Children’s Wellbeing and Schools Bill

Baroness Blake of Leeds Excerpts

Monday 19th January 2026 Lords Chamber

[Baroness Barran (Con)]

My Lords, noble Lords will remember from our debate in Committee that on this side of the House we had considerable practical reservations about the Government’s approach to regulating groups of children’s homes and foster care providers. These two amendments aim to improve the process that the Government plan to embark on.

Amendment 63 would simply require an agency or an establishment to provide information about its parent undertaking when it registered with Ofsted and to keep that information regularly updated. I assume that it would make it simpler for future regulation and enforcement if the identity of the parent undertaking was clear from the outset, given the complexity of the ownership structures of some of these groups.

My Amendment 64 aims to strengthen the effectiveness of the enforcement regime by giving it commercial teeth that would impact on these businesses. One would hope that preventing them expanding and restructuring financially or organisationally when they were subject to an improvement plan would lead to speedier compliance with the regulatory framework, as well as preventing a suboptimal group from expanding. I look forward to the Minister’s reply.

[Baroness in Waiting/Government Whip (Baroness Blake of Leeds) (Lab)]

My Lords, in the absence of other comments I will turn to Amendments 63 and 64, tabled by the noble Baroness, Lady Barran, in relation to the provider oversight scheme. The scheme will enable Ofsted to require provider groups to implement an improvement plan across multiple settings where Ofsted reasonably suspects standards are not being met. If the provider group does not adequately implement improvements, Ofsted will be able to issue it with a fine.

Amendment 63 seeks to ensure that, where an applicant for registration with Ofsted is a subsidiary undertaking, the applicant must provide information about its provider group. This information must then be kept updated and new powers would provide for enforcement of these requirements in regulations. I do not believe this amendment is necessary. There are existing powers in Sections 12 and 22 of the Care Standards Act 2000 which we intend to use to impose requirements on an applicant for registration, or a person already registered to carry on an establishment or agency, to provide information in relation to its parent undertaking—for example, contact details for service of relevant notices by email, and information about other subsidiaries under the same parent undertaking.

Amendment 64 seeks to ensure that, when a parent undertaking is required to implement an improvement plan, it is subject to financial and commercial restrictions, including the limitation on the acquisition of further subsidiaries, the opening of new establishments or agencies, and the organisational or financial restructuring of the parent undertaking while the improvement plan is being implemented. The measure as drafted allows for regulations to set out that a person is not a fit and proper person to carry on an establishment or agency where their parent undertaking—the provider group—has failed or is failing to comply with an improvement notice. This will allow Ofsted to refuse registration applications in respect of new settings that are under the ownership or control of the parent undertaking that has failed to comply with provider oversight requirements. The significant restrictions created by this amendment on parent undertakings which are implementing an improvement plan would not be proportionate, given that the purpose of this measure is to require the provider group to implement change quickly across all settings where concerns have been identified.

I turn to government Amendment 65. It is vital to the safeguarding of children that relevant authorities can quickly and efficiently issue notifications and documents where needed to persons carrying on or managing establishments and agencies and parent undertakings. This measure will amend Section 37 of the Care Standards Act 2000 so that Ofsted notices and documents under Part II of the Act can be served by email, giving the option to choose between delivering notifications by post, by hand or by email. This amendment aligns with our wider aims to deliver efficient technological services. It will bring coherence to communications across reforms and eliminate outdated, costly and time-consuming requirements of delivery only by hand or by post. This will reduce the risk of sensitive financial information being lost, and reduce delays to decisions that could impact the delivery of children’s social care services and to resolving concerns about the care that children receive. I hope I have addressed the concerns of the noble Baroness, Lady Barran, and that she will withdraw her amendment.

[Baroness Barran (Con)]

I thank the Minister for her remarks. I perhaps accept them more in relation to my Amendment 63 than my Amendment 64, but time will tell how the Government’s plans work out. With that, I beg leave to withdraw my amendment.

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Amendment 77 in the name of the noble Lord, Lord Moraes, seeks to remove Clause 22(1) and (2), extending the local authority’s duty of care to looked-after children to the Secretary of State where Section 55 of the Borders, Citizenship and Immigration Act 2009 overlaps Clause 21. From memory, the Minister gave an extensive reply in Committee on this topic, so while we understand the importance of the amendment, we will listen with interest to the Minister, who will share her extensive thoughts on the subject.

[Baroness Blake of Leeds (Lab)]

My Lords, through the Bill, for the first time, key public bodies, from Secretaries of State to schools, NHS organisations and regulators, will be required to be alert to matters that affect looked-after children and care leavers when shaping policy and services. These new corporate parenting duties aim to drive a culture change, tackle stigma and improve outcomes for some of the most vulnerable in our society.

I reassure the noble Lord, Lord Mohammed, that the voice of care-experienced young people is crucial in this. The noble Lord, Lord Mohammed, and I are two people in this Chamber who have experience of being corporate parents—I do not know how many others there are. We know just how serious that is. I understand the reference to language, but the responsibilities that come with this are real and important and need to be taken very seriously indeed.

