Children’s Wellbeing and Schools Bill

Baroness Spielman Excerpts

Tuesday 3rd February 2026 Lords Chamber

[Baroness Bennett of Manor Castle (GP)]

My Lords, it is a great pleasure to follow the noble Baroness, Lady Morris, and largely to agree, although I would go somewhat further and say that I think we have reached the situation of a market in schools in which very crude judgments are being applied by Ofsted, and schools are being pushed to game the system. That is why I signed Amendment 230 in the name of the noble Lord, Lord Addington, and why the Green group will oppose Amendment 199 should it come to a vote.

The noble Lord, Lord Addington, was charitable when he said that there is a strong suspicion that off-rolling is going on. I am afraid I have no doubt that off-rolling is going on because up and down England, particularly in some of the most deprived communities, I have spoken to parents, often parents from very disadvantaged backgrounds themselves, who have said, “I’m trying to home-school my child now because the head teacher said they thought that was the best thing that could happen”. That was not home schooling by choice. That was usually pupils with special educational needs that the school just did not want to deal with. I have some sympathy with head teachers. Having been a school governor, I know how much pressure head teachers are under to keep up with the results. The problem is that we have created a competitive system where schools compete against each other instead of working together to create the best result for every pupil.

Amendment 230 is very modest. It simply calls for a review. I can tell my anecdotal stories, but I cannot say how big the problem is. I have seen it in many places, and I am sure that it is quite widespread. I do not believe the noble Lord intends to put this to a vote, but surely we can ask the Government to look at this anyway. As other noble Lords have said, it is something we should know about because this is one way in which we are failing some of our most disadvantaged pupils. Amendment 199, if it were to be passed, just furthers that sense of competition, which is the last thing we need in our schooling system.

[Baroness Spielman (Con)]

My Lords, I will speak to Amendment 198 and will touch on Amendment 230 from the noble Lord, Lord Addington. Listening to noble Lords around the House, I find it surprising that they consistently believe that inspection, for which I was responsible for seven years, does not place a heavy emphasis on inclusion. Certainly throughout my time it did. The current framework has increased that focus almost to the point of giving up on looking at education, for which one learning walk and the results are about the extent of the coverage. Inclusion is and has long been taken extraordinarily seriously.

There are two issues that I want to touch on. The first is that however much we might want to believe that every child’s special needs can be coped with, there are times when those special needs consist of problems that inflict real harm on other children. The most awful parental complaints that came across my desk were about children who had been seriously assaulted and harmed, on occasion raped, by another child who had been admitted by a school either conscientiously trying to include a child for whom the local authority was desperate to find a place or that had been directed to take a child. That is agonising to learn about. We have to acknowledge that the interests of other children need to be considered when placing the most difficult children. That is important for children most of all but, of course, it is important for staff as well. If people are trying to work outside their capacity, schools tend to deteriorate, and that is not good for anybody.

Linked to that, I want to make a point about off-rolling, which has been touched on. In my time we put more of an emphasis on looking for signs and pursuing that—inquiring into it—where we found it. One of the things we discovered is that it is extraordinarily hard to characterise definitively whether an individual case is a case of off-rolling. There is typically quite a long history, a deterioration of the relationship between the child and the school. It is not a clean and tidy yes or no. Getting to a point where you could definitively say what the extent was would be extremely labour-intensive. The issue, in my view, is not a lack of regulation to prevent this—inspection is perfectly capable of disincentivising it—but we have to acknowledge that it needs a lot of resource that simply does not exist in Ofsted or anywhere else to dig into individual cases and establish the extent and the remedies.

[Lord Sentamu (CB)]

My Lords, I will speak on Amendments 198, 199 and 230. I will give some historical background. The word “education” is derived from two Latin root words. The first is “educare”, which means to impart knowledge. For too long, some schools have seen themselves as imparting knowledge. They have emphasised too much that first root of the word, “educare”.

The other Latin root word is “educere”, which means to draw out knowledge. The best schools often do both. They impart knowledge but they also realise that a person is not a blank sheet of paper on whom you simply impart knowledge and do not draw out the best that is in them. In most schools that do both, the pupils all thrive.

That being the case, I think we have gone through a short-term revolution. Her Majesty’s inspectors, as they were then, saw themselves as helping the school to do better. Then Ofsted arrived and seemed to give simple judgments on the school, sometimes on very narrow elements. If the school failed one of its elements, it was totally judged to be a failing school.

I declare an interest here. The Archbishop Thurstan School in Hull had been there for many centuries. It was not performing as it should be and, therefore, there was a decision by the Secretary of State that it should be rebuilt. The council agreed to have it rebuilt and that it should be given a name that would be canvassed for in Hull. To my surprise, the pupils, staff and council decided that it should be called the Archbishop Sentamu Academy. That was the beginning of academisation.

We were very fortunate that the Labour Government, who lost the election in 2010, had agreed to provide the money. I was told by John Prescott, “Be quick, make sure that you get this money, because the new Government may not want this to happen”. Anyway, we got the £45 million and the place was rebuilt; the place was thriving. Students in Hull were thriving and doing excellent work for the first time, going to university for the first time. Four of them went to the University of Liverpool to read maths, which had never been dreamed of.

So the school was doing well but, as it went on, there was a problem in one of the departments and there was an Ofsted inspection, which said, “The school has failed”. If a school fails, the schools commissioner has a job to do: the school has to be brokered and brought into a much larger group, and that is what happened. What shocked me was that Ofsted would not then visit that school for three years. I said, “As a parent, if I had a child in that school and you judged it to be failing, I would like to know whether it had improved by the following year”.

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[Baroness Bousted (Lab)]

My Lords, I shall speak against Amendment 199, and I am following the very wise words of my noble friend Lady Morris in doing so. I just do not understand how this amendment would allow the management of school places and the good use of taxpayers’ money. Year 7 places in the capital, London, are expected to fall by 7.6% in the next five years and reception places by 6.4% in the next four years. That means that those schools will see altogether about a £45 million cut in their budget. That cannot just be left to chance.

There needs to be a way of managing the school population, ensuring that taxpayers’ money is well spent and that children are placed in schools that are viable and have enough pupils that they can be offered a full curriculum. We do not want the situation in Northern Ireland, where the grammar schools fill up and the secondary modern schools are left with completely variable roles year on year and are unable to offer a full curriculum or to give the children in Northern Ireland who most need it the education they deserve.

Amendment 199 would take market forces to a ridiculous level and would mean that the Government and the local area could not manage school places to ensure a broad and balanced curriculum for each child. That would be particularly the case with the new curriculum, which will be broader and more balanced and is long overdue. It is important to reject Amendment 199 because there needs to be a mechanism for the most vulnerable children.

I am afraid I have to disagree with the former chief inspector. Everyone knows there are certain schools that do not take the children with special educational needs that they should, and that other schools are then dumped on since they have to take far too many children with profound special needs, to the real detriment of those children and other pupils in the class. Everyone knows that in reality, that happens. The noble Lord, Lord Nash, is nodding—it is true.

[Baroness Spielman (Con)]

Can the noble Baroness say at what point I said that there were schools which did not take children? I do not think I did.

[Baroness Bousted (Lab)]

If that was the case, let me apologise for saying that. They have got better at inclusion, and the noble Baroness is quite right to upbraid me on that.

However, it is really important that there is a power to direct schools to take pupils in order that they get an education. Secondly, we need a way of organising an admissions system which allows all children within the locality to have a viable education with a full, broad and balanced curriculum.

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[Baroness Fox of Buckley (Non-Afl)]

My Lords, I have added my name to Amendment 207 to create a duty to keep schools open for attendance. The speeches that have been made excellently explained why.

I arrived in this House during lockdown, and I was shocked—genuinely, to the core—by the ease with which people in this House on all sides clamoured to close down schools. It was an extraordinary thing to witness. I could not justify it at the time and argued against it. That argument—which was a minority argument, not just put forward by me—was treated as though somehow those of us who were worried about schools closing were the irresponsible ones; whereas I think it was the other way round. I genuinely think that many of the issues that the Bill is trying to tackle—many of the real problems and challenges that we face with young people today—were created, exacerbated and turbocharged as problems during that period. Schools were closed down, which meant that adults broke the social contract with children—not for their sake but ours—and it was against all the evidence. I am very keen to hear the Minister’s response to this, even if it is not tested in a Division of the House, as I think that this will be a huge, important lesson for us to learn.

