Preschool Children: Digital Technology

Baroness Barran Excerpts

Thursday 18th December 2025 Lords Chamber

[Baroness Smith of Malvern (Lab)]

This is an issue that we touched on with respect to educational technology in particular during the course of the Bill. There are wider developments in how we can regulate the use of AI with respect to individuals’ data that are being taken forward, particularly by the Information Commissioner’s Office. The noble Baroness raises an important point that I am sure parents will have borne in mind when thinking about presents that they are buying for their children. However, she is also right that we cannot leave parents, schools or other settings to make these decisions on their own, which is why we need to keep up with the evidence in order to provide the best possible advice to parents, to education settings and to others.

[Baroness Barran (Con)]

My Lords, I very much welcome the Minister’s comments about producing guidance for parents and early years settings in this area. Could she clarify the timing of that appearing and confirm whether it will be accompanied by a public health communications campaign?

[Baroness Smith of Malvern (Lab)]

I have probably gone as far as I can today in talking about the work that the Government are doing in thinking about how we can improve the guidance for parents. We will have more to say about this in the near future. As I said, we will also have the opportunity to consider this in more detail when we come back to Report on the Children’s Wellbeing and Schools Bill. However, any guidance that we produce needs to be easily accessible to parents. That will mean, for example, using the Best Start in Life hubs and website. We will also require public health dissemination as well.

Free School Meals

Baroness Barran Excerpts

Tuesday 16th December 2025 Lords Chamber

[Baroness Barran (Con)]

My Lords, in addition to worrying about how to fund free school meals, the Minister will be aware that there are concerns emerging about the funding of future teacher pay awards following the Treasury’s statement that there would be no additional funding for public sector pay awards outside departmental budgets. Can she reassure schools that the 6.5% recommended increase over three years which the department made to the STRB can be met through their budgets?

[Baroness Smith of Malvern (Lab)]

We have been clear with schools about the 10% increase in teacher pay that we have delivered since we came into government. Additional funding has been provided but, of that, we will support schools to find approximately 1% through efficiencies. I am sure that the noble Baroness supports the focus on efficiencies, even if she does not support the additional investment that this Government have been able to find.

SEND Budget Funding

Baroness Barran Excerpts

Wednesday 3rd December 2025 Lords Chamber

Asked by

[Baroness Barran]

To ask His Majesty’s Government how the commitment to fund SEND budgets centrally as announced in the Budget will affect mainstream school budgets.

[The Minister of State, Department for Education, and the Department for Work and Pensions (Baroness Smith of Malvern) (Lab)]

My Lords, the Government have been clear that SEND pressures will be absorbed within the overall Government DEL budget from 2028-29, such that the Government would not expect local authorities to need to fund future special educational needs costs from general funds. Budgets from 2028-29 onwards, including the core schools budget, will be confirmed at the 2027 spending review.

[Baroness Barran (Con)]

I thank the Minister for that Answer. On this side of the House, we genuinely wish the Government every success with their work on the reforms to the special educational needs system. As the noble Baroness knows, the expected annual deficit on the dedicated schools grant is over £6 billion in 2028-29, which is a huge number. While the Government have been very clear that this will come from current RDEL allocations, they have not specified a funding plan to cover this. Anyone who has been involved in SR negotiations will know that finding £6.3 billion, apparently from other government departments rather than the DfE, will be incredibly difficult, if not impossible.

Of course, this is not even about £6.3 billion in one year; in the OBR document, if you look at the three years beyond this SR period, you see that the figure for the projected deficit is well over £20 billion. So I hope the noble Baroness will understand why schools and parents are worried, and why more clarity is needed about who is going to pay for this. I hope she can give us that now.

[Baroness Smith of Malvern (Lab)]

I take the noble Baroness’s assurance that noble Lords opposite want to support the Government in reforming the SEND system; I believe that to be true. However, it is also the case that there has been a fair amount of misinformation being peddled, not least by some of her colleagues at the other end of Parliament, about the nature and source of the £6 billion, and the way in which it will be dealt with in 2028-29. As I made clear in the original Answer, in the Budget the Treasury was very clear, in careful wording, that future funding implications will be managed within the overall Government DEL envelope—not the DfE’s DEL—and will be part of the spending review that will start in 2027.

