Children’s Wellbeing and Schools Bill
Baroness Barran Excerpts(2 weeks ago)
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Baroness Bennett of Manor Castle (GP)
My Lords, responding to the noble Baroness about vaccination, I think it is important that we put facts on the record. She suggested that vaccination of children was primarily to protect other age groups—
Baroness Bennett of Manor Castle (GP)
Yes, flu vaccination—I have just been looking at the Health Security Agency website about the vaccination of children against flu, and it says:
“Flu can be an extremely unpleasant illness in children, with those under the age of 5 being more likely to be hospitalised due to flu than any other age group. Vaccinating children helps protect them in the first instance, so that they can stay in school”.
I think it is important, given the debate around vaccination, that that is put on the record.
Baroness Barran
Member’s explanatory statement
This amendment seeks to broaden the discussion to include higher levels of apprenticeship.
Baroness Barran (Con)
My Lords, I formally move the amendment in the name of my noble friend Lord Lucas and I will speak to it in my closing remarks.
Lord in Waiting/Government Whip (Lord Katz) (Lab)
I think we have yet to have a full discussion on Amendment 483, as well as Amendment 483A, so perhaps we could proceed to that discussion.
Lord Storey (LD)
Briefly, I want to reinforce what has been said. What is unspent of the apprenticeship levy gets returned to the Treasury, not to be spent on education or apprenticeships, which is bizarre. It is a double whammy, because businesses, seeing that their money has not been spent and is likely to go back to the Treasury, suddenly start putting staff on high-level courses, equivalent—
Baroness Barran (Con)
This is risky, because I am doing this from memory. I appreciate that in earlier years, significant amounts of money were returned to the Treasury, but in the last year we were in government, it was £11 million—so basically absolutely everything was spent. I say that in relation to my noble friend Lord Deben’s remarks, and I hope the noble Lord, Lord Storey, will put that in context.
Lord Storey (LD)
The noble Baroness is right—the amount that was not spent or did not go to the Treasury was coming down.
Baroness Barran (Con)
No. To be clear, of the many millions of pounds that were raised through the apprenticeship levy, the amount that was not spent on apprenticeships and was returned to the Treasury was £11 million in the last year that we were in government, as I remember it.
Lord Storey (LD)
The point I was also going to make was that companies and businesses that had not spent the levy and did not want to see it returned to the Treasury were using it not for level 3 apprenticeships but for high-level master’s-type apprenticeships. That surely cannot be the right thing to do; it is not in the spirit of apprenticeships.
I was quite shocked that, in my city of Liverpool, Liverpool City Council, which had an apprenticeship scheme over a two-year period, returned £1 million of money to the Treasury. That money could easily have been spent on level 3 apprenticeships. The noble Lord, Lord Layard, gave us all the statistics at the beginning. We need to ensure that there is money for level 3 apprenticeships, because the original hope of apprenticeships was that they would go to the young people who desperately needed to have this opportunity.
Lord Addington (LD)
My Lords, I shall try to make a few remarks in summing up. Apprenticeships really feel like they should be an answer but are proving to be extremely difficult to get into operation. Employers, especially SMEs, find it difficult to give the work, but they are where you would expect to find most of those apprenticeships, especially at the introductory level. Most people have said, “Yes, it’s a problem”. T-levels have been brought in but, if I remember correctly, you have to work with an employer while doing them, and that has proved difficult in the past.
The reason why they are proving so difficult is that it is a bit of a mess. We have boards and so on for careers guidance, and things locally and nationally. We clearly need more emphasis on making sure that people know where these opportunities are, how they will be supported and how they will get through. There is a general duty proposed in the Bill, but something inside me says that, as written, it is an invitation to Henry VIII powers—possibly Henry IX and X as well. The fact remains that we have not got this right. There have been some valiant efforts, but we have not managed to bring the people who want and would benefit from an apprenticeship to those who will give one to them. That is the problem.
I hope that, when the Minister responds, we will get a better idea of how this will work. The levy has, shall we say, had its problems—that would be a generous way of putting it. The Minister has an opportunity to tell us how the Government are going to develop this. It should be remembered that many of the people in the client base have not been that successful academically —I think just about everybody would agree with the comments of the noble Lord, Lord Deben—and the fact is that schools are judged by GCSEs and A-levels. That is the path forward and everything else is a secondary option. That seems to be the culture; Governments have tried to change it, but I do not think they have succeeded. What are the Government going to do to get these more practical-based operations in?
It would be remiss of me if I did not say that we need to look at the English and maths qualifications. I refer to this again as somebody with dyscalculia and 14 fails in functional skills in an apprenticeship. We did some work on this. It is a pity that the noble Lord, Lord Nash, is not here because we managed to get some consideration on English when the original Bill was brought forward; both he and I bear the scars of that process. I thank him for taking on his own Civil Service and Government to get it. Any Minister who is prepared to show that degree of courage will always get my support.
I hope we can get an idea of how we are going to address the problems, which have certainly been accepted, associated with getting people into apprenticeships. On the question of the things that should be attractive to those who have not been great successes in conventional education, or according to normal cultural expectations, what are we going to do? We need to act, not only for the nation’s general economy, but for the people who are the clients.
Baroness Barran (Con)
My Lords, I welcome this debate on the value of high-quality apprenticeships at all levels, with a focus on levels 2 and 3, and Amendment 483 in the name of the noble Lord, Lord Layard, and Amendment 483A, which I have moved on behalf of my noble friend Lord Lucas.
The noble Lord, Lord Layard, predictably, gave a very insightful and expert analysis of the issues, particularly for young people who are not going to university, and painted, sadly, an accurate but rather bleak picture. I would agree with him rather than the noble Lord, Lord Macpherson, but I think there would be votes in it. The noble Lord said that it would be very popular across the country to take action on this. Anyway, that is not perhaps for this Committee to worry so much about.
I feel that, as I make my remarks, I have former colleagues sitting on each shoulder: Gillian Keegan, the first member of the Cabinet who had previously been an apprentice; and Rob Halfon who saw apprenticeships as a key part of what he described as the “ladder of opportunity”. That is exactly the kind of image and vision that the noble Lord, Lord Layard, set out.
The previous Government did a huge amount of work to raise the quality of apprenticeships and to expand them from some of the more traditional areas into financial services and others to better mirror our very heavily service-based economy and, crucially, to support important areas of the public sector where we have significant workforce shortages. That is in part where level 7 apprenticeships came in. I know that one point that my noble friend Lord Lucas would have made, had he been here, was that level 7 apprenticeships also contributed to that parity of esteem and the sense that apprenticeships could have the same prestige as a degree qualification.
I absolutely recognise the urgency to address the high level of youth unemployment, particularly after recent figures that show how much it has risen in the past year, and to give all young people a sense of real opportunity, which an apprenticeship can bring. We have been concerned at some of the changes that the Government have introduced so far, shortening the length of apprenticeships and removing the funding for apprenticeships at level 7.
I would argue—maybe it is easier from this side of the Dispatch Box—that this should be an area of “both and”. Level 2 and level 3 apprenticeships clearly fulfil a different role in the economy from those at levels 4, 5, 6 and 7, but they are no less important. One is not more important than the other. When we were in office, we were particularly concerned about levels 4 and 5. I will be interested to hear the Minister’s reply to the noble Lord’s amendments. I hope that she can reassure the House that the Government are committed to continuing with the employer-created standards rather than the frameworks that the previous Government introduced and that further moves will be made to secure the engagement of small and medium-sized enterprises in the use of apprenticeships.
The noble Baroness, Lady Wolf, who is no longer in her place, made an important point about how to fund an expanded apprenticeship offer at levels 2 and 3. I also very much recognise the comments made by my noble friend Lady Coffey in relation to T-levels. My reflection on that is that these changes take a great deal of time to embed. I do not think that in visiting schools I have met someone who has not been thrilled to be doing a T-level. I visited many schools where children wanted good, high-quality technical and vocational options and were not even aware that T-levels exist. At the very least, the Government will need to do these things in parallel. I hope very much that we will hear a positive response from the Minister.
Baroness Barran (Con)
My Lords, this group focuses on the thorny issue of complaints. The amendments in the name of my noble friend Lord Jackson of Peterborough would introduce a new right of appeal for parents who have made a complaint that has not been upheld to a maintained school, academy or non- maintained special school.
At the risk of stating the obvious, most schools follow the law; they follow guidance and non-statutory guidance. I remember one teacher saying to me, “We live our lives by the bell. Of course we follow the rules”, but I accept the examples that my noble friend cited. We know that the volume of complaints is rising considerably, sadly assisted by tools such as ChatGPT and other large language models. As my noble friend Lady Spielman said on her amendment, to which I was pleased to add my name, a complaint can be made to the Department for Education, Ofsted and the TRA, as well as to the school itself. Most worryingly, the school is sometimes excluded and complaints are made to all the other agencies but not to the school.
I am grateful to the charity Parentkind for its research into complaints, which shows that the vast majority of parents are happy with their child’s school, but also that 38% of the 2,000 parents in the sample interviewed had filed a formal complaint in the last year. Head teachers report separately from the Parentkind research that, on average, they are dealing with five complaints a week.
As my noble friend Lord Jackson explained, his amendment would support parents who are not satisfied with the school’s response to a complaint and provide a different mechanism to enforce their legal duties. I find it troubling that this amendment is needed, particularly the second element, as there are significant safeguards to ensure that schools meet their legal duties. I would have hoped that the existing system, which allows a complaint to be referred to a panel chaired by an independent member, would be sufficient. However, I think the Committee will agree that my noble friend has raised some extremely worrying examples including—and this might be insulting to snails—about the pace of the response received from the department.
I turn to the amendment in the name of my noble friend Lady Spielman. As she set out, it aims to simplify and streamline the complaints process. We are trying to address the current problems in the system whereby parents can make complaints to multiple places, which leads to confusion, frustration on the part of parents, delays and extra work and stress for school leaders. I know that is something that the Secretary of State is very alive to and has promised to come back with ideas on in the schools White Paper, which is coming very soon, I think—but perhaps I put the “very” in.
Our amendment would ensure that complaints are dealt with by only one party at a time, and that it is the most appropriate one. The Minister will be aware of cases where tremendous pressure is placed on the leadership of schools, including on some occasions when false and vindictive allegations are made. I remember visiting a school where a parent had alleged that over half of the members of staff had behaved inappropriately towards their child. Each complaint was made to multiple organisations and had to be dealt with individually, which took a huge toll on school leaders and their colleagues. Indeed, Paul Whiteman, general secretary of the National Association of Head Teachers, has said:
“We are hearing more often from school leaders who have seen a significant increase in complaints, including a big rise in those that are clearly vexatious or baseless. This can harm their wellbeing, and cause unnecessary stress and workload”.
He also agrees that:
“Too often complaints are escalated unnecessarily, including sometimes to multiple agencies at the same time”.
I hope that I am safe in saying that I do not think that either my noble friend or I are wedded to the particular approach that we have in our amendment, but we are wedded to supporting schools and parents so that complaints can be dealt with swiftly and clearly, with a minimum of stress and expense, human or financial, to all involved. I look forward to hearing from the Minister the Government’s plans in this area.
Baroness Blake of Leeds (Lab)
I thank noble Lords for their contributions and for raising this very important area around parental complaints and appeals and the introduction of a central school complaints system. The Government completely understand the concern on this matter. As I shall go on to mention, the increase in the number of complaints is quite staggering, when you see the statistics laid out.
Amendments 485, 487 and 488, tabled by the noble Lord, Lord Jackson, would allow parents and carers of children in maintained schools, independent schools, including academies, and non-maintained special schools to appeal to the First-tier Tribunal. Amendment 489, also tabled by the noble Lord, would allow for regulations to amend secondary legislation on the rules and procedures of the First-tier Tribunal. I note the detailed examples that the noble Lord highlighted to us.
Amendment 502YM, tabled by the noble Baroness, Lady Spielman, would introduce a central complaints system to handle all school-related complaints in England, and for these complaints to be held in a central database accessible to the Department for Education and Ofsted. I hope we have made it very clear throughout the passage of the Bill, and I repeat it, that the Government’s mission is to break down barriers to opportunity by driving high and rising standards, so that all children are supported to achieve and thrive. This area fits into the discussion of these amendments.
When parents and carers believe schools are not delivering the standards expected of them, they of course have the right to raise complaints with schools—that is of the utmost importance. All schools are required to have a complaints policy in place that is promoted and effectively implemented. However, we believe that the introduction of an additional level of appeal to the First-tier Tribunal would create increased burden on a school system that is already under enormous pressure, as we have heard, from the increasing number of parent and carer complaints.
Importantly, the existing system already allows for the escalation of complaints where parents and carers believe complaints have not been handled compliantly or a school has not adhered to education law. When non-compliance is identified, the Secretary of State for Education has powers to intervene in a way that is proportionate and necessary to bring resolution to the parent’s or carer’s complaint.
We have accepted and acknowledged the issues and concerns being raised, by both schools and parents and carers, about the current school complaints system, both the pressure it places on schools—we have heard some good examples of that—and the frustration it can cause for parents and carers. As the noble Lord, Lord Storey, highlighted, the increase in parent and carer complaints is a growing concern across the sector. That is why we are working through the Improving Education Together group, bringing together colleagues from across the sector to improve the school complaints system. Our aim is to reduce the burden on schools and leaders, while also maintaining parents’ rights to raise concerns, including by exploring ways to reduce unnecessary duplication. We want to create a better and clearer system for parents and to improve the relationship between schools and families.
The noble Baroness, Lady Barran, highlighted the work that Parentkind has done in this space. I am very pleased to inform the Chamber that the Secretary of State went to the launch of its latest publication on this subject on Tuesday—when, ironically, we were in the Chamber. That was a very important step forward. She set out that we are resetting relationships between schools and parents, so that trust levels are high and any issues are resolved informally before becoming complaints.
The other pressure that I need to draw attention to, and why we are very concerned about introducing additional burdens, is from SEND-related tribunals. The number of appeals has risen by over 40% in the past year alone. I think that it is well known that we are working with the Ministry of Justice to bring more capacity into that system. That will be addressed in the SEND reform review that will be published later in the autumn.
The noble Baroness, Lady Spielman, raises an important point about AI. I had not thought of it in that way, but of course people are finding new applications all the time, just putting their few words into ChatGPT or whatever and coming out with a whole document built on that. I want to reassure her that the department is fully aware of this situation and is looking at ways to support schools in this space, including revision of the department’s guidance to schools on this very important matter.
Baroness Barran (Con)
Can the noble Baroness say now, or write to me and put the letter in the Library, clarifying whether, in relation to simplification of the complaints system, which obviously the Secretary of State has said she would like to do and which is at the heart of the amendment in my name and in that of my noble friend Lady Spielman, that requires a change in primary legislation or whether it can be done in secondary legislation? If it requires primary legislation, I am sure that colleagues in the department would be able to craft some kind of commencement clause—I am not sure quite what sort of clause it would be—that would allow that to happen without us having to wait several years for more legislation.
Baroness Blake of Leeds (Lab)
The noble Baroness raises a very important point, and these will all be matters that are being considered as the Secretary of State takes this important work forward. I can get a written note and put it in the Library to outline the way forward and where we are at this moment.
Lord Storey (LD)
My Lords, Covid was certainly the rocket fuel for the growth of educational technology in our schools, which is now accepted as part of the school learning landscape. The UK’s education tech sector is the largest in Europe, spending, as we already heard, an estimated £900 million a year. However, there are real concerns that these amendments seek to address, which is why we will be supporting Amendments 493, 494, 502K, 502YH and 502YI.
The edtech sector is exempt from the Online Safety Act, and adherence to GDPR is inconsistent, to say the least. Large multiuse platforms such as Google Classroom and Microsoft Teams can enhance teaching and school management, but the absence of clear statutory standards leaves children’s education and school cybersecurity often at risk. We surely need a regulated framework to safeguard children’s rights, protect the data and prevent the commercial exploitation of children. We sleepwalked into the development of social media. Now that we see the harm that has been caused, we rush to try to do something about it. There is a strong case for developing a regulated framework to safeguard children’s rights and support schools in making informed and sustainable choices.
I want to respond to what I thought was a very thoughtful contribution by the noble Baroness, Lady Spielman. It made me think that six years ago I had a Private Member’s Bill on essay mills and contract cheating. That is now all for naught, because there are other ways of cheating, and AI helps that considerably.
I had an intern who one day said to me, “Lord Storey, here’s a speech for you”. I said, “Ooh, let me have a look”. I read the speech and thought, “Wow, this is great. I’ll use this”. He told me that it was AI generated. “Really?”, I said. I wondered whether in five or 10 years your Lordships’ House might be a very different place for speeches. Might we all succumb to using not our own thoughts and experiences but AI to generate speeches? Would anybody know in five or 10 years’ time, when the technology will be absolutely spot on?
I want to deal briefly with the amendments in the name of the noble Baroness, Lady Barran. Amendment 502YU concerns reception baseline assessments. The Minister will recall that I raised this in an Oral Question. There is something a little perverse about the youngest children—five year-olds—doing their assessments on a screen. I have a degree of sympathy for the noble Baroness’s amendment, and I hope the Minister can shed some light on it.
Regarding the other two amendments, I know that SEND exceptions are mentioned, but as my noble friend Lord Addington said in his hugely important contribution, it is not either/or. We have to think through these amendments carefully, as there are other issues, not just special educational needs, that we need to be aware of. We do not want to agree something that creates problems for the future.
