Children’s Wellbeing and Schools Bill

Baroness Finlay of Llandaff Excerpts

Thursday 1st May 2025 Lords Chamber

[Baroness Finlay of Llandaff (CB)]

Children are the fabric of the future, to paraphrase the excellent maiden speech from the noble Lord, Lord Mohammed. Legislating for the welfare of children is crucial, and we must take this opportunity to provide equal protection of children in law from assault. The Royal College of Paediatrics and Child Health strongly supports such amendment. Its report last year showed that children who experience physical punishment were up to 2.6 times more likely to experience mental health problems and more than twice as likely to be victims of serious physical abuse. This is because the definition of “reasonable punishment” is unclear.

Last year, Worcestershire’s safeguarding review into the murder of nine year-old Alfie flagged up the difficulty in distinguishing

“between what is lawful and proportionate and what is harmful and abusive”.

The preceding year, after the death of Child AK, Norfolk’s review concluded that the current law was confusing by allowing a defence of reasonable chastisement in criminal prosecutions for assault. I was glad to hear others raise this and hope the House will support this overdue change. Scotland and Wales have already tackled this; giving children equal protection against being assaulted in the name of chastisement does not criminalise parents. The Scottish Government’s implementation group has not noticed a significant impact on work in the Procurator Fiscal Service or Police Scotland. Wales introduced a rehabilitative alternative to prosecution with no increased criminalisation of parents. We cannot leave the current legal confusion in place and leave children living in fear of common assault.

Ten years ago, the Royal College of Paediatrics and Child Health called for a single unique identifier, using the NHS number, but we failed to get it into previous legislation. Sadly, the Child Safeguarding Practice Review Panel reported that 485 children were affected by serious child safeguarding incidents in 2023-24 and the Independent Review of Children’s Social Care recently emphasised that a consistent identifier is essential for frictionless sharing of information between public agencies. So this clause is to be welcomed, but red flags must be rapidly acted on. I hope the Minister can tell us how, and how the process will be evaluated.

A unique identifier will help healthcare professionals quickly identify who has parental responsibility, especially for children in kinship care or with complex needs. This is especially important in emergency and palliative care, and the prevalence of children with medical complexity has risen almost threefold since 2000. Having kinship carers on the face of the Bill is welcome. Like any parent, they must be involved in decisions about their child, especially when the situation is critical and life-threatening. Sadly, parents in crisis at such times can feel inadequately listened to by clinicians and others.

There is a gap between the two parts of the Bill. This relates to bereaved children. No data is collected on the number of children bereaved of a parent or sibling, and half of bereaved children, young people and adults who spoke to the UK Commission on Bereavement said that they received little or no support from their educational setting after their bereavement. More than half of kinship carers said that their kinship children had mental health difficulties, often linked to bereavement. We must put well-being at the heart of education, especially for children who are bereaved, abused or vulnerable. We have work to do.