The other important point is that that figure assumes no reform of the SEND system, and of course that reform will be focused first and foremost on ensuring that children and their families get better outcomes than they are getting from the system at the moment, and it will be important to ensure that that happens. It will also make system more sustainable.

I hope that all those interested in SEND reform will, for example, take part in the quite extensive engagement activity that is currently under way to help to inform those reforms.

Dyscalculia

Baroness Barran Excerpts

Monday 17th November 2025 Lords Chamber

[Baroness Smith of Malvern (Lab)]

In the new framework that has been set out, we are expecting Ofsted to place more emphasis than has been the case previously on the extent to which schools are achieving the type of inclusive practice that will benefit all pupils with special educational needs and disabilities, including those with dyscalculia. Alongside assessing the extent to which schools are doing that, we are also putting in place the support for the workforce that I have talked about, as well as evidence of, and development of, best practice in inclusive schools to ensure that all children can make progress.

[Baroness Barran (Con)]

The Curriculum and Assessment Review made a recommendation for a diagnostic maths test in year 8; my understanding is that the Government have not accepted that. Can the Minister explain why?

[Baroness Smith of Malvern (Lab)]

The Government will be introducing a reading assessment in year 8, on the basis that we think reading is the thing most likely to open up the rest of the curriculum and the ability to succeed in assessment. We will also make sure that schools have the support to use a range of methods of assessing progress in both maths and writing in year 8. Other changes we are making in response to the Curriculum and Assessment Review will make sure that the sequencing of maths learning enables students, including those with special educational needs, to build up their core understanding in a way that is more likely to support success.

Teachers: Music, Drama, Art and Design, and Dance

Baroness Barran Excerpts

Monday 17th November 2025 Lords Chamber

[Baroness Smith of Malvern (Lab)]

As the noble Earl says, in primary schools, teachers will often have a range of areas that they will teach. What is important is that teachers have access to the best understanding of how to teach music, with support from the music hubs. We will develop their understanding of best quality, excellent arts teaching through the new centre for arts and music education. They must also be supported—for example, through the pay increases that we have put in place—to enter the profession and stay in it.

[Baroness Barran (Con)]

My Lords, I will follow on from the question from the noble Earl, Lord Clancarty. Before I do so, the Minister was very quick, as ever, to criticise the previous Government and come out with various statistics. However, she omitted to mention that teacher numbers were at an all-time high when we left office. On specialist teachers in art, music, drama or the other subjects that have been mentioned in this Question, one way to get the specialism to which the noble Earl referred would be to allow those without qualified teacher status to continue to deliver that teaching and to bring with them their specialism in these areas. Would the Minister reconsider that in the context of the Children’s Wellbeing and Schools Bill?

[Baroness Smith of Malvern (Lab)]

I believe that good teachers bring specialist knowledge as well as the particular skills that teacher training and qualified teacher status bring alongside that. That is why pupils have an entitlement to ensure that those teaching them have both the knowledge specialism and the teaching specialism in order to give them the best possible opportunities. That is the reasoning behind this Government’s determination that all pupils should be entitled to have a qualified teacher in the classroom in front of them, because, as we know, the quality of teaching is the single most important determinant in pupils’ success in school.

Curriculum and Assessment Review

Baroness Barran Excerpts

Monday 10th November 2025 Lords Chamber

For families who have withdrawn from education, the new national curriculum will be a chance to rediscover the power of learning once again. For every child across the country, it will be an invitation not just to share in our national story, but to write the next chapter. I commend this Statement to the House”.

[Baroness Barran (Con)]

My Lords, I start by acknowledging the work of Professor Becky Francis and her expert advisory team on this very important and detailed review. They were set clear criteria, which the team has diligently sought to incorporate. The level of detail in the review means that, given the time available, I will not be able to comment on many of the individual recommendations, but perhaps other noble Lords will raise them.