Baroness Barran (Con)
My Lords, this is yet another important group of amendments, which seeks to bring, frankly, some common-sense principles to the use of edtech, children’s data and screens. Amendments 493 and 494, in the name of my noble friend Lord Holmes of Richmond, seek to introduce what would in effect be quality standards for the use of edtech in schools. There are existing standards and guidance for schools in relation to hardware and data, but I was unable to find any specifically in relation to edtech, so it feels as though my noble friend has identified a real gap.
Similarly, Amendment 502K, in the name of the noble Baroness, Lady Kidron, would introduce a code of practice on the efficacy of edtech. I suggest that, in all these amendments, we need to be very clear that any standards or principles focus not just on some of the data and related safety issues that we have talked about; we must make sure that they are absolutely based on the latest research in cognitive science and the best understanding of pedagogy, so that they deliver learning. We need them to be safe—that is necessary but not sufficient—and effective.
Last year, a thorough report by the Education Select Committee on the impacts of screen time on educational well-being found that the proliferation of edtech platforms made their overall benefit hard to quantify. It pointed out that only 7% of edtech providers had conducted randomised controlled trials on their products. The report noted that there are more than half a million apps claiming to be educational but, as yet, no quality standards for assessing educational content. The report judged as poor the evidence base for assessing which, if any, of these apps are most effective.
Amendment 493 includes a requirement for transparency in relation to the use of training data, AI and third-party use of data. It shares the spirit of Amendment 502YI, in the name of the noble Baroness, Lady Kidron, which would introduce a code of practice in relation to the processing of data in connection with the provision of education to children—an area where the introduction of AI could expand how children’s data is shared and used. Understanding how our children’s data is used is extremely important, as we have heard from noble Lords across the Committee, but it is important that we can use it. One of the biggest data sources that could move the needle on, for example, AI marking systems for formative assessment, is held in our national exam scripts. We need to be very intentional about the areas that we focus on.
Baroness Smith of Malvern (Lab)
I understand that concern. Perhaps we can first make progress on the code, as I have outlined we are. I will write to the noble Baroness about this. I understand that this place is about putting things into legislation, but that does not mean that activity is not happening. The proof of the pudding may well be in the production of the code.
Baroness Barran (Con)
When the Minister sends that letter, will she kindly clarify both the data protection and the child safety angles that she talked about, for which the Information Commissioner’s Office would have responsibility? Will she also explain how the pedagogical elements will be included, to make sure that these are both safe and effective from a learning point of view?
Baroness Smith of Malvern (Lab)
Yes, I will do that.
Amendment 502YS, tabled by the noble Baroness, Lady Barran, seeks to confer a right for parents to elect for their child to receive, complete and submit homework tasks otherwise than by means of a computer or a personal electronic device. The noble Baroness made important points about the totality of the way in which children might be expected to do their homework and the challenges for those children who might not have access to technology to do that.
I would be surprised if there were schools that were expecting children to do all their homework using devices. Nevertheless, it is still important to maintain the principle—rightly set down by the previous Government, particularly by Damian Hinds as Secretary of State—that decisions over the volume and form of homework are made by schools themselves, working in collaboration with staff, pupils, parents and governors. I am not sure that it would be appropriate for the department to limit the autonomy of schools to set their own policies on homework. But it is right that schools should consider providing alternative options for pupils to complete homework where device access is limited. They should consider the implications for handwriting and for the other ways of learning and completing work, which the noble Baroness was right to identify.
We understand the concerns around the potential harms of unmonitored and unlimited personal screen use, but it is helpful in this debate to consider the distinction between personal and educational screen time—they should not necessarily be conflated. It is a question not of screen use per se but of what children and young people are using the screens for and what activities that supports and—importantly, I agree—replaces.
Effective use of technology can improve education access and outcomes and reduce staff workload. We trust teachers and leaders to use these tools appropriately, which includes their use to complete homework. Beyond that, as we have discussed previously, it is also important to recognise that assistive technology can go a long way to supporting children with particular needs—a point frequently and rightly made by the noble Lord, Lord Addington.
I turn now to Amendments 502YT and 502YU tabled by the noble Baroness, Lady Barran. Amendment 502YT seeks to ensure that secondary education exams are completed by hand rather than with a digital device, subject to specific exceptions. We are currently working closely with Ofqual to review evidence and develop policy on any potential future use of on-screen exams. There are already a small number of exams that are offered digitally—for example, A-level music technology; British Sign Language GCSE, which would be impossible to do unless it was done digitally; and some functional skills exams, which by nature of the point at which they are taken need to be done digitally—but Ofqual’s chief regulator has said publicly that any further introduction of on-screen exams should be treated with “extreme caution” and must be fair, proportionate and manageable. We agree with that.
However, it would not be appropriate to fix a policy position into legislation before the opportunities, risks and implications of on-screen exams have been fully considered in detail. Ofqual is responsible for regulating qualifications and examinations, and we expect that any changes to Ofqual’s regulatory framework would be subject to full public consultation in due course.
Amendment 502YU seeks to ensure that the reception baseline assessment is not administered using digital devices, subject to specific exceptions. It might be helpful for me to explain to noble Lords how this assessment works in reality. I think there is a general consensus that it is important for us to be able to assess the development of children at the beginning of their time in school. That is the point of the reception baseline assessment.
It is carried out with pupils individually. It takes between 15 and 20 minutes. Roughly half of it is carried out with a teacher sitting next to a single pupil, using the screen in a way that paper would not allow them to do—for example, to point at things and move them into different orders. The overall assessment retains the use of verbal responses. It retains the use of toys for questions in the other half of the assessment, which does not use a screen.
It brings benefits, including reduced workload for teachers and better support for pupils with special educational needs and disabilities using, for example, the assessment’s built-in accessibility settings. In relation to one of the points made by the noble Baroness, there is no expectation that a pupil has experience of screen use. The teacher can input the answers for the pupil if need be, because it is, in essence, a person-to-person assessment being carried out.
The new version, which was introduced in September 2025, had been trialled extensively with pupils and schools since 2018 and has been well received. A paper- based version continues to be available in circumstances where that is more suitable for the child. I hope that provides some reassurance to noble Lords. As the noble Lord said, I have responded to questions about this on more than one occasion. If we were to withdraw at this point something that has been trialled over a considerable period, with the trial having started under the previous Government, it would be difficult if not unfeasible to deliver a replacement in time to carry out this really important baseline assessment.
For all those reasons, I hope that I have provided some reassurance about the nature and development of this assessment. There are much broader conversations that it is obviously appropriate for us to have about the use of screens in early years settings and in schools, some of which we have had in earlier amendments and which I am sure we will continue to have, but I genuinely believe that, for this particular usage, removing it would be disproportionate, even given the concerns that noble Lords have expressed.
Lord Watson of Invergowrie (Lab)
My Lords, if my Amendment 505C appears something of an outlier, it is only because it is. It would have been more appropriate for it to have been introduced in Part 1 of the Bill, but I have to be honest and say that, at the time, I was unaware of it as an issue. Being even more honest, I have to say that, had I been following the progress of the Mental Health Bill, I might well have been. I acknowledge the assistance of the clerks in the Public Bill Office for finding me a peg on which to hang this, and also the assistance of JUSTICE, the law reform charity, for briefings and context.
Whatever the view of noble Lords on the contracting out of vital public services, I am confident enough to say that nobody on any side of your Lordships’ House wants people to be treated less decently and with fewer human rights because a service is being provided by an outside contractor rather than directly. The Human Rights Act is an essential tool for individuals to hold public bodies to account. It requires public authorities to act in compatibility with the rights set out in the European Convention on Human Rights, and this definition of a public authority has been narrowly interpreted by the courts. In a 2008 case, it was found that a private care home was not a public authority, despite the plaintiff’s placement being funded entirely by that local authority.
The years since then have of course seen a large expansion of core government services contracted out to the private sector, leading to an accountability gap in our human rights legislation. In the care sector, more than 80% of children’s homes are now run by private companies. That is an increase of 20% since 2010, and the figure continues to rise.
In 2014, an attempt was made to fill that accountability gap for care provision with the Care Act of that year. The then coalition Government made it clear that
“it wishes all providers of publicly arranged care services to consider themselves bound by the Human Rights Act, including private providers under contracts with local authorities”.
But a 2024 case demonstrated that this was not sufficient. A man with chronic and treatment-resistant schizophrenia, whose care and treatment had been funded by a combination of Manchester City Council and an NHS trust, sadly died. His family brought a claim against the private nursing home provider and the trust, arguing that his death had resulted from the private provider’s breaches of the Human Rights Act. However, the High Court struck out the human rights aspect of the claim, ruling that the man’s circumstances fell outside the scope of the provisions of Section 73 of the Care Act 2014.
That ruling highlights significant wider concerns for commissioned children’s health and social care services—although they are not covered by Section 73 of the Care Act because, as things stand, a private provider does not have human rights obligations to children in their publicly funded care. This is particularly important given the scale of outsourcing in the children’s social care market. Some 90% of children’s social care services shut down by Ofsted for not meeting standards to protect children, or where there was evidence of harm, are operated by private organisations.
Since four out of five children’s homes are operated by for-profit companies, there are reasons to be concerned about how well children’s human rights are protected in that social care sector. Children’s care settings provide services to some of the most vulnerable children in our society, and the Children’s Commissioner said in highlighting this last year:
“Children in care have the most prescribed rights in law, and yet these rights are often the least reflected in their experience. … We cannot meet children’s rights unless our public services are of sufficient quality to provide what children need”.
In January, when the Bill had its Second Reading in another place, the Minister of State said that the Bill would
“stop vulnerable children falling through the cracks in our services”.—[Official Report, Commons, 8/1/25; col. 953.]
The Human Rights Act is a crucial safeguard for individuals up and down this country on a day-to-day basis, especially for those with vulnerabilities who rely on the state. As the Care Quality Commission set out in 2023, a focus on human rights
“ensures people receive good care and helps us fulfil our duties and purpose by meeting our legal obligations”.
However, people do fall through the cracks, and not just young people. The uncertainty in the law means that private providers may have no direct statutory obligation to act compatibly with children’s ECHR rights and that children—and, by definition, their families—may have no direct remedy against private providers for human rights violations. The Bill is an important opportunity to extend human rights protections to all those in commissioned children’s care, irrespective of who the provider is.
It is not sufficient to say that it may be possible for a claim to be brought against a local authority. Why should parents be required to do that? The Joint Committee on Human Rights dealt with this during the passage of the Care Act 2014, making it clear that:
“The inadequacy of such indirect protection has long been a matter of consensus in debates and reports about this issue”.
It has also been a cross-party position for many years that those in publicly funded care deserve full human rights protections and that providers must be directly accountable for breaching human rights, as was demonstrated by the cross-party support for changing the law through the Mental Health Bill earlier this year. During Report of that Bill in your Lordships’ House, when my noble friend Lady Keeley proposed an amendment on adult mental health care and treatment, the Minister—my noble friend Lady Blake—said that the Government were
“particularly conscious of the references to children’s services”,
and that it was
“an issue that we have, of course, been discussing with the DfE”.—[Official Report, 2/4/25; col. 337.]
My noble friend pledged to take the matter forward, and she did so very effectively, because it resulted in what is now Clause 52 of that Bill, which amends the Human Rights Act 1998 and states,
“A registered care provider is to be regarded for the purposes of section 6(3)(b) of the Human Rights Act 1998 as exercising a function of a public nature in providing any of the services mentioned in subsection (2) (to the extent that it would not otherwise be so regarded)”.
The Children’s Wellbeing and Schools Bill is, as I said, an important opportunity to ensure that all private providers of children’s services commissioned by local authorities, whether in social care, education or disability-related services, are treated as public authorities under the Human Rights Act. I very much hope that my noble friend the Minister will signify that the Government intend to follow the lead of her Ministerial colleagues on the Mental Health Bill when this Bill reaches Report. If she is unwilling or unable to do so, I hope that she will arrange for the statement called for in Amendment 505C to be published.
Baroness Barran (Con)
My Lords, as we have heard, this group of amendments would introduce a number of reviews of the Bill. Those in the name of my noble friend Lord Wei also seek to limit the new powers in the Bill in relation to elective home-educated children.
Amendment 502C from my noble friend Lord Norton of Louth would introduce a review of the Act after five years, and my noble friend made an extremely articulate and clear case for this. I think my noble friend said that there were already over 20 examples of amendments seeking reviews of different parts of the Bill. Although concerns about Part 2—which we have debated more recently—are certainly uppermost in my mind, those of us with long memories will remember some of the concerns about the pace of and evidence base for the reforms to children’s social care in Part 1.
My noble friend set out some criteria for post-legislative scrutiny: it should be a substantial Bill—I think that, on day 12, we can agree this is a substantial Bill; it should introduce major changes; it has unquestionably been controversial; and it did not have pre-legislative scrutiny. I thought almost the strongest point is that this would allow the Government to demonstrate their confidence that the Bill will deliver on the changes that the Government seek and the impact that the Government desire, so I hope very much that the noble Baroness will be able to accept my noble friend’s amendment.
Amendment 505C in the name of the noble Lord, Lord Watson of Invergowrie, again very ably presented, highlights concerns about the responsibilities of private providers of children’s social care in relation to children’s human rights. Again, it would be helpful to hear the Minister’s response to this. For my part, I suppose I would prefer the Government’s focus to be on the quality of care that children receive when they are in local authority care, in a children’s home or, potentially, in foster care, as in this case. They already have considerable rights enshrined in legislation, as the noble Lord said; what we need is for the culture in those organisations to make sure that children receive the care that they so very rightly deserve.
Lord Addington (LD)
Just before the Minister replies, I shall very briefly say that the principle of reviewing legislation is one that I think we have all agreed to and no Government have ever found terribly convenient. I hope that we can get something going and some commitment by the Government that they will look at what happens here, or some structure for reviewing what happens, because the unforeseen is something which no degree of planning now can ever adjust.
Lord Storey (LD)
The hour is late, so I will be very brief. I make three observations. First, we react to situations; we do not prepare for them. Secondly, we then set up a particular programme or campaign but we do not embed it; we do it until people have lost interest or media attention has moved on to something else; thirdly, schools or parents often come up with something, following a particular event occurring in a school and it starting a campaign—it is a pity that this is not shared.
It is not quite the same, but I think of the example of EpiPens and defibrillators in schools. In Liverpool, a poor boy aged 11 had a cardiac arrest in the swimming pool and tragically died. His family and immediate friends started a campaign, the Oliver King Foundation, to get defibrillators into every school in Merseyside, and that happened. All these amendments are certainly worth consideration.
Baroness Barran (Con)
My Lords, this is a diverse group of amendments.
Amendment 502M, tabled by my noble friends Lord Young of Acton and Lord Brady of Altrincham, is on the duty to keep schools open in person during civil emergencies. I think that we can all agree on the importance of this principle. We saw vividly during Covid that schools are crucial centres of learning but also places of community, which form an important part of the foundation of childhood. I support the principle behind the amendment that schools should remain open and that closure should be considered only ever in the most extreme circumstances. I am slightly less clear, looking at the noble Baroness, Lady Longfield, whether the Children’s Commissioner is the right person to advise the Government, but it will be interesting to hear what the Minister has to say on that.
Amendment 502P, tabled by the noble Baroness, Lady Boycott, and my noble friend Lord Gascoigne, on the creation of a safe and resilient schools plan, rightly highlights the importance of ensuring that our school buildings are resilient to climate change and responsible when it comes to emissions—maybe a building cannot be responsible but those building it can be. The previous Government set out in our Sustainability and Climate Change: A Strategy for the Education and Children’s Services Systems in 2023 a commitment for all new school buildings to be net-zero in operation, designed for a 2 degree rise in average global temperatures and future-proofed for a 4 degree rise. I am slightly confused by the noble Baroness’s amendment because I assume that the Government will continue with those objectives. If that has changed, can the Minister clarify?
Future buildings are a huge challenge, not just in funding but in the capacity in the building industry to deliver—although maybe the noble Baroness, Lady Smith, is working her magic in construction and green skills.
Amendment 502YA, tabled by the noble Baroness, Lady Finlay, is on civil preparedness training for pupils. Again, I am not convinced that there is a need for this amendment. There is already guidance and online training materials about how to respond to terrorist and other major incidents and I am not sure that we need more than that. Schools are pretty well equipped already.
Finally, Amendment 502YB, in the name of the noble Baroness, Lady Bennett of Manor Castle, is on the review of climate adaptation in schools. It is not helpful to focus on just one aspect of school buildings, as opposed to many other aspects, including the safety and security of the construction materials that they are built with. We should trust local authorities and school trusts to fulfil their safety, suitability and climate resilience responsibilities.
The noble Baroness then went on, I think, to suggest—maybe I am being harsh at this late hour—that the Government should be more directive towards schools on relaxing school uniform. The idea that the Secretary of State will not only count how many ties we have in school but now instruct schools whether to loosen them is just going too far.
Children’s Wellbeing and Schools Bill
Baroness Barran Excerpts(2 weeks, 2 days ago)
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Baroness Barran (Con)
My Lords, as we have heard, this group and the next one cover a range of issues in relation to admissions. My sense is that most of the amendments in this group are not really needed in practice, but the Minister will no doubt clarify.
In relation to Amendment 449 in the name of my noble friend Lord Lucas, as my noble friend made clear, each individual school publishes its admissions policy on its website. I accept his point that local authorities no longer publish as many comprehensive booklets as perhaps they once did. It is reasonable to expect that parents should be able to look at different websites and the admissions policies of the schools that they are interested in sending their children to.
Turning to the amendments in the name of the noble Baroness, Lady Garden of Frognal, my understanding is that under the fair access protocol, children in need of a school place will be found one. While I absolutely respect the noble Baroness’s concerns about the groups of children she described, I am not sure it is helpful that we should place a priority on one group of children over another, but rather that we see the right to education as fundamental for every child.
