(1 day, 16 hours ago)
Lords ChamberRead Hansard Text Read Debate Ministerial Extracts
Baroness Barran
“(1A) After section 16, insert—“16A Registration of parent undertakings(1) In making an application for registration under this Part, an agency or establishment which is a subsidiary undertaking must ensure that the application contains information about the parent undertaking.(2) If the application is granted under section 13 (grant or refusal of registration), the establishment or agency must ensure that information related to the parent undertaking is regularly updated.(3) The Secretary of State may, by regulations under section 16 (regulations about registration), make provision for the enforcement of the duty under subsection (2).(4) In this section, “parent undertaking” and “subsidiary undertaking” have the meanings given by section 1162 of the Companies Act 2006.””
Baroness Barran (Con)
My Lords, noble Lords will remember from our debate in Committee that on this side of the House we had considerable practical reservations about the Government’s approach to regulating groups of children’s homes and foster care providers. These two amendments aim to improve the process that the Government plan to embark on.
Amendment 63 would simply require an agency or an establishment to provide information about its parent undertaking when it registered with Ofsted and to keep that information regularly updated. I assume that it would make it simpler for future regulation and enforcement if the identity of the parent undertaking was clear from the outset, given the complexity of the ownership structures of some of these groups.
My Amendment 64 aims to strengthen the effectiveness of the enforcement regime by giving it commercial teeth that would impact on these businesses. One would hope that preventing them expanding and restructuring financially or organisationally when they were subject to an improvement plan would lead to speedier compliance with the regulatory framework, as well as preventing a suboptimal group from expanding. I look forward to the Minister’s reply.
Baroness in Waiting/Government Whip (Baroness Blake of Leeds) (Lab)
My Lords, in the absence of other comments I will turn to Amendments 63 and 64, tabled by the noble Baroness, Lady Barran, in relation to the provider oversight scheme. The scheme will enable Ofsted to require provider groups to implement an improvement plan across multiple settings where Ofsted reasonably suspects standards are not being met. If the provider group does not adequately implement improvements, Ofsted will be able to issue it with a fine.
Amendment 63 seeks to ensure that, where an applicant for registration with Ofsted is a subsidiary undertaking, the applicant must provide information about its provider group. This information must then be kept updated and new powers would provide for enforcement of these requirements in regulations. I do not believe this amendment is necessary. There are existing powers in Sections 12 and 22 of the Care Standards Act 2000 which we intend to use to impose requirements on an applicant for registration, or a person already registered to carry on an establishment or agency, to provide information in relation to its parent undertaking—for example, contact details for service of relevant notices by email, and information about other subsidiaries under the same parent undertaking.
Amendment 64 seeks to ensure that, when a parent undertaking is required to implement an improvement plan, it is subject to financial and commercial restrictions, including the limitation on the acquisition of further subsidiaries, the opening of new establishments or agencies, and the organisational or financial restructuring of the parent undertaking while the improvement plan is being implemented. The measure as drafted allows for regulations to set out that a person is not a fit and proper person to carry on an establishment or agency where their parent undertaking—the provider group—has failed or is failing to comply with an improvement notice. This will allow Ofsted to refuse registration applications in respect of new settings that are under the ownership or control of the parent undertaking that has failed to comply with provider oversight requirements. The significant restrictions created by this amendment on parent undertakings which are implementing an improvement plan would not be proportionate, given that the purpose of this measure is to require the provider group to implement change quickly across all settings where concerns have been identified.
I turn to government Amendment 65. It is vital to the safeguarding of children that relevant authorities can quickly and efficiently issue notifications and documents where needed to persons carrying on or managing establishments and agencies and parent undertakings. This measure will amend Section 37 of the Care Standards Act 2000 so that Ofsted notices and documents under Part II of the Act can be served by email, giving the option to choose between delivering notifications by post, by hand or by email. This amendment aligns with our wider aims to deliver efficient technological services. It will bring coherence to communications across reforms and eliminate outdated, costly and time-consuming requirements of delivery only by hand or by post. This will reduce the risk of sensitive financial information being lost, and reduce delays to decisions that could impact the delivery of children’s social care services and to resolving concerns about the care that children receive. I hope I have addressed the concerns of the noble Baroness, Lady Barran, and that she will withdraw her amendment.