We were pleased to see that the review builds on the reforms brought in by my noble friend Lord Gove and the right honourable Sir Nick Gibb, the former Member for Bognor Regis and Littlehampton, and keeps key elements of curriculum and assessment reforms, including a phonics test, a focus on a knowledge-rich curriculum and subject-specific curricula, as well as formal, exam-based assessment.

One advantage of the slight delay between the Government publishing the review and then announcing their response is that, over the past few days, there has been a veritable litany of blogs and commentaries from real experts in this area. A few things from those have started to emerge, which I hope that the Minister will be able to comment on.

First, there seems to be a divide between the advocates of specific subjects, whether citizenship, digital literacy, media literacy, climate change, financial education or the performing arts. The enthusiasts for all those subjects are broadly happy, because their subject is now in, but they are beginning to worry about implementation. Indeed, I heard one advocate of financial education pointing out that although this already exists in the secondary curriculum, many secondary school pupils are not even aware that they have had a financial education lesson. As ever, implementation will be key.

Conversely, those who I would describe as the real curriculum experts are bringing a much more worried tone, as are those who lead some of our most successful schools and trusts. They are worried both by the extension of the curriculum and what that means for powerful knowledge and depth of understanding, and by the way it is being measured. So my questions and concerns reflect some of those of our greatest experts and practitioners and focus particularly on where the Government have diverged from the review’s recommendations.

As Professor Dylan Wiliam said, assessment operationalises the curriculum. It is where the rubber hits the road and, by extension, measurement of a school’s progress also shapes what is taught. In that context, we are concerned about the loss of the EBacc, which had led to a 10-percentage point increase in the uptake of history and geography GCSEs between 2010 and 2024, and also stemmed the decline in modern foreign language GCSEs. We have seen the percentage of disadvantaged pupils who do the EBacc rise from 9% in 2011 to 29% in 2024, and that is what opens doors and drives social mobility. What modelling have the Government done of the likely decline in these subjects in the absence of the EBacc, especially in relation to modern foreign languages?

Even more troubling, perhaps, are the changes to Progress 8, where the review was very clear that with some cosmetic changes to titles, Progress 8 should stay unchanged in substance. There is, I would say, a near-universal view from experts that the changes will lead to a lowering of standards for all children but, most importantly, for the underprivileged. I particularly acknowledge very thoughtful blogs and Twitter threads from Matt Burnage of Ark Soane and Stuart Lock of the Advantage Schools trust. Having invested in the evidence-led approach of the Curriculum and Assessment Review, what was the evidence on which the Government based their decision to deviate from the review’s recommendation in relation to Progress 8? What would the Minister say to school leaders who are already worrying that this will see an increase in breadth at the expense of depth? What would she say, more importantly, to those leaders who say, rightly, that schools do not operate in isolation, so there will be a pressure to choose easier options for pupils, especially disadvantaged pupils—the exact pupils the Government want to help?

The push for rigour, for the rights of all pupils to access the best of what has been written, thought and said, will erode. Key, as ever, will be implementation. To take just one example of curriculum change—

[Lord Baker of Dorking (Con)]

Just how long will this take? Will the Back-Benchers ever get in?

[Baroness Barran (Con)]

They will get 20 minutes.

To take one example of curriculum change and how to spot misinformation, as Daisy Christodoulou wrote in her recent blog on the Pacific Northwest tree octopus, there is a risk that we end up with simple checklists that aim to identify misinformation but which, in practice, work only if the pupil has enough knowledge to assess it. Will the Government take the advice of experts in this area and pilot the changes to this element of the curriculum that they propose?

Will the Minister clarify the timing of the introduction of the new curriculum? As noble Lords may have worked out, it will be 2042 before there are 18 year-olds whose whole schooling has been shaped by this review. The elements that risk eroding quality will kick in very quickly; those that might improve it are far, far away. I hope the Minister can also reassure us that, as Professor Becky Francis herself said, the things that will influence outcomes for disadvantaged pupils in the short term—notably, attendance and behaviour—are also outside the curriculum.