My noble friend Lady McIntosh of Pickering’s Amendment 455 relates to admissions policies for children living in rural areas. My noble friend raised some valid points about the financial pressures that rural schools, and in particular very small rural schools, face, but I am just not sure that it would be appropriate for an analysis of those policies to be done in the department.
I turn to Amendment 456 in the name of the noble Lord, Lord Watson of Invergowrie. The noble Lord raises a valid point. There is a change in policy happening around the future ability of maintained free schools—although they will not be free schools in the sense that many of us understand—to be available, and that is different from what exists today for academies. So it is entirely fair of the noble Lord to probe the Government’s thinking on this.
As we heard, Amendment 457 in the name of the noble Baroness, Lady Burt of Solihull, would require the Secretary of State to publish an annual report on school admissions policies, including an analysis of the proportion of places allocated based on faith-related criteria. Of course, as I said earlier, schools already publish their admissions policy, but I do not think they publish the outcomes in relation to faith-related criteria. Again, I am slightly puzzled about the value of doing this nationally as, obviously, parents typically look at schools in a pretty narrow geographic area close to where they live.
Finally, in relation to Amendment 475, I agree with the noble Lord, Lord Addington, that off-rolling is not acceptable. In 2019, Ofsted defined off-rolling as
“the practice of removing a pupil from the school roll without using a permanent exclusion, when the removal is primarily in the best interests of the school, rather than the best interests of the pupil. This includes pressuring a parent to remove their child from the school roll”.
That aspect is clearly in the sights of the inspectorate, so I do not think that the noble Lord’s amendment is needed. The noble Lord also raised much wider issues around attendance, which go far beyond that definition of off-rolling, and I think that the new inspection framework from Ofsted, with its emphasis on inclusion, might serve to reassure the noble Lord that that continues to be in the sights of those who are responsible for holding our schools to account.
The Minister of State, Department for Education (Baroness Smith of Malvern) (Lab)
My Lords, the amendments in this first group cover admissions and related issues in relation to these clauses. This package of measures will help to ensure that decisions on place planning and admissions support the needs of communities and families while also supporting local authorities to deliver their statutory functions.
I turn first to Amendment 449 from the noble Lord, Lord Lucas, and Amendment 457 from the noble Baroness, Lady Burt, which seek to ensure that admissions information is available to all parents. They would require the Secretary of State to publish information about schools admissions arrangements, including any faith-based arrangements. I hope to provide some reassurance to the noble Lord, Lord Lucas. Admissions authorities are already required by the statutory school admissions code to publish their admissions arrangements on their school’s website, including the proportion of places that will be prioritised for pupils of faith, and ensure that parents can easily understand how admissions arrangements will be satisfied.
Admissions authorities must also provide information to enable local authorities to publish an annual admissions prospectus for parents. The code requires local authorities to publish this information for all schools via a composite prospectus. We believe that the existing approach is proportionate, reflects the diversity of admission arrangements and local circumstances and is not overly burdensome on schools or local authorities, while enabling parents to access the information they need about their local schools.
Amendment 455, tabled by the noble Baroness, Lady McIntosh, seeks to insert a new clause to require a review of rural schools’ admissions policies. The admissions system already contains mechanisms to ensure that admissions policies meet local needs, including the policies of rural schools. Admissions authorities must consult locally before making changes, and anyone who considers a school’s admissions policy to be unfair or unlawful can object to the Schools Adjudicator.
Furthermore, our school travel policy ensures that no child is prevented from accessing education by a lack of transport. Local authorities must arrange free travel for children attending their nearest suitable school who could not walk there because of the distance or their special educational needs, disability or mobility problems, or due to route safety. The Government have also set out a plan to deliver better bus services and drive opportunity to underserved regions.
The noble Baroness talked in particular about the issue of the rural services delivery grant. In relation to that, the Government are committed to tackling the issues that matter to rural communities. We are allocating funding through improved needs formulae in 2025-26 to target funding where it is needed the most, investing in the priority services that people rely on the most. Places with significant rural populations will receive on average an almost 6% increase in their core spending power this financial year—a real-terms increase—and no council will see a reduction.
The rural services delivery grant does not properly account for need. In fact, many predominantly rural councils receive nothing from it. That is clearly not right. The Government consulted on proposals to repurpose this funding in the usual way, in the provisional 2025-26 settlement, but the Government are nevertheless keen to hear from councils about how best to consider the impact of rurality on the cost of services as part of the longer-term consultation on local authority funding reform, which was published in June.
Amendment 456 in the name of my noble friend Lord Watson seeks to apply the 50% faith admissions cap to new state-funded schools designated as having a faith character. We greatly value the contribution that faith schools make to our schools system and support the ability of faith schools to set faith-based oversubscription criteria. This can support parents wishing to have their child educated in line with their religious beliefs; it is for the admissions authorities of individual schools to decide whether to adopt such arrangements.
Many faith schools are oversubscribed, which suggests that parents value and want these schools. We also understand that the ability of faith schools to prioritise children of faith when they are oversubscribed—and of course it is only at the point at which a school is oversubscribed that these admissions criteria would bite—is important and, at the risk of disappointing my noble friends and the noble Baroness, Lady Burt, we do not intend to change that approach at this time.
Removing the legal presumption that all new schools should be academies, which is what has brought about this issue, is intended to give local authorities the flexibility to make the best decisions to meet the needs of their communities. Decision-makers will carefully consider proposals from all groups and commission the right new schools to meet need and to ensure every child has the opportunity to achieve—
Baroness Spielman (Con)
My Lords, I support my noble friend Lady Barran’s amendments to Clause 56 and my noble friend Lord Agnew’s Amendment 454. I have heard much around the Committee this afternoon that is extremely important, but I think there are some wider points to make.
There are many romantic expectations of school admissions—that there is a perfect world in which every child will go to the school that they and their parents choose, in which every mainstream school can provide well for every child no matter how extreme their needs, and in which no child will ever cause harm to any other child or adult in a school. In this perfect world, the romantics expect children to be distributed perfectly evenly between schools on any measure by which we choose to analyse the population. But this is a dream, and chasing dreams rarely improves children’s experiences in the real world. Sadly, it is entirely possible that the extended powers to direct admissions will backfire, especially with policy pressure on local authorities to keep even the worst behaved children in mainstream schools irrespective of the consequences.
Consider a child for whom an LA is trying to find a managed move. If several schools decline to accept the child, it may mean that they are all shirking their responsibilities, or it may mean that they have correctly assessed that the child’s needs are too great for that school or any mainstream school to manage the child safely. One shocking case I saw as chief inspector related to a girl who was raped by a boy who had come to her school on a managed move and, worse, the receiving school had not been informed by either the LA or the sending school of the boy’s known history of serious sexual misconduct. No school should be levered into putting other children at risk in this way.
If the LA directs the child to one of its own schools, it still has direct responsibility for the child, but if it can direct the child to an academy, it has offloaded the problem, at least in part. There is an obvious incentive for local authorities to use this power to offload the most difficult children and leave academies to shoulder a disproportionate responsibility for the most difficult and even dangerous children, and to inflict the greatest risk on the other children and staff in those academies.
Let us also consider the point that, while a decision will relate to a single child, good schools also have to consider how many children with behavioural problems they can manage and support properly without destroying the very strengths that make them able to work effectively with such children. I have seen already how difficult this is for local authorities in the context of SEND. Local authorities control EHCPs, which name a school to which that child should be admitted. In theory, it is parents who choose that school, but in practice, local authorities have significant influence over those parent choices, and some local authorities have perhaps on occasion found it convenient to encourage parents to choose academies rather than maintained schools, or at the very least to not discourage them from doing so.
As a result, some popular and successful academies have at times found themselves facing real difficulties. I know of cases where local authorities expected a school to fill more than one-third of its year 7 places with children requiring intensive individual support, many of them for behavioural problems. This would have turned those schools into de facto special schools without the wider infrastructure and support that we expect of special schools.
It is in fact extraordinarily difficult for local authorities to be impartial between mainstream schools and academies. For this reason, I strongly support my noble friend’s Amendment 452ZA, requiring local authorities to act impartially between maintained schools and academies. It will still be difficult in practice, but the principle should be explicit in the Act.
Similarly, my noble friend’s Amendment 453A to Clause 56 and Amendments 457A and 457B seek to ensure that changes to school admission numbers are made in the interests of children and parents, rather than the administrative convenience of the local authority. Again, these decisions will always be hard and will never please everyone, but it is right and important that children’s needs are explicitly put first: otherwise, it is sadly all too certain that, with the shrinking birth cohort, some excellent schools will see their admissions restricted while mediocre schools carry on. My noble friend Lord Agnew’s Amendment 454 gives some protection to this principle. I hope the Government will see how unfortunate this would be and will take steps to guard against it.
Baroness Barran (Con)
My Lords, Clause 53 covers the role of schools in general and academies in particular in relation to pupil place planning. As we know, in the vast majority of cases, academies co-operate and fulfil their role in helping the local authority to meet its sufficiency duties, as the Bill says, so far as is reasonable. Clause 54 gives the local authority new powers to direct admission of individual pupils, despite the fact that those powers already exist for the Secretary of State to use within the funding agreement for all academies.
The policy notes say, slightly quaintly:
“Schools and local authorities’ interests may not always be aligned, and they are not expected to agree on all admissions and place planning matters. However, it is expected that they will behave reasonably and collaboratively, for example, considering the other party’s views, being willing to meet and discuss differences, and sharing information in a timely manner”.
All this is fine, but presumably the point of the clause is to get quicker decisions and to address a problem of academies apparently unreasonably refusing to accept these pupils. But where is the evidence that that is true? In the academic year 2023-24, there were just under 11,000 exclusions. Looking at the data on the department’s website for exclusions and suspensions, including repeat suspensions, one sees incredible differences, in the rates of permanent exclusion in particular, even in neighbouring local authorities. This is true for local authorities where almost all the secondaries are academies and for those where there are predominantly maintained schools.
Baroness Barran (Con)
My Lords, we have seen some of the most significant improvements in outcomes for pupils in our free schools, with schools such as Michaela and Ark Greenwich in London, Eden girls and boys, part of the Star academy trust in Birmingham, and the Mercia School in Sheffield, to name but a few, achieving remarkable results. I know that my noble friends Lord Harris, Lord Nash and Lord Agnew are very likely to add to that list of exceptional free schools that they have been part of creating.
Free schools have been a mechanism for the injection of new ideas, new energy and improving models of education into the state system. Free schools respond to parental and community demand; they provide parents with choice over their child’s education and they have driven up standards. Free schools are usually part of a strong multi-academy trust that has a track record of delivering high-quality education and the back-office capacity needed to support smooth and financially sustainable operations across HR, finance, IT, premises and more. Local authorities do not have and never have had the same capacity and ability to provide tailored support to schools.
The reason for the change in policy in the Bill to allow local authorities to open free schools in future is given in the policy summary, which says that the measure better aligns
“local authorities’ responsibility for securing sufficient school places with their ability to open new schools”.
Again, to loop back to the previous group, on which the Minister did not commit to write—I am sure that her officials noted my request for data—can she share the evidence that there really is a gap in their ability to secure sufficient school places and cite any instances where a local authority has been unable to meet its sufficiency duty as a result of a lack of applications from suitable trusts to establish a new free school? Certainly, during my time in office, there were always multiple applications for new presumption free schools, both mainstream and special schools.
My worry is that this is an example of bureaucratic tidiness being prioritised over outcomes for children. The English system is not tidy: we have voluntary-aided schools, voluntary-controlled schools, foundation schools and many other models. On paper, it might look messy, but we have still been able to rise significantly up the global league tables because we focused relentlessly on outcomes over bureaucracy. This clause feels like we are putting a bureaucrat’s diagrams first—even, I add before the Minister growls at me too much, a bureaucrat with a big heart and a lifelong commitment to children. All of this will change—and to the detriment of pupils.
It will also create higher costs for the Government. In an interview with Schools Week in April, Rachael Wardell, the new president of the ADCS, said, on the range of new responsibilities that councils will be given in the Bill, that
“part of our ongoing dialogue with government is going to be about, if you want us to do these things, then we’re going to need to be resourced accordingly”.
Can the Minister give an estimate of the additional funding needed for local authorities to fulfil their new duties, including in relation to free schools?
This proposed change creates a fundamental conflict of interest for the local authority. It will both invite proposals for a new free school when one is needed and be able to propose one itself, and it will then decide which proposal to approve. That is hardly a system designed to build confidence. We are told that, where it puts forward its own proposal, the Secretary of State, through the work of the regional directors, will be the decision-maker; however, this introduces an additional layer of work and, dare I say it, bureaucracy in a system that is currently working reasonably well. Organisations such as the New Schools Network have been critical in supporting trusts, establishing free schools and building capacity in the sector. We therefore think that the change in policy created by Clause 57 is a fundamental mistake and unnecessary, and I hope that the Minister will think again.
My Amendment 480 seeks to unblock the pipeline of free schools, which have been put on hold since the election. I think that 44 free schools are on hold, including some that bring high-quality 16-to-19 education to areas of very high deprivation, such as those with a high percentage of white, working-class boys, which the Secretary of State has recently focused on. Surely this is a way to demonstrate that focus and unlock those applications now.
The Government have, so far, spent twice as long reviewing the free schools pipeline as it took to open the first 24 free schools in 2010. The time between that election and the opening of free schools was 142 days; in contrast, the time between this Government’s announcement of the review in October 2024 and today has been about 288 days. Overall, it feels like the whole programme has been delayed, and I hope that the Minister can reassure the Committee that this is not the case and put some numbers on how many places will open in the next three years, in both special and mainstream schools.
Finally, I express my support for Amendment 481, in the name of my noble friend Lord Agnew, which would bring greater transparency to the accounts of maintained schools. I am sure that my noble friend, like me, is tired of being told that there is not enough transparency around academies, even though there is actually no financial visibility for maintained schools. I beg to move.
Lord Agnew of Oulton (Con)
My Lords, I will address my Amendment 481. This group is a bit of a mixed bag, but I think that my amendment is relevant and important, as it seeks to level the playing field by ensuring that there is a high level of financial governance for local authority schools compared to academies. Yet again, the credit must go to a previous Labour Government for setting out such strong foundations to underpin the governance of academies; comparing academies and local authority schools is like light and day.
I have a reputation for being something of a martinet when it comes to the disciplined management of school finances. Various people have made fun of me over the years, which does not trouble me in the least, because every pound I have saved from wasteful and poor management in schools is then available to go to the front line in improving the education of children. The Minister might even want to call me a bureaucrat, because I have been so assiduous in that part of the system. I would love to see the overall schools budget at a much higher level, but that will not happen given the parlous state of our country’s finances. We therefore have to work with what we have.
In the meantime, the level of accountability and visibility of LAs’ oversight of their own schools is murky at best. An academy trust has to complete a full external audit of its finances within four months of the close of the academic year—that is, between 31 August and 31 December. The accounts have to be filed with Companies House on that date. At that point, the full record of the trust’s financial affairs is available for public scrutiny for the year ending only four months earlier. You can get that information on any trust in England with about four clicks of a button. There is a red list in the DfE—I hope the Minister has seen it —of any trust that misses this deadline. When I was there, any trust more than a month late was immediately placed on a risk register. If schools’ managers or trustees cannot get the money right, how can they ever get the education right? It really is that simple.
But what visibility is there for local authority schools? There is virtually nothing that is easily accessed. Even as the Minister for the school system, I found it an endless battle to get this sort of information. Although LAs would complain frequently about not having enough money, they were rarely forthcoming about how they were spending what they had. This is a very unacceptable state of affairs. If we look at some key categories of oversight and compare the levels of transparency, I hope noble Lords will see why this very unbalanced situation needs correcting.
First, there is the accountable body. For academies, it is the board of trustees and the members sitting above that. The DfE Academy Trust Handbook sets the rules. These board members and the members themselves are on every academy’s website. For local authorities, they are their own accountable body—and try talking to that person.
Secondly, there are audited annual accounts, which I have already explained. But there are no requirements for anything similar for local authority schools. It is even worse that the average frequency of an internal local authority audit of its own schools is about every three years, and it is virtually impossible to see a copy of those reports. I failed consistently when I was in the department.
Thirdly, there is internal auditing. For trusts of a certain size, this is another annual requirement. For noble Lords not familiar with the term, an internal audit is not exactly as it says on the tin. An internal audit is conducted by external specialists but looks at different areas of schools’ operation beyond straight finances, such as deep dives into cyber vulnerability, payroll, the condition of the school estate and so on. There is no such requirement for local authorities.
Fourthly, there are financial returns. Academies are required to submit annual accounts to the DfE and indeed a three-year budget forecast. They also need to demonstrate compliance with their chart of accounts. For local authorities, again there is no standard national chart of accounts, and they are not required to submit three-year forecasts.
Fifthly, there are monthly management accounts. Academies are required to ensure that the chair of the board of trustees sees these at least four times a year. My noble friend Lady Barran actually reduced it. I had it at six, but she was right; my bureaucratic obsession probably had got the better of me. But this is not required for chairs of governors in local authority schools.
Sixthly, there is related-party transaction reporting. Academies have to comply with specific rules, such as needing independent authorisation from the DfE for larger sums. It was £20,000, but my noble friend—she might correct me—lifted it to £50,000. Again, there is nothing like that for local authority schools.
Seventhly, there is the publication of salaries. Academies have to disclose all salaries above £100,000, but local authority schools do not. This is required only for LA officers at LA level. Estimates I have seen indicate that there are over 1,000 staff in local authority schools across England who exceed that threshold, so any defence that it is not a material number of people in receipt of public money does not wash.
Eighthly, there is website reporting. Academies are required to publish their audited accounts on their website. There is no requirement for local authorities to publish their school accounts.