Baroness Barran (Con)
I thank the Minister for her remarks. I perhaps accept them more in relation to my Amendment 63 than my Amendment 64, but time will tell how the Government’s plans work out. With that, I beg leave to withdraw my amendment.
Baroness Smith of Malvern
“(5) In section 37 (service of documents)—(a) in subsection (1)—(i) omit the words from “carrying” to “agency”;(ii) omit the “or” at the end of paragraph (a);(iii) at the end of paragraph (b) insert“; or(c) by being sent by email to the person’s email address.”;(b) after subsection (3) insert—“(3A) A notice or other document sent to a person by email is, unless the contrary is proved, to be treated as having been served on the working day immediately following the day on which it was sent.”;(c) after subsection (5) insert—“(6) A person’s (P’s) email address for the purposes of this section is—(a) an email address identified for the time being by P, or by a person who manages an establishment or agency carried on by P, as an address for contacting P, or(b) if an email address is not so identified, an email address which the person serving the notice or other document believes is used by P.For the purposes of this subsection, a person “identifies” an email address by providing it to a registration authority or publishing it.(7) In subsection (3A) “working day” means a day other than a Saturday, a Sunday, Christmas Day, Good Friday or a bank holiday under the Banking and Financial Dealings Act 1971 in England and Wales.””Member’s explanatory statement
This amendment would allow for notices under Part 2 of the Care Standards Act 2000 to be served on parent undertakings and others by email.
Baroness Smith of Malvern
Member’s explanatory statement
This amendment would remove provision no longer needed because of the protection provided by the new general data protection override in section 183A of the Data Protection Act 2018, inserted by section 106(2) of the Data (Use and Access) Act 2025 and which came into force on 20 August 2025.
Baroness Smith of Malvern
Member’s explanatory statement
This amendment is consequential on my amendment to clause 18, page 35, line 35.
Member’s explanatory statement
This amendment would remove provision no longer needed because of the protection provided by the new general data protection override in section 183A of the Data Protection Act 2018, inserted by section 106(2) of the Data (Use and Access) Act 2025 and which came into force on 20 August 2025.
Member’s explanatory statement
This amendment is consequential on my amendment to clause 18, page 36, lines 17 to 22.
Member’s explanatory statement
This amendment would remove provision no longer needed because of the protection provided by the new general data protection override in section 183A of the Data Protection Act 2018, inserted by section 106(2) of the Data (Use and Access) Act 2025 and which came into force on 20 August 2025.
Baroness Smith of Malvern
Member’s explanatory statement
This amendment would provide that for the purposes of the care provider offence in section 21 of the Criminal Justice and Courts Act 2015 (as amended by clause 20) “regulated care” includes care or support provided for any child rather than only a child aged 16 or 17.
Member’s explanatory statement
This amendment is consequential on my amendment to clause 20 at page 38, line 33.
“(i) before ““health care”” insert ““child”, ”;”Member’s explanatory statement
This amendment is consequential on my amendment to clause 20 at page 38, line 33.
“(e) to have due regard to the need to remove or minimise the disadvantages suffered by looked-after children and relevant young persons.”Member’s explanatory statement
This amendment strengthens the current duty to be “alert to” the needs of looked-after children by requiring public bodies to have due regard to removing or reducing the disadvantages they face. It builds on awareness by turning it into action, ensuring that understanding leads to measurable improvement.
The Lord Bishop of Manchester
My Lords, I am grateful for the opportunity to have this debate this evening. I will keep it fairly short, given the time.
Amendment 75, in my name, simply seeks to change the current duty of being “alert to” the needs of looked-after children to one requiring public bodies to have “due regard to” removing or reducing the disadvantages they face. There are lots of things that I am alert to; that does not mean that I take any great notice of them. I am alert to them, but I can choose to ignore them. What we need is something that requires local authorities to take this seriously, and the concept of “due regard” is well understood in many other aspects of law. As a bishop, I am used to there being policies of the Church of England to which I am required to have due regard. If I simply had to be alert to them, I do not think that they would get the attention and focus they need. Instead of a duty of being alert, Amendment 75 would put in place something that I think we all understand to be a higher bar, but something that I think is achievable.
