Children’s Wellbeing and Schools Bill
Baroness Longfield Excerpts(1 month, 1 week ago)
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Baroness Longfield (Lab)
My Lords, I will speak in support of Amendments 469 and 470, and I thank my noble friend for making such a strong and clear case for why they are important.
As a former Children’s Commissioner who worked very much within the framework of the UNCRC as the legal person required to promote and support children’s rights, the Committee will not be surprised to hear me speaking up for these amendments. As part of that role, I met children’s commissioners and Governments from around Europe and the rest of the world. They were at different stages of having regard to the UNCRC, but it was very clear from all my conversations with those who had taken the step towards incorporation—senior members of Government and others working in the public sector and wider society—that this was an important declaration for their country and for how they viewed themselves.
I am proud of the work that this Bill, as well as the wider work of government, is putting forward to make children a much more central commitment in decision-making. These amendments would offer a next, important step. However, the discussion around this can often become quite legalistic and technical, which sometimes distracts. We need to get to the heart of what this is about: making sure that we have a consistent focus on how we, as a nation, put our children first. We know that what happens in childhood will have an impact throughout the whole of life—and that impacts at the heart of who we are as a nation.
Children do not fit neatly into government departments; no one at the Cabinet table exclusively represents the best interests of children. Children do not vote, so they often get missed out in key moments of decision-making, and, as we know, they are most likely to fall through the gaps. In short, it is very easy for children to be overlooked and to fall between the departments and decision-makers who are making policies.
Children’s rights impact assessments can strengthen that move. They may sound technical and bureaucratic, but, again, this is about ensuring that decisions are made in the round and these issues are considered. We most seriously felt the lack of that during the pandemic, when decisions were made that were not in children’s best interests and there was no framework for wider consideration. Many departments undertake impact assessments, but I do not think that they yet have the status or consistency needed across government. During the pandemic, we saw other countries, such as Scotland and Wales, putting forward impact assessments on decisions made about children that considered wide-ranging issues, from economics to schooling and health, to ensure that children’s best interests were looked at in the round. It did not mean that those things could not be improved, but it meant that there was a consistent framework for consideration.
That is what I am putting forward for consideration today: that we take the next step to look at strengthening the framework, within government and our legal system, that puts children on a firm footing—not only in emergencies but in day-to-day life. We must have the ambition of putting children first in all the decisions we make, to ensure that we are not holding them back and that their best interests are taken into account.
Lord Wei (Con)
My Lords, I will speak to Amendment 502YP, which stands in my name. This amendment goes to the heart of how government power is exercised in the Bill. It would require the Secretary of State, when issuing guidance and reviewing parental appeals, to act in a manner that is substantively fair, proportionate and consistent with the best interests of the child while also taking into account the burdens that they might impose on families and parents.
Why is such a provision necessary? It is not enough for Ministers to draft guidance that looks acceptable on paper or to frame decisions in language that appears compatible with human rights law. What matters is how these powers operate in practice and how they impact parents and children, and other stakeholders in their daily lives.
Too often, many innocent families that I have spoken with experience the gap between theory and practice. They are told that regulations are light-touch, yet find themselves deluged with data requests, threatened with attendance orders or subject to investigatory processes that are often triggered not by evidence of harm but by mere administrative suspicion. From my work with home-educating families, I have heard repeatedly of parents treated as problems to be managed rather than partners in their child’s learning and well-being. That is not safeguarding; it is coercion disguised as oversight.
I understand that the guidance-led approach and strategy that the Government have taken is a means to try to block loopholes both now and into the future, but I urge the Minister and the department to think about the costs that this Henry VIII-led approach impose. For many families who find themselves on the wrong side of an investigation—and let us remember that the majority of investigations never lead to a conviction —it imposes huge court fees and requires them to set aside years of their lives to fight for their rights. It puts costs on to ordinary citizens. This amendment seeks to ensure that courts, when reviewing such actions, look beyond the fine words of official guidance to their real-world effect.