Ninthly, there is the accounting officer. Academies have to appoint an accounting officer with—I stress—personal responsibility for accurate and timely reporting. No such thing exists in local authority schools.
Given that LAs are facing an unprecedented financial squeeze, with some virtually bankrupt, such as Birmingham, there should be no excuse for them not to up their game. The costs—which will of course be the reflexive defence for not doing anything—would be trivial against the improvement in the spending going on inside the LA schools and would be recouped many times over the cost of the audit fee.
Every time I have taken over a local authority school, we have eliminated hundreds of thousands of pounds of wasteful expenditure, which is then focused on teaching. In every secondary school inside my trust, because of the very tight financial management, we have been able to extend the school day by three hours a week. If a child spends the full five years of his or her education in one of those schools, it is the equivalent of receiving another year’s education. That is what is at stake here. Norfolk is not a well-funded local authority; it is about middle ranking. We are not getting any handouts. It just shows you that, if there was more rigour in the system, it would make an enormous difference to the children in our country.
Baroness Smith of Malvern (Lab)
I recognise the point made by the noble Baroness and the need for trusts to have certainty about their projects as soon as possible. We will provide an update on next steps to trusts and local authorities in due course, and I am sure that others in the department have heard the reasonable points made by the noble Baroness.
Baroness Barran (Con)
I am slightly surprised by the Minister’s response to this group. On the changes proposed by Clause 57, she repeated the point set out in the policy summary document about the importance of local authorities being able to meet their sufficiency duty, but she did not give us any examples or data to suggest that there had been instances where they were unable to meet their sufficiency duty because of a lack of suitable applications. Therefore, if I may, I will repeat my earlier request that the Minister write to me setting out exactly how often that has happened, maybe over the last five years, year by year, so we can get a picture of what this problem really is.
The Minister gave the House no reflection on the capacity of local authorities to deliver new free schools, no reflection on the conflicts of interest inherent in this policy and no real recognition of the contribution of free schools, which, as we heard particularly from my noble friend Lord Harris, have done really great and important work, particularly in narrowing disadvantage gaps. As my noble friend Lord Nash said in relation to the importance of the Latin Excellence programme, these schools have often been pioneers in raising the aspirations of children through the curriculum they offer. As we debated, and as I quoted in the debate last week on the curriculum, this is about opening doors for children—not moving the destination closer to them but building the bridge so they can get to that destination.
On my noble friend Lord Agnew’s Amendment 481, it is good that the Minister has the figure on the cost. I am sure my noble friend could negotiate that down given half a chance, but the real point is the one he made: that his trust has been able to unlock funding that gives three more hours a week to the children in that trust, or one year more of education. The Government’s accepting invisibility and probable financial inefficiency in local authority schools does the children in those schools a real disservice.
Baroness Barran
“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.”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.
Baroness Barran (Con)
My Lords, this is a very important group of amendments as it seeks to understand the Government’s attitude to behaviour in our schools and, in particular, how to balance the rights of children who have been excluded or have committed acts of violence with the rights of other pupils in the classroom, as well as how best to address bullying in schools.
Amendment 459 aims to bring clarity about acts of violence or threats of violence towards school staff. Pupils should understand that any such act would be referred to the police. We have made it clear that this is not intended to criminalise children, but we believe it would help to reset expectations on behaviour and give the police and children’s services important information about those pupils. I recognise, of course, that schools know their pupils very well and are able to exercise their professional judgment; but even with that, we are concerned that there might be pressure on the Government to move to a position such as we have seen in Scotland to reduce the use of exclusions and suspensions.
Noble Lords will be aware of the disastrous impact of the Scottish Government’s policies in this area, which have led to violent assaults by pupils on teachers with no power remaining to exclude them. More recently, the Mayor of London has launched an inclusion charter to reduce suspensions, and at an event hosted by the Children’s Commissioner last week, the Mayor of Greater Manchester, Andy Burnham, suggested that he would like to see all pupil referral units abolished.
Head teachers need and deserve reassurance that they will be backed to exclude or suspend when necessary, and the presumption will always be that the rate of these strategies should not be considered too high unless there is good reason to think otherwise. The correct rate of exclusion is “when necessary”; it is not “as low as we can make it”. Amendment 502YYA seeks to clarify this. We are concerned about the impact of councils pursuing zero-exclusion policies, either directly or indirectly, by asking schools to sign up to reduction charters or similar. Such policies create an implicit expectation that head teachers should not exclude, which, frankly, would be disastrous for pupils and staff who have to face the impact of these decisions.
Baroness Barran (Con)
My Lords, I thank the Minister. I felt much happier listening to that reply than to her earlier one. As the noble Lord, Lord Hampton, said, it is important that head teachers know the Government have got their back in terms of managing very difficult situations with such dedication day in, day out. The Minister’s comments about the importance of safe, calm classrooms, her focus on the guidance that already exists in relation to suspensions and exclusions and her reassurance about the discretion that head teachers have on behaviour and permanent exclusions when they are necessary—and that the Government protect the rights of head teachers to do that—are important for them to hear, and I am grateful to her for making that very clear.
I am sure everyone in this Committee would echo her sentiment about early intervention strategies. That was picked up by my noble friend Lady Spielman. I warmed very much to the contrast she drew between the current focus on following process versus the opportunity to think about a plan for the future for each child who sadly finds himself in that position.
On Amendment 502YF in my name and that of my noble friend Lord Nash, I think I heard the Minister say that those children already qualify under Section 17 as children in need, and I agree with her. I wonder whether it would be helpful if, where that is not happening in practice, we bring those examples to the department for it to consider because clearly that is both the letter and the spirit of the law, and we all want to see that happening in practice.
I will skate over my minor fallout with my noble friend, as I hope I can call him, Lord Hampton. Things have been going so well and to fall over at 7 pm on Day 11 seems unfortunate, but there we go. I hope we can recover before Day 12 is out.
Briefly on the amendments regarding bullying in schools raised quite rightly by the noble Lords, Lord Carlile and Lord Storey, I very much share their concern about the impact of bullying, but I argue that this is all about having a strong school culture where bullying and other forms of poor behaviour are not accepted. I worry that if you make an individual person responsible for it, rather than it being something that every member of staff upholds, that might not work as effectively as noble Lords would wish.
On information and data on bullying, I was relieved to hear that the behaviour survey will continue to be published. I am hoping that means it will have the same questions as in previous years, to allow for comparability. The noble Baroness might want to put that as a “PS” on one of the many letters she is going to write to me. The survey gives detailed information, and we also know from the response of the charity Parentkind that, in parental complaints, bullying peer behaviour, safety, safeguarding, behaviour and discipline —it is all very overlapping—are the top areas.
I hope the noble Baroness, Lady Grey-Thompson, is happy with and reassured by the Minister’s comments on seclusion rooms. Of course, we are able to offer the Minister the simplest way to reduce bullying in schools, which is for the Government to accept our ban on smartphones in schools. I say this with a smile, but in all seriousness, we know that this is the source of much bullying nowadays and it continues not just in school but out of school. [Interruption.] I am not sure what the noble Baroness is muttering, but if the Government do not want to listen to me then maybe they will listen to Esther Ghey, the mother of Brianna Ghey, who has recently bravely launched a campaign against smartphones in schools, highlighting the terrible bullying and impact they had on Brianna. With that I beg leave to withdraw the amendment.
Lord Nash (Con)
May I just refer to my Amendment 502YF? I heard what the Minister said about the general duty under the Children Act, but I am still concerned about the black hole I spoke about. This is all part of improving the liaising between schools and local authorities on how we provide for these children. I will reflect on that, but I am still concerned. As far as my noble friend’s point about smartphones in schools and bullying goes, of course, bullying does happen outside school, when they still have those smartphones. It happens on social media, and that is why I am pleased to see the National Education Union and others pushing for increasing the age restriction in respect of social media to 16. As I say, I commend them in that endeavour.
Lord Lucas (Con)
My Lords, I very much support Amendment 502W from the noble Lord, Lord Carlile. We need a much better standard and a much better quantity of data in this area. We need to start with some clear understanding and definitions of the terms we are using. There seems to have been a lot of drift and expansion in definitions, and we need to get back to something that is clear, commonly defined and commonly understood.
Then we really need to understand what works for these children. We need to track what we are doing and when and why it works. This is a really complex area, so we will not get the answer out of small studies and small amounts of data. We need to track every child who has been fingered as SEND, and then we will get enough data to start seeing some patterns. Perhaps we can add other categories, such as young carers and those who are in care, where there are known difficulties with their education that are not associated with SEND but which may well share some common characteristics. If we get better at data, we will really start to understand how to do better by the children and work the cost down at the same time, and that is important.
I am with the noble Lord, Lord Carlile, in the spirit of some of the other things that he is doing but I hope that, if this amendment ever came to be enacted, there would be alongside it a recognition of the interests of the other children in class.
Baroness Barran (Con)
My Lords, we have heard some thoughtful speeches on the issues facing pupils with special educational needs and disabilities in general and neurodivergence in particular. There is no doubt that this is a pressing issue for parents, pupils, staff and of course local authorities, whose budgets are being severely impacted by the costs associated with education, health and care plans, or EHCPs. As all noble Lords are aware, the Government have committed to publishing a new White Paper on SEND and have been working with an expert group ably led by Tom Rees, the CEO of Ormiston Academies Trust. That is an incredibly important task, and we on these Benches hope very much that the Government can show a positive way forward that addresses some of the problems that beset the current system. I think the plans for that report mean that Amendment 498 is not needed.
I understand the criticism of the Children and Families Act 2014, which introduced the current system. However, all who were involved with that legislation, including some noble Lords who have been in the House today, had the best interests of children with special educational needs and disabilities at the forefront of their minds. Whatever the Government propose, I hope that they will take the time to pilot it and avoid the problems of implementation and the unintended consequences that the current approach has found.
I hope also that we can move away from blanket terms such as “SEND” or “neurodivergent”, as they cover such an incredibly wide spectrum. With that in mind, I am cautious about some of the amendments in this group, including Amendment 491 in the name of my noble friend Lord Holmes of Richmond, which would include mentors for all children with SEND, and the implications of Amendment 502S.
Given my earlier amendments on exclusions, it will not surprise the noble Lord, Lord Carlile, that I do not agree with subsection (2) in his Amendment 502Q, which would make a presumption against permanent exclusion or fixed-term exclusion, for the reasons that I set out earlier. Similarly, I disagree with Amendment 502T in the noble Lord’s name, which would put a duty on schools to support reintegration for pupils who had been in custody without any balancing consideration about the impact on the other pupils in the classroom.
Again, I am not convinced that Amendment 502R, in the name of the noble Lord Carlile, or Amendment 502U, in the name of the noble Baroness, Lady Grey-Thompson, are needed. There is already extensive content in the early years and core initial teacher training curricula following updates undertaken by the previous Government in relation to these issues. When I talk to experts on inclusive teaching, they are clear that for pupils who are able to attend mainstream school, the same approaches of very high-quality teaching apply to them too. I agree absolutely with my noble friend Lady Spielman when she says that the core way that we all learn is much bigger than many of us appreciate.
The SEND review of 2022 put it very clearly that:
“High-quality teaching, differentiated for individual pupils, is the first step in responding to children who have or may have SEN”.
I think there is a big gap in our understanding of the impact of different interventions. Some commentators have called for the creation of something a bit like NICE, which we have for pharmaceuticals, for SEND interventions. I have been sent examples of the kinds of requirements that are put on schools for children with education, health and care plans. Those I saw ranged between nine and 44 separate requirements, many of them not based on any academic evidence of their effectiveness, but all of them creating a great workload for schools. That is something that I hope the Government are going to grip in this review and address.
I have a lot of sympathy for Amendment 502V, in the name of the noble Baroness, Lady Grey-Thompson, as I spent a lot of time trying to understand the flows of funding for EHCPs, as have many much more august organisations such as the IFS and the National Audit Office. It remains very difficult to get clarity on how the system works from a financial point of view. Given the sums of money involved, it surely would make sense to be able to do this.
Amendment 502W in the name of the noble Lord, Lord Carlile, builds on Amendment 502V and aims for cross-sector reporting. I hope that with the new single unique identifier some of that will become much more possible. It will certainly reveal some valuable data. I look forward to the Minister’s comments on these amendments.
Baroness Barran (Con)
My Lords, as we have heard, this group of amendments focuses on the important issue of the mental well-being of pupils and the roles that schools could play in that. This obviously needs to be seen in the context of an adolescent mental health service which is currently struggling to keep up with demand, and where waiting lists are all too often extremely long, particularly with the rise in reports of poor mental health since Covid.
However, schools already have extensive guidance from the department on how to support both pupils and staff with mental well-being, and there is a mental health hub of resources. The previous Government introduced and began the rollout of mental health leads in our schools, and my understanding is the current Government have continued with this. So I am really not convinced that more duties and standards and guidance, as proposed in Amendments 462, 500 and 479, are the answer, although I accept the point made by the noble Baroness, Lady Tyler, regarding the range of qualifications one might want to have on a team.
We have also heard that we have some major red flags in relation to children’s mental health and well-being with the use of smartphones and social media and the extraordinary amount of time that children and young people typically spend on their screens. Once again, I urge the Government to address these root causes of isolation, loneliness and disconnection in our society, especially for young people, rather than introducing yet more guidance.
I am sympathetic to the spirit of Amendments 502B and 502Y in the names of the noble Baronesses, Lady Bennett and Lady Willis, respectively. Many schools are able to offer a forest school in primary, but this is something that school leaders need to decide on.
As the Minister mentioned, we introduced the National Education Nature Park when we were in office, with an emphasis on schools in areas with few or no green spaces, and I was pleased when I looked at the National Education Nature Park website last night that more than 3,000 schools have signed up to the scheme. That will give those children the opportunity not only to spend more time in nature but to gather a range of relevant skills, including data capture and analysis.
Amendment 472, in the name of the noble Lord, Lord O’Donnell, would establish a national children’s well-being measurement programme. We heard the noble Lord make a powerful case for such an approach, although I note the concerns raised by my noble friend Lady Spielman and the suggestion that indirect measures might achieve some of the same ends. A lot of questions are put to pupils in the national behaviour survey regarding well-being, including about happiness, how worthwhile a pupil’s life feels, levels of anxiety, loneliness, bullying and more, and I think there is a case for looking at the range of data that is collected. If it does not meet some of the objectives that the noble Lord set out, perhaps we could dispense with some of the data collection and replace it with something more useful.
I was very struck when in office by the approach that is taken in Indonesia—the Committee cannot laugh at me at this hour—in relation to surveys of pupil well-being, which are completely built into its equivalent of an Ofsted framework. It is able to identify very quickly schools where pupils’ well-being is significantly better or worse than the average, which allows it to learn from the best and address the weaknesses of the poorest.
I am not going to speak to Amendment 496 unless someone tells me I should because I do not think that that amendment was introduced.
Finally, my noble friend Lady Berridge and the noble Baroness, Lady Kennedy, reminded us of the tragic case of Benedict Blythe. Whether or not we are parents, we can all recognise the heartbreak of the death of a child, particularly where that death is avoidable. The noble Baroness, Lady Ramsey of Wall Heath, rightly pointed out the much wider and more prevalent issue of anxiety for parents of children at risk of an anaphylactic shock. I express my thanks to all the organisations in this area which have contributed to improving the response of schools to managing the safety of pupils with an allergy, particularly the Benedict Blythe Foundation for its work on the schools’ allergy code and the Natasha Allergy Research Foundation for its work on the allergy school. I hope that the Minister will be able to address the concerns raised in that amendment.
Baroness Smith of Malvern (Lab)
My Lords, this Government are committed to improving mental health support for all children and young people to help pupils achieve and thrive in education. We also agree that all children and young people should have the opportunity to understand and connect with the natural world, and recognise the importance of supporting pupils with allergies.
On Amendment 462 on the dedicated mental health practitioner, moved by the noble Baroness, Lady Tyler, this Government have announced that we will expand mental health support teams from 52% coverage of pupils and learners at the start of April 2025 to 100% by 2029-30. This will ensure that all schools have access to NHS-trained and -supported mental health practitioners. Additionally, funding of £13 million has been agreed to pilot enhancements to this service to support those with more serious needs; for instance, young people who have experienced trauma or those with neurodiversity or eating disorders. We will look at the experience of those pilots and how they could be extended.
The issue, as other noble Lords have identified, rests particularly in the numbers of mental health staff available to deal with the most acute needs of young people. This amendment would not add to the provision of mental health professionals, although the Government have committed to increase their number by 8,500, but switch responsibility from the NHS to schools. Schools provide a range of pastoral support, including counselling, but managing mental health professionals is not their job. Mental health support teams benefit from being recruited, trained, clinically supervised and having outcomes monitored by the NHS, and there is good evidence of their effectiveness.
Amendment 472, tabled by the noble Lord, Lord O’Donnell, seeks to establish a national children’s well-being measurement programme. The Government are strongly committed to supporting all children and young people to achieve and thrive. To help us do this, we need to understand how our children and young people are feeling. There is immense value in schools measuring, understanding and taking action on the factors which influence whether their pupils attend, achieve and thrive. Around 60% of schools already conduct some type of well-being measurement voluntarily.
We agree with the noble Lord that measurement should remain voluntary for schools. However, we do not agree that a centrally administered survey, costing millions of pounds a year over this spending review, is necessarily the right way forward. We believe in measurement, but for schools to choose to measure, it is important that the tool they use is relevant to them and they can be assured that results will not be used for accountability in an overly simplistic way.