I will note a few of the problems that have already been raised. We have a mental health crisis, which we talk about regularly—as we will later and have been throughout the Bill—as though it came out of nowhere, but there is serious reason to imagine that young people’s mental health suffered during that period. But we are also talking about behaviour. A lot of teachers will tell you that once that social contract was breached, it created discipline problems because pupils were no longer in class. We have increasing numbers of parents withdrawing their children from mainstream schools. The habit of going to school was broken. We have spent a huge amount of time in this Bill talking about home-schooling, which is going up, and that is partly because schools were no longer considered necessary. I said then that if you tell pupils that truancy is okay in certain circumstances, it will be hard to get back to normal. If you say, “You shouldn’t come into school”, it will be hard to say, “You must come into school”.

Certainly, as a teacher, I lectured young people—many a time—saying, “There is nothing more important than going to school. There is nothing, nothing, nothing more important than your education”, and then suddenly as a society we said, “Oh, there are lots of things that are more important than going to school or your education”, so they learned a very bad lesson.

We will come on to talk about the problems with smartphones. What did we do when we sent all those young people home? First of all, we told them to look at screens to get lessons—a lot of the time we did not bother even supplying the lessons on the screens—and what they did was spend a lot of time on their phones. They were not out socialising. They became desocialised—anti-social.

The final reason why we have to remember that this is so important is that a cohort of young citizens was told, “If there is a problem, you stay at home, you withdraw”. I think that if we say to young people, “If you feel ill, you aren’t up to coping with going out and being part of society”, we are creating a medicalised fragility and an acceptance of illness as a reason to withdraw that have led to massive social problems. We are now paying for that with a huge welfare bill. Many young adults now lack the resilience to become economically active.

The cost of what we did was enormous and we are yet to come to terms with it. The Bill is trying to deal with a lot of the problems created by that period, and this amendment is therefore important in raising the possibility that we should not, as a default, close schools. The default should be that we do not, that we owe it to children to have their education and that schools are kept open for attendance. There has to be an extremely good reason why schools are closed, and that should be thought through deeply. As someone who was here when we were deciding, let me assure noble Lords that it was not.

[Baroness Spielman (Con)]

My Lords, I too support the amendment. We have relied through history on a presumption that schools will stay open, even in adverse circumstances such as epidemics or bombardments. But once we closed schools for Covid, we set children adrift because there was nothing in law to balance their interests against those of adults. Children stayed locked up for months, learning little even when schools made great efforts to provide online learning.

I shall not repeat what others have said, but the story of the continuing harm to children—their academic progress, social development, health and happiness—is still unfolding. Ofsted did some of the earliest work on this in autumn 2020, when my inspectors made a series of fact-finding visits to schools and published monthly reports on the impact of Covid on schools and children. They reported that children were lonely, bored and miserable—the advance warnings of the lasting problems that we now see. I spoke about this publicly a number of times, but the tide of emotion was too strong for people to hear.

With hindsight, the existence of a formal duty and a mechanism to ensure that the available evidence, such as the reports I mentioned, is considered and weighed up against the representations of the adults who work in schools, health sector representatives, and so on might have helped to focus minds. I believe that there is an opportunity here for the Minister to get ahead of potential recommendations from the Covid inquiry.

[Lord Sentamu (CB)]

My Lords, I am sorry if I sound like a dinosaur, but I will. Hindsight is always a harsh, cruel science. It makes us think, “If only we did not do this”. The evidence is very clear; as the inquiry went on, the lessons to be drawn have not yet been concluded, and the nation needs to take those lessons into its lifeblood.

We are talking about legislating for an assurance that if a huge pandemic breaks out—or, let us say, a war—we need to go to Parliament every two weeks to consult. But perhaps Parliament will be permanently shut. I would not want us to reach a stage where we have not fully learned all the lessons. I have grandchildren who, because their parents were working, were seen as those who needed to be supported at school during the pandemic. Even then, there were infections, and shutting down schools looked like protecting children. When something like Covid happens, our first look is to the vulnerable, such as children and other vulnerable people. I would find it difficult to support a measure which thinks that Parliament will always provide security.

Do you remember the Second World War? For their own protection, pupils had to be taken out of areas where the bombs were dropping pretty fast, so let us learn the lessons. We may return to this proposal, but for the time being let us support what the Bill as drafted is doing.

Children’s Wellbeing and Schools Bill

Baroness Spielman Excerpts

Tuesday 3rd February 2026 Lords Chamber

[Lord Mohammed of Tinsley (LD)]

My Lords, I want to share the experience of schoolteachers, particularly head teachers. I and the noble Baroness, Lady Barran, were on a call earlier this week with three head teachers from different parts of the country and from very different economic backgrounds. Their plea was: “You need to help us, because at the moment we have different policies on phones”. One, interestingly, was banning year 7s from having phones but not others. Another was to say: “Put it away. As long as we do not see it, it’s not a problem”. Others have pouches. A lot of their time is being taken up by a small group of vocal and often aggressive parents who demand that their children have their phones at school. Those head teachers are being distracted from their core duties to deal with this, and they were pleading with us, particularly with this vote tonight, to send a clear message to the Government that head teachers want to teach children rather than police smartphones.

The other thing I want to share is about the harms. We have talked a lot about social media, but often phones in schools lead to further bullying. We all saw a few years back the craze of happy slapping, where young people in playgrounds came behind others and slapped them, and the footage would be used and shared.

There is one other thing I want to share that is very personal. When one of my sons first started at a school in Rotherham, he was very keen to fit in—because we are from Sheffield—and he wanted to make friends. Unfortunately, a small group of so-called friends followed him into a toilet a few moments after he had gone in and, while he was sat on the toilet, they kicked the door in and took footage of him on the toilet. He did not tell me or the family. I got a phone call from a local community centre a week or two later to say, “Shaf, we are horrified by what we’ve seen. We’ve seen footage of your son. He didn’t know what to do, he couldn’t get up, and these kids were laughing. We saw it, and we think you should be made aware”. To their credit, the parents of the two young men who were involved came straight to our house when they found out; they were mortified. The school itself tried its level best, but, I have to say, we had to leave that school, and my son had to go to the other side of Sheffield to give him a fresh start.

There are real consequences. That is why, tonight, I will be backing the amendment of the noble Baroness, Lady Barran, and the amendment of my good friend and colleague, my noble friend Lord Addington, on the requirements for people with special educational needs.

[Baroness Spielman (Con)]

My Lords, I want to make just one point, following up on the points made by the noble Baroness, Lady Cass, and the noble Lord, Lord Mohammed of Tinsley. The medical devices exception in the amendment is already provided for. If a more general exception were made for special educational needs—that is already close to 30% of children—the pressure on parents and pupils would be to game this, and the proportion of children with a special needs label would rise to truly stratospheric levels, at which point the phone ban would clearly have no meaning whatever. I urge noble Lords to think about the point made by the noble Baroness, Lady Cass, on other ways to provide the assistive functionality that might be needed.

[Lord Elliott of Ballinamallard (UUP)]

My Lords, very briefly, it will come as no surprise that, when I was going to school, I did not have a smartphone, just like many of you here this evening, probably; we did not have that opportunity.

I fully support the principle of Amendment 215. I find a difficulty, though—this is a follow-up to the point made by the noble Baroness, Lady Morgan—on the policing of this issue in schools. Doing your homework is a requirement at school; not every kid does it. Bullying and fighting in the playground are not allowed, but it still happens. I fully appreciate that the son of the noble Lord, Lord Bethell, is not allowed a smartphone, but not every young person is accommodating like that: not every young person has the respect for their parents, let alone for their teachers.

It is okay making these laws, but, unless we have some type of policing and enforcement, it will not be of any benefit, because you are going to punish the people who willingly give up their phone when going into school. The noble Baroness, Lady Benjamin, says, “It is okay, they will simply be asked to leave their phone at the door”, but they will not all leave their phone at the door. Some will have a phone hidden. How do we police and manage it? That is my serious question, because I absolutely know that not every young person will willingly do it. What do you do? Are you going to criminalise teachers for not taking the phones? Are you going to criminalise parents for allowing children to go to school with their phones? It is not that simple.

I fully support the principle of the amendment. Let me be clear: I wish phones had never been allowed in school. But the management, policing and enforcement of this is something totally different and it is not dealt with in this amendment or anywhere that I can see in this legislation. I am willing to support this amendment, by the way, but it needs a lot more doing to it before it is finished.

Does the noble Lord, Lord Mohammed, think that, if those kids had been asked to leave their phones at the door, it would have stopped them breaking into the toilet cubicle with a phone hidden in their sock or down their shirt? This is an incomplete amendment that I am willing to support, but unless something better and deeper is come up with that allows it to be enforced and policed without criminalising teachers and parents, I am afraid it is not going to be of much use.