Does the policy genuinely protect children, or does it impose burdens that are unnecessary, unfair or disproportionate? Does it still respect the primacy of parents under Section 7 of the Education Act 1996, or does it erode it by stealth? The principle of substantive fairness is well established in case law. The Supreme Court has affirmed that state interference with family life must be proportionate, necessary and justified by evidence of significant harm. In R (W) v Birmingham City Council, the court stressed that suspicion alone is insufficient to override parental decision-making, and in Strasbourg jurisprudence, cases such as TP and KM v United Kingdom, and Folgerø and others v Norway, make clear that formal compliance with Article 8 is not enough if, in practice, families are subjected to arbitrary or excessive state interference.
This is not only about legal safeguards but about rebuilding trust. Parents must have the confidence that when the Secretary of State issues guidance it is designed to support, not to harass, empower or intimidate. They must know that appeals will be judged not by a tick-box reading of regulations but by a substantive assessment of what is fair, proportionate and in the best interests of their child.
To use one example, guidance might say that local authorities may request information as necessary. On its face, this sounds reasonable, but in practice families have reportedly been asked for intrusive details about their beliefs, philosophies or private lives—information far beyond what is needed to confirm that a child is receiving a suitable education. Under my amendment, the court would be obliged to ask not just whether the words of the guidance seem lawful but whether its application crosses the line into disproportionate intrusion.
Let us also consider parental appeals. Without a substantive fairness test the Secretary of State could uphold decisions that technically meet the letter of the law or guidance but are manifestly unjust, such as refusing deregistration when a child is in acute distress or supporting disproportionate monitoring conditions that make family life untenable. This amendment would require that such decisions be tested against their effect on the ground.
Some may fear that this opens the door to endless litigation. I would argue the opposite. By embedding the principle of substantive fairness from the outset, we give clearer guidance to decision-makers, reducing the scope for arbitrary or heavy-handed action and thus reducing the likelihood of judicial review. It is precisely when parents and families feel trapped, unheard and mistreated that they resort to the courts.
This amendment is not limited to home-educators; it will protect all families affected by the Bill. Schools will also benefit if guidance remains targeted and proportionate rather than bloated with impractical demands. Local authorities, often stretched to breaking point, will be shielded from the impossible task of enforcing rules that look neat in Whitehall but are unworkable on the ground.
It also respects the proper role of Parliament—of this place. Too often, we legislate with the assumption that the department will interpret and apply the law reasonably, but when guidance becomes overreaching or unfair, it is our reputation that suffers. This amendment restores a crucial check, ensuring that actions under the Bill are judged by their substance, not their spin.
Finally, I stress that this does not prevent the Minister issuing robust guidance where children are genuinely at risk. It requires that such guidance be necessary, proportionate and practically implementable without undermining parental and family rights. That is exactly the balance struck in our domestic law and by the European Court of Human Rights: protection where there is evidence of harm but restraint where there is not.
If we pass the Bill without such safeguards, we risk embedding a culture of formal compliance that is blind to lived reality. We risk measures that look lawful and feel great about them, but that feel unjust. In doing so, we risk losing the trust of the very parents, families and children whose partnership we need to safeguard children’s lives effectively.
Amendment 502YP offers a principled, proportionate solution. It ensures that the law is not just words on paper but fairness in practice. It strengthens oversight, protects families and upholds the integrity of our child protection and education systems. I commend it to the Committee.
