Children’s Wellbeing and Schools Bill

Baroness Berridge Excerpts

Thursday 19th June 2025 Lords Chamber

[Lord Mohammed of Tinsley (LD)]

My Lords, I will also speak to Amendment 160 to this important Bill. Amendment 159 relates to the establishment of a child protection authority and is also signed by the noble Baroness, Lady Berridge. These amendments, grounded in the belief that every child, no matter where they live and what challenges they face, should be guaranteed a basic level of protection. Amendment 159 proposes the creation of a child protection authority, in direct response to one of the most urgent and widely endorsed recommendations of the Independent Inquiry into Child Sexual Abuse. Amendment 160 seeks to establish national thresholds for children in need support under Section 17 of the Children Act 1989. Neither of these proposals is theoretical. Both are urgent responses to real-world system failures that we have seen repeated with devastating consequences across our country.

Amendment 159 calls for the creation of the child protection authority, as recommended by the final report of the Independent Inquiry into Child Sexual Abuse. That inquiry, after seven years, 325 days of public hearings, and testimony from over 7,000 victims and survivors, concluded that existing child protection mechanisms are fragmented, inconsistent and insufficiently accountable. Among the 20 recommendations, the establishment of the independent child protection authority was second only to mandatory reporting.

This body would have four core responsibilities: to improve child protection practices across public and private institutions; to provide expert advice to the Government and the sector; to conduct inspections of institutions and systems where safeguarding concerns are raised; and to monitor the implementation of the recommendations from the Independent Inquiry into Child Sexual Abuse and other major safeguarding inquiries. Critically, this authority would be independent and established as a non-departmental public body, similar to the structure of the National Crime Agency. Its independence would give it the mandate and credibility to act across departmental and institutional silos.

We cannot ignore the repeated failures of the current framework. The names of Sara Sharif, Arthur Labinjo-Hughes and Star Hobson will remain etched in our nation’s conscience for years to come. Each of those children was known to professionals and each was failed by a system that saw the risk but lacked the clarity, co-ordination and accountability to prevent harm. The Government’s response has been to strengthen existing structures rather than create a new body. Although that is understandable, it risks reinforcing the very fragmentation that the Independent Inquiry into Child Sexual Abuse warned about. We must be bolder, take a systematic view and act decisively.

Amendment 160 is on national standards for children in need support. Let us begin with the children in need framework. Section 17 of the Children Act 1989 empowers local authorities to offer services to children whose health or development would suffer without additional support. Yet, in the absence of a national threshold or quality standards, this power is deployed deeply inconsistently. In her 2022 report, the Children’s Commissioner for England uncovered stark regional disparities of how children in need plans are used. For example, in Knowsley and in Blackpool more than 60% of children known to social care were supported through a child in need plan, in stark contrast with Northamptonshire and Leicestershire, where the figure is less than 20%.

Let us be clear: this variation cannot be explained by demographics or the level of need alone; it is a result of fragmented local practice in the absence of national guidance. That creates a system in which access to help is determined not by a child’s vulnerability but by their postcode. The situation is compounded by variations in the quality of those plans. Many are vague, lack time-bound goals and fail to specify what support a child will actually receive. Social workers have expressed frustration with a system that burdens them with process but does not enable them to deliver change.

This amendment seeks to fix that. It would require the Secretary of State to undertake a national review of how Section 17 is currently implemented, including an analysis of demographic variations and effectiveness; to issue statutory guidance establishing clear minimum thresholds for child eligibility and a template for high-quality planning; and to use automatic referral triggers, such as a parent entering prison, in-patient mental health care or a child being arrested, to ensure early intervention where risk is identifiable. This is not about removing local flexibility; it is about setting a national baseline of protection so that a child’s right to support is not dependent on what they have.

This Bill is an opportunity to do more than pass yet another set of well-intentioned clauses. It is a chance to confront two crucial, long-standing failures: the lack of consistent, enforceable thresholds for when and how a child receives support under Section 17—on that note, I add that the Children’s Commissioner has today come out in support of my Amendment 160—and the absence of a single, independent body tasked with improving, inspecting and co-ordinating our child protection infrastructure. We often speak in this Chamber about opportunity, fairness and levelling up. These amendments are a test of whether we mean what we say because, for children growing up in hardship and at risk of harm, fairness begins with visibility and opportunity begins with protection. Let us give these children more than words; let us give them a system that supports them and keeps them safe where they live. I urge noble Lords to support my amendments. I beg to move.

[Baroness Berridge (Con)]

My Lords, I am grateful to the noble Lord for tabling Amendment 159, to which I added my name. It is a probing amendment, so I hope the Minister has not been equipped with various intricacies on the drafting. I believe that His Majesty’s Government intend to consult on child protection.