Therefore, we recognise the need for there to be consistency of that measurement. That is why the Government have already initiated a programme of work with similar aims, with measurement experts and providers, including from the Our Wellbeing, Our Voice campaign, and with the education sector. This will involve setting standardised questions for schools to ask pupils, including about their well-being, enabling benchmarking between schools.
We will go further and provide non-statutory guidance, including tools and resources, to support schools to measure in a more consistent and evidence-based way and, importantly, to act on the findings with partners to improve outcomes for children. We are confident that the adoption of a standard set of questions across the sector and publication of operational guidance will better enable schools to share data with one another and other local partners, to facilitate local benchmarking and joined-up community action.
I hear the noble Lord’s point about national collection, and in the longer term, we will also explore whether and how this data could be collected centrally to inform national policy. In the meantime, to further amplify the voices of young people, we have committed to publishing an annual data release containing collated national survey data on pupils’ experiences in school, including their sense of belonging, enjoyment and safety.
Amendment 479, tabled by the noble Lord, Lord Watson, would require statutory guidance for schools on whole-school approaches to mental health and well-being. The Government already provide guidance, supporting schools to put in place whole-school approaches. While itself not statutory, this supports a range of statutory duties in relation to teaching, safeguarding, behaviour and special educational needs and disabilities, which are key to identifying need, and working with external services to meet that need. These existing statutory duties, the support already available to schools and the work that we are committed to on the framework, measurement and annual data collection, which I have just set out in response to Amendment 472, taken together, will provide a sound basis for all schools to put in place whole-school approaches and secure the support that their pupils need. I will write to the noble Lord about the specific point relating to the training grant and the Government’s approach to providing additional support for schools to do this.
I turn to Amendment 500, also in the name of the noble Lord, Lord Holmes of Richmond, which would require newly published standards for schools in England on physical and mental well-being; this point was referenced by the noble Baroness, Lady Grey-Thompson. Schools already have specific requirements to teach about physical and mental well-being, which are set out in the physical education national curriculum and the statutory guidance on relationships, sex and health education. Ofsted inspects the delivery of these requirements. This approach allows schools to develop their own approaches to supporting physical and mental well-being that reflect the very different circumstances of their pupils. Centrally set delivery targets could not reflect this difference.
Children’s Wellbeing and Schools Bill
Baroness Barran Excerpts(3 weeks, 1 day ago)
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Baroness Barran (Con)
My Lords, as the Committee knows, school attendance every day is critical for the success of pupils. During Covid, the previous Government introduced the collection of attendance data at a pupil level twice a day— initially on a voluntary basis for all schools in England and now on a mandatory basis. We have among the best attendance data in the world, which allows every school in the country to understand the patterns of attendance and absence within their own pupil cohort and compared to the other schools in their local authority. I thank the Government for continuing the work that we started in this area and commend the officials who are responsible for producing such accessible and practical help for schools.
I argue that the systems that have been built within the Department for Education and that are being used more and more by schools mean that they can already analyse the impact on attendance not just of a factory shutdown but—perhaps more relevant for today—of a tube strike, bad weather or many other factors, and pretty much in real time. Therefore, I am not sure that Amendment 426B is needed. I appreciate that the noble Lord, Lord Storey, was suggesting that there should be more flexibility for school attendance, but I do not agree with him. The evidence that the department has produced is clear on the impact of missing even apparently small amounts of time on, for example, GCSE results, and we need to respect that evidence.
I am grateful to my noble friend Lord Holmes for setting out the purpose of his Amendment 499. He will forgive that I did not quite understand it in the way that he had presented it. My understanding, which perhaps the Minister will confirm, is that a considerable amount of diversity is already accommodated within schools. I have certainly visited schools where children are able to take time out of the classroom, particularly those with an education, health and care plan—very often that plan sets out the details of the flexibility that they require.
More broadly, there is extensive guidance and practical help to local authorities, admissions authorities and all the other groups referred to in this amendment. The department has been particularly proactive in this area and has encouraged those schools that are succeeding in turning the tide on attendance to share their insights with those that are struggling. Very often, it is about those positive actions that they take, such as putting on more after-school clubs, for example, or calling parents, when a child has had a particularly good series of days of attendance, with a message of congratulations. I absolutely understand and respect my noble friend’s concern about this issue, but respectfully suggest that his amendment is not needed.
The Minister of State, Department for Education (Baroness Smith of Malvern) (Lab)
My Lords, this Government are determined to break down barriers to opportunity by supporting every child to achieve and thrive at school. We know the impact that any absence can have on a pupil. The noble Baroness, Lady Barran, is right that even small bits of absence, particularly when added up over a child’s career, can disproportionately impact on that child’s achievement and, of course, create disruption in the classroom for other pupils.
That is why I am very pleased that, thanks to the efforts of the sector, absence is moving in the right direction; children are attending over 3.1 million more days this year compared to last and over 100,000 fewer children are persistently absent. However, this still leaves around one in five pupils currently missing 10% or more of school, which is why, as the noble Baroness, Lady Barran, says, there has been considerable focus on this which, as she also says, builds on the work done by the last Government. In fact, she in particular has worked on developing the sort of data to enable comparison and monitoring of progress.
In addition, the department has developed an attendance toolkit, alongside the data tools, to help support schools identify the drivers of absence and adopt effective practice to improve attendance for all children, including the most vulnerable. We have launched an attendance and behaviour programme, with strong schools offering support to others to improve their practice. We have held 12 conferences, attended by around 3,000 leaders from secondary schools, trusts and local authorities to help drive that change.
Amendment 426B, in the name of the noble Lord, Lord Storey, seeks to create a duty on the Secretary of State to conduct a review into the effects of factory shutdowns on school attendance. We acknowledge, as the noble Lord says, that school attendance rates in particular locations can be influenced by a variety of external factors. However, schools and local authorities are best placed to identify those area-specific issues and take steps to mitigate them. In general, the school year is structured to provide plenty of time for holidays and family time outside term time, but schools and local authorities also have considerable flexibility to plan term dates and can hold inset days and other occasional days at times of the year suited to the specific needs of families in their area.
Amendment 499 tabled by the noble Lord, Lord Holmes of Richmond, seeks to require the Secretary of State to issue a code of practice on attendance. I accept his point about the need to recognise the different needs of children in our schools, which we have talked about in various other groups in Committee. On his call for a standardised approach setting out the requirements and roles of those outlined in the amendment, there is already statutory guidance which sets out in detail those roles and responsibilities for all the institutions and persons listed in the amendment in relation to improving school attendance.
The department published the Working Together to Improve School Attendance guidance in 2022 following a full consultation and it was updated in August 2024. This guidance takes a “support first” approach to improving school attendance and is now widely known by the sector following extensive work by the department to promote and embed its contents and share best practice from around the country. It will be updated as needed in future. Introducing a separate code of practice, as this amendment proposes, would duplicate this statutory guidance that we already have in place, risking confusion and waste. I hope that, for the reasons I have outlined, noble Lords will feel able not to press their amendments.
Lord Elliott of Ballinamallard (UUP)
My Lords, briefly, I have a query about proposed new subsection (2) to be inserted by Amendment 426E. I am wondering who would make the judgment around whether legal action would be required if it were to
“harm … a child’s welfare, or … on balance, … greater harm … a child’s education than if the legal action was not pursued”.
I agree with the noble Lord, Lord Storey. In my experience, schools have been very good at making the assessments and dealing with young people’s difficulties. The difficulty sometimes is in the relationship between the school and the authorities—I find that that can be problematic.
I am not clear about supporting the amendment because of that proposed subsection, as I am not sure who would make that judgment. Who would make the judgment as to whether the child or young person is doing that deliberately, or whether it is due to their mental health state or some other reason? I am keen to know who would make that judgment.
Baroness Barran (Con)
My Lords, I preface my remarks on these amendments by saying that I do not recognise the Dickensian school world that my noble friend describes. I would encourage him to visit any of the schools that I have visited, led by the noble Lords, Lord Nash, Lord Knight and Lord Hampton, and my noble friend Lord Agnew. In case anyone is thinking that I think only about academies, at my school of joy, Stanley Road Primary School in Oldham, the children are bursting with pride at what they achieve, in a clearly very deprived community. I acknowledge and thank all those involved in delivering education and joy to our children across our schools.
My noble friend’s Amendment 426D seeks to create a mechanism for sharing best practice between local authorities on home education. The principle of sharing best practice is, of course, an excellent one, but I agree with the noble Lord, Lord Storey, when he says that it is perhaps disproportionate for the Secretary of State to require this report. There is nothing preventing local authorities trying to learn from one another already. Local conditions vary considerably on, for example, the availability of special schools between local authorities. The conclusions that could be drawn from the data that my noble friend suggests should be analysed could be misleading.
I agree with the noble Lord, Lord Storey, on Amendment 426E and the care that schools take to support children. There is a wider point here. It could be argued that a lot of particularly criminal prosecutions of a child’s parents could result in harm to the child, particularly if the child’s principal carer is sent to prison, and that is something that the courts already consider. My noble friend’s amendment would cut across many other areas of legislation and some of the principles that underpin our criminal justice system in a way that is not realistic. I hope that the Minister will be able to clarify both these points when she comments.
Baroness Smith of Malvern (Lab)
My Lords, I strongly associate myself with the comments from the noble Baroness, Lady Barran, about the excellent work happening in schools around the country and the enormous pride, enjoyment and achievement that children experience in those schools. However, I would add that, in last week’s lengthy debates—and in those before the Recess—on the provisions in the Bill on children not in school registers, the Government were very clear that there is a right for parents in this country to educate children at home. In fact, as we discussed, we are probably one of the most permissive regimes of any country in allowing you to educate your child at home. What children not in school registers are about is ensuring that the education is suitable and children do not fall through gaps by virtue of claiming a suitable home education when that is not what is being delivered.
Lord Storey (LD)
I raise it only because it is a shocking condemnation of a schooling situation where young people cannot be themselves or have a proper education. I respect different religions and their rights; as I say, my daughter goes to a Jewish school where there are Hebrew lessons, the children are taken out at various times and there is a whole range of different faiths. The children’s faiths are respected and there are opportunities for them to develop learning and an understanding of their faith. That is all good and positive.
I do not have an issue with any particular faith bringing up children and young people in that faith, but I do want to see those children and young people have schooling that is registered and/or inspected. That is all we should ask for as a society. Anything that does not carry on the tradition of this country—one of the most successful multicultural and multifaith nations in the world—or develop what we believe in, we need to legislate against.
Baroness Barran (Con)
My Lords, I will keep my comments brief. We have had an excellent debate and these Benches support the aims of this clause: to ensure that children learn in settings, where they provide all or the majority of a child’s education, that are safe and regulated. I have a couple of technical points of clarification that might win the prize today for the most boring question asked of the Minister. I confess that I have read and reread the Bill and the policy notes and still do not quite follow it.
Section 92 of the Education and Skills Act 2008, which this clause amends, includes institutions that offer part-time education within the definition of an independent educational institution. I am unclear what the status of those institutions will be in future and why they do not form part of the revised definition. If the Minister wants to write, that would be fine. I am sure there is a simple and obvious answer that I have missed.
The regulation-making powers in this clause, if I have understood them correctly, are much wider than those in the 2008 Act. New Sections 92(3)(c) and 92(3)(d) seem to give the Secretary of State unlimited flexibility to redefine full-time education without proper scrutiny in Parliament. I suspect the Minister will tell me that it will use the affirmative procedure, but all of us know that that is very restricted scrutiny.
I am very pleased that my noble friend Lord Lucas has raised unregistered alternative provision, which benefits from neither safeguarding nor educational oversight, in his Amendment 427. It is extraordinary, as other noble Lords have reflected, that, rather like unregulated provision, we put very vulnerable children and young people in unregistered provision without any safeguards available. I agree with him that we would ideally have no unregistered provision but, at a minimum—this also applies to Amendment 451 from the noble Lord, Lord Storey—we would have some safeguarding regulation of those settings, even if children were going there for a short period. There is always the infamous “Dave the car mechanic” with whom some children apparently spend time. We should at least have appropriate safeguarding checks and I am interested in what the Minister thinks about that.
I now turn to the amendments in the name of my noble friend Lord Lucas, the right reverend Prelate the Bishop of Manchester and the noble Lord, Lord Glasman, all of whom have raised issues that can arise for children whose parents choose an educational path that aligns with their religious tradition. The Minister and the whole House have heard both sides of the argument very clearly today and the valid concerns that have been raised by faith groups about the impact of the Government’s legislation on their communities. Those were eloquently put in particular by the right reverend Prelate the Bishop of Oxford and the noble Lord, Lord Glasman—who I promise we will still listen to however much he speaks.
I close by aligning myself with my noble friend Lady Morgan of Coates. We want to retain what I think the noble Lord, Lord Glasman, described as the “precious” tolerance that many of us, including my own family, have benefited from this country welcoming us with, but also to ensure that the rights of every child are upheld. I hope very much that the Minister will put her not inconsiderable abilities to the task.
Baroness Smith of Malvern (Lab)
My Lords, first, I say to the noble Baroness, Lady Barran, that she is right—those questions were very boring, but I am sure that they were none the less important. I will write to her to respond to those specific points. The rest of the debate, however, was not boring, and was also important. I hope that I will be able to respond to the wide range of issues that have been raised and the conflicting positions that are part of what we need to wrestle with in taking this legislation forward.
This group of amendments impact Clause 36 and concern which settings are and are not brought into the system of regulation found in Part 4, Chapter 1 of the Education and Skills Act 2008. It might therefore be helpful if I first outline the intent of Clause 36. As I say, the clause concerns the settings regulated by that framework. Among other things, regulated settings are required to register with the Secretary of State and be subject to regular inspection against prescribed standards. At present, that framework applies to independent schools.
Clause 36 expands this framework further. Under this clause, settings will be required to register with the Secretary of State if they provide full-time education to five or more children of compulsory school age or one or more such children with an EHCP or one who is looked after by a local authority. This change will bring more settings that provide a full-time education into this well-established and effective regime. Typically, the settings impacted by this change will be those that operate during, but not necessarily only during, the school day, and we will produce guidance to help those potentially impacted by this change understand what is expected of them.
For understandable reasons, a significant part of this debate has focused on the issue of Haredi children and yeshivas. I will respond to that, but in doing so, I reiterate the point that the noble Lord, Lord Marks, is just wrong in suggesting that this legislation is aimed at yeshivas. As I have said, this measure is about ensuring that, where settings are providing a full-time education to children, they are registered and subject to regular inspection and meet certain standards. I accept that there has been concern among the community, and I will respond to that now.
Let me be clear that this measure does not presuppose an inherent problem with a child being educated at a yeshiva or the quality of home education. It is about ensuring the suitability of settings that provide full-time education to children. On the basis of how we define “full-time” and “engagement”, we intend to produce guidance to assist people in understanding whether the education setting they run needs to register with the Secretary of State. It is likely that this guidance will be similar to our existing approach and therefore the starting point will be that settings operating during the day for more than 18 hours per week will be regulated. I say in response to the noble Baroness, Lady Hoey, that I very much doubt that she attended Sunday school for 18 hours per week.
I emphasise that in expecting institutions operating for those hours to register, there is no requirement in the Independent School Standards, or in standards akin to those that we will bring forward for these institutions, for a setting to provide a wholly secular education. There is no requirement for them to deliver the national curriculum, for example. In response to a point made by the noble Lord, Lord Lucas, there is considerable flexibility provided around the curriculum. These standards are well-established minimum standards which already apply to many registered settings that do not consider themselves to classically be schools. The regulatory regime gives Ministers flexibility to decide on which standards apply to different types of regulated setting. We will carefully consider options on the standards that will be used to regulate settings. In doing so, I assure noble Lords that there has been considerable engagement with the Haredi community up to this point—I have met with the Yeshiva Liaison Committee and my officials have ongoing engagement with the community. My former colleague Stephen Morgan met the yeshiva community on these issues and we undertake to continue that engagement as we clarify the nature of the regulations and the extent of those that will be included within it.
It is right that full-time educational settings are registered and subject to regular inspection. This will lead to children who currently attend these settings learning in a regulated and safe setting which is subject to regular inspection. For that reason, we believe that Clause 36 should form part of the Bill and is an important improvement on the current situation, as has been recognised by several noble Lords in this debate.
There are several amendments which seek to further change the application of this regulatory framework. Both Amendments 427A and 427C seek to exempt settings which provide religious instruction. The noble Lord, Lord Lucas, via Amendment 427A, appears to wish any setting which provides any form of religious instruction in addition to education elsewhere to be exempt from the regime in the 2008 Act. The right reverend Prelate the Bishop of Oxford, in introducing Amendment 427C, seeks to exempt settings which provide only religious instruction or guidance to children of compulsory school age, provided certain other conditions are met.
I agree with the noble Baroness, Lady Morgan, and others, that in this country we are rightly tolerant of faith education. I remember the arguments that my noble friend Lady Morris had in defending that principle when we served in the previous Government in the Department for Education. We should be proud as a country of the many faith schools that operate. That principle has been supported by successive Governments, and in each of those Governments we have seen support for the development of new faith schools as well as for the protection of those that existed. I hope no noble Lords believe that this is in some way an attack on the ability to deliver a religious education, either within a school setting or as a freedom for parents as part of their right to home-educate their child. This provision is about full-time education, not about the religious approach of the institution.
Baroness Barran
“(d) an Academy, University Technical College or studio school;”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.
Baroness Barran (Con)
My Lords, I had better start with an apology to the Whips: my comments are a bit detailed, but they are quite detailed amendments—but I am still pleased to introduce them.