[Lord Mohammed of Tinsley (LD)]

My Lords, I too begin by thanking Professor Becky Francis for her Curriculum and Assessment Review report. There is much in this final report that we on these Benches can welcome. Indeed, quite a few of the ideas bear a distinctly Liberal Democrat imprint: renewed emphasis on a broad and balanced curriculum; the recognition that every child must be offered both rigour and breadth; and the Government’s acceptance of the need for more digital, arts-based and citizenship education.

However, while the ambition is high, the risks are real, particularly for those children whose life chances depend on a system that works for all, not only for the privileged few. If we are serious about social mobility, these reforms must be equally serious about substance, delivery and equity.

I will speak a little more about social mobility and equality of opportunity—an issue close to my heart given my lived experience of the UK’s education system. The Francis review rightly emphasises that the national curriculum must be for every child, and that one of its purposes is

“to ensure that … all young people are not held back by background or circumstance”.

Yet the danger is that without an underpinning investment and workforce plan, these reforms will continue existing inequalities.

Let us consider triple science. The ambition to give more students access to deeper science study is admirable. However, I am not sure whether the Minister is aware that across England, a quarter of state schools have no specialist physics teacher. Without addressing the recruitment and retention crisis in science and other shortage subjects, we risk fundamentally disadvantaging children in less-resourced schools, many of whom are from more deprived backgrounds.

Similarly, while the arts and digital education are flagged in the final report, the parallel removal of bursaries for music teacher training is concerning. Rising teacher vacancies in music and creative subjects, and underinvestment in enrichment, threaten to drive a two-tier curriculum: one for those who attend well-resourced schools, another for everyone else.

I turn to the structure of performance measures and subject choices. The scrapping of the English baccalaureate is not in itself a problem; the problem lies in how its replacement may unintentionally narrow choice rather than broaden it. The new proposals around Progress 8 reform, with dedicated slots for science and breadth subjects, may incentivise schools to pick the cheapest route to satisfy buckets rather than ensuring rich subject access. Our schools will be under pressure to hit headline measures, which may lead schools to steer pupils away from the arts, languages and physical education.

If we are serious about social mobility, we cannot allow the curriculum for large numbers of children to become a bare-minimum choice which gives them fewer options than their more fortunate peers. A child in a deprived area should not be streamed into the narrowest option simply because the school’s performance indicators push them there.

Finally, I will touch on the issues of teacher supply, funding and implementation; they all require teachers, time, training and money. Without proper workforce planning, the ambitions of the final report will collapse under the weight of underresourced schools. The Government must clarify how the reforms are to be funded; how many additional teachers will be recruited in shortage areas; and how all schools, regardless of location, will be supported to deliver the new entitlement. If a child in Sheffield, or anywhere else outside a privileged postcode, is left behind because their school cannot deliver the new curriculum, the promise of a “world-class curriculum for all” becomes a hollow slogan.

Before I conclude, I would like to pose a number of questions to the Minister that I hope she will address in her response to your Lordships’ House. First, what workforce strategy does the Department for Education have in place specifically to deal with the specialist teacher shortages in subjects such as physics, music and languages, given that many schools in disadvantaged areas currently have none?

Also, what assessment has the department made of the impact of narrowing the curriculum on students from lower-income backgrounds? How will the reforms not widen the attainment gap? How will the Government monitor and evaluate whether the new curriculum and assessment changes improve both attainment and life chances for students from underrepresented groups, and will data be published by socioeconomic backgrounds, regions, disability status and other key equality indicators?

Can the Minister also explain why the Government have not progressed with all of the Francis review’s recommendations?

Finally, this report offers not just change but an opportunity to build an education system that is truly inclusive, ambitious and equitable. However, ambition must be matched by resources, rights must be matched by access and the reforms must be implemented with a resolve to ensure that no child is left behind. If we wish to talk of social mobility, we must mean it; if we wish to talk about opportunity, we must support it; and if we wish to talk of education for all, that must include children from communities such as mine in Sheffield, where aspiration is in abundance but where barriers remain real. The proposals are good, but only if we deliver them properly. I look forward to the Minister’s response.