Amendment 76 says:
“A relevant authority exercising the duty … must 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”.
The key here is that we are not asking for anything unreasonable. This concerns what it is that it is reasonable for a public body, particularly a local authority, to do, beyond just being aware. The word “aware” is really no better than “alert”. How are they going to take reasonable and practical steps to prevent harm that is being done when some policy is being implemented? This would complement the aims of the Bill and provide a clear framework for shared action and accountability.
Finally, Amendment 96 concerns equality impact assessments. I know it is not practically possible to make being care-experienced yet another protected characteristic in the law, but we need some way of understanding the particular impact that those bits of the law have on children in care, or people who have been in care. There is a misprint, I fear, in the text as printed on the Marshalled List. The very famous Equality Act was of course enacted in 2010, not 2020 —it has been around rather longer than the amendment says. I am sorry; it was my people who put the wrong year in there.
The amendment is asking that we look at the impact on persons under 25 who are looked after by local authorities. Again and again we have tried, through various aspects of the Bill, as I did in my own Private Member’s Bill a few months ago, to say that the impact of care experience needs, at the very least, to be tracked through to the age of 25. We need to support young people up to that age. As was said on an earlier group this evening, most young people are still heavily dependent well beyond the age of 25—including, I fear, my kids, who were still heavily dependent on my wife and me well beyond that age. We are talking here about young people who do not have the bank of mum and dad or traditional parental support. We really need to do our best for them.
I will not delay your Lordships any further. I urge the Minister to give me such assurances as she can possibly give me this evening that will persuade me that I do not need, at this late hour, to test the opinion of the House. I am grateful to the noble Lord, Lord Mohammed of Tinsley, who has supported these amendments. I hope that he will have something to add in a moment or two.
Lord Moraes (Lab)
My Lords, I rise to introduce Amendment 77 in my name and that of my noble friend Lady Lister, who tabled a similar amendment in Committee. I apologise to the House for not being in Committee to speak to this amendment due to a period of illness last year.
The amendment concerns a new statutory duty for corporate parents to be alerted to matters concerning children’s well-being. In this respect, there are a group of children in the UK who are entitled to citizenship but for various reasons do not achieve it. This is not widely understood generally, nor even among parents, foster parents and corporate parents of those children. Achieving their citizenship under British nationality law is good for the children, who gain stability, and for society, which sees the integration of children often in vulnerable situations. Here, I should declare that I am a patron of the non-profit Project for the Registration of Children as British Citizens.
We want to ensure in this amendment that there is no duplication of duties on the Secretary of State, while ensuring that duties on corporate parents under Section 21(1) concerning the well-being of young people include appropriate consideration of nationality rights. We do not want to see children being wrongly categorised or treated as if this is wholly a matter of immigration or discretion.
In Committee the Minister placed an emphasis on Section 55 of the Borders, Citizenship and Immigration Act, which states that the Home Secretary should be the one discharging citizenship in relation to the safeguarding and welfare needs of the child. But this places the sole duty on the Home Secretary; it does not apply to the corporate parents to whom the new duty is to apply. Our amendment understands the importance of Section 55 but would ensure that care providers to whom the new duty is to apply are not left without the protection of any statutory duty altogether in relation to these child citizenship applications.
In Committee the Minister suggested that the Government are reflecting on the requirement to support children in gaining citizenship. That is welcome, and it is welcome that the Government are considering what further steps to take in this area. But this amendment would support those efforts by ensuring that corporate parents could act on whatever new policy or practice was brought forward by the Home Office.
While we welcome the Government’s steps to improve local authority practice in relation to child citizens, the experience of credible practitioners on the ground, such as PRCBC, is that these rights are not widely known or acted on, and any improvements that are seen are not uniform, with some local authorities showing evidence of no improvement at all.