Children’s Wellbeing and Schools Bill
Baroness Longfield Excerpts(1 month, 1 week ago)
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Baroness Longfield
“85ZB Managed moves and the Fair Access Protocol(1) Before the initiation of any managed move of a registered pupil from one maintained school or Academy to another, the pupil must be considered under the local authority’s Fair Access Protocol.(2) The consideration under subsection (1) must include consultation with—(a) the current school,(b) the proposed receiving school, and(c) the parent or carer of the pupil, and where appropriate, the pupil.(3) The local authority must keep and maintain a record of all managed moves occurring to, from, or within its area.(4) Where a managed move results in the registration of a pupil at a school within the area of a different local authority, the responsibility for monitoring the educational outcomes and welfare of the pupil following the move shall transfer to that receiving local authority upon the pupil's registration at the new school.(5) The duty imposed by subsection (1) above does not apply—(a) in circumstances where the child of compulsory school age is removed from the roll of one school and registered at another school solely as a consequence of the child's change of ordinary residence, provided that—(i) the change of residence is documented and verified, and(ii) arrangements for re-registration at a new school are underway or have been made within a reasonable period.(6) A record under subsection (3) must include—(a) the reasons for the move,(b) the schools involved,(c) whether the move was voluntary or directed, and(d) the outcome for the pupil.(7) Each local authority must submit an annual report to the Secretary of State containing a summary of managed moves conducted under this section. (8) The Secretary of State may issue guidance to local authorities and schools on the implementation of this section, to which they must have regard.(9) In this section—“managed moves” means a permanent change of the pupil’s school registration, where a move is not a result of—(a) a permanent exclusion under Section 51A of the Education Act 1996;(b) a transfer to a special school pursuant to Section 42 of the Children and Families Act 2014;(c) a change of registration due to school closure;(d) movement between educational phases;(e) change in school type as a consequence of the Academy Act 2010.“school” has the same meaning as in Part 4 of the Education Act 1996.”
Baroness Longfield (Lab)
My Lords, I will speak to my Amendment 450 on managed moves, as well as Amendment 453, which is in the name of the noble Lord, Lord Storey.
The amendments concern a group of children who are literally moved between schools. At the moment, they are pretty much out of the spotlight and are not in any way accountable within the system. Mine is a very practical amendment: it seeks to provide a framework that is consistent, fair and transparent, so that we do not lose these children. It would ensure that we know where they are and that the moves are in their best interests. Managed moves relate to permanent changes of pupils on a school registration where the move is not the result of a permanent exclusion, transfer to a special school, school closure or movement between educational phases. They are currently unmonitored and unregulated in many areas.
While some local authorities have very strong protocols and partnerships that mean that managed moves operate well, the lack of appropriate guard-rails, to ensure moves between schools are in the best interests of the child, has allowed some problematic practices to emerge. In the current system, frequently neither the local authorities nor the Government know where, or even if, the child is being educated following a managed move. The Who is Losing Learning? report this year uncovered a deeply concerning trend: it estimated that, for every child that was permanently excluded, there were 10 more invisibly being moved around the system behind that. There are also reports that, sometimes, children can almost be traded between different schools and systems within this process. Some children will spend a lot of time out of school as a result, and others are moved time and time again.
The solution proposed in my amendment is very practical. It would bring managed moves in line with suspensions and exclusions. It proposes that they are put through the existing fair access protocol and that local authorities report on its use to the Department for Education. This would subject managed moves to a collaborative peer review and set out what knowledge and oversight the appropriate local authorities and the Department for Education have. It would be important that discussion of, and application to, the fair access protocol should happen before the move is initiated, to ensure that the child’s education does not get disrupted as a result.
We want local authorities to keep good records, as we must be clear on where responsibility lies for that child as they move between schools. We also want a stipulation that this does not apply to a child when they move from one school to another because of a change in the child’s residence. There is a real need for a definition of managed moves and for all those managed moves then to be reported back to the department, with an annual report on the numbers and nature of those moves.
There is an opportunity here to draw on the really good practice that occurs in many areas and to create a standardised approach that would be fair, transparent, accountable and, ultimately, in the best interests of the child. This speaks to the ambition that we all have for increasing opportunities for all children while also strengthening inclusion—that is what we all want to see. The provisions are practical and doable, and I look forward to the Minister’s response. I beg to move.
Lord Agnew of Oulton (Con)
My Lords, I speak in support of my Amendments 452 and 454, on the control of admissions into schools. This is a fraught issue for parents trying to get their children into excellent schools that lack sufficient places, so rationing—that unpleasant word—has to apply. Where the shortage of places is structural, outstanding schools can be and are supported to expand their facilities. In my trust, we have an outstanding school that started out with us in special measures over 10 years ago. It has nearly doubled its cohort size over that time, and I am grateful to the local authority and indeed to the DfE for supporting that expansion in physical terms. This year, it was the highest-performing secondary school in Norfolk at GCSE, and I am incredibly proud of the staff who have achieved that. But, more relevant for this legislation, it shows that the system can work well and responsibly.