Antisemitism: Universities

Baroness Barran Excerpts

Wednesday 29th October 2025 Lords Chamber

[Baroness Smith of Malvern (Lab)]

I am sure that the work of my noble friend Lord Mann is something that university vice-chancellors should look at very carefully to inform their work. As I have said, we have already written to vice-chancellors, but we will follow this up with further meetings with them. I will certainly undertake to ensure that the guidance that my noble friend references is brought to their attention through that process, if not more directly, as she is suggesting.

[Baroness Barran (Con)]

The Minister has referred a couple of times to the Office for Students’ new E6 powers. To reassure Jewish students, I hope, could the Minister set out how long it will take, if a university is identified as having weaknesses under E6, to address those?

Autistic Children: State Schools

Baroness Barran Excerpts

Thursday 23rd October 2025 Lords Chamber

[Baroness Smith of Malvern (Lab)]

Yes, my noble friend makes a very important point there that builds on the point about the difference in the ways in which autism may present, but particularly highlights the differences—as she says, and as I understand it—in the way that people may present, depending on their sex. That is an issue which will need to be considered as we think about the appropriate ways to support children.

[Baroness Barran (Con)]

My Lords, will the Minister clarify her response to her noble friend Lord Touhig, who I think I heard say that the Government need a strategy aimed at stopping exclusions? The Minister knows that schools have a very difficult balancing act between upholding the rights of children to have a calm and undisrupted education and those children who need additional support. I hope she will reassure the House that we are not going to go down the Scottish route of no exclusion and then tremendously disruptive classrooms and violence towards teachers.

[Baroness Smith of Malvern (Lab)]

I am sure the noble Baroness was listening to my initial response, when I said that the Government support head teachers to make the right decision about exclusions. I also agree with her that all pupils have the right to learn in a safe and calm classroom. Therefore, it is sometimes necessary to remove children from the classroom, or even from the school. I think the point that my noble friend was making was that before that decision is made, it is really important that consideration is given to all the range of support that might be provided to a child and the reasons why a child might be behaving in a certain way. I am sure that she agrees with me that that is what good schools would want to do, and what they need is a Government beside them and supporting them to have the resource and the capability to do that.

Post-16 Education and Skills Strategy

Baroness Barran Excerpts

Wednesday 22nd October 2025 Lords Chamber

The White Paper delivers on that promise to our young people to give them the skills that they need, but the task of revitalising our skills system is not the isolated work of one department or another. It is the collective undertaking of local and national leaders, together with our workforces, businesses and trade unions. It is mission-led Government in action and the prize is huge: opportunity for our young people, growth for our economy and renewal for our nation. I commend this Statement to the House”.

[Baroness Barran (Con)]

My Lords, I thank the Government for this White Paper, which is an incredibly important and wide-ranging document. It is essential that we build the skills pipeline to turn around the current stagnation in productivity and economic growth. But we also know, on all sides of the House, that this is a tough problem to crack. I read somewhere—I did not double check the data—that there have been 41 attempts to address this issue since the Labour Government were elected in 1997. As with all major reform, the challenge will lie in effective implementation. Delivering the scale of change envisaged in the White Paper will depend on clear accountability and long-term stability of decision-making. I am sure it is an issue that we will come back to in this House in the years ahead.

We are pleased to see that there are elements in the White Paper that build on the work of the previous Government. We are pleased to see a date confirmed for the introduction of the lifelong learning entitlement. We hope very much that this will build a pipeline of skills at levels 4 and 5, which we know are significantly lacking in the economy. It is not clear how this change will be incentivised. It would be helpful to hear from the Minister how the Government intend to create a pull from employers and how they will manage the financial risks to higher education institutions that, understandably, might be nervous about moving from a three-year degree model to a more modular approach.