My noble friend the Minister is probably aware that a number of noble Lords, including my noble friend Lady Lister, have been pressing the case for children in this situation for many years. Government support for this amendment would ensure that these important children’s rights are not overlooked by local authorities in their role as corporate parents.
Lord Mohammed of Tinsley (LD)
My Lords, I support and will talk to Amendments 75 and 76, which the right reverend Prelate the Bishop of Manchester set out powerfully; I fully support the arguments. Last week I hosted a meeting in your Lordships’ Committee Room 1, which showcased care experience and protected characteristics. The room was full. Care-experienced people had travelled from across the United Kingdom to be there because they wanted their voices to be heard, and I speak today to ensure that those voices are heard in your Lordships’ House.
Care-experienced people are asking that relevant bodies in the exercise of their corporate parenting duties are required to have due regard, as we heard earlier. One care-experienced person told us: “I deserve to have my voice heard to create real change. Too often decisions are made about us but without us”. Another said: “Care-experienced individuals need recognising because our outcomes are constantly poor yet our insight is rarely used when services are designed”.
At that meeting, Terry Galloway, who often helps and supports these young people with care experiences, offered a simple but striking example. He asked us to imagine driving down a road in a fast car and seeing a child standing in the road. You are alert to that child being there, but you drive straight through them—and you say your duty has been discharged because you were alert to them being there. Contrast that with a duty of due regard. On the same road and with the same child, discharging that duty would require you to stop the car, get out and speak to them. You would seek an understanding of why they are in the road and whether there is something you can do to help them.
Baroness Lister of Burtersett (Lab)
My Lords, I am pleased to support Amendment 77, to which I have added my name. I take this opportunity to thank my noble friend the Minister for the helpful meeting that I and stakeholders had with her to discuss the other issue I raised alongside this in Committee.
As my noble friend has said, I and other noble Lords have been pressing for many years the case of children who have not claimed the citizenship status to which they are entitled, including the high fees that can act as a barrier. Indeed, we have earned the label of “terriers” on the subject. I am delighted to welcome my noble friend Lord Moraes to the noble band of terriers. Like him, I speak as a patron of the Project for the Registration of Children as British Citizens.
This amendment, so ably introduced by my noble friend, would help to ensure that these children’s citizenship rights are not overlooked by local authorities in their role as corporate parents. As he emphasised, this concerns a statutory entitlement to citizenship and is not a matter of immigration or discretion: all too often, the Government have conflated the two in the past. The consequence of this right not being given effect has been spelled out by the High Court, which noted that children who identify as British but who have effectively been deprived of citizenship can
“feel alienated, excluded, isolated, second-best, insecure and not fully assimilated into the culture and social fabric of the UK”.
I also echo my noble friend’s welcome for the consideration the Government are giving to how better to support these children in establishing their right to citizenship. The White Paper, Restoring Control Over the Immigration System, stated that in the “near term” the Government will ensure that
“children who have been fully in the UK for some time, turn 18 and discover that they do not have status, are fully supported and able to regularise their status and settle. This will also include a clear pathway for those children in care and care leavers”.
This amendment, which also relates to some children born in this country, will make it less likely that children in this situation will turn 18 without having claimed their right to citizenship. So there is a good case for the Government accepting it. Given that the White Paper commitment was made last May, and related to the “near term”, what have the Government done to realise it?
These are important issues for children’s citizenship rights and well-being, so acceptance of this amendment would strengthen the Bill as it relates to some of the most marginalised children in our country.
Baroness Bennett of Manor Castle (GP)
My Lords, it is a great pleasure to follow the noble Baroness, Lady Lister, as I have many times before on this subject, joining the terrier pack yet again. It is a great pity that that pack still needs to form; all the other occasions were under the previous Government and we were hoping that we might be able to disband and head on to other things.
I join the noble Baroness, Lady Lister, in welcoming the noble Lord, Lord Moraes, and thank him for tabling this amendment, to which I attached my name very late in the day. I just caught up with this Bill along the tracks.