We on these Benches support the aims of this clause to ensure that children learn in safe and regulated settings, that illegal schools either register or are closed down, and that institutions that do not meet the independent school standards are required to do so in an effective way. However, we have two sets of concerns that I shall try to set out. First, they lie with the apparent wish of the Secretary of State to regulate academies in multiple different ways: through the funding agreement that the former Minister argued in Committee in the other place, in relation to Clause 36, was sufficient; through the new powers in Clause 49, which we have yet to debate; and now through the additional powers in Clause 37.
Secondly, our worries reflect the fact that the details of the revised standards will be set out in regulations. Effectively, independent schools are flying blind as to what these new obligations will be. Under Section 94 of the 2008 Act, the Secretary of State was authorised to make regulations prescribing standards in relation to specific matters. These regulations have always bound proprietors of academies, as they are independent schools.
Clause 36 introduces additional subsections into Section 94 of the 2008 Act, and these include a standard
“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”.
So, until we see the regulations that are proposed to be published in relation to that standard, we cannot see what the consequence of this change would be. Will the noble Baroness clarify what new obligations, if any, the proprietor of an academy would have to comply with, as distinct from “have regard to”, in new guidance given by the DfE? It would be helpful if the Government could be clear about the changes to the current burdens on the proprietors of academies. My Amendment 429A would remove these types of schools from the standard-setting powers in Clause 37.
Children’s Wellbeing and Schools Bill
Baroness Barran Excerpts(3 weeks, 1 day ago)
Lords ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Baroness Barran (Con)
Third time lucky, my Lords. I thank the Minister for her remarks and, in particular, her encouraging comments in relation to my amendment to Clause 39; I think that people will find them very reassuring. I hope that this may be a new trend, in the Government’s response, of accommodating our amendments. I will read Hansard very carefully.
To be honest, the Minister was obviously trying to be as speedy as possible. I know that the Committee appreciates that, but I did not follow fully her comments about the applicability of certain elements to the Bill to fee-paying schools only, which I know she talked about; I just need to make sure that we understand that. I also did not understand why 16-to-19 academies are still accepted institutions while wider academies, including all-through academies, are not, but I can pick up those points.
I am grateful to all noble Lords for their amendments in this group. The Minister gave some reassurance to my noble friends Lord Lexden and Lord Black of Brentwood in relation to their Amendment 433; I am grateful to the Minister on their behalf for that.
The Minister was clear that, in relation to illegal schools, the Government’s approach achieves the same as Amendments 432 and 434 in particular; that is what I have written her down as saying. However, as my noble friend Lady Spielman said, in her experience, it can be very hard to gather evidence. I remember that, in 2022, we spent a lot of time during the passage of the then schools Bill debating the merits of being able to inspect unregistered schools without a warrant. Therefore, there are points on which I hope the Minister will accept my noble friend Lord Lucas’ invitation to explore with the chief inspector.
We had a very good debate in relation to Amendments 430 and 436 in the name of my noble friend Lady Morgan of Cotes. Some valid questions were raised about the Independent Schools Inspectorate, both in terms of the value of having two inspectorates and the degree of independence of the ISI. It is crucial that all parents can have confidence in the judgments of the inspectorate for their schools, obviously, but I was pleased to hear the Minister say that the department continues to have confidence in the ISI.
With that, I beg leave to withdraw the amendment in my name.
Baroness Barran (Con)
My Lords, this group includes a number of probing amendments to understand the Government’s thinking about MAT inspection and intervention. Over 80% of our secondary schools and over 40% of our primaries have become academies in England, with almost 1,200 multi-academy trusts or MATs and roughly another 1,000 single-academy trusts or SATs—the latter largely being secondary schools.
The amendments in this group, in the name of my noble friend Lady Spielman and I, aim to address and provide tentative answers to three main issues. The first, on which your Lordships have already touched, is that a sense of unfairness has developed, with a potential misalignment between autonomy and accountability, which are the two planks that have underpinned our school reforms over the last two decades or so. Accountability remains at the school rather than the trust level, while autonomy, particularly in more centralised trusts, rests with the trust rather than the school. The amendment in the name of the noble Lord, Lord Blunkett, and my amendments aim to address that misalignment.
My Amendment 436ZZA allows for a more straight- forward path for intervention in trusts where there is sustained academic underperformance in their schools. I agree, as ever, with my noble friend Lord Nash that we need to be looking at and worrying about outcomes for children before process.
The amendment excludes schools that have been recently sponsored, so that no disincentive is created for a strong trust to take on a weak school. Similarly, it adjusts for levels of deprivation—not in any way to dilute ambition, but to make sure that the approach is fair and feels fair—comparing trusts to groups of schools in their local area rather than to a national performance table.
Finally, the power would aim to avoid creating so-called “orphan schools” or multi-academy trusts that were not of an economic or effective size for the purposes of education. I know from my time in office that there were a handful of trusts that had schools that consistently and substantially underperformed their neighbours, and the department was genuinely constrained in its ability to intervene. We had planned to intervene in a very small number, but unfortunately the election got in the way. It was certainly not in the simplest or most streamlined way that any of us would have wanted.
Traditionally, and I think understandably, the department has been hesitant to intervene in a school or a trust without independent analysis—typically via an Ofsted report—before doing so. We did find a way to intervene via a failure of governance, but this amendment would make it more coherent, albeit we believe the power would be used rarely. Our proposal in the amendment is that the department would prepare an annual report, which would allow one to understand if there have been any patterns of failure and the scale of any problems in the system. We believe that, in practice, the power would not be used often, as intervention would send a clear message to other trusts that were underperforming that this needs to be addressed quickly in the interests of children.
As my noble friend Lady Spielman said, Amendment 436ZZB builds on Amendment 435 in the name of the noble Lord, Lord Blunkett, but brings a very specific focus to MAT inspection. The noble Baroness, Lady Morris, questioned the merit of putting details in the Bill and the prioritisation that was set out. I will say just a couple of things about that. It is important that we try to be clear about how MAT inspection and school inspection fit together. We do not want MAT inspection to duplicate or confuse school inspection. We tried to make it clear in this amendment what inspection could look at. It is, if you like, a starter for 10. Obviously, this requires a great deal of thought, but the amendment is trying to look at the effectiveness and value for money of MATs. It is not trying to say that one model is better than another.
On prioritisation, the noble Baroness talked about too much focus on schools that were significantly underperforming, but she will note that at proposed subsection (3)(a)—there is a typo in the Marshalled List; that is what I spend my time doing in the evenings, obviously, spotting typos. What should be proposed new subsection (3)(a) states that inspections must prioritise MATs
“which are seeking to enter into new partnerships with schools”.
That is a rather unclear way of saying MATs that want to grow. If you want to take on a new school, we need to be confident in your ability to manage that well. Then there are schools that are significantly under- performing and MATs which are not providing value for money.
I am sure that that wording could be improved on, and it feels like we have a great cross-party working group, if the Minister wants volunteers, to try to narrow this down. I know that officials have been thinking about this for some time, possibly since my noble friend Lord Agnew tried to introduce it almost 10 years ago. I think we have a bit of a starter in the definitions of what we are looking for in the work that we did on the strong trust framework, which sets out very clear expectations in relation to all aspects of running a good trust.
I look forward very much to the Minister’s reply. I hope she is as struck as I am by the tone of this debate, which feels slightly different from some that we have had. I agree with the call to action of the noble Lord, Lord Blunkett: “Just do it now.” I know we are not allowed props in the Chamber, but I have Nick Gibb’s book beside me, because I thought he ought to be here in spirit, if not actually present. That book shows “Do it now, but keep doing it, do it well, stick at it and don’t let go”. I leave the Minister to comment on that.
The Minister of State, Department for Education (Baroness Smith of Malvern) (Lab)
You always know that you are in for a good debate when you have a group in which four former Secretaries of State for Education contribute—in agreement with each other—accompanied by a positive bevy of Academies and Schools Ministers and a former chief inspector.
I thought that my noble friend Lord Blunkett’s setting in context of the history of how we got to this point was both enormously interesting and informative in identifying how we have arrived at this cross-party consensus about the need to bring multi-academy trusts into the inspection system. That is why the Government set out in our manifesto that that was our intention, believing, as others have argued, that it will make the system fairer and more transparent and enable direct intervention to address failure when necessary.
On Amendment 435, tabled by my noble friend Lord Blunkett, Amendment 436ZZB, tabled by the noble Baroness, Lady Spielman, which seeks to introduce Ofsted inspections for multi-academy trusts, and Amendment 436ZZA, tabled by the noble Baroness, Lady Barran, which seeks to bring in a related regime of intervention for multi-academy trusts, I am grateful to the noble Lords for tabling those amendments, as this is an important matter and, as we have heard in this debate, one on which there is a large amount of consensus. I am pleased to see that there is support on both sides of the Committee for bringing multi-academy trusts into scope for inspections.
As I say, we are committed to bringing forward legislation during this Parliament to introduce the inspection of multi-academy trusts and intervention where there is failure. The inspection regime should also highlight excellence and support the spreading of good practice between trusts. Taken together, those will help to raise standards in education and support all children to achieve and thrive.
I suppose my regret today is that I am playing the role of the force of conservatism in the face of the urging by noble Lords from across the Committee to just get on with it. But I will take noble Lords through the process, which is important here. The Government believe it is important that we bring multi-academy trusts into the inspection system but also that we do it well. We want to work with the sector to get the detail right in the interests of pupils and the workforce.
There are a number of complex issues that we are working through, some of which have been raised in the debate, particularly by the noble Baroness, Lady Barran, to ensure that we bring forward a system that delivers for pupils and the workforce. For example, the inspection of multi-academy trusts must be delivered in a way, as several noble Lords have talked about, that works in harmony with school inspection—which is itself currently in the process of being reformed—in a way that avoids an excess burden on the school workforce and, as my noble friend Lord Knight helpfully identified, in a way that is effective but proportionate.
As I have said, we are already engaging with the sector. I hope it will encourage noble Lords that we were also pleased that Ofsted secured funds from 2026 in the spending review to build on this with further research and piloting. Ofsted’s work will continue in parallel with the Government bringing forward legislation so that we meet the manifesto commitment to bring multi-academy trusts into the inspection system during this Parliament.
I recognise that this will not be quick enough for noble Lords around the Chamber. I hope, however, that when the noble Lords on that side of the House had the responsibility of actually delivering policy, frustrated though I am sure they were on various occasions, they also understood the importance of getting it right. There is no difference of objective here between the Government and those urging speed; there is just a responsibility on the Government to ensure that this is done properly, and I hope noble Lords will recognise that.
Baroness Barran (Con)
I hope it is not breaking confidences to say that the department had done a lot of thinking about this 18 months ago, so we are not starting from a standing start. If the Minister has not seen that thinking, I am sure it is sitting on a DfE shelf somewhere and could be rekindled.
Baroness Smith of Malvern (Lab)
I am sure that this will be part of what officials have been using, but I reiterate the point that there have been other, considerable changes to the Ofsted regime, many of which were announced this week. We must ensure that the work goes alongside that. We will very soon have a new White Paper on schools. That will lead to legislation that I am certain will help us to make progress on this important development, on which clearly there is consensus across the House.
Lord Storey (LD)
My Lords, the noble Lord, Lord Agnew, is right: there is a crisis in the supply of teachers, not just the numbers but also, as he said, in specialism. There is also the great worry that we are seeing the lowest number of people wanting to go into teaching and the highest number of teachers leaving early. But his solution is not my solution.
I have said in this House on many occasions that the most important thing in a child’s life is the quality of their teacher. We do not, as a society, value teachers. Having a qualification does not make you a good teacher. We can remember that, in the 30s, 40s and maybe even the 50s, someone with a university degree would come out of university and think they could teach. You cannot always. Occasionally, they could do it. Those who could not do it at secondary modern schools quickly tried to transfer to grammar schools, where they thought it might be easier. As the noble Lord, Lord Hampton, rightly said, if you have in the playground or on the sports field some challenging pupils haring around and you do not have an understanding of child development or behaviour management, you cannot cope. You would not, for example, expect someone who has a law degree to suddenly step into a court; you just would not have it. We have to work out how on earth we can ensure that people want to become teachers.
It is not just about training to become a teacher; we have to support them when they are in teaching. It is not just about salary, although that helps. It is about continuous professional development. It is about the campaigns about workload that many of us have constantly gone on about. I think that is a simple thing to solve. Teachers have said to me any number of times, “If I could just get on with the job of teaching without having to do all these other tasks”.
That does not stop visitors coming into school. It does not stop experts who have a particular knowledge being linked to a school and coming in from time to time to talk to the children. By the way, high-level teaching assistants can teach in schools. Teaching assistants at level 2 can teach, as long as they are supervised by the teacher. Maybe we should be encouraging teaching assistants to go on to become qualified teachers. We cannot have in our schools a situation where qualified teachers are undervalued and where we increasingly think the answer is to bring in unqualified so-called experts.
Turning to my amendment on bullying, I am a bit surprised that it is in this group—I think that the issue is covered in one of the later groups as well. It is worrying that currently 35% of 10 to 15 year-olds have experienced bullying of some sort. In 2023, 1.5 million children suffered bullying. Bullying happens in all sorts of ways. It can be physical, it can be emotional, it can be verbal and it can be cyberbullying. We seem to think that the important thing is to sort out mobile phones, which will stop bullying and make pupils more attentive to learning. I have a great deal of sympathy with that, as we probably all do, and mobile phones can increasingly be used for bullying pupils as well.
When a pupil is bullied, a number of things happen. It is not just physical, where there might be bruising or whatever; it is also emotional, of course. It leads to increasing absence from school. Children are frightened to go to school, because the bully might be there, so that affects their school attendance and we have talked at length about how important school attendance is. It will affect their grades when they come to do their exams. They will not be handing in homework, and so it goes on. We have to ensure that we take the whole issue of bullying seriously, which I know the Government do, and the amendment spells out some of the things that we need to do. I hope, when we come back to this at a later stage, to be able to look at it in more detail.
Baroness Barran (Con)
My Lords, this group has elicited another excellent debate and, like other noble Lords, on these Benches we remain unclear what problem the Government are trying to solve. The Government’s own data shows that the percentage of teachers without a formal teaching qualification has been pretty stable in both primary and secondary schools for the past 10 years. It sits at about 1% in primary and between 1.5% and 2% in secondary, which is about 6,000 teachers out of a workforce of over 450,000. We are talking about tiny numbers, largely in specialist subjects, which has not changed over a very long time. I could not find—and I did look—any evidence that suggests that teachers without a formal teaching qualification provide lower-quality education.
That is not to disagree in any way with any noble Lord who has spoken already. We know that the quality of the teacher at the front of the classroom is the single biggest and most important influence on the education that a child receives. The Government have argued that one would not want to be seen by an unqualified lawyer or dentist. As other noble Lords have said, any of us, if asked, “Would you like your child to be taught by a qualified or unqualified teacher?”, would say, “A qualified teacher”. But as the noble Baroness, Lady Wolf, said, if asked, “Would you like to be taught by someone with a physics degree and 10 years in the industry, or someone with a degree in English and QTS?”, I think, to be fair, the answers might be different. Amendments 437 and 437A in the names of my noble friends Lord Holmes of Richmond and Lord Agnew of Oulton have my support, because they just apply common sense, focusing on the combination of specific subject expertise at degree level, in the case of my noble friend Lord Agnew’s amendment, and demonstrable competence in teaching.
Now, having listened to the debate, I am beginning to wonder whether, given the tiny number of unqualified teachers in the system, this whole clause is not a bit of a red herring. We have a number of routes: there is the assessment-only route to get QTS, where a school or initial teacher training—SCITT—is able to award qualified teacher status to someone who has GCSEs in English and maths and a degree, and who demonstrates suitability; they obviously read my noble friend Lord Agnew’s amendment. If we have an assessment-only route, we have higher-level teaching assistants, which the noble Lord, Lord Storey, referred to, and we have teachers from FE colleges with QTLS, rather than QTS, who can currently teach in secondary schools—if all those routes are followed, maybe we can close what I argue is an inconsequential gap in a way that will allow the Government to say that everyone now has QTS, but it does not really change anything on the ground.
The noble Lord, Lord Blunkett, who is not in his place, talked earlier about what the public care about. I think they care about Governments focusing on real issues rather than this, which feels like a slightly confected problem.
My amendments in this group follow a familiar pattern. By calling for the clause not to stand part of the Bill, I am offering the Government the logical, simple course of action. There just is no need for this clause, unless the Minister can give us evidence of the harm being done or the lower outcomes for children from teachers without QTS.
The other amendments seek to limit the damage done to schools from the clause as drafted, particularly the schools that we all care about, which the noble Baroness, Lady Bousted, and my noble friend Lord Agnew talked about: schools in the most disadvantaged communities. My Amendment 436C would exempt shortage subjects from the constraints of the clause, and my Amendment 436B would give schools five years rather than one, in which time a teacher would have to achieve a teaching qualification. That is particularly important—I hope the Minister will comment on this—for special schools, where the percentage of teachers without a teaching qualification is often higher.
I have added my name to Amendment 436A in the name of the noble Baroness, Lady Wolf, which limits this measure to core subjects in the national curriculum. The noble Baroness spoke with enormous experience and insight into the potential impacts of the measure, particularly in relation to technical and vocational qualifications.
The noble Lord, Lord Storey, gave the Government the answer to at least a start on reducing bullying in schools by introducing a smartphone ban, which I am hoping the Minister’s new ministerial colleague will persuade her of, because apparently in another life he thought it was a good idea.
The issue that the clause raises is a point of principle, again, about autonomy and accountability. Like all the others, it is easy to say that the clause on its own will not be too harmful; that may or may not be true, but, overall, the Bill is fundamentally centralising and will undo the ingredients that have improved English education so much over the past 14 years. We on these Benches deeply oppose the principle of clawing back the discretion that we have given to school and trust leaders. We remain baffled why the Government want to undo what has worked well and do not focus instead on areas that deserve their attention. We would rather see the expansion of freedoms to maintained schools than their withdrawal from academies.
