improving standards.

Amendment

This amendment was WITHDRAWN BEFORE DEBATE

[Withdrawn]
Clause 66, page 124, line 22, leave out “(3)” and insert “(3A)”

Type: Backbencher

Signatures: 1

Baroness Fox of Buckley (Non-affiliated - Life peer)

Government Amendment 148

This amendment was AGREED

Schedule 1, page 126, line 2, after “board” insert “established under section 14Z25 of the National Health Service Act 2006”

Type: Government

Signatures: 1

Baroness Smith of Malvern (Lab - Life peer)

Minister of State (Department for Work and Pensions)

Member's explanatory statement

This amendment clarifies the entry in Schedule 1 relating to integrated care boards.

Government Amendment 149

This amendment was AGREED

Schedule 1, page 126, line 3, after “trust” insert “within the meaning given by section 30 of the National Health Service Act 2006”

Type: Government

Signatures: 1

Baroness Smith of Malvern (Lab - Life peer)

Minister of State (Department for Work and Pensions)

Member's explanatory statement

This amendment clarifies the entry in Schedule 1 relating to NHS foundation trusts.

Government Amendment 150

This amendment was AGREED

Schedule 1, page 126, line 4, after “trust” insert “established under section 25 of the National Health Service Act 2006”

Type: Government

Signatures: 1

Baroness Smith of Malvern (Lab - Life peer)

Minister of State (Department for Work and Pensions)

Member's explanatory statement

This amendment ensures that the reference in Schedule 1 to an NHS trust is a reference to an NHS trust in England.

Opposition Amendment 151

This amendment was NOT MOVED

Schedule 1, page 126, line 6, at end insert—
“15 Jobcentre Plus.”

Type: Opposition

Signatures: 2

Baroness Stedman-Scott (Con - Life peer)

Opposition Whip (Lords)

Earl of Effingham (Con - Excepted Hereditary)

Opposition Whip (Lords)

Member's explanatory statement

This amendment seeks to add Jobcentre Plus to the list of relevant authorities.

Amendment 68A

This amendment was WITHDRAWN

In subsection (6), at end insert “, including the establishment of an Earned Autonomy funding scheme.”

Type: Backbencher

Signatures: 1

Lord Farmer (Con - Life peer)

Amendment 68B

This amendment was NOT MOVED

In subsection (7), after the definition “children and parents”, insert—
““Earned Autonomy” means that local authorities can obtain exemption from any centrally determined funding specifications for family support services;”

Type: Backbencher

Signatures: 1

Lord Farmer (Con - Life peer)

Children’s Wellbeing and Schools Bill

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