Children’s Wellbeing and Schools Bill

Baroness Spielman Excerpts

Wednesday 28th January 2026 Lords Chamber

[Lord Nash (Con)]

My Lords, I support Amendment 114 in the name of the noble Lord, Lord Mohammed, and my noble friend Lord Young’s Amendment 117. It is clearly a better solution to have a monetary limit than a number—that just seems obvious. As for gifted items, I could not agree more with my noble friend. Are we really saying that if I manage to secure for my multi-academy trust some free gifted strip from a football club, I have to say to those people, as a charity, “I’m sorry, I know I’m a charity, but the Government have passed a law which requires me to say no, I can’t take your benefit in kind. I’m sorry”? It is potty, because I am clearly going to have at least three other items apart from a tie. It is clearly daft, and I very much look forward to the noble Baroness’s explanation as to why they are so insistent on this point.

[Baroness Spielman (Con)]

My Lords, I shall speak to Amendment 117 in the name of my noble friend Lord Young of Acton, to which I have added my name. Although it may seem a small point, it matters. The draft guidance perfectly illustrates the consequences of poor policy-making: the cart was put before the horse and an announcement was made about reducing the number of branded items but without the clarity about the policy goal that should have informed the drafting of the legislation.

I will not repeat the examples given by others, but it is unfortunate that the draft guidance is so unequivocal. It is the kind of Kafkaesque rule that brings officialdom into ill repute, and it probably will not save parents a single penny. I add that if the policy goal is narrowly to save all parents money on school uniforms, this could be better achieved through Amendment 114, which would give schools more flexibility and avoid the problem that Amendment 117 is intended to address—although I believe that an automatic inflation adjustment should be incorporated to avoid the messiness of an annual review.

If this limit is enacted, will the Minister ensure that two particular impacts are fully evaluated. First, what is the social impact on children? In demonising branded clothing, the Government have lost sight of part of the value of uniforms. Uniforms are not only about badging and encouraging identification with an institution but about having all children wear clothing that is genuinely identical in quality and cut, not just broadly similar in appearance. We all know how sensitive the young are to status markers, such as having the right—usually expensive—trainers, even when the differences are all but invisible to the adult eye. Fewer school-branded items may mean more pressure on children to have the highest-status version of the unbranded items, which will inevitably bear hardest on the poorest children, so this should be evaluated.

The evaluation should also consider whether parents spend less money not only on school uniforms but on children’s clothing overall. If the change reduces spend on branded items but leads to poorer families being pressured into spending more rather than less overall on children’s clothes, it should be counted as a failure. I hope the Minister can reassure me on those points.

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[Lord Crisp (CB)]

My Lords, I am grateful to the Minister that the Government have moved on some of the concerns raised by me and others, particularly about some of the detail required on the register. However, I of course want to press her to move further. A lot of new and significant amendments have just arrived. I want to make two general points relating to those amendments and then comment on several of them.

I believe that the Government need to revisit their whole policy on home education. We are debating a significant set of amendments very late in the day which are creating a new regime, but I do not think the full implications have been thought through. Let me give one example which is relevant to this group and to other areas. As many noble Lords will know, most local authorities—I believe it is most rather than just many—hold annual meetings with or request annual reports from home-educating parents in their area. These are done regularly on the basis of case law, which says that local authorities are entitled to ask for an annual meeting or an annual report, which involves quite a lot of work.

I do not understand why these have been ignored and the additional requirements for meetings, information and monitoring are not built around them. There seems to be inconsistency in developing the policy. I would be grateful if the Minister would explain—either on this group or on one of the groups to do with information on activities on the register—why the Government have chosen to ignore this annual reporting system which exists in so many places. Presumably, it was an explicit decision to do so. Can I also ask her to confirm that parents will still have to comply with requests for annual reports or meetings? Or can they now just say, “Look at the register”?

Home education has changed enormously in the last few years and policy certainly needs to reflect this, but it needs to be based on a detailed examination of what is going on. Most importantly—we have not really spent time in Committee on this—we need to understand in some detail the causes of the big increase in the last few years, driven by parents who believe that schools are failing their children, many of whom have special needs and require special hope. These are big questions, and it is important that the Government take this beyond this Bill and look at the wider policy. After all, those parents are taking on emotionally and financially demanding responsibilities. Why do so few head teachers use their powers of flexibility to accommodate children in the way that their parents would want them to? Some of those issues are around mental health and other things that we have touched on, but they are also about how schools are governed and the increasing requirements placed on them.

Another question that needs to be considered is: how many parents are trying to home-educate for all the wrong reasons? What proportion do we think this is? I know from listening to education officers that it is quite small, but it demands attention. Let me be clear that I understand the concerns about safeguarding and educational standards. They are real, just as they are real in schools, and they need to be dealt with proportionately. In terms of safeguarding, Peers who like data may want to know that the only figures I can find are that home-educated children add up to about 1.4% of the population of schoolchildren and they account for 1.2% of serious case reviews. As noble Lords will know, those are reviews where children are seriously harmed or die. These figures suggest that home-educated children are no more at risk than children at school and conceivably less so. My point is that home education should be seen as a risk factor only for those with a record of abuse or where there is an existing concern, but not for the generality of parents, yet the approach we see in the Bill suggests that all home-educating parents are viewed with suspicion. That is certainly what they feel.

Looking ahead, once proportionate checks are done at the beginning of a relationship between parents and the authorities, I believe the approach should be one of partnership, as the Minister said. It is strange that it is not, given that in other policy areas government is considering more partnership with parents. In health, for example, it is now becoming accepted that parents know their child better than any professional can. As the Minister knows, I am working with a group of home-educating parents together with a home education officer and my noble friend Lord Hampton to look at alternative policy ideas for the future, and I am grateful to her for facilitating access for discussions with her officials about this.

Let me turn to specific amendments. Government Amendment 120 gives authorities the power to withhold permission to educate, or to decide whether they can educate, from parents of children who have been the subject of action under Section 47 in the last five years —i.e. things that have to do with safeguarding issues. To that extent, it seems proportionate and in line with what I have just said about risk factors. However, I have one significant concern. Many adopted children will end up being caught by this, because those children may have been the subject of such proceedings earlier in life before adoption. Noble Lords will know that adoption is a one-year or two-year, rigorous process. Do we really think that local authorities should second-guess parents who have been though that process about the best education for the child that they have just been entrusted with? Are they really a source of risk? I would be enormously grateful if the Minister would exempt them. My Amendment 120A makes that specific point.

However, Amendment 121A from the noble Baroness, Lady Barran, seeks to change the five-year period into a lifetime requirement and include proceedings under Section 31, where children have been taken into care, and Section 17, where children have ever been in need. I believe this is disproportionate in its impact. It will draw many people into this group. Do we really want to treat disabled children differently simply because their parents have asked voluntarily for some help, or because they were in care before adoption? I know of cases where children were taken into care at the request of the wife during proceedings against an abusive husband.

Amendment 121B tabled by the noble Baroness, Lady Barran, is potentially extremely dangerous for that last group of parents, who are seeking to avoid abusive ex-partners, as it will reveal their location and possibly their address. I cannot make this point strongly enough. I know women who are in this situation. The amendment says that all parents should be consulted. The Minister will also know that where such partners discover the authority or address, they may well bring allegations against their ex-partner under Section 47, causing as much damage as possible. I note in this context that deregistering a child from a school requires only one signature, not the signature of all the parents involved. This seems inconsistent.

However, Amendment 123 by the noble Baroness, Lady Barran, seems eminently sensible in requiring that local authorities should spell out reasons for refusing permission to deregister children in special schools. My Amendments 122 and 124 would serve similar purposes. They are about holding authorities to account for their decisions. The wording of Amendment 122 relates to local authorities judging that staying at a school is in the child’s best interests. There needs to be some appropriate mechanism for confirming or challenging this, and I propose that it should be confirmed by a court. My Amendment 124 addresses cases where parents appeal against an authority’s decision; it asks that the Secretary of State or Welsh Ministers issue guidance on how they would judge an appeal. This seems to me a very straightforward ask. People will need to know how their appeal will be judged. I hope the Minister agrees. The more transparency here, the better.

I agree with the Minister that government Amendment 125, about meetings at the point of deregistration, seems generally sensible and worth taking forward as a pilot. I believe they should also be treated as exit interviews, asking why the relationship between the school and the child has broken down—if that is the case, because it may not—and making that information available to the education committee and Ofsted. Schools and authorities need to use that information to improve their services, and that is the purpose of my Amendment 125A, which I believe from my correspondence the Minister agrees with.