Amendments 75 and 76 in this group were tabled by the right reverend Prelate the Bishop of Manchester. Again, I completely understand where he is coming from, and we have debated this in this Chamber under other debates. These amendments quite rightly seek to strengthen the corporate parent duty by requiring relevant authorities to have due regard to removing or minimising disadvantages faced by looked-after children and care leavers and to take steps to avoid or mitigate any adverse impact of their policies and practices.

We fully share the intent behind these proposals oftackling disadvantage and ensuring that care-experienced young people are not adversely affected by public policy. This is central to our vision for corporate parenting. However, as discussed in Committee, the new corporate parenting responsibilities are broad duties that apply in relation to a corporate parent’s existing functions and can be implemented in a way to fit the unique circumstances of each corporate parent. We believe that our existing measures achieve the aim of tackling disadvantages experienced by looked-after children and care leavers.

Just for a bit of clarity, the current responsibilities require corporate parents to be alert to matters which adversely affect the well-being of the cohort. This will require them to take action as appropriate. I just give the reassurance that this is not just a means of being aware; it comes with responsibilities. Therefore, we anticipate that corporate parents would already consider disadvantages experienced by these young people and how they may be addressed.

We will support implementation through statutory guidance, which will set out the responsibilities and include best practice examples for tackling disadvantage among care-experienced young people. Best practice will draw on not only relevant authorities but wider organisations, including local authorities that have taken action such as representation on governance boards, financial support and discounts, and treating care experience as a protected characteristic. This is the best way to deliver impactful change, not through this amendment, which, as I have outlined, is already sufficiently covered by the clause as drafted. I am delighted to say that we are in contact with Terry Galloway, who is very supportive of the direction we are going in. With his vast experience he will be an invaluable resource, ensuring that we keep moving in the right way.

Amendment 96, also tabled by the right reverend Prelate the Bishop of Manchester, seeks to place a duty on public authorities to include in equality impact assessments an assessment of the impact on persons who are being or have been looked after by a local authority. We are determined to tackle the stigma and discrimination faced by care-experienced young people. This is why the Bill introduces corporate parenting duties for Secretaries of State and public bodies, already requiring them to consider the needs of care-experienced young people with the aim of improving outcomes. Clauses 21 to 25 aim to embed this cohort’s challenges into policy and service design. We will commission an implementation partner to support implementation through provision of training and circulation of best practice, including training on how to effectively assess the impact of policies and practices on looked-after children and care leavers. For this reason, the amendment is unnecessary.

Amendment 77 was tabled by my noble friend Lord Moraes, who I am very pleased to see back in his rightful place in the Chamber. It seeks to amend the exemption on immigration, asylum, nationality and customs functions in respect of looked-after children so that action that would be taken in adherence with the corporate parenting responsibilities in the exercise of these functions would still be taken where it is not already required by Section 55 of the Borders, Citizenship and Immigration Act 2009. It also seeks to distinguish functions in relation to the acquisition of British citizenship by statutory right from other nationality functions when exercising duties under Section 55 and Clause 21.

While I understand my noble friend’s intent with this amendment, I emphasise that, as my noble friend the Minister noted in Committee, our measures require that public bodies named in this legislation be alert to matters affecting the well-being of looked-after children and care leavers, regardless of immigration status, except when performing asylum, immigration, nationality or customs functions. We fully intend on partnering with the sector and care-experienced young people in the immigration system to make sure that our statutory guidance covers their specific needs and vulnerabilities. We will also ensure that our implementation partner develops and delivers training on this cohort to all new corporate parents. As we have heard, my noble friend the Minister recently met with my noble friend Lady Lister and partner organisations, who were greatly reassured by our proposed actions in this area. I hope that this is sufficient reassurance for my noble friend to withdraw his amendment.

Additionally, Department for Education officials will work closely with the Home Office as it develops its proposals in the immigration White Paper to reduce the financial barriers to young adults who have lived here throughout their childhood accessing British nationality.

Local authorities already follow a separate set of corporate parenting principles and are best placed to take steps to consider whether a young person in their care needs support to seek British citizenship. The Home Office has taken significant steps in recent years to support local authorities in ensuring that children in their care are able to access British citizenship, including by introducing an exception in June 2022 that removed the requirement to pay a fee for an application for citizenship registration by children who are looked after by a local authority.

I want to reassure the noble Baroness, Lady Lister, that we will continue to work with the Home Office on how we can improve the experience of looked-after children and care leavers in the immigration, asylum and nationality system, building on existing measures that the Home Office has taken in this space. The further efforts will include working on proposals set out in the White Paper published on 12 May, Restoring Control Over the Immigration System, to ensure that children who have been in the UK for some time then turn 18 and discover they do not have status are fully supported and are able to regularise their status and settle. This will include a clear pathway for those children in care and care leavers.