The noble Baroness and the noble Lord have both made the case overwhelmingly for Amendment 77, so I will not go over the same ground as they did. I will just highlight again the campaigning work of Citizens UK in particular, which has focused on the incredible difficulty of the cost of more than £1,200 for a citizenship application and the fact that so many people are unaware that it is necessary.
I will make one additional point. We have seen in the Windrush scandal that the British state failed to meet its responsibilities and failed to do the right thing by British citizens. With the reality of Brexit, many children with European links and European families but with the right to British citizenship risk being trapped in the coming years unless their situation is sorted out before they turn 18. Let us not create another Windrush scandal for those Brexit and indeed other children.
Lord Storey (LD)
My Lords, I will talk briefly to Amendments 75 and 76. These amendments are very important, and it is a great pity that we are discussing them at the end of the day. I always think of the saying that
“words without actions are the assassins of idealism”
and I wonder if these are not too general. I do not know what “alert” means. I can be alert to something and do nothing about it, where I actually want something to happen. It says “have due regard to”; I can have due regard to the fact that it is raining and choose not to put my umbrella up or not to warn other people that it is raining. I want something more definite. I think the spirit—dare I say that to an Anglican bishop?—is there in the amendment and I very much understand what the right reverend Prelate the Bishop of Manchester is saying in this amendment.
I also like that the right reverend Prelate mentioned silos and silo working. I suggest that he talks to those noble Lords who served on the then Children and Families Bill during the coalition period. We came up with education, health and care plans, but the health service was not interested at all. It wanted to work entirely in its own silo, and every attempt to get them to work across failed completely. I do not know what to say further; I am not being very helpful here, I am afraid. It is important to listen to children’s voices and to do things. There must be good practice up and down the country, and we need to know about that. Perhaps the Minister’s department knows about good practices where children’s voices are being heard and something then happens.
From my professional experience, I remember one group of young children in a care home who formed a care children’s council and met each month. Somebody from the education department came along and listened to what they said. They had to report back to the councillors and then come up with an action plan and go back to the school council. That actually brought some results. Not least, it gave the young children the confidence to stand up and speak, and to challenge why things were not being done. These amendments are important, but we need to spend more time pinpointing what we need to do.
The Earl of Effingham (Con)
My Lords, while His Majesty’s loyal Opposition agree that these amendments are sensibly drafted and—as was highlighted by the noble Lord, Lord Storey—that the right reverend Prelate the Bishop of Manchester clearly has the best interests of looked-after children in mind in wanting to see stronger duties placed on local authorities to acknowledge, assess and act to reduce the disadvantages they undoubtedly face, we do not believe that Amendments 75 and 76 are entirely necessary given the measures already contained in the Bill.
Amendment 75 would require relevant authorities to have due regard to the need to minimise the disadvantages faced by looked-after children, in addition to the measures already stipulated in the Bill. While we understand that this is absolutely the right thing to do, the Bill contains provisions similar to that aim. Authorities will be required to be alert to matters that adversely affect, or might adversely affect, looked-after children and then to assess what services are available to them. The requirement to be alert and then to assess available steps represents an intention that action be taken to aid children. We believe that this achieves the same aim as that of the amendment from the right reverend Prelate and the noble Lord, Lord Mohammed.
Amendment 76 builds on the previous amendment by then placing a duty on relevant authorities to act on policies or practices which may be having an adverse impact. Again, in our opinion, this overlaps with the duties already set out in the Bill. Authorities will be required to assess their services in Clause 21(1)(b), while subsections 1(c) and 1(d) create provisions through which authorities must seek to provide opportunities that enhance well-being and future prospects. Amendment 76 appears, in essence, to seek to ensure that authorities enact policies and practices that are in the children’s best interests. This duty is already prescribed to authorities under the Children Act 1989 and is already legislated for.
Amendment 96, also in the names of the right reverend Prelate the Bishop of Manchester and the noble Lord, Lord Mohammed, would include care experience in equality impact assessments. We welcome the intention behind the amendment but, with all due respect, are not convinced by the impact it will have.