Baroness Longfield (Lab)
My Lords, I thank my noble friend the Minister for her response and the emphasis that she has placed throughout on inclusion. The ambition is for all children to be able to benefit from a great education and for them to be able to thrive in school.
The amendment I put forward about managed moves is very much about keeping children within schools and the education system. It is a practical response, and I have been really pleased to bring together a group of schools and school leaders who are really putting forward a very positive practice by meeting with the education team and talking about that. With that in mind, I beg leave to withdraw my amendment.
Lord Lucas (Con)
My Lords, I very much support the noble Baroness, Lady Bennett, and the amendments she has put forward. I hope that the Government are thoroughly behind the National Education Nature Park, which is a great initiative from the Department for Education, and are looking for ways to push that out, maybe through the natural history GCSE. If the noble Baroness feels in need of a holiday, I recommend Japan as a place that has really got on top of how to get young citizens involved with nature; that may surprise noble Lords, in view of the urban character of Japan, but it is very good at that.
I also agree with my noble friend Lady Spielman that indirect measures are best. They are very much the underpinning of the Good Schools Guide: watching, observing and looking for strong structures and relationships—and, yes, someone to turn to when you do not know what to do, but an excess of mental health professionals is almost always the sign of a school in trouble.
When it comes to children, the Heisenberg uncertainty principle applies. By asking a child a question, you create the answer; you have to be really careful how you try to measure well-being, particularly in young children. Maybe the Dutch can teach us to do it, but I share the scepticism of the noble Baroness, Lady Fox, about much of what is going on in schools at the moment.
Baroness Longfield (Lab)
I shall add something on those points, although I do not want to drag this on. Clearly, this arouses a lot of emotions, but we are mixing a lot of things up. There are rooms full of evidence on how these effectively work, not least on the things that the noble Lord is putting forward. I do not think that schools are being asked to undertake surveys—it is about giving information to schools, which is a completely different aspect.
What we should all be talking about here is keeping children well, which means intervening when they need help; it does not mean taking them to clinics or overmedicalisation but it is about providing positive environments in which children can flourish. Also, it is not something that we are asking schools to take on; schools have had to take this on, because it comes through the door. We are talking about other professionals —health professionals, youth workers and others, who know about well-being—being able to work with schools to support those children. This is a win-win for everyone, and children and their families are the last ones who want to overmedicalise this and come up with what has been described as an industrialisation of a medical complex. That is not what anyone wants, and I do not think that it is there in any of the intentions that have been put forward.
Baroness Grey-Thompson (CB)
My Lords, I declare an interest in that I am chair of Sport Wales. I strongly support Amendment 472 in the name of my noble friend Lord O’Donnell, and I agree that it is one of the most important things that we can do. At Sport Wales, we carry out a school sport survey, and we had responses from 116,000 children who gave their opinion on sport and well-being. We do not use it only to focus the funding; it is to help them to be part of the solution, to think about how their well-being might be improved.
I have my name on Amendment 500. I make a plea for physical literacy, and for giving it the same status as literacy and numeracy. We know that, if we teach children good physical literacy skills, it helps their mental well-being. The reason why we need to do this is that we are in a time of crisis. UK Active data shows that we have a generation of children who are more likely to die before their parents because of inactivity. A press release issued by the Department for Work and Pensions on 18 June 2025 stated that one in eight young people is not in education, employment or training. I realise that that cuts across age groups and is looking at something different—but we have up to 93,000 young people between 16 and 24 on personal independence payments. This is not to criticise the Government, but the system is not sustainable in this current format. We cannot keep just pushing young people on to benefits, so we have to do something differently. This group of amendments is part of the solution to helping young people. In a Bill that has well-being in its Title, it would make sense that we measure well-being.