As the Minister knows, there is a huge marketing task to be done. The pilots that we ran when in government significantly lacked demand—that is a polite way of describing it—so making people aware of these opportunities will be very important. It is also important that the Government can reassure the House that level 4 and level 5 qualifications will retain rigour and labour market currency, and not simply represent partial completion of degree programmes.

We are pleased to see the continuation of the technical excellence colleges, which build on the institutes of technology that we founded, which received significant public funds. We wish them every success. But there is limited clarity on how the network of excellent institutes of technology will be utilised within the new framework. Can the Minister confirm their role in delivering the higher technical education ambitions within the White Paper?

I spent a lot of time at the Dispatch Box arguing with Peers all around the House about the streamlining of level 3 qualifications, so I wish the Minister good luck with that. Can she clarify the sequencing of the ending of funding for BTECs and advanced general certificates and the start of the new V-levels? How confident is she that there will be the workforce to deliver this, given the significant pay gap between staff working in FE and teachers in our schools?

The vocational levels sound promising, but the timeline looks very tight. Can the Minister clarify what will happen if there is a delay? That is obviously important. The other day, the Secretary of State said in the other place that funding would be kept in place for “most existing qualifications”, as opposed to all existing qualifications, until V-levels are brought in. Can the Minister confirm whether T-levels will be extended into areas such as sports science, performing arts, catering and hospitality, and hair and beauty, where there is strong learner and employer demand?

The White Paper rightly commits to simplifying what is currently a confusing qualifications landscape. In that spirit, can the Minister confirm that, as V-levels are introduced, proprietary titles such as BTEC, City & Guilds, and Cambridge Technicals will cease, giving clarity to young people, parents and employers?

There are a number of areas where we have concerns, and perhaps that is just a question of clarification. The Government appear to have scaled back the promotion and rollout of higher technical qualifications designed to meet employer-set standards. Can the Minister clarify the current commitment to the HTQ model? Can she also clarify the details on the ability of colleges to self-certify their HTQs? Previously, IfATE signed off on the quality of courses, with significant input from employers. Without external verification, surely there is a risk that, in future, levy funds are spent on what could be, in some cases, low-quality courses. It feels like we have seen this in the university sector, particularly franchise providers, where there is not enough oversight of qualifications or standards. Similarly, can the Minister clarify the timeline for addressing the quality issues with some degrees? Our concern is that fees are going up before quality is addressed.

Turning to the introduction of a Progress 8-type measure in higher education, will the Minister outline how this will be constructed, given the different curricula in each institution? For pupils who did not pass English and maths GCSE while at secondary school, we of course welcome the additional investment to support them but are concerned that there will be a risk that some children are deemed to be unable to pass these important qualifications. Have the Government estimated how many pupils they expect will never complete their maths and English GCSE?

The White Paper is fairly silent on incentives for employers to invest more. The noble Baroness knows very well about the significant drops in employer investment in these areas. It is also silent on plans for boosting apprenticeships at levels 2 and 3, which are obviously very important, and further plans for simplifying the funding of further education. Finally, is the noble Baroness able to confirm that the employer contribution to the growth and skills levy will stay at 2%, or are there plans to increase it?

The White Paper has a very brief section on measuring impact which is mainly, if I may say, about counting outputs. How will progress and impact be measured in a really transparent way, maybe through employer engagement, learner outcomes or gains regionally in terms of skills? To say it another way, can the Minister say whether her every dream was fulfilled in this White Paper? If every measure knocked it out of the park, what would be the impact on productivity in this country?

[Lord Storey (LD)]

My Lords, we on these Benches welcome the Statement. We share many of the concerns that the noble Baroness, Lady Barran, raised, and she quite skilfully teased those out with the questions she asked. Looking at the Statement, my immediate thought is that there is a lot of rhetoric in it, but there needs to be less rhetoric and more detail about some of the proposals. The biggest issue we face, which is not addressed, is the cultural shift in this country. Parents regard it as a successful education, quite honestly, and I have said this before, if the child or young person gets the required number of GCSEs, goes into the sixth form and goes to university. Schools lap up the number of students who go into the sixth form because they get extra funding for it, yet we know that half the pupils in our secondary schools are not academic, and we have this academic curriculum.