The Government already review outcomes for children in need, which includes looked-after children and, as such, we are mindful of adding additional administrative workloads to public bodies. It would very much be our preference not to add bureaucratic layers to public bodies if we are uncertain that they will result in positive outcomes.
Baroness Blake of Leeds (Lab)
My Lords, through the Bill, for the first time, key public bodies, from Secretaries of State to schools, NHS organisations and regulators, will be required to be alert to matters that affect looked-after children and care leavers when shaping policy and services. These new corporate parenting duties aim to drive a culture change, tackle stigma and improve outcomes for some of the most vulnerable in our society.
I reassure the noble Lord, Lord Mohammed, that the voice of care-experienced young people is crucial in this. The noble Lord, Lord Mohammed, and I are two people in this Chamber who have experience of being corporate parents—I do not know how many others there are. We know just how serious that is. I understand the reference to language, but the responsibilities that come with this are real and important and need to be taken very seriously indeed.
Amendments 75 and 76 in this group were tabled by the right reverend Prelate the Bishop of Manchester. Again, I completely understand where he is coming from, and we have debated this in this Chamber under other debates. These amendments quite rightly seek to strengthen the corporate parent duty by requiring relevant authorities to have due regard to removing or minimising disadvantages faced by looked-after children and care leavers and to take steps to avoid or mitigate any adverse impact of their policies and practices.
We fully share the intent behind these proposals oftackling disadvantage and ensuring that care-experienced young people are not adversely affected by public policy. This is central to our vision for corporate parenting. However, as discussed in Committee, the new corporate parenting responsibilities are broad duties that apply in relation to a corporate parent’s existing functions and can be implemented in a way to fit the unique circumstances of each corporate parent. We believe that our existing measures achieve the aim of tackling disadvantages experienced by looked-after children and care leavers.
Just for a bit of clarity, the current responsibilities require corporate parents to be alert to matters which adversely affect the well-being of the cohort. This will require them to take action as appropriate. I just give the reassurance that this is not just a means of being aware; it comes with responsibilities. Therefore, we anticipate that corporate parents would already consider disadvantages experienced by these young people and how they may be addressed.
We will support implementation through statutory guidance, which will set out the responsibilities and include best practice examples for tackling disadvantage among care-experienced young people. Best practice will draw on not only relevant authorities but wider organisations, including local authorities that have taken action such as representation on governance boards, financial support and discounts, and treating care experience as a protected characteristic. This is the best way to deliver impactful change, not through this amendment, which, as I have outlined, is already sufficiently covered by the clause as drafted. I am delighted to say that we are in contact with Terry Galloway, who is very supportive of the direction we are going in. With his vast experience he will be an invaluable resource, ensuring that we keep moving in the right way.
Amendment 96, also tabled by the right reverend Prelate the Bishop of Manchester, seeks to place a duty on public authorities to include in equality impact assessments an assessment of the impact on persons who are being or have been looked after by a local authority. We are determined to tackle the stigma and discrimination faced by care-experienced young people. This is why the Bill introduces corporate parenting duties for Secretaries of State and public bodies, already requiring them to consider the needs of care-experienced young people with the aim of improving outcomes. Clauses 21 to 25 aim to embed this cohort’s challenges into policy and service design. We will commission an implementation partner to support implementation through provision of training and circulation of best practice, including training on how to effectively assess the impact of policies and practices on looked-after children and care leavers. For this reason, the amendment is unnecessary.
Amendment 77 was tabled by my noble friend Lord Moraes, who I am very pleased to see back in his rightful place in the Chamber. It seeks to amend the exemption on immigration, asylum, nationality and customs functions in respect of looked-after children so that action that would be taken in adherence with the corporate parenting responsibilities in the exercise of these functions would still be taken where it is not already required by Section 55 of the Borders, Citizenship and Immigration Act 2009. It also seeks to distinguish functions in relation to the acquisition of British citizenship by statutory right from other nationality functions when exercising duties under Section 55 and Clause 21.