I turn to government Amendment 131 along with Amendment 131A in the name of the noble Baroness, Lady Barran, about requesting meetings in the child’s home. This is the most controversial area, and I suspect other Peers have had more correspondence about this than anything else, raising a whole range of issues about access to people’s homes. I note that this is not mandatory, although there are implicit penalties for not complying. What relationship are they trying to establish? This is problematic legally, but I am not going to dwell on that; my earlier comments on Amendment 121 by the noble Baroness, Lady Barran, apply here: do the parents of adopted children have to apply?

I have two further points. First, I am not clear what this inspection is about. What criteria will be used? The home as such is not a proxy for the standard of education. Surely we need to know the criteria that are involved. The only criterion that I can possibly think of is that the child has some quiet space at home or elsewhere to study, although that raises questions about Travellers.

Lastly, even more importantly, why should the child be subject to two meetings in 15 days? This is a real issue, involving the invasion of what is, for many of them, their safe space. This is very problematic for many children. We need only think of adopted children, many of whom are terrified by any officials and live in a constant fear of being rejected or taken away again. This amendment requires more debate and more answers. I certainly feel it is important that the child should be at one or other of the two meetings that are proposed in the first 15 days, but two meetings with officials in 15 days seems excessive.

[Baroness Spielman (Con)]

My Lords, I shall speak to Amendment 121A, relating to local authority consent for the withdrawal of certain children from school, and to Amendment 131A, empowering local authorities to make home visits to children who have ever been subject to a care order or on a child protection plan. Both amendments have been proposed by my noble friend Lady Barran and are supported by other noble Lords on other Benches.

Broadly, I have welcomed the provisions in the Bill strengthening protections for children not in school or removed from schools, and I am grateful to the Government for the amendments that they have tabled since Committee, but I do not believe that is enough. We need to recognise more clearly that, in some circumstances, the declared intention to home-educate can in itself be a signal that some risk or harm has resurfaced.

No safeguarding system can ever be entirely comprehensive and infallible, and indeed safeguarding work should always be proportionate, but schools are an important part of that system, especially for children at higher risk. Social work always involves a difficult balance. A care order is a drastic intervention. Maintaining a child protection plan is expensive and intrusive into family life. We do not keep children in care or on protection plans by default, and it is normal for the level of intervention to be adjusted in line with circumstances. So, while a child is of school age, schools provide an important continuing residual line of sight to the child and are responsible for alerting local authorities if they believe that a child’s circumstances have deteriorated.

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Finally, this amendment raises no issues of legal representation or ECHR compliance. Other professions operating under heightened regulatory duties already have bespoke procedural protections. Teachers do too, and this amendment simply reflects that reality. If the Government cannot accept the amendment today, I ask the Minister at least to commit to strengthening departmental guidance to signal professional accompaniment as good practice, and to ensure that the forthcoming Section 10 review explicitly considers teachers and school staff. Supporting school staff at their most vulnerable moments should not be controversial. Amendment 191A simply seeks to ensure access to appropriate support when it is most needed. I commend it.

[Baroness Spielman (Con)]

My Lords, I have Amendment 243D, which is unchanged from the amendment that I tabled in Committee. It is late and I shall be brief. We are in a world where we all have a much greater propensity to complain in great numbers and are doing so very frequently. AI is making it easy to complain at great length, with minimal effort, and service providers of all kinds are quite simply drowning in workload. Talk to any head teacher and you will hear this.

I propose streamlining the current messy patchwork of statutory provisions to create a single streamlined model in which complaints will be triaged and considered only by the most relevant body, with information available to others when necessary. I believe that this would improve schools’ capacity to respond to serious concerns.

The Minister’s response was that the issue was being considered by the Improving Education Together group of unions and other stakeholders, with which the Government are committed to co-developing policy design and implementation. Indeed, this consideration seems to have happened, because guidance was recently published, both for parents by DfE and for schools by Parentkind. The content is entirely sensible, but it does not address the major structural problem: that a minority of parents can and do spray complaints at every conceivably relevant entity, including Ofsted, DfE, the Teaching Regulation Agency, as well as school governors and MATs or local authorities. A proportion of parents do not desist, even when they get fair and reasonable responses, and these volumes are drowning out the serious complaints that absolutely need attention. And despite this guidance, there are still those different legal frameworks and best practice guidelines for maintained schools and academies, which continues to create confusion.

I think schools will have hoped for greater acknowledgement of the scale of the issue and the impact it is having both on staff well-being and more generally on school capacity to respond, especially in relation to AI-generated complaints. I think they will now be hoping that the schools White Paper will provide for root and branch review of the system, including a co-ordinated system to triage complaints, such as this amendment would provide for, and perhaps also some powers for school leaders to act where there is unreasonable behaviour that goes beyond what is contemplated in this amendment. With apologies to my noble friend Lord Jackson, I think that rationalising the current problems to release the capacity that needs to be there for serious complaints is perhaps more likely to help than adding an additional layer. I therefore hope that the noble Baroness will be able to reassure me that the Government intend to go beyond mere advice as to how all parties can use the current legal framework better.

Finally, Amendments 190 and 191A are also important in establishing some important principles of fairness for school staff as well as for parents, and Amendment 191 would close a small but significant loophole.

[Lord Hampton (CB)]

My Lords, I shall speak very briefly to Amendment 191A, to which I would have added my name had I been slightly more organised. I have been a member of teaching unions in the past but I am not any longer. Many teachers are not members of a union. These are personal decisions, whether cost or philosophical. Trade unions play an important role in the workplace, but not being a member should not put you at a disadvantage when facing a formal allegation. It is all very well bringing a colleague along but, apart from the moral support, they might not be much help.

Doctors and dentists are permitted to be accompanied at disciplinary hearings by representatives from professional defence organisations under the NHS’s maintaining high professional standards framework. This has not undermined trade unions or weakened safeguarding: it has simply ensured that highly scrutinised professionals are not left unsupported at critical moments and has helped to ensure that due process has been followed. Teachers and school staff operate under comparable levels of public scrutiny and regulatory oversight. Amendment 191A is a modest, sensible step that reflects the reality and promotes fairness and consistency in how disciplinary processes are conducted. It does not even go so far as arrangements in medicine but is a step in the right direction and I strongly support it.

Amendment 243D, to which I did actually add my name, is very simple. I know from first-hand experience how complicated school complaints can be, with different complaints being sent to different organisations, often duplicated. They could be going to DfE, Ofsted, TRA, the school and the LEA. This is a very simple, overdue and badly needed amendment.

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[The Lord Bishop of Portsmouth]

My Lords, I will speak to Amendments 193A, 193B and 193C and declare my interest as chair of the National Society for Education. I thank the noble Baroness, Lady Ritchie, for her support of Amendments 193A and 193B. I will address these two first and together.

These two amendments are about good communication. They would require the chief inspector to include the relevant religious body along with the academy proprietor and the Secretary of State when a report is circulated at the conclusion of an inspection of a multi-academy trust that contains a school with a religious foundation. For example, in the case of the Church of England, the relevant body would be the Diocesan Board of Education.

Under the DBE Measure 2021, DBEs have a range of duties and powers, including advice-giving, data analysis and information gathering in relation to their schools and academies. Timely receipt of a multi-academy trust’s inspection report will enable the fulfilment of these duties and powers.

I seek the Minister’s assurance that these straightforward amendments, enabling good communication and the delivery of statutory duty, will find their way into the Bill.

Amendment 193C in my name would ensure that where multi-academy trusts contain schools with a religious designation, these are inspected on and held to account for their ethos, religious education and collective worship.

At present, over 42% of Church of England’s schools are academies, amounting to over 20% of all academies in England. When we include Roman Catholic academies and those with other religious foundations, the total percentage rises still further to approximately one-third of the entire academy estate.

All these academies will fall under the proposed new requirement for the inspection of multi-academy trusts. However, at present there is no provision for the specialist denominational inspection of those multi-academy trusts that have direct responsibility for the leadership and governance of academies with a religious foundation. This contrasts markedly with current arrangements, in which individual schools and academies with a religious foundation are inspected by the relevant religious body under Section 48 of the Education Act 2005 and by the contractual provisions of an academy’s funding agreement.

There is no provision within the Bill as drafted which would mirror Section 48 provision and deliver expert, individual, school-based evaluation and accountability for multi-academy trusts containing schools of a religious character and foundation. This is an omission or oversight with potential to affect adversely the quality of accountability and inspection for approximately a third of the academy estate.