The other thing that surprises me in the Statement, which I think is crucial, is that young people need guidance. They need advice. They need help. They need support. I am surprised that there is no mention of careers education or careers guidance in the Statement —at this point, I declare an interest as a patron of Career Connect. It rightly says that

“our young people risk being left behind.”

That is absolutely right, because currently we have about one million NEETs in this country—not in education, employment or training. It talks about

“local businesses becoming more productive … and bustle returning to the high street”,

which begs the question of how we are going to do that. That is not just by quality training; there are number of other issues. Of course, the hike in national insurance did not help businesses, to be honest, and it certainly did not help high streets either.

The Statement talks about

“a muddle of confusing pathways”,

yet in some respects makes the muddle even more confusing, replacing BTECs with V-levels and cutting funding for the international baccalaureate programme in state schools. We welcome V-levels bringing flexibility, but we would rather see the phasing out of BTECs by 2027, both running in parallel during the transition so that outcomes can be compared. We know that BTECs work, because 200,000 students took them last year and 99% of universities accept them. One in five workers hold them. We need the Government to be more supportive here and look at funding streams. Why can sixth forms claim VAT, yet further education colleges cannot, for example? We support V-levels, but only if the transition from BTECs is based on evidence and if sufficient funding is provided to truly deliver a world-class vocational education.

Briefly, I am pleased about the section on universities. On the last Statement, the Minister gave us an assurance that the Government would face up to the funding crisis in universities, and they have been true to their word, but it is a bit disappointing that more money could have been available for universities had they not slapped on the levy for overseas students. That could have been an income stream that benefited the university sector.

I turn to the international baccalaureate. It sets the global benchmark for education. It is trusted by universities, employers and educators around the world as a mark of academic excellence, and thousands of British families choose to send their children to schools offering the IB diploma. What assessment has the Minister made of the impact of this cut to students’ ability to study under an internationally recognised programme?

We welcome the Government’s ambition to create a joined-up, strategic approach to education. However, the glaring omission of lifelong learning cannot be ignored. Learning does not end at 21. What steps are the Government taking to provide pathways for essential professions and deal with shortages in social work, nursing and engineering? It is important to all of us—we all have a real stake in this, the present Government and the previous Government—that we get this right and that it works. I hope that the mantra of two decades ago, “education, education, education”, is replaced by “skills, skills, skills”.

Children’s Wellbeing and Schools Bill

Baroness Barran Excerpts

Thursday 18th September 2025 Lords Chamber

[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 Barran (Con)]

She said flu vaccination.

[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.

--- Later in debate ---

Moved by

[Baroness Barran]

483A: Leave out “3” and insert “7”
Member’s explanatory statement
This amendment seeks to broaden the discussion to include higher levels of apprenticeship.

--- Later in debate ---

[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.

--- Later in debate ---

[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.

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[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.

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[Baroness Barran (Con)]

I beg leave to withdraw the amendment.

Amendment 483A (to Amendment 483) withdrawn.

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I also know from experience that for parents with serious complaints—we have heard some examples of those—the current system is not fit for purpose. Public bodies, departments of education or local education departments cannot just think that they will go away or that bureaucracy is taking over. It is equally damaging for the schools themselves if a parent makes a complaint, if it is very minor and has been blown out of proportion. Sometimes they involve other parents and other issues, and they can be very distressing for the school and cause real worry to the teacher, head teacher or governing body concerned. I am interested to hear what the Minister says, because it is something that we need to think very carefully about.

[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.

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Moving forward, our whole intention is to make sure that we reduce burdens on schools in a constructive way for everyone involved. We must make sure that we protect First-tier Tribunals and the important work that they do. On this basis, I ask noble Lords not to press their amendments.

[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.

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[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.

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[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.

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[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.

--- Later in debate ---

[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.