Children’s Wellbeing and Schools Bill

Debate between Baroness Barran and Baroness Evans of Bowes Park

Wednesday 10th September 2025 Lords Chamber

[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.

Schools: Music, Art, Craft and Dance

Debate between Baroness Barran and Baroness Evans of Bowes Park

Monday 16th October 2023 Lords Chamber

[Baroness Barran (Con)]

I meet many teachers who deliver these subjects, and I am struck by their commitment and skill. Close to 100% of teachers in art and design and in music have a relevant qualification post A-level.

[Baroness Evans of Bowes Park (Con)]

I refer noble Lords to my entry in the register of interests. Earlier this year, I attended a performance of scenes from Shakespeare plays by year 5s from North Wootton Academy at St George’s Guildhall, the oldest working theatre in the UK. When I spoke to pupils afterwards, it was clear not only how much they absolutely loved the experience but just how much confidence they had gained from performing on stage and in front of an audience. Can my noble friend explain or outline what the department is doing in addition to the fantastic school-led initiatives, of which that is one, to try to ensure that children of all ages are able to perform in public?

[Baroness Barran (Con)]

My noble friend paints a wonderful picture; I think that the House can imagine the pleasure of those children involved. I was fortunate enough to go and see something similar with a number of school orchestras and choirs performing, and I absolutely agree with what she said. We continue to support such activities, and will do more in our cultural education plan. I remind the House that we have also included an hour of music a week as compulsory, as our expectation in the school curriculum.

School Buildings: Safety

Debate between Baroness Barran and Baroness Evans of Bowes Park

Tuesday 20th June 2023 Lords Chamber

[Baroness Barran (Con)]

I want to be absolutely clear to the noble Baroness and the House that the department is not aware of any child or member of staff being in a school which poses an imminent safety risk. We are working as fast as is humanly possible to identify RAAC across the school estate. We sent out a questionnaire last year and nearly 90% of schools and responsible bodies have sent in their initial responses. We are working closely with the structural engineering sector to identify accurately whether RAAC is present and whether it poses a risk.

[Baroness Evans of Bowes Park (Con)]

Following on from my noble friend’s answer, is she confident that there is enough capacity among surveyors to identify RAAC in schools before, as the noble Baroness said, issues become too serious? We have had similar problems in other parts of the public sector estate, hospitals for instance, where there have been safety issues because of RAAC. Perhaps she could provide us with reassurance on this issue.

[Baroness Barran (Con)]

I thank my noble friend for her question. I hope it reassures her to know that I have met twice already the leading structural engineering firms. We have looked at different ways that we can accelerate the pace of surveys and are very confident that we will have carried out at least 600 surveys by the autumn.

Education Technology: Oak National Academy

Debate between Baroness Barran and Baroness Evans of Bowes Park

Monday 7th November 2022 Lords Chamber

[Baroness Barran (Con)]

In relation to geoblocking, Oak will not be internationalising its content; materials will be geoblocked. The noble Baroness is right that the department has received a challenge from BESA and the Publishers Association. We have responded to their recent concerns about the future operations of the ALB and we are looking at all the different models of licensing going forward. I am happy to update the noble Baroness in due course when those are decided.

[Baroness Evans of Bowes Park (Con)]

Is my noble friend aware of the results of a recent report that found that, notwithstanding the concerns raised by noble Lords, the Oak Academy had a positive impact on the workload of teachers using its resources, saving nearly half of them three hours a week, the equivalent of three weeks during a school year? Will my noble friend and her fellow Ministers continue to champion a range of ways to improve educational access and resources for schools, because this immeasurably helps reduce the burden of our hardworking teachers?

[Baroness Barran (Con)]

I agree entirely with my noble friend. She is absolutely right that almost half of teachers who used Oak reduced their workload by three hours a week. She is also right, and I reiterate, that we trust teachers and that the department supports them to have a choice of materials that they use.