As the noble Lord outlined, this is a recommendation from IICSA, which envisaged the child protection authority having an inspection function of certain settings within its purposes. However, there was another recommendation from the independent inquiry, which said:

“All religious organisations should have a child protection policy and supporting procedures, which should include advice and guidance on responding to disclosures of abuse and the needs of victims and survivors. The policy and procedures should be updated regularly, with professional child protection advice, and all organisations should have regular compulsory training for those in leadership positions and those who work with children and young people”.


Although the child protection agency will be led by the Home Office and the honourable Member Jess Phillips, this second recommendation sounds like a description not only of charities but of out-of-school settings. I am aware that, since the amendment was laid, a call for evidence went out from the Department for Education on safeguarding for out-of-school settings, but how are they intended to fit together?

In addition to religious organisations, sports clubs, informal educational settings, summer clubs and private tutors seem not to be within a regulatory framework at the moment. Is this not what the independent inquiry envisaged that the work of a child protection authority would be, or could be? Those organisations are outside Ofsted and, despite the excellent work of the Charity Commission—many of them will be charities but not all of them—the threshold for intervention by the Charity Commission on the grounds of safeguarding is statutorily very high. It is not an inspectorate, it seems, or an accreditor of safeguarding training.

If one looks momentarily at the scrutiny function that the Church of England is trying to set up, that function, which should be independent, looks as if it should be inspection, audit, accreditation and an end of complaint process facility. In these informal settings, out-of-school settings or charities, who accredits the safeguarding? Who does the inspecting? Who holds low-level concerns regarding staff and volunteers? Many of those settings will be a single charity under no umbrella organisation—and I thank the safeguarding charity Thirtyone:eight for its excellent work on safeguarding. If you are the trustee of a stand-alone charity and you begin to have concerns about a volunteer or a staff member—the kind of low-level concerns that are that are dealt with in Keeping Children Safe in Education—where is the umbrella organisation that will keep track?

We have to keep one step ahead of people who have this intention to get access to children. They will disappear from one independent stand-alone charity and have the potential to pop up, maybe in a different place—a different church or sports club—but who is keeping track of those concerns? You might informally tell another charity such as thirtyone:eight, but who will be collating that information? Could the Minister consider arranging a meeting for any interested Peers at which we can talk about the scope of the child protection authority and the call for evidence for out of school settings?

The call for evidence is, I believe, like a survey that you fill in. I promise the Minister that I will fill out the survey and go through that facility. But could she also confirm to noble Lords that the child protection authority will go out for consultation? What will the scope be for that and how will it fit together with this large gap—or number of small gaps—we have with out of school settings? This is an important moment to finally cover the many loopholes that still exist in relation to child safeguarding, particularly in out of school settings.

[Baroness Butler-Sloss (CB)]

I find these two amendments extremely interesting, and I very much support the spirit of them. But I am not at all happy, I have to say, about exactly how they are put forward. I think it is important that the Government reflect on Section 17 of the Children Act 1989 and the extent to which it could be updated and improved. I am delighted that the Government are taking steps to find out rather more about it.

I was extremely interested in the issues raised by the noble Baroness, Lady Berridge, but I am not sure that they come into either Amendments 159 or 160. It does not mean that it is any less important. This is a wider issue of some real importance. I am not quite sure where it should come, but it certainly needs to be regarded .

[Baroness Berridge (Con)]

I am grateful to be able to respond, as this is Committee. With the child protection authority, the question is about what scope that will have. If it is to have an inspectorate function, which is what was recommended by IICSA, will it have a role to inspect out of school settings? That is the way that, I would say, it comes within the scope of the amendment. But I accept it is a probing amendment. We need to make sure that we put the DfE and Home Office together to keep children safe .

[Baroness Barran (Con)]

My Lords, I congratulate the noble Lord, Lord Mohammed of Tinsley, on his powerful speech. I listened to his maiden speech, and this is the second time I have heard him speak. I see that he will be an important addition to the expertise in your Lordships’ House.

In relation to his Amendment 159, I am slightly puzzled and look forward to the Minister’s response. As the noble Lord said, the Government have accepted the recommendations of IICSA to create a child protection authority and this will initially, as I understand it, form part of the child safeguarding practice review panel. My noble friend Lady Berridge made good points about out of school settings although, in general, I worry about the extent of regulation that might fall on very small organisations and the impact that might have. I remember thinking about this when in office. One of the organisations we met with said there were no incentives in the system today to encourage organisations to do the right thing; there are just penalties if you get it wrong. Maybe that is a constructive path for the Government to consider.