The White Paper also sets out that the Home Office will consider measures to reduce the financial barriers to young adults who have lived here through their childhood accessing British nationality. Applying the duty to the asylum system would not require the Home Office to decide asylum claims for young people as soon as possible. Given the steps we are taking in this area to ensure that looked-after children in the immigration system benefit from the corporate parenting measures, we do not see the amendment as necessary.

Amendment 79A, tabled by the noble Lord, Lord Mohammed, seeks to ensure that the corporate parenting guidance issued under Clause 24 is laid in draft before Parliament. This amendment has of course been helpfully raised in reference to the Delegated Powers and Regulatory Reform Committee’s report. Our response to the recommendation explained that guidance issued under Clause 24 will not introduce requirements on corporate parents beyond those enabled by this legislation.

The guidance will help corporate parents understand how the duties could be implemented, using examples of best practice. We will develop statutory guidance in partnership with corporate parents and this will then be subject to consultation. This gives all those affected by the changes, including corporate parents, local authorities, looked-after children, care leavers and all of the above an opportunity to have their say. We will also draw on the expertise of the care-experienced community and representative bodies from within the sector, including those who have campaigned for these amendments, to support guidance drafting.

I can assure the noble Lords that their input will form the backbone of guidance. I hope that with those comments I have addressed the right reverend Prelate’s concern and that he will be able to withdraw his amendment.

[The Lord Bishop of Manchester]

My Lords, I am very grateful for the short debate that we have had this evening. It is clear that we are all passionate about the same thing—we would not be here at this time on a Monday night if we were not. We are passionate about getting the best deal we can for care leavers and young people in care, and I am very grateful to hear that. The fact that we are hearing that from all the Front Benches gives me some assurance that this is not something that would float away were there to be a change of Government—at least not one to any of the parties in this Chamber tonight.

Moving on quickly, I really appreciate the guidance that has been spoken of, and I accept the assurances of the Minister that there are many matters that we sought to put in the Bill, as is proper on Report, but which can be dealt with in that way before the Act is implemented in due course.

Were I merely alert to the fact that it is late at night and I do not have the support of the Front Benches, I might still waste your Lordships’ next 15 minutes by pushing this to a Division, but I am not only “alert to”, I am “having due regard to” those factors. Therefore, I beg leave to withdraw Amendment 75 and will not press Amendment 76 either.

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Moved by

[Baroness Blake of Leeds]

82: Clause 26, page 45, line 6, after “section 18” insert “made by the Secretary of State”
Member’s explanatory statement
This amendment and my other amendment to Clause 26 at page 45, line 6, would amend Clause 26 to change references to a “statutory instrument” containing regulations made by the Welsh Ministers to a “Welsh statutory instrument” to reflect the Legislation (Procedure, Publication and Repeals) (Wales) Act 2025.

[Baroness Blake of Leeds (Lab)]

My Lords, this group consists of government amendments in the name of my noble friend Lady Smith. They are Amendments 82 to 85, 244, 245, 249 and 253 in relation to consequential provision for Welsh and Scottish Ministers, and minor and technical changes relating to the Legislation (Procedure, Publication and Repeals) (Wales) Act 2025.

Amendments 82 to 85 relate to Clause 26 on the employment of children in England and Wales, and simply update references to the Welsh statutory instruments and the procedure to be followed in the Senedd in consequence of changes made by the 2025 Act, which came into force on 1 January 2026.

Amendments 249 and 253 do the same for Clause 67. This is a change that we are making to refine the drafting in the Bill and ensure that the terms used align with the latest legislative developments.

Amendment 244 will confer power on Welsh Ministers to enable them to make provision consequential to Clauses 11, 12(5), 20 and 31 to 36 in relation to matters that are within the legislative competence of the Welsh Parliament. Amendment 245 will confer power on Scottish Ministers to enable them to make provision consequential to Clause 11 in relation to matters that are within the legislative competence of the Scottish Parliament. This would ensure that if any such consequential amendments are identified, Scottish and Welsh Ministers could make those changes to the legislation.

I am grateful for the continued engagement of our Welsh and Scottish counterparts on the passage of this landmark legislation. I beg to move.

[The Earl of Effingham (Con)]

My Lords, we thank the Minister for her clarification of the reasons behind these consequential amendments. They seem entirely reasonable, and His Majesty’s loyal Opposition support them.

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[Baroness Blake of Leeds (Lab)]

My Lords, I thank the noble Earl for his comments and emphasise again how grateful we are to the devolved Governments for their engagement with the Government on this Bill. We will continue to work closely with them as the Bill progresses through Parliament.

Amendment 82 agreed.

Moved by

[Baroness Blake of Leeds]

83: Clause 26, page 45, line 6, at end insert—
“(4A) Regulations under section 18 made by the Welsh Ministers are to be made by Welsh statutory instrument.””Member’s explanatory statement
See the explanatory statement for my other amendment to clause 26 at page 45 line 6.

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Moved by

[Baroness Blake of Leeds]

87: Clause 27, page 48, line 7, leave out “Except as provided by subsection (3),”
Member’s explanatory statement
This amendment is consequential on my amendment to clause 27, page 48, lines 14 to 18.