School Absences

Debate between Baroness Barran and Baroness Evans of Bowes Park

Thursday 3rd February 2022 Lords Chamber

[Baroness Barran (Con)]

I think the noble Lord is being a little harsh: 99.9% of schools have stayed open. I know that he, with me, will recognise and deeply thank head teachers and all the teaching and associated support workforce for making that happen and for the flexibility they have shown. On Monday, we will announce the advance information about exams. The evidence from the VTQ January series of exams is that it has gone extremely well.

[The Lord Privy Seal (Baroness Evans of Bowes Park) (Con)]

My Lords, the noble Baroness, Lady Brinton, wishes to speak virtually and it is a convenient point for me to call her.

[Baroness Brinton (LD) [V]]

My Lords, DfE guidance to schools, updated on 20 January, told heads that

“A director of public health might advise you that face coverings should temporarily be worn in communal areas or classrooms”.


What would the Minister say to the head who is asking all pupils to wear masks until further notice, as one of their pupils has leukaemia and is severely immuno- compromised? Why have the Government, whether the Department for Education or the department of health, not given advice to these pupils, their families and their schools?

School Curriculum: First Aid Training and Home Nursing

Debate between Baroness Barran and Baroness Evans of Bowes Park

Thursday 16th December 2021 Lords Chamber

[Baroness Barran (Con)]

If I may, I will write to the noble Baroness with more detail, but the spirit of the guidance is certainly that schools have an element of discretion, and rightly so, in what they include in their curriculum. However, she will be aware that we are doing a great deal of work in relation to stab injuries and violent crime.

[The Lord Privy Seal (Baroness Evans of Bowes Park) (Con)]

My Lords, the noble Baroness, Lady Harris of Richmond, wishes to speak virtually. I think this is a convenient point for me to call her.

[Baroness Harris of Richmond (LD) [V]]

My Lords, I watched primary schoolchildren get involved in these classes some years ago and saw CPR being taught in a secondary school. To what year groups do the Government intend to teach these excellent skills? It is all right doing it just for seniors, but what about primary school- children as well?

Disabled Students’ Allowance Scheme

Debate between Baroness Barran and Baroness Evans of Bowes Park

Thursday 9th December 2021 Lords Chamber

[Baroness Barran (Con)]

I will look again at the research to which the noble Baroness refers, but, putting it another way, each student has a right to up to £25,000 a year. The average DSA—I appreciate it is the average and that there will be extremes at either end—is just below £2,000, so there is clearly no financial limit on students getting the support they need and we are absolutely committed to them receiving it.

[The Lord Privy Seal (Baroness Evans of Bowes Park) (Con)]

My Lords, the noble Baroness, Lady Thomas of Winchester, wishes to speak virtually. I think this is a convenient point for me to call her.

[Baroness Thomas of Winchester (LD) [V]]

My Lords, a student I know with the hidden disabilities of ADHD and dyslexia has had very good support from Brunel University because she had been told about DSA not at her school but at her diagnosis. Could the Minister encourage all schools to be more proactive in explaining the benefits of DSA?

Racism in Sport

Debate between Baroness Barran and Baroness Evans of Bowes Park

Tuesday 13th July 2021 Lords Chamber

[Baroness Uddin (Non-Afl)]

My Lords, like my grandsons and my granddaughter, I loved every England game. For me, football did come home to unify a divided nation, which stood with the profoundly thoughtful leadership of Gareth Southgate and Harry Kane and with magnificent players like Shaw, Grealish, Saka, Rashford, Sancho, Mount, and the man of many matches, Raheem Sterling.

Given their and our message that there is no place in our sports or institutions for racism and Islamophobia, with hindsight, does the Prime Minister regret his divisive and disrespectful comments? Will the Minister say what additional action the PM and the Government are taking to eradicate institutionalised structural racism and Islamophobia and its devastating impact in all aspects of our conduct and policy? They should take a leaf out of the England team’s efforts—

[The Lord Privy Seal (Baroness Evans of Bowes Park) (Con)]

My Lords, I am sorry, but can we please keep questions short? It is extremely disrespectful to the rest of the House.

[Baroness Barran (Con)]

I can only repeat to the noble Baroness that the Government have been absolutely clear that racism is unacceptable online or offline and that we respect people’s choice to condemn racism in whichever way they feel is right.