Baroness Smith of Malvern (Lab)
My Lords, teaching is a profession and we are unapologetic about having a high bar for training and qualification. It is what parents, head teachers and the Government should rightly expect, which is why the Government committed to this measure in our manifesto. It will ensure that new teachers have the essential training and induction that they need to help children achieve.
Baroness Boycott (CB)
My Lords, I will speak to Amendment 502X, to which I have added my name and which was tabled by the noble Baroness, Lady Bennett. This is what the noble Baroness, Lady Fox, just described as a hobby-horse. I suspect that, into that description, she would put the amendment tabled by the noble Baroness, Lady Sater, with which I could not agree more. What is education for if not to equip our children to deal with the world in the best possible way? Money certainly should be part of it.
My short amendment addresses food. Currently, 25% of five year-old kids are going into primary school overweight or obese, and the figure is between 40% and 45% for those coming out of primary school. We all have to eat and we all have to deal with the food system. A previous Government said many years ago that part of the education system would include children learning to cook five savoury dishes by the time they are 15. That barely happens in schools because they do not have kitchens and there is no requirement on them to do it, and therefore it falls by the wayside.
For 10 years, I ran the London Food Board. We set up a project called Capital Growth, which was linked to the Olympics. In that time, we created 2,500 community gardens in London, of which about 500 were in schools. They were in super weird places in schools—one was in a shopping trolley round the back of the sports hut. Nevertheless, people were growing potatoes, and the kids were amazed by it, because in one bang they got a sense of nature, wonder and growing, as well as a sense of patience, effort and doing something together. I went to one particularly inspirational school, where they had 43 basic first languages, and the headmaster explained how he used beans to teach people to do maths. He had nine beans, for example, and he said, “Make three rows”, and the children would say, “That’s three times three”. A whole range of things was possible in being able to swap cultures.
This could be described as a hobby-horse, in that I believe that this is very healthy and good for children, and we do not want our children being unwell—and yet that is what is happening. We are bringing up a generation of kids who are overweight; they do not do enough exercise, but, ultimately, they are eating terrible food. You can blame parents as much as you like, but at the moment parents are poor and healthier food is more expensive. Therefore, the school, I am afraid, has to be one of the places where children are taught about and encouraged to try different foods, to learn how to cook and to understand that the fuel they put in their bodies, just like the fuel you put in a car, is extremely important to their health outcomes. If they have lousy health outcomes, they will not get great jobs, they will not have a great life, they will have sick days and they will not be useful to this country or to themselves.
This is a fundamental element of life that needs to be incorporated into school curriculums, and not just as a hobby-horse. Obviously, the subject will differ, because it depends quite a bit on the passion of the teachers. However, most schools that I know that have done this have said that it has paid off massively. I would like to see whether the Minister can find some way to incorporate this kind of teaching into the schools of the future.
Baroness Barran (Con)
My Lords, I shall speak to the amendments in my name in this group and make the case that Clause 47 should not stand part of the Bill.
There are three main reasons for our objection to Clause 47. The first is the wider point, which we have discussed in our debates on other groups, about the value of autonomy at a school or trust level combined with clear accountability. This clause removes the autonomy that academies have had over the curriculum while disregarding the safeguards that exist via both the public exam system and the 2019 Ofsted inspection framework. Without this autonomy, we risk stifling the innovation and creativity that we have seen in recent years, where leading trusts have developed high-quality curricula and shared them freely with other schools. My noble friend Lady Evans of Bowes Park gave some fantastic examples, including among some of our wonderful free schools.
I am not suggesting that the Government want to see the stifling of creativity—I am sure that they want quite the reverse—but they need to explain how things will work in practice if this clause is to become law. I thank my noble friend Lord Sewell for his powerful intervention and for the extraordinary impact that he and others had on schools in Hackney; that is still being ably implemented by the noble Lord, Lord Hampton.
Secondly, the Secretary of State has tremendous powers over the curriculum, as we heard from the noble Lord, Lord Carter of Haslemere. A future Secretary of State could use those powers to be much more prescriptive in terms of not just what needs to be in the main elements of the national curriculum—English, maths and science, in particular—but how those elements are taught, which the previously Government intentionally avoided doing. Indeed, we wanted to give all schools space outside the core subjects of the national curriculum so that they could exercise their discretion. I assure the noble Baroness, Lady Boycott, that I have definitely visited schools that are busy doing beekeeping and other things of which, I am sure, she would approve. So the Secretary of State has the power to expand the national curriculum.
Thirdly, as for much of this Bill, as other noble Lords have said, we just do not see that there is a problem that needs solving in this way. My noble friend Lady Spielman was clear in her time as Ofsted’s chief inspector that some academies narrowed the curriculum too much. This was addressed by the inspectorate under the previous framework, so the system already has the checks and balances that it needs to make sure that schools cannot game the system. The picture that the noble Lord, Lord Storey, painted—that of academies teaching whatever they wanted—is not an accurate one, given that, as I said earlier, they enter public exams and are all inspected by Ofsted.
I respectfully suggest to the Minister that this clause is not needed and risks doing more harm than good. As we will debate in a later group, we would much rather recognise the strengths of maintained schools and give their leaders greater flexibility. Further, a number of schools simply do not have the facilities needed to deliver certain parts of the curriculum, such as design and technology. Can the Minister confirm that, if this clause becomes law, the department will fund the necessary investment to address these gaps?
I was very pleased to add my name to Amendment 443 in the name of the noble Lord, Lord Carter of Haslemere. He expertly set out the problems with the Henry VIII powers in this Bill. I know that time is short, so perhaps the Minister could write to the noble Lord—indeed, to all of your Lordships—setting out exactly the Government’s understanding of what these Henry VIII powers cover and how they could be used, not by the current Secretary of State but by a future Secretary of State, because I think that we need our legislation to protect us against all flavours of Secretary of State and government.
I am concerned that Amendment 506D in the name of the noble Baroness, Lady Fox of Buckley, does not reflect the reality that the Secretary of State can make all of these changes to the curriculum via regulation and can amend primary legislation.
The amendments in the names of my noble friend Lord Agnew of Oulton and the noble Lord, Lord Hampton, would try to carve out exemptions for high-performing schools. I absolutely support the spirit of them.
This debate comes at a time when, as the noble Baroness, Lady Fox, said, we are awaiting the recommendations of the curriculum and assessment review. As can be seen from many of the amendments in this group, there is pressure to introduce more and more subjects into the curriculum. Apparently, in 2018, the organisation Parents and Teachers for Excellence counted 213 topics that were recommended in that year for inclusion in the curriculum. The question remains: if the curriculum is expanded, what has to come out?
Ministers in both Houses have sought to assure us that we do not need to worry about these changes, but the Minister will understand that the curriculum reforms led by the previous Government, which have contributed so significantly to our improvement in the global rankings in reading, maths and science, were hard won and hard fought. So, in addition to our principled objection to removing autonomy from school leaders rather than extending it to maintained schools, there is a deep-seated worry that the siren calls for a more progressive approach to the curriculum might gain traction despite the best efforts of the review team, which is ably led by Professor Becky Francis, for whom I have great respect.
I close not with the words of Ernest Bevin but by quoting, as other noble Lords have done in our debate on this group, from a blog written by Mark McCourt, the chair of the Advantage Schools Trust. He speaks for many of us in terms of why we all feel so anxious that the Government get this curriculum review right. He writes:
“To offer a demanding, powerful curriculum to every child is not elitist. It is egalitarian. It says to the child: you are worthy of this knowledge. You are capable of wrestling with complexity. You deserve access to the accumulated wisdom and accomplishments of those who came before you. This is your birthright and it is now yours to own and protect … We are not gatekeepers. We are door openers. And if we do not open those doors, especially for the children least likely to find them on their own, then we are complicit in keeping them shut”.
Baroness Smith of Malvern (Lab)
My Lords, an up-to-date, knowledge-rich curriculum is key to ensuring high and rising standards in schools, setting a clear minimum expectation of breadth for pupils. Parents have the right to expect that their child, regardless of their background, can access a consistent, high-quality core education that builds the knowledge and skills they need to thrive without the worry that some subjects may be dropped for ease.
The independent curriculum and assessment review is evaluating the existing national curriculum and statutory assessment system. Its final report will help us develop a rich, cutting-edge curriculum that secures a strong foundation in reading, writing and maths while providing breadth to give children a culturally rich education that prepares them for life, work and the future.
We want all children to benefit from that, which is why Clause 47 will require academies, which now teach more than half of all pupils, to teach that reformed curriculum alongside maintained schools. The point about the prevalence of academies is important for not just this debate but the debates that we will have on the coming groups. In this legislation, we are talking about the basic and appropriate requirements for a vast and growing majority of our schools. I have to say, a national curriculum that applies to a dwindling minority of schools is not a national curriculum.
This requirement provides a floor, but no ceiling. It will not force schools to teach in a certain way or prevent them innovating. Teachers will continue to have the flexibility to adapt to best meet the needs of their pupils.
Children’s Wellbeing and Schools Bill
Baroness Barran Excerpts(3 weeks, 1 day ago)
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Baroness Barran
“(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.”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.
Baroness Barran (Con)
My Lords, we return. I rise to speak to the amendments to Clause 49, including my intention that Clause 49 should not stand part of the Bill. It is of course reasonable for the Secretary of State to direct academies to comply with their legal duties, but this clause goes much further than that; indeed, it cuts across the academy funding agreements that have served the sector well to date.
Once again, in a familiar pattern, we start with the question of why this clause is needed. Where is the evidence of non-performance of relevant duties on the part of academies or of unreasonable behaviour in relation to either their duties or their powers? Once again, it brings academies into line with local authority-maintained schools, despite the fact that there are already significant powers within both the funding agreements and the academy trust handbook to address any breaches. Once again, we find the Secretary of State at risk of micromanaging, rather than delegating responsibility to the trusts that run over half our schools. Once again, we have to ask ourselves: even if it is not the intention of this Secretary of State to interfere in minor matters in our schools, how might a future Secretary of State use these powers?
Finally, we realised when reading the policy notes that the penalty for non-compliance is, first, a notice to improve and then a termination warning notice—the identical powers that exist today—or, in the words of the then Minister for School Standards arguing in favour of this clause in committee in the other place,
“using a sledgehammer to crack a nut”.—[Official Report, Commons, Children’s Wellbeing and Schools Bill Committee, 4/2/25; col. 383.]
But we end up with the same sledgehammer to crack what looks like quite a small nut.
You could argue that this clause at best creates another layer of bureaucracy and at worst is a micromanager’s charter. A close reading of the policy notes just leaves one asking “Why?” yet again. Not only is the Secretary of State taking powers to require a trust that is at risk of not complying with the new policy on the number of branded items of uniform to do so, but it also allows her to state how that should happen. Perhaps the Secretary of State will decide that the trust should remove a branded book bag, or maybe a tie, but I find it hard to see how this can be a good use of anyone’s time, let alone the Secretary of State’s. So I have a series of amendments that seek to bring back common sense to the Secretary of State’s interventions in these minor breaches, clarity of responsibility, and a reminder that the Secretary of State has considerable powers in the funding agreement, if needed.
My Amendment 444A on page 113 of the Bill aims to bring some proportionality to the power. It makes it clear that the proprietor must remedy any breach identified under subsections (1) or (2) within a reasonable period. In judging what is meant by a reasonable period, it refers to the nature and seriousness of the breach, the impact or likely impact on pupils’ education or welfare, the complexity of the remedial action required and any other relevant circumstances. My new subsection (2B) makes it clear that the Secretary of State can specify the time period within which a breach or unreasonable behaviour must be addressed, but not the method of doing so. Without this clarification, there is a real potential for the power to be used, ironically, in an unreasonable way.
My Amendment 444B removes the ability of the Secretary of State to intervene in the case of a likely breach. It is close to farcical to think of the time, resource and legal advice that would be taken to prepare the letter to a trust with an offending book bag or tie. The writers of “The Thick of It” might use this for a future episode.
Amendment 444C makes it clear that the powers within the funding agreement should be used to address breaches. Amendment 4445—sorry, we have not got into the thousands yet, although we might by the end of this Bill. Amendment 445 again ensures that any directions from the Secretary of State are limited to statutory duties, funding agreements or charity law where there is a breach or unreasonable behaviour in relation to a relevant duty.
My Amendment 445ZA has the same effect in relation to a situation where the proprietor has acted or is proposing to act unreasonably in relation to the performance of a relevant power. I apologise that the explanatory statement on that amendment was inaccurate and referred to a duty rather than a power.
Amendments 445ZC and 445ZD again seek to limit the power of the Secretary of State to a notice rather than a direction, so that the decision about how to address a breach rests with the proprietor. Surely this is a more practical approach than the one set out in the Bill, and clearly the issue needs to be rectified to the Secretary of State’s satisfaction.
We also believe it is important to have visibility on the way these new powers are used, so our Amendment 445ZB requires the Secretary of State to make a statement to Parliament when the powers are used, explaining the issues arising and the actions taken. I appreciate that currently a notice to improve and termination warning notices are published by the department, but they are really only visible to those of us who read the daily emails from the DfE closely.
It will not surprise the noble Baroness to hear me say that on these Benches we think that Clause 49 should not stand part of the Bill. It is not needed, it is disproportionate and it is drafted in a way that does not align to the purpose set out in the policy notes. My amendments offer the Government some ways to improve that alignment but, honestly, I think it is best removed altogether.
At a time when the Prime Minister is rightly talking about the focus on delivery, surely clauses such as this, which absorb precious ministerial and official time for little impact, should be dropped so the department can focus on much more pressing issues, such as special education needs and disabilities. I hope the Minister will think again and I beg to move the amendment standing in my name in this group.
Baroness Evans of Bowes Park (Con)
My Lords, I add my support to amendments 444A to C, 445 and 445ZA to ZD, in the name of my noble friend Lady Barran, which seek to rein in the sweeping new powers currently set out in Clause 49 for the Secretary of State to intervene in academy operations. As my noble friend said, of course the Secretary of State should have the ability to ensure that academies comply with their statutory duties, but the powers currently included in Clause 49 are so broad that they will undermine trust in school leaders, significantly reduce academy autonomy and create a top-down bureaucracy with potentially over-restrictive government insight.
The clause as currently drafted, for instance, allows for the Secretary of State to give directions they consider appropriate to academies if they are deemed to have acted unreasonably or to be proposing to act unreasonably. To my mind, the effect appears to be that a trust could be punished for actions it has not yet taken, with a central direction initiated simply on the basis of speculation from a Secretary of State. I may have misunderstood but, if this is the case, it surely cannot be right.
In this context, the use of the word “unreasonably” is a further cause for concern. It is a vague and subjective standard, left undefined in Clause 49 as it stands, and it seems to open the door to overreach and potential political interference in individual schools and trusts from Whitehall. Without clear guardrails, it would enable Ministers to meddle in decisions that surely must properly belong to academy trustees and head teachers.
As my noble friend has just said in her opening remarks, the drafting of the clause runs the risk of creating a micromanager’s charter. And the problem does not end there. The powers granted under Clause 49 are not only overly broad; they are also unchecked and have no independent review or appeal mechanisms built in—something which Amendment 445A, tabled by the noble Lord, Lord Knight, would specifically address.
The group of amendments tabled by my noble friend, along with the amendment in the name of he noble Lord, Lord Knight, would bring some much-needed balance into Clause 49 by restoring proportionality and fairness into the process while maintaining the Secretary of State’s powers to ensure that trusts do not breach their statutory duties, funding agreements or charity law. I hope the Minister will think again about the breadth of powers that the Government are proposing.
The Minister of State, Department for Education (Baroness Smith of Malvern) (Lab)
My Lords, I turn to the amendments in this group tabled by the noble Baroness, Lady Barran. Before I get into the detail of the clause and the amendments, I say to her that we believe that she may have been reading from an old version of the policy notes, because they were updated when they came to the House of Lords, and the policy notes are therefore correct in relation to the items that she was talking about. If she wants to check whether that is the case and drop me a line, I would be more than happy to follow that up if it is not the case.
This group covers the clause relating to ensuring effective oversight and accountability of academy trusts. Clause 49 introduces a power for the Secretary of State to issue a direction to an academy trust where it is failing to comply with its legal duties or acting unreasonably when exercising these powers. Currently, when a trust is in breach of a legal duty, the Secretary of State can only issue a termination warning notice, which may be disproportionate for significant but isolated breaches. This measure will allow the Secretary of State to direct academy trusts to ensure that they meet their legal responsibilities and to address instances of unreasonable conduct where necessary.
It offers a clear and proportionate route to ensure compliance. If a trust does not respond to a direction, the Secretary of State may apply to the courts to ensure the matter is resolved, reflecting similar powers already in place for maintained schools. This will be used, where appropriate, to help implement key provisions in the Bill, such as those relating to curriculum, admissions and uniform, if necessary.
Most academy trusts perform well and meet their legal obligations. However, where they fall short, the Government must be able to act in a targeted and proportionate way. Clause 49 allows for early engagement, proportionate intervention and enforcement through the courts only when necessary.
Amendment 445ZB, tabled by the noble Baroness, Lady Barran, proposes a statutory requirement for an annual statement to Parliament on the use of this power. The Government are of course fully in favour of transparency but already publish directions and other notices on GOV.UK in a timely and detailed manner. I put on record the Government’s commitment to maintaining this approach to transparency. An annual report would duplicate this process and add no further value, while adding an unnecessary administrative burden.