Amendment 193C addresses this omission by seeking to mirror current Section 48 provision and good practice for multi-academy trusts containing schools with a religious foundation. Led by the inspectorates of religious bodies such as the Statutory Inspection of Anglican and Methodist Schools, inspections would combine, as they do most effectively today, the application of expert religious knowledge with inspection expertise to ensure that the accountability regime for the proprietors of academies includes all significant elements of the life, leadership and governance of schools in their purview. I thank the Minister for engaging with key partners in educational delivery within the National Society for Education and the Catholic Education Service ahead of this debate. I trust that the Government will continue to work with us to find a way forward and to address this omission.

To conclude, Amendments 193A and 193B are intended as friendly, simple, straightforward insertions to enhance lines of communication and to keep the relevant religious body informed when one of its schools is inspected. On Amendment 193C, however, I remain deeply concerned that, without the provision outlined in the amendment in my name, providers of schools of religious character will be left with wholly inadequate inspection arrangements. This is an entirely avoidable state of affairs which, if unaddressed, as I said in earlier comments, will affect approximately a third of the academy estate and represent a backward step from current inspection arrangements under Section 48 of the Education Act 2005. Can the Minister give assurances that she will bring forward proposals to address the omission I identify and work with the National Society for Education and the Catholic Education Service to bring forward proposals or pilots that address our concerns prior to Third Reading?

[Baroness Spielman (Con)]

My Lords, a substantial new chapter is being added to the Bill on Report by the Government’s Amendment 193, which provides for the inspection of multi-academy trusts. This has considerable significance for the regulation of all academies, and I must therefore make some wider points before I turn to Amendments 193D and 193E in the name of my noble friend Lady Barran, to which I have put my name. I must also declare my interest as a former Ofsted chief inspector who has advocated strongly for MAT inspection for many years.

Everyone is familiar with school inspection. For more than 30 years, this was unequivocally framed by government as a public accountability mechanism to defend the interests of children and parents. The very last strands of support activity were removed from Ofsted more than a decade ago so as to avoid any blurring. Published inspection judgments and reports with real consequences are a powerful regulatory force, precisely because they have real traction. This model has long been the subject of relentless hostility and efforts to undermine it by some within the sector.

But the law relating to school inspections has not kept pace with the evolution of sector structures over the past 20 years. The academy trust model, which now goes back 20 years, places legal responsibility for a school unequivocally with the trust board, not with a school-level governing body or an individual head teacher. Successive Governments chose to keep inspection to school level while evolving a separate regulatory approach for trusts. That separate approach broadly consists of private review within DfE of published and other data and periodic private discussion between each MAT and the DfE regulatory team, with escalation to Ministers where necessary. In the main, trust-level concerns are dealt with privately, except where the most serious failings justify terminating a funding agreement or acting against an individual. This mechanism is highly susceptible to producer capture of government —I know of more than a few examples—and it creates an imbalance; it feels unfair to many heads and those beneath them, as individual schools are publicly reported on.

There is also no clear dividing line between schools and trusts. Trusts may choose to centralise many activities, including the choice of curriculum, lesson planning, teacher training and professional development, assessment, pastoral approaches and behaviour policies as well as back-office functions. A centralised MAT with 60 schools will have around 15 inspections a year. In each of these, inspectors must ask questions about decisions, some of which are not taken at school level, to form a rounded view of the quality of education and safeguarding in the school. A judgment of school quality may have to encompass aspects that are not under the control of a head teacher, which of course feels unfair to those heads. The current model also makes it particularly hard for government to intervene when a MAT is slightly underperforming across the board but no one school is severely failing. All this makes clear that a refresh is sorely needed, and here I am only repeating what I have said publicly in the past. I genuinely welcome the Government’s decision to act.

Turning to the detail, Clause 193 in effect creates a skeleton containing the powers and obligations to put in a system of MAT inspection, but no policy proposals have been published to explain the set of purposes. MAT inspections may be purely to facilitate accountability to government and to justify inspections at MAT level. They may be intended to increase transparency for parents. They may be intended to function partly or entirely as a support mechanism for trusts. But we do not know. Nor do we know how they are intended to interact with school inspections, whose purposes have also become blurred. The Government no longer link defined consequences to overall inspection judgments, which I believe, and hear from many, has increased uncertainty and anxiety in the school sector.

The Government have also not clarified whether the policy purposes of school inspections have changed. I infer that true education quality is not the highest priority for the Government because they have accepted the current school inspection approach, which has startlingly removed all but a cursory scrutiny of education itself so as to make more time for specific government priorities such as attendance, belonging and now, of course, mobile phone policy enforcement. In so doing, government and Ofsted have intentionally, and in my view unwisely, made themselves blind to all the many ways that good education can be limited and compromised if school quality judgments are predicated too narrowly on outcomes. This watering down of school inspection makes it even more important that the MAT inspection model is well conceived, well defined, well understood and likely to be fully effective. It is also highly desirable for the judgments to be made independently of Ministers if they are to have the legitimacy that they need as a basis for government intervention.

That brings me to Amendments 193D and 193E. First, these amendments seek to ensure that the necessary work of consultation, piloting and reporting is done before the new sections are commenced and the full inspection regime begins. This period could be used to calibrate the range of judgments needed and the corresponding range of regulatory interventions, and to clarify the purposes. The thresholds also need to be tested against realistic system improvement capacity so that this can be allocated effectively.

Secondly, the amendments aim to create a coherent overall model that reflects the multi-level nature of MATs as well as the variety of organisational models that they deploy. One trust may operate in a highly integrated way, with all major decisions and the finances controlled centrally and local head teachers focused on effective implementation of the central model; another trust—including many of the faith trusts—may operate a highly devolved model, leaving most matters to heads and determining only aspects of faith-related provision and, perhaps, core administrative systems and processes. At the moment, there is only limited evidence on the relative effectiveness of different models, at least as far as I know. The trust inspection may generate some good evidence but, in the absence of stronger evidence, inspections should not force MATs into a particular operating model, as I know some fear.

Thirdly, the amendments ensure that inspection takes account of a MAT’s ability to manage schools efficiently, as well as their education quality and other direct child-facing aspects. This has the potential to simplify and to unify the regulatory arrangements for trusts. There are parallels with the model used in the Netherlands, which has structures similar to multi-academy trusts. There does need to be join-up in the regulatory system. It is hard for government to make and sustain decisions if it is getting conflicting messages from different strands of monitoring. I hesitate to say it, but overall judgments have their place.

Finally, I would value the Minister’s assurance that she will make it explicit that the conception of quality against which inspection is carried out should be grounded in a strong evidential foundation, in trusts as in schools, and that the regulatory framework should be revised whenever the accumulation of evidence points towards a change.

Children’s Wellbeing and Schools Bill

Baroness Spielman Excerpts

Wednesday 14th January 2026 Lords Chamber

[Baroness Spielman (Con)]

My Lords, I shall speak to the amendments proposed by my noble friend Lady Barran. We have heard from a number of Members of the House about the changes that this part of the Bill is making. A fundamental rebalancing of responsibilities in social care is being carried through in the pilots. It is putting much more on to the shoulders of less-qualified staff. The reforms are intended to streamline the system and manage rising costs but, as my noble friend has pointed out, there are many concerns from experts such as Professor Eileen Munro and from many practitioners about the implications of inexperienced staff finding themselves doing child protection work, which, paradoxically, could lead to more Section 47 investigations, not fewer, which was one of the aims of the reforms.

Taking one step back, the hypothesis behind the reforms was the idea that the social care system had become weighted too much towards individual children in isolation rather than children in the family context, and that more of the support available should be diverted to families rather than given to individual children. However, little account was taken of the profile of the children most likely to be in the care of a local authority. They include children with severe disabilities and special needs, often children who are most likely unavoidably to live in social care as adults. They are children whose parents simply do not have the capacity to manage at home, even with extensive support. Indeed, the strain of trying to manage a child’s needs has sometimes fractured parental and other family relationships. More family support and more kinship care is often simply not a solution.

Then we have to acknowledge that there are some children who simply do not have a decent parent nor any other decent adult in their family and realistically never will have. It is horrible, but true, that there are children who simply do not have a family member able and willing to give them the care, attention and love that they need. We have somehow to recognise and face this.

A substantial minority of looked-after children are unaccompanied migrant children, typically boys in their late teens. These children are not here because they have a dysfunctional family network that needs support and intervention by our social workers. They need help, but other kinds of help. There are, of course, risks to these children, and there are also risks to others from some of them.

Together, these kinds of children account for a substantial proportion of the social care caseload, yet the reforms that are being pushed through do not acknowledge their particular needs. For all these reasons, considering all these kinds of children, Amendment 17 in particular, which would defer carrying through the full reforms until the full findings from the pilots and pathfinders are published, discussed and understood, and any necessary changes reflected, is important. It would be unsafe to proceed.