While I understand my noble friend’s intent with this amendment, I emphasise that, as my noble friend the Minister noted in Committee, our measures require that public bodies named in this legislation be alert to matters affecting the well-being of looked-after children and care leavers, regardless of immigration status, except when performing asylum, immigration, nationality or customs functions. We fully intend on partnering with the sector and care-experienced young people in the immigration system to make sure that our statutory guidance covers their specific needs and vulnerabilities. We will also ensure that our implementation partner develops and delivers training on this cohort to all new corporate parents. As we have heard, my noble friend the Minister recently met with my noble friend Lady Lister and partner organisations, who were greatly reassured by our proposed actions in this area. I hope that this is sufficient reassurance for my noble friend to withdraw his amendment.
Additionally, Department for Education officials will work closely with the Home Office as it develops its proposals in the immigration White Paper to reduce the financial barriers to young adults who have lived here throughout their childhood accessing British nationality.
Local authorities already follow a separate set of corporate parenting principles and are best placed to take steps to consider whether a young person in their care needs support to seek British citizenship. The Home Office has taken significant steps in recent years to support local authorities in ensuring that children in their care are able to access British citizenship, including by introducing an exception in June 2022 that removed the requirement to pay a fee for an application for citizenship registration by children who are looked after by a local authority.
I want to reassure the noble Baroness, Lady Lister, that we will continue to work with the Home Office on how we can improve the experience of looked-after children and care leavers in the immigration, asylum and nationality system, building on existing measures that the Home Office has taken in this space. The further efforts will include working on proposals set out in the White Paper published on 12 May, Restoring Control Over the Immigration System, to ensure that children who have been in the UK for some time then turn 18 and discover they do not have status are fully supported and are able to regularise their status and settle. This will include a clear pathway for those children in care and care leavers.
The White Paper also sets out that the Home Office will consider measures to reduce the financial barriers to young adults who have lived here through their childhood accessing British nationality. Applying the duty to the asylum system would not require the Home Office to decide asylum claims for young people as soon as possible. Given the steps we are taking in this area to ensure that looked-after children in the immigration system benefit from the corporate parenting measures, we do not see the amendment as necessary.
Amendment 79A, tabled by the noble Lord, Lord Mohammed, seeks to ensure that the corporate parenting guidance issued under Clause 24 is laid in draft before Parliament. This amendment has of course been helpfully raised in reference to the Delegated Powers and Regulatory Reform Committee’s report. Our response to the recommendation explained that guidance issued under Clause 24 will not introduce requirements on corporate parents beyond those enabled by this legislation.
The guidance will help corporate parents understand how the duties could be implemented, using examples of best practice. We will develop statutory guidance in partnership with corporate parents and this will then be subject to consultation. This gives all those affected by the changes, including corporate parents, local authorities, looked-after children, care leavers and all of the above an opportunity to have their say. We will also draw on the expertise of the care-experienced community and representative bodies from within the sector, including those who have campaigned for these amendments, to support guidance drafting.
I can assure the noble Lords that their input will form the backbone of guidance. I hope that with those comments I have addressed the right reverend Prelate’s concern and that he will be able to withdraw his amendment.
The Lord Bishop of Manchester
My Lords, I am very grateful for the short debate that we have had this evening. It is clear that we are all passionate about the same thing—we would not be here at this time on a Monday night if we were not. We are passionate about getting the best deal we can for care leavers and young people in care, and I am very grateful to hear that. The fact that we are hearing that from all the Front Benches gives me some assurance that this is not something that would float away were there to be a change of Government—at least not one to any of the parties in this Chamber tonight.
Moving on quickly, I really appreciate the guidance that has been spoken of, and I accept the assurances of the Minister that there are many matters that we sought to put in the Bill, as is proper on Report, but which can be dealt with in that way before the Act is implemented in due course.
Were I merely alert to the fact that it is late at night and I do not have the support of the Front Benches, I might still waste your Lordships’ next 15 minutes by pushing this to a Division, but I am not only “alert to”, I am “having due regard to” those factors. Therefore, I beg leave to withdraw Amendment 75 and will not press Amendment 76 either.