Amendments 444A, 445ZC and 445ZD, all in the name of the noble Baroness, propose replacing the Secretary of State’s direction-making power with a notice procedure. These amendments replace the Government’s clear and authoritative direction-making power with a more convoluted system of self-policing duties and a notice procedure. In practice, it risks delaying intervention.
Effective oversight cannot rely on academy trusts policing themselves. The Secretary of State must retain the ability to act swiftly and decisively when serious concerns arise, particularly where trusts fail to meet their legal obligations or act unreasonably when exercising those duties. The notice procedure is very similar to the power as drafted, except it does not include the ability to issue a direction in cases of unreasonable exercise of a power. Therefore, the clause as drafted is more effective than the proposed notice procedure. When the Secretary of State writes to a trust before she decides to issue a direction, it will outline the breach, the rationale for intervention and the suggested actions to remedy the breach, and will seek representations.
Finally in this group, Amendments 445, 444B, 444C and 445ZA tabled by noble Baroness, Lady Barran, seek to limit the scope of Clause 49. These amendments propose to restrict the Secretary of State’s ability to issue directions to cases where a specific legal duty has been breached. In doing so, they would remove the ability to intervene where a trust acts, or proposes to act, unreasonably in the exercise of its powers, even if no explicit duty has been contravened. This would narrow the intended reach of the clause.
The Government’s intention is to ensure that a proportionate intervention is possible not only when there is a clear breach of duty but also when a trust’s conduct in the use of its powers is manifestly unreasonable. However, I have heard concerns raised by noble Lords about this clause—particularly the concerns that these amendments seek to address with regard to the broad scope of the clause. I am considering potential solutions that would preserve our ability to intervene effectively while respecting the autonomy of trusts, and I look forward to bringing a solution back on Report that addresses these concerns.
On that basis, I hope the noble Baroness will feel able to withdraw her amendment.
Baroness Barran (Con)
My Lords, we have had two rays of sunshine in one day; we should celebrate, at this late hour. We now know how to wear the Minister down. We will be starting at 9 am next week. In all seriousness, as the Minister can hear, I am extremely grateful; it is not just tiredness. There are some issues with this clause, so I will not belabour those but will just welcome very much her closing remarks.
I thank my noble friends Lady Evans, Lady Spielman and Lord Leigh for their contributions. I offer, as my noble friend Lord Leigh did, my thanks to the Leigh Academies Trust for taking on part of what was a very troubled school on the Isle of Sheppey, which is a particularly challenging community. We wish the trust and the pupils every success.
Baroness Barran
“(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.””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.
Baroness Barran (Con)
My Lords, I am optimistic for a hat trick from the Minister. Clause 50 is one of the clauses that leave me most worried about the Bill because it risks directly damaging the education that children receive. Again, that is obviously not what Ministers intend, but it appears to ignore the impact on the school performance of sponsored academies—to be clear, not every single sponsored academy, but I know that the Minister will agree that, overall, the evidence shows a really important impact on the lives of children in those schools.
To be clear, I do not think that anyone on my Benches thinks that autonomy is a magic bullet to solve the problems of any school, whether or not it is failing. The key is how that autonomy is used. Some MATs have used their autonomy to focus on developing really great and deep expertise in turning around struggling schools, supporting staff and transforming outcomes for pupils. Others have focused on developing great curricula. There are lots of other examples; of course, there are also examples of professional generosity in the maintained sector, too.
There are now 2,796 sponsored academies in England —more than 23% of our secondary schools. As we have heard from a number of noble Lords, including my noble friend Lord Sewell earlier, trusts have led to extraordinary turnarounds in some of the most difficult schools in our country; I pay tribute to everyone involved in that critical work. However, Clause 50 changes that. No longer will a failing maintained school automatically join a strong MAT. In her Written Ministerial Statement, published yesterday, the Secretary of State wrote:
“Subject to the passage of the Children’s Wellbeing and Schools Bill, structural intervention through issuing of academy orders will continue to be the default approach for schools in special measures, because no child should be left in a school that does not have the capacity to improve”.—[Official Report, Commons, 9/9/25; col. 29WS.]
I am genuinely confused by that because I do not feel that that is what the Bill says, as it removes the section in the Academies Act 2010 that facilitated this intervention. I hope that the Minister can explain that and reassure me.
The Government have argued that we should intervene earlier in schools that are struggling. Nobody would disagree with that; we were already doing that in the department when I was in office. Of course, if that works, it is the best outcome for children.
The other argument that the Government have put forward is that directive academy orders are too slow. I think that, if the Minister has time to dig into the detail, she will agree with me that the ones that are slow are really complicated. They may need significant financial help, which the department is struggling to find down the back of any education-shaped sofa; that might be in relation to capital or to revenue. There may be very complex governance issues, or—as in one case that I can remember, which was very slow—there may be crippling PFI contracts in place.
However, even that does not stop immediate help being put in. The Minister will be familiar with a number of cases where that has happened, often with trusts taking significant risk and commitment of resources without any guarantee that they will end up being the sponsor for the school. They do it because it is the right thing to do.
My Amendment 445B aims to address the Government’s concern about delays while still keeping the urgency that is necessary to address the weaknesses in a particular school. It says that, if
“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”.
This would bring about the clarity and transparency that will be crucial in retaining the confidence of parents, pupils and staff. I think that that aligns with the Secretary of State’s Statement yesterday but, if it does not, I hope that the Minister can explain where the gap is.
My Amendment 446A aims to address a problem that is likely to emerge as a result of the Government’s approach—namely, an increase in the number of judicial reviews of academy orders. Schools will want to understand why they are not being given more support or more time to turn around. However valid any individual case might be, the outcome will be a slowing down and reduction in the use of academy orders, leaving pupils in failing schools for longer.
My Amendment 446B aims to reintroduce the automatic academisation of maintained schools that have received from Ofsted a significant improvement judgment, or whatever the latest language is—however the department and the chief inspector judge that to be framed—and where the RISE teams believe that a school is “significantly underperforming”.
The Bill fails to address another problem: the schools that, under the previous Ofsted framework, were repeatedly graded as requiring improvement, some as many as seven times or more. None of us in this Committee would want our child to attend or work in a school that is so stuck in a rut of underperformance. I know that the decision to intervene in the so-called 2RI+ schools—to use the secret language of school intervention—was not universally welcomed, including by my noble friend Lady Spielman, and she and I debated this many times in her previous role. The aim was to send a strong signal about the priority we put on addressing underperformance in a timely and effective way. Sadly, the Secretary of State reversed this approach very early on in her tenure.
I ask the Minister to reconsider whether this clause should stand part of the Bill, particularly given the Secretary of State’s comments yesterday. Where is the evidence that the department’s proposed approach will be more effective? Children in failing schools need urgent action, as the Secretary of State herself has said. Sometimes the leadership of that school does not want to become part of a trust, but, ultimately, we need to be clear that the interest of the pupils must always come first. I beg to move the amendment in my name.
Baroness Bennett of Manor Castle (GP)
My Lords, I will speak to Amendments 447 and 447ZB, which appear in my name. I must begin by apologising to the Committee and the Minister for failing to introduce my amendments in the group before the break. I thank the noble Baroness, Lady Boycott, for picking up the slack. My only explanation is that it has been a long 24 hours.
This Bill, as currently drafted, sits in an awkward position. On the long-term disastrous policy of academisation—too often forced academisation and rarely resisted successfully by local and school communities —the Bill makes half a U-turn. It ends the presumption that all new schools must be an academy and removes the duty to force schools into multi-academy trusts. As the National Education Union has said, this a welcome shift in policy. But this is not a full U-turn but a half U-turn. It leaves far too many schools stuck, pointed awkwardly at 90 degrees across the flow of history, like a vehicle on a traffic island with fast-moving lorries approaching from both directions.
The Bill does not provide the option for schools and their communities that are unhappy in their current situation to leave multi-academy trusts and join the local authority system or other groups that are better suited to their needs. Making that provision would provide the chance of escape and allow schools to get out of the iron grip of dangerous and failed ideology into the empowered position of local choice and decision-making—the kind of devolution that the Government say they are in favour of.
This is an area of policy that the Green Party, as on so many others, has been leading ever since it resisted from the start the disastrous push to free schools and academies that has fragmented our systems and seen enormous sums flowing into fat cat executive pay—something we may come to in the next group—and big supply profits hoovered up by multinational companies on the contractor bandwagon. These two amendments take two possible approaches to dealing with this and starting to untangle the mess.
Currently, schools in multi-academy trusts lack separate legal entities. Leaving it to the MAT board to decide which powers, if any, it chooses to delegate to each academy is a profoundly unequal relationship. Amendment 447 does not seek to directly prescribe how to get out of this undeniably complex situation; rather, it would create a new clause in the Bill directing the Secretary of State to set out, within 12 months of the Act passing, a report with proposals for converting academy chains, individual academies and free schools into maintained schools under local authority control.
Baroness Smith of Malvern (Lab)
My Lords, I turn now to the amendments in group 10, tabled by the noble Baronesses, Lady Barran and Lady Bennett, and my noble friend Lord Blunkett. Although my noble friend is not here, I will respond to that amendment, given that it was addressed by the noble Baroness, Lady Spielman.
We have heard much today about the positive impact that high-quality trusts have made on the educational outcomes of children. This Government acknowledge these achievements—in fact, I have done so on every occasion that I have had the opportunity to, as has my right honourable friend the Secretary of State, as quoted by the noble Lord, Lord Leigh.
What we are concerned about is how we can ensure improvement. The noble Lord, Lord Addington, was right when he said that what we need here is a range of appropriate methods in order to ensure the quickest possible improvement. That is what the Government are aiming to do here. While many academies and trusts have driven improvement throughout the system, academisation is not necessarily a panacea. In fact, even when sponsored academies are excluded, pupil attainment in multi-academy trusts and maintained schools is similar.
Furthermore, the process of converting these schools can in itself be slow. The noble Baroness, Lady Barran, is right to say that that is because, in many cases, it is very complex. Nevertheless, that may well be a period in which the improvement that we would all want to see has not been able to be pushed. Around 40% of maintained schools identified for conversion take over a year to become academies—time during which pupils continue to experience underperformance. It is for those reasons that Clause 50 has been included in the Bill.
Baroness Barran (Con)
My Lords, the Minister spoke about 40% of schools identified for “conversion”. I just wonder, for the sake of Hansard, whether she meant “sponsorship”. Conversion is a choice to become an academy, and if there is a delay, my experience is that that might be situated somewhere in Sanctuary Buildings’ capacity, whereas sponsorship is when a school has failed. Maybe she would like to clarify that in writing.
Baroness Smith of Malvern (Lab)
I will clarify that in writing. I maintain the point, which the noble Baroness herself conceded, that often the conversion process, whatever prompted it in the first place, is not as speedy as we would want in order to drive improvement. Clause 50 has been included in the Bill so that the swiftest action can be taken to improve schools causing concerns.
For maintained schools that lack the capacity to improve—currently two-thirds of the total of schools that fail their Ofsted inspections—we intend, as has been highlighted during the debate today, to continue to issue academy orders, because they need a fresh start. Where Ofsted has determined that a school has the capacity to improve, from September 2026 we will rapidly deploy RISE teams—our school improvement support—as the first intervention rather than defaulting to structural change.
I will address the opposition from the noble Baroness, Lady Barran, to Clause 50 standing part of the Bill. Clause 50 replaces the current duty on the Secretary of State to issue an academy order for any maintained school judged to be in a statutory category of concern by Ofsted with a discretionary power. This represents, as I have suggested, a deliberate and considered shift in our approach. It reflects the Government’s commitment to a more flexible and swift approach to school improvement. As Rebecca Boomer-Clark of Lift Schools recently put it, structures do not raise standards, people do. Strong schools working together in strong partnerships will continue to make the difference. Clause 50 gives effect to this shift. It enables a more responsive approach, one that prioritises timely support through RISE, while retaining the option of structural change if a school does not show significant improvement after 18 months of targeted support.
Amendment 446, in the name of my noble friend Lord Blunkett, seeks to introduce a statutory presumption of structural intervention, through either structural change or merger when a school is in special measures, but would give the Secretary of State discretion to act differently if that is their judgement. As I am sure my noble friend would recognise, Clause 50 already provides the Secretary of State with the wide-ranging flexibility to intervene as they think best, specifically on merging schools. The Secretary of State already has the power to require a maintained school to take steps to join a federation, which is similar in effect to a merger. We do not believe that my noble friend’s amendment is required.
Amendments 445B, 446A and 446B in the name of the noble Baroness, Lady Barran, seek to retain or reintroduce a statutory duty to issue academy orders, albeit with varying conditions or constraints. Each of these amendments would, in different ways, undermine the core purpose of Clause 50, which is to provide the Secretary of State with the flexibility to determine the most appropriate intervention for each school based on its unique circumstances.
Baroness Smith of Malvern (Lab)
I also said that the proposals run contrary to our policy. I would not want the noble Baroness to run away with anything that is unlikely to happen—so no.
Baroness Barran (Con)
I am very reassured by the Minister’s final remarks. I believe the noble Baroness, Lady Bennett, was in the Chamber when I tried to respond to the comments of the noble Baroness, Lady Bousted. It is important to set aside one’s ideology and look at the results, and at the people who are leading those results, in our schools all around the country and celebrate them
I thank my noble friends Lady Spielman and Lord Leigh for their reinforcement and support for my amendments. I absolutely agree with my noble friend Lady Spielman that we need a system with clarity which, in her words, is brisk, well-implemented and with minimum delay. That is important and, I think, what the Minister hopes will happen.
I appreciate the clarity that the Minister brought in relation to Ofsted judgments which say that the school in question lacks the capacity to improve. It will be interesting to hear my noble friend Lady Spielman’s reflections on that and whether that puts great pressure on Ofsted inspectors to avoid that judgment. But that is for another day and another time.
The Minister makes a fair point about the 2RI+ power and the fact that those decisions—which I have to say I feel quite proud of—were not judicially reviewed. The context is perhaps a little different, but the Minister has brought helpful clarity to the Government’s intention. Until we see the proof of the pudding, we will remain concerned. With that, I beg leave to withdraw my amendment.
Lord Leigh of Hurley (Con)
My Lords, I will speak very briefly, because we had much the same debate in the Employment Rights Bill. In the Employment Rights Bill debate on this subject, the noble Lord, Lord Katz, explained the Government’s position. I made the point that, in my experience, when people—particularly young people—are in disciplinary procedures and meetings, their preferred choice of person to accompany them is invariably a parent, for obvious reasons. I tried to table an amendment to suggest that relatives, whether or not they are professionally qualified, should be allowed to accompany people in such circumstances. That got lost in the heat of the Employment Rights Bill, but I invite the Minister to consider whether a relative might be included as a professionally qualified person for this purpose.
Baroness Barran (Con)
My Lords, I am delighted to speak to Amendment 448 in my name and to support Amendment 448A in the names of the noble Lords, Lord Storey and Lord Hampton, to which I have added my name.
Amendment 448 would extend to maintained schools the freedoms that academies enjoy in relation to their staff’s pay and conditions. I cannot see a strong reason not to do this. Again, this is about trusting school leaders to make the right judgments for their team. My amendment is clear that the School Teachers’ Pay and Conditions Document should act as a floor and not a ceiling in relation to teacher pay. I acknowledge and thank the Government for the important amendment they tabled in the other place that established this final point in relation to academies.
Amendment 448A has already been ably and nobly spoken to by the noble Lords, Lord Hampton and Lord Storey, and my noble friend Lord Ashcombe. As other noble Lords have said, the amendment aims at the fundamental fairness that all teachers have the right to be accompanied by a certified companion. Teachers who are members of a trade union should feel well served by the representation that they pay for, and that is something that we welcome. It is also fair and reasonable to say that there would be some teachers who would choose not to join a union for a whole range of reasons, including disagreeing with strike action or a union’s political objectives. The Minister will be very familiar with some of the recent demands from unions—we heard some of them tonight, including abolishing Ofsted and returning academies to local authority control. It is fair to say that some people could reasonably disagree with these. This amendment seeks to ensure that teachers who, for whatever reason, are not union members can be accompanied by a trained and certified professional companion.
The amendment would tidy up the existing situation where trained companions from organisations such as Edapt are routinely admitted to hearings in schools but lack a legal right to do so, and on occasion are refused by employers. This amendment would provide a mechanism to regularise the good practice that is already seen in the sector and ensure that it is spread equally.
The amendment has another spin-off benefit. The Minister will be aware—I think my noble friend Lord Nash talked about this—that schools are seeing an increasing number of complaints being generated by AI. Complaints might be generated using an LLM, but they cannot be resolved in the same way. It is therefore important to ensure that workplace hearings are efficient and effective and keep pace with that very regrettable trend.
I cannot support Amendment 447A—I see that the Minister is smiling in surprise. In the good tradition set by my noble friend Lord Agnew, I also spent some time writing to chairs about CEO and senior leadership team pay. I disagree with the Minister that this should be resolved through the STRB.
Domestic Abuse: Universal Credit Payments
Baroness Barran Excerpts(7 years, 2 months ago)
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Baroness Buscombe
My Lords, as I have already said in a previous answer, most people do not want split payments. They want to be able to judge their household affairs together as one. Therefore, it is important that we and our staff work hard with Women’s Aid and ManKind to develop as much as we can our support and training facilities to help people who are subject to domestic violence. It is not necessarily the case that domestic violence has reached crisis point. We treat this carefully as a private matter. We make training for our work coaches in Jobcentres Plus a priority so that we can give the right support at the right time.
Baroness Barran (Con)
How will the department ensure that victims of domestic abuse who are in receipt of universal credit can meet their basic needs? I am thinking particularly of those who suffer such severe financial abuse that they struggle to meet their accommodation costs and provide for their children.