[The Minister of State, Department for Education and Department for Work and Pensions (Baroness Smith of Malvern) (Lab)]

My Lords, creating new multi-agency child protection teams through Clause 3 is not, as the noble Baroness, Lady Spielman, suggested, about saving money; it is about bringing together social workers, police, health and education colleagues with experience in child protection to take swift and effective action that protects children from harm at the earliest opportunity. I hope that I will be able to respond to the points raised in this short debate, as we did at length in Committee and have continued to do since then through engagement, which noble Lords have acknowledged, including, in my case, directly with directors of children’s services.

Government Amendments 12 and 14 broaden the range of police staff who can work in these teams to include police officers and other police staff experienced in child protection. The need for this amendment arose as we talked more closely with the National Police Chiefs’ Council and the College of Policing to make sure that we were providing the scope for the correct representatives from policing to be on these teams. We are confident that this will improve front-line operational capacity through the right people with the right skills working in the team. Regulations will be clear that individuals must have appropriate levels of experience, seniority, qualification and expertise. I will come back a little later in my remarks to how we will ensure that those appropriate levels are delivered.

Noble Lords have heard me speak before in Committee—in fact, at some length—about the Families First Partnership programme, where we are investing £2.4 billion over the next three years to change the way that we help, support and protect children. One element of that—introducing new multi-agency child protection teams—brings a sharp focus to better multi-agency working, information sharing and decision-making. I therefore welcome the opportunity to address amendments relating to these new teams, to clarify what we are learning through the national rollout and how this will inform the future legislative framework on day-to-day operations.

I turn first to Amendment 6 in the name of the noble Baroness, Lady Barran, on the important matter of child protection for very young children in legal proceedings. Of course, as the noble Baroness identified, these are children who are widely represented in the system and for whom we need special care. However, Amendment 6 would require specific senior sign-off for the decision to end a child protection plan when proceedings have been initiated or care or supervision orders are issued for children under five. As I have outlined before, these plans should end only through a child protection conference, when multi-agency practitioners are confident that a child is no longer suffering or likely to suffer significant harm, and not automatically when proceedings are initiated.

I know the noble Baroness is concerned that children in these circumstances may fall between teams or services deciding whether staying at home will keep them safe from harm. I want to reassure her, and other noble Lords, that I am confident that reforming the system of family help, with new multi-agency child protection teams wrapped around, is about exactly this: making sure the whole system holds the safety and well-being of children as the number one priority.

I will now speak to Amendments 11, 13, 15 and 16, also tabled in the name of the noble Baroness, Lady Barran. These amendments focus on the operation and delivery of the new multi-agency child protection teams. Amendment 13 seeks to ensure that the new teams would operate within the existing statutory framework, Working Together to Safeguard Children 2023, and that these teams have sufficient access to health safeguarding expertise, specifically in relation to the NHS intercollegiate document, Safeguarding Children and Young People in Care: Competencies for Health Care Staff.

I reassure noble Lords that these teams, as part of the safeguarding partners, will absolutely be required, under the existing duties in Sections 16E, 16G and 16K, to comply with the expectations set out in the working together statutory guidance and local arrangements. We are working closely with health, police and local authority national leaders to ensure that practitioners in the teams have the skills, expertise and knowledge they need, or need access to, to deliver effective child protection interventions.

On the specific point about the police, I want to be clear that the intention of broadening the category, as we have done in the government amendments, would not suggest that a volunteer special constable would be suitable for one of these roles, but we could envisage police staff who would be appropriately qualified. In fact, as I have said, regulations will set out the requirements for the skills and qualifications, including police representatives.

The College of Policing’s professionalising public protection programme is developing resources to make sure that the police workforce has enough of the right professionals, with the right competences, qualifications and experience, to work in multi-agency child protection teams. There are good examples of police forces providing expert staff for child protection work: Thames Valley Police deploys experienced senior police representatives to its local multi-agency safeguarding hubs, including detective sergeant equivalents. They are decision-makers and offer expertise to support their police representatives at all levels. Thames Valley will take this approach to staffing multi-agency child protection teams as well.

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[Lord Sentamu (CB)]

My Lords, I too support the noble Baroness, Lady Barran, on her amendment. In the Church of England, we had trouble with giving and passing information—having ways of doing certain things. What most people have been looking for is practical outworking of these policies. As the noble Baroness said, people could give information, but more is needed than just that: they need to be empathetic and to step into the child’s shoes in order to say what needs to happen practically for that child. The passing of information is important, but there are other consequences. If the children being safeguarded feel that the system has still not caught up in its internal ways of working, we are going to fail those children yet again.

The Government are on to a good thing, but can they, through this amendment, recognise what needs to happen? At the end of the day, a lot of children, particularly those in care, need far greater attention and more resources. It will be helpful if the Minister, when she responds, explains the practical outworking of this. What are the expectations and how will we know that they have been delivered?

[Baroness Spielman (Con)]

My Lords, I will speak only very briefly. I express my most sincere thanks to the Minister for Amendment 21, concerning an information standard. It directly reflects an amendment that I proposed in Committee, which, in turn, drew on the work of Professor Sir Anthony Finkelstein in his capacity as adviser to the social care review steering group. I am delighted to see that provision and glad that the Government are taking the opportunity to introduce that power.

I express my support for the amendments proposed by the noble Baroness, Lady Barran, above all else that concerning the explicit use of the NHS number. Information sharing is hard. In the thematic and joint inspections we carried out at Ofsted—the joint targeted area inspections and the area SEND inspections—time and again information sharing came up as a theme. Whether we like it or not, data protection legislation has not made it easier to do that, so everything the Government can do to make it as straightforward and uncomplicated as possible in the situations where it is needed is deeply welcome. Therefore, I support the amendments, and Amendment 23 in particular.

[Lord Storey (LD)]

I will speak to the amendments in reverse order. We very much support having a single unique identifier. Unless the pilot of using the NHS number causes some unforeseen problems—we hope that that would not happen—we believe that it makes absolute sense to use the NHS number to link health and education. It is also important for children’s safeguarding: we need to know where they are, what is happening to them and when they change schools. It rightly brings added responsibility to schools, headteachers and governors.

We also believe that Amendment 19 is important. When there is a multi-agency approach, it is important that information and understanding are shared between different teams when cases are passed between them. This amendment rightly highlights the problem and comes up with a way forward.

Special Educational Needs: Investment

Baroness Spielman Excerpts

Wednesday 17th December 2025 Lords Chamber

[Baroness Smith of Malvern (Lab)]

The noble Baroness is absolutely right: there will be a small number of children for whom the excellent special schools that we already have—or, in some cases, additional spaces in special schools—will be the most appropriate way to support them. That is why the approach that we are taking with respect to the special school pipeline of free schools is to enable local authorities, which have responsibility for providing those places, to determine whether the funding is best used in mainstream schools or whether they need additional special schools to meet those exceptional circumstances that the noble Baroness talked about.

[Baroness Spielman (Con)]

My Lords, this announcement was part of a bigger announcement that cancelled many long-awaited new special schools. I would like to ask the Minister: what assessment has been made of parents’ views on whether their children’s needs are likely to be as well served in mainstream schools? What assessment has been made of the kinds of SEN provision and interventions that have real value to young people beyond just comfort and reassurance? What assessment has been made of the many types of SEN provision to determine what represents real value from a stretched public purse?

[Baroness Smith of Malvern (Lab)]

Actually, what happened in the special schools pipeline, as I said, was not the cancellation but a choice that was offered to local authorities over how to proceed with special and AP free schools. In making that decision, local authorities will want to ensure that the needs of parents are met. These are too often not being met in the SEND system up to this point, and that is precisely the reason why parents are so concerned since they have been struggling to get the provision that they need for their children under the previous system. In fact, 18 of the 77 projects in this pipeline were cancelled because no trust had been appointed for them and it would have taken, frankly, too long at a point at which we need more places with the specialist provision, either in mainstream or in special schools, for those pupils. We will be making quicker progress through supporting mainstream schools to provide those places so that there are more places more quickly for those children.

Dyscalculia

Baroness Spielman Excerpts

Monday 17th November 2025 Lords Chamber

[Baroness Smith of Malvern (Lab)]

I think I said that I completely understand that children who have difficulties in maths, including those with dyscalculia, will need support. My emphasis was on the action that the Government are taking to support those children, which is, I suspect, where both noble Lords are in asking this question.