Baroness Smith of Malvern
Member’s explanatory statement
This amendment would remove provision no longer needed because of the protection provided by the new general data protection override in section 183A of the Data Protection Act 2018, inserted by section 106(2) of the Data (Use and Access) Act 2025 and which came into force on 20 August 2025.
Member’s explanatory statement
This amendment is consequential on my amendment to clause 23, page 41, lines 9 to 12.
Baroness Smith of Malvern
Member’s explanatory statement
This amendment is consequential on my amendment to clause 26, page 45, lines 1 to 5.
Member’s explanatory statement
This amendment would remove provision no longer needed because of the protection provided by the new general data protection override in section 183A of the Data Protection Act 2018, inserted by section 106(2) of the Data (Use and Access) Act 2025 and which came into force on 20 August 2025.
Baroness Blake of Leeds
Member’s explanatory statement
This amendment and my other amendment to Clause 26 at page 45, line 6, would amend Clause 26 to change references to a “statutory instrument” containing regulations made by the Welsh Ministers to a “Welsh statutory instrument” to reflect the Legislation (Procedure, Publication and Repeals) (Wales) Act 2025.
Baroness Blake of Leeds (Lab)
My Lords, this group consists of government amendments in the name of my noble friend Lady Smith. They are Amendments 82 to 85, 244, 245, 249 and 253 in relation to consequential provision for Welsh and Scottish Ministers, and minor and technical changes relating to the Legislation (Procedure, Publication and Repeals) (Wales) Act 2025.
Amendments 82 to 85 relate to Clause 26 on the employment of children in England and Wales, and simply update references to the Welsh statutory instruments and the procedure to be followed in the Senedd in consequence of changes made by the 2025 Act, which came into force on 1 January 2026.
Amendments 249 and 253 do the same for Clause 67. This is a change that we are making to refine the drafting in the Bill and ensure that the terms used align with the latest legislative developments.
Amendment 244 will confer power on Welsh Ministers to enable them to make provision consequential to Clauses 11, 12(5), 20 and 31 to 36 in relation to matters that are within the legislative competence of the Welsh Parliament. Amendment 245 will confer power on Scottish Ministers to enable them to make provision consequential to Clause 11 in relation to matters that are within the legislative competence of the Scottish Parliament. This would ensure that if any such consequential amendments are identified, Scottish and Welsh Ministers could make those changes to the legislation.
I am grateful for the continued engagement of our Welsh and Scottish counterparts on the passage of this landmark legislation. I beg to move.
The Earl of Effingham (Con)
My Lords, we thank the Minister for her clarification of the reasons behind these consequential amendments. They seem entirely reasonable, and His Majesty’s loyal Opposition support them.
Baroness Blake of Leeds (Lab)
My Lords, I thank the noble Earl for his comments and emphasise again how grateful we are to the devolved Governments for their engagement with the Government on this Bill. We will continue to work closely with them as the Bill progresses through Parliament.
Baroness Blake of Leeds
“(4A) Regulations under section 18 made by the Welsh Ministers are to be made by Welsh statutory instrument.””Member’s explanatory statement
See the explanatory statement for my other amendment to clause 26 at page 45 line 6.
Member’s explanatory statement
This amendment and my amendment to clause 26 at page 45, line 11, would update references to the parliamentary procedure for Welsh statutory instruments containing regulations under new section 18 of the Children and Young Persons Act 1933 to reflect the Legislation (Procedure, Publication and Repeals) (Wales) Act 2025.
Member’s explanatory statement
See the explanatory statement for my other amendment to clause 26 at page 45 line 10.
Member’s explanatory statement
This amendment is consequential on my amendment to clause 26, page 45, lines 1 to 5.
Baroness Blake of Leeds
Member’s explanatory statement
This amendment is consequential on my amendment to clause 27, page 48, lines 14 to 18.
Member’s explanatory statement
This amendment would remove provision no longer needed because of the protection provided by the new general data protection override in section 183A of the Data Protection Act 2018, inserted by section 106(2) of the Data (Use and Access) Act 2025 and which came into force on 20 August 2025.
Member’s explanatory statement
This amendment is consequential on my amendment to clause 27, page 48, lines 14 to 18.