[Baroness Spielman (Con)]

My Lords, I would like to understand from the Minister what steps are being taken to make sure that the conception of dyscalculia does not become far bigger than it should. We now know that much dyslexia was in fact the outcome of faulty early reading teaching. What efforts are being made to make sure that the emphasis is first and foremost on making sure that the curriculum and teaching are as good as they should be before anybody risks going near labelling a child and giving them a damaged conception of themselves?

[Baroness Smith of Malvern (Lab)]

I have just faced two questions that suggest I am avoiding the difficulties that might occur with labelling. I fall somewhere between these two points: I think it is important to be able to identify as early as possible children who have difficulties with maths, but it should not be necessary to name that or to get a formal diagnosis to make sure that the support the Government are putting in place, some of which I have already described, is available for that child as quickly as possible.

Post-16 Education and Skills Strategy

Baroness Spielman Excerpts

Wednesday 22nd October 2025 Lords Chamber

[Baroness Smith of Malvern (Lab)]

First, there is an increase in the number of apprenticeships that have started under this Government. Secondly, on the issue of the international baccalaureate, colleges and schools will continue to receive funding to provide courses, including the international baccalaureate. What they will not receive is the additional top-up that they have for the international baccalaureate, because this Government have made the decision to focus that on maths and STEM subjects, where people take larger numbers of courses. Prioritising those areas is a legitimate decision. Where the IB is being taught, there will be transitional support as the top-up is removed.

[Baroness Spielman (Con)]

My Lords, the White Paper places heavy emphasis on modularity and credit transfer as mechanisms to improve post-16 education. Has the Minister taken full account of the evaluation of the previous attempt, the qualifications and credit framework, brought in in 2008 and scrapped in 2015, and all the lessons that this should have taught us about the risks and important requirements for such a system?

[Baroness Smith of Malvern (Lab)]

I think the noble Baroness was welcoming the development of a more modular approach, supported through the delivery of the lifelong learning entitlement. Of course, we will want to look carefully at previous experiences, but we have a big opportunity here to increase both the prevalence of students who are able to go through a pathway to level 4 and 5 courses and the willingness of higher education institutions to work with further education to promote the possibility of that happening. As I say, we will learn from previous experiences in doing that.

Children’s Wellbeing and Schools Bill

Baroness Spielman Excerpts

Thursday 18th September 2025 Lords Chamber

[Baroness Bennett of Manor Castle (GP)]

The noble Lord, Lord Russell. There we are—promotions are good. It is a pleasure to follow the noble Lord, Lord Russell, even though he pre-empted one of my lines: imagine having on the front of every Bill a statement that says, “This complies with the UN Convention on the Rights of the Child”—what a step forward that would be.

I want to return to the comments made by the noble and learned Baroness, Lady Butler-Sloss, about listening to children—indeed, this is where the noble Baroness, Lady Blower, started us: nothing about us without us. The noble and learned Baroness referred to how important it is to listen to children. She said that children have really good ideas and a clear psyche. It is important that we follow Article 12 of the UN convention and ensure that we follow the right of children to be listened to and taken seriously. That is crucial for children’s mental health and well-being. The sense of agency really is important; a lack of that sense of agency is a problem across the whole of our society, but particularly for our children.

Turning that round, children have really good ideas. We are facing a polycrisis: we are exceeding our planetary boundaries and we are damaging our health with the state of our world. Children have ideas, with very clear sight of how to tackle those things—fresh ideas that we would all benefit from listening to.

On the specifics of the rights impact assessment proposed by Amendment 469, I will take us back to 2010. I declare an interest here that I was on the board of the Fawcett Society. In 2010, it took a judicial review over the lack of a gender impact assessment on the Budget that year. In the classic way of these cases, the Fawcett Society lost the judicial review but it won from the Government an acknowledgement that there should have been a gender impact assessment on various aspects of the Budget. Creating this right would force Governments to think harder to do the proper impact assessments that the noble Lord, Lord Russell, referred to. This could have real impact. It is not a panacea; it will not suddenly fix everything if we put it in the Bill, but it is an important step in ensuring that questions are carefully examined, not just brushed aside.

We have already heard from a former Children’s Commissioner, but I note that, in the last few days, the current Children’s Commissioner, Dame Rachel de Souza, carried out a national census of school leaders and found that schools are being left to plug more and more gaps. Children are not getting the right to the services that they should have and schools are trying to fill in the gaps. I refer to that because I suspect there might be quite a few people out there listening to our debate who think that Britain is a good, developed and successful country and that we must therefore be meeting all our obligations under the convention on children’s rights. But of course we are not, demonstrably.

Our very respected Joint Committee on Human Rights, chaired by the noble Lord, Lord Alton, who is not currently in his place, is starting an inquiry into the human rights of children in the social care system in England, having identified that there is a problem. I will cross-reference our recent debates on the Mental Health Bill—an attempt to deal with the needs of some of the most vulnerable people in our society. We have improved the law there, but there was broad agreement that we have not got the resources to deliver the improvement in the law. Ensuring that we are signed up to this convention is crucial.

I will briefly cross-reference an earlier amendment of mine which called for a place efficiency duty for local authorities. One of the less noted elements of the UN convention is Article 31.1, which states that:

“States Parties recognize the right of the child to rest and leisure, to engage in play and recreational activities appropriate to the age of the child and to participate freely in cultural life and the arts”.


An academic article in the Human Rights Law Review of June 2025 by Dr Naomi Lott sets out how we could deliver on that. This takes a global perspective, but it is still highly relevant to the UK.

My final point is a large one and takes a global perspective, thinking about where the world is today—this is particularly relevant in the light of a certain ongoing state visit. As the noble Lord, Lord Banner, says, signing up to the UN convention was done by the Thatcher Government. The principle of respecting human rights and the rule of law has been embedded in British society over decades. However, on a global scale, human rights and the rule of law are under threat like never before. Previously leading countries in defending human rights, to at least a degree, are now stepping out and expressing opposition to them. We often heard from the previous Government, and we hear from the current Government, a desire to be world-leading. Wales and Scotland have been world-leading here. It is time for England and Westminster to step up to the plate.

This matters terribly for practical reasons of human rights and the rule of law and impact assessments and all those things within the UK, but it also matters on a global scale if we are to be leaders and say that human rights and the rule of the law apply to all citizens. The noble Lord, Lord Meston, referred to the right of a child’s identity. As he was speaking, I was thinking of the Ukrainian children kidnapped into Russia and being denied their identity. We cannot stand up for this unless we stand up for ourselves on our own soil. This is a globally important debate, as well as crucial for the children of England.

[Baroness Spielman (Con)]

My Lords, I oppose Amendments 469 and 470. I recognise that they are proposed with the very best of intentions and at first blush sound wonderful, yet it is blindingly obvious that they would be likely to do more harm than good in practice. They embody a fundamental misconception that children have no real rights in the UK except to the extent that they are specified in supranational charters and conventions. This is simply not the case. We have a long and generally positive history of acknowledging and protecting human rights, including those of children, and recognising the ways in which children need to be treated differently from adults. We do an enormous amount to give children a voice.

I will turn to the negatives. First, the amendments would create a vast and costly administrative burden for very little additional value. The amendments specify that children’s rights impact assessments would have to be published for every single ministerial decision, including operational decisions. Scotland and Wales have been repeatedly cited as models to follow, yet it is genuinely hard to find ways in which children in Scotland and Wales are doing better than children in England and easy to find ways in which they are doing worse. I am afraid that the educational comparative studies, on record for all to see, show very big gaps. The impact of lockdowns was no less harsh for children in Wales and Scotland. All countries have experienced a spike in persistent absence post-lockdown. Whereas the latest persistent absence figure in England is 23%, when I looked it up a couple of months ago, in Wales it was 31% and in Scotland it was 37%. I may have got those two the wrong way around but one is 31% and one is 37%. It is not obvious that those two nations provide a clear example of why we should adopt this approach.

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In conclusion, these amendments are a defence of the rule of law. They would give teeth to the will of Parliament and would better equip the Secretary of State to ensure that the Government’s own policies are given effect. They seek to re-establish a proper chain of accountability. I ask the Minister to consider this proposal in the constructive spirit in which it is offered. It means a fix for a broken system, to restore parents’ trust, and that the law of the land is upheld in every school. I beg to move.

[Baroness Spielman (Con)]

My Lords, I will speak to my Amendment 502YM. I will echo some of the comments made by my noble friend Lord Jackson in relation to his amendment. I believe that my amendment complements the comprehensive final-stage procedure he outlined neatly.

Anyone who works in education knows how problematic dealing with complaints is becoming. Of course it is right that public bodies should have a complaints procedure, as is required by law. Of course dissatisfied parents should be able to complain to or about a school, and schools failing in their responsibilities should rectify their errors and omissions promptly. But the current system is complex and, in the main, giving satisfaction to no one.

I remind noble Lords that complaining to government is, typically, a fourth-line action after a series of stages. The first stage is attempting to resolve the issue with the staff member most directly involved, such as a classroom teacher; the second is escalating the issue or making a complaint to the head teacher or another school leader; the third is making a complaint to school governors; and the fourth is escalating a complaint to the local authority or the academy trust.

Yet the number of complaints to government has grown enormously in recent years, although there is not much evidence of a corresponding deterioration in the service offered by schools to children and parents. It seems likely that it is at least partly down to a higher propensity to be dissatisfied in a more fractious world. Furthermore, the use of AI enables parents to generate extremely lengthy complaints, which are time consuming to read, investigate and respond to. Safeguarding will often be invoked to ensure that a complaint is prioritised.

The various provisions in law relating to the consideration of complaints by national education bodies generally require that local routes have been exhausted. The expectation was that escalation to national bodies was a last resort for when serious concerns are ignored or mishandled by those more directly responsible. But, sadly, we see today an increasing willingness to escalate even relatively minor issues if the school’s response is anything other than doing exactly what the parent wants. When more serious concerns arise, such as those pointed out by my noble friend Lord Jackson, the sheer volume can mean that those more serious concerns are drowned out by the volume of very minor complaints.

Furthermore, the patchwork of law and regulation often means that any complaint must be considered in all the places to which it is sent. Each of the government organisations has a different purpose and will apply a different filter to determine whether it needs to act, but all of them must take the time to read and understand what are often long and complex documents, and often must check with the school to establish the facts. This is a huge burden on schools as well as being a wasteful model for government to operate, and it does not appear to be making parents any more satisfied. We need to reset the system and return to the expectation that the vast majority of complaints are considered and closed at local level.

My amendment therefore proposes that a single government complaints system is established, which can triage and direct complaints to the most appropriate body or reply to the complainant to say that there is no further action to be taken. There would need to be discussion about where this should be located. If it was desirable for such decisions to be made by those with substantial school experience, it might be located in Ofsted; otherwise, it might be a DfE team. Either way, the complaints and action taken should be recorded in a single database, accessible to all bodies with regulatory functions, including inspection, so as to minimise duplication, with all the burdens that that imposes.

Such a system should reduce the wear and tear on parents themselves—pursuing complaints is very damaging to parents in their relationships with schools—as well as the wear and tear on schools from protracted and inconclusive complaints processes. In short, this is a pragmatic amendment that would benefit almost everyone.

[Lord Storey (LD)]

I understand where these amendments are coming from. Personally, I have not formed a complete view about this. I understand what the noble Baroness is saying and I look forward to hearing the Minister’s reply, because there is an issue here and this is about how we handle that issue.

Education has become a successful business for the lawyers, to be quite honest. Dare I say, you only have to look at special educational needs, which lawyers and solicitors have made a lot of money out of. I declare an interest as my daughter is a solicitor. One also sees solicitors involved in school admission procedures. In some cases, that is a natural route to take, and I wonder about complaints—never mind the bureaucracy involved—if lawyers get involved in that side as well.

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I am not sure I totally agree with the amendment, but we recognise that certain groups have to have technology to take exams, even if others are expected to take them with a pen. I hope we will get a coherent answer on this, or at least a look at the direction of travel, because if we throw the baby out with the bathwater, large groups of our society will take a step back in their interactions not only with the education system but with most of modern society.

[Baroness Spielman (Con)]

My Lords, I have listened to a number of Lords speak movingly and wisely about the risks, concerns and things we need to guard against in the use of technology. I want to talk about the risk to learning itself. I have forgotten their name, but somebody recently wrote an excellent piece that illustrated this very vividly.

We all understand that when we send our children to school and when we teach them, the point is not simply for them to have a thing they can say they have done; it is the process that they go through that really embeds it and enables them to use that knowledge and those skills in future.

We have all seen it in the kinds of problems that have arisen with coursework. If a coursework essay or a homework assignment is produced for a child or university student by AI, then that child or student has not done the thinking, they have not learned what the assignment was set for, and the education will not achieve its purpose. There is a real risk at the moment that a lot of education in a lot of places is being quite significantly undermined because young people do not recognise that they are harming themselves by taking the shortcuts. Perhaps we have all been a little bit slow to recognise this risk.

There is a helpful distinction to be made here. I recently read a piece which distinguished between cognitive offloading and cognitive bypasses. The use of assistive technology, such as that which the noble Lord, Lord Addington, has referred to on occasion, might be described as cognitive offloading, where the point is to help the child with the additional challenges they are experiencing without losing the point of the lesson or what they are meant to be learning.

If we get to the point where the technology becomes a way of simply bypassing the learning, we are actually destroying education. The enthusiasm for technology—which has understandably invigorated us all; there are clearly tremendous opportunities—and the incredible energy and power of the tech firms, which of course concentrate immense efforts on Ministers to bring their products and services into schools, mean that there is a massive job for government to do to find that balance and to really understand the risks, not just around data and to children’s well-being but to education.

[Lord Tarassenko (CB)]

My Lords, I support Amendments 493, 494, 502K and 502YI, as someone with an interest in the use of educational technologies, including AI, both in schools and universities. I declare my interest as chair of the Maths Horizons project, funded by XTX Markets, which earlier this year reviewed the maths curriculum in England from five to 18, and briefly investigated the use of edtech to support the teaching of the subject.

I speak as a supporter of the deployment of educational technology in the classroom as I believe it can and should have a positive impact on the education of children, and not just in maths. But this must be done within a framework which protects children from its misuse. We must balance innovation in education through edtech with appropriate regulation. The regulations listed in subsection (2) of the proposed new clause in Amendment 493 would support the adoption of edtech in our schools rather than hinder it.

In this context, what has happened with chatbots based on large language models is a salutary example of the early release of AI products without proper safeguards, especially with respect to their use by children. Tragically, this week the parents of the American teenager who recently took his own life after repeatedly sharing his intentions with ChatGPT told a Senate judiciary sub-committee investigating chatbot dangers:

“What began as a homework helper gradually turned itself into a confidant and then a suicide coach”.


Ironically, we are now told that OpenAI is building a ChatGPT for teenagers and plans to use age-prediction technology to help bar children under 18 from the standard version. Sam Altman, the CEO of OpenAI, wrote in a blog this week just before the Senate hearings—and then coming to this country—that AI chatbots are

“a new and powerful technology, and we believe minors need significant protection”.

The risks associated with the use of edtech may not be on the same scale, but they are nevertheless real. In many cases, edtech products used in schools rely extensively on the collection of children’s data, allowing it to be used for commercial and profiling purposes. The recent report from the 5Rights Foundation and the LSE, which has already been mentioned, highlights that some popular classroom AI apps track users with cookies from adult websites and may provide inaccurate and unhelpful information. Most worryingly, a popular app used for educational purposes in the UK generates emulated empathy through sentiment analysis and so increases the likelihood of children forming an emotional attachment to the app. I therefore support Amendments 493, 494 and 502K, which together would ensure that edtech products provide children with the higher standard of protection afforded by the ICO’s age-appropriate design code.

In addition to the safeguards introduced by these amendments, there is a need for research to establish whether educational technologies deliver better educational outcomes for children. Most edtech products lack independent evidence that they lead to improved outcomes. Indeed, some studies have shown that edtech products can promote repetitive or distracting experiences with minimal, if any, learning values. By contrast, there is a growing body of evidence on the positive side that edtech can effectively support vocabulary acquisition, grammar learning, and the development of reading and writing skills for students for whom English is the second language, particularly when these tools are used to complement a teacher’s instruction.

To establish a causal relationship between the use of an edtech tool and a specific learning outcome, we need to design randomised control trials—the gold standard for demonstrating the efficacy of interventions in the social or medical sciences. Longitudinal data will then be needed to track student usage, time on task and completion rates. Crucially, the trial must have enough participants to detect a meaningful effect if one exists. This is unlikely to be possible using the data from a single school, so data from several schools will need to be anonymised and then aggregated to obtain a statistically meaningful result.

I am satisfied that Amendments 502K and 502YI would allow this methodological approach to be followed. Indeed, subsection (4)(c) of the proposed new clause in Amendment 502K would ensure that the code of practice enabled the development of standards to certify evidence-based edtech products and support the testing of novel products. This would provide UK- based companies with the opportunity to innovate in edtech within an appropriate regulatory environment.

As English is the lingua franca of the digital world, there is the opportunity for the UK to become a leader in edtech innovation and certification, for the benefit of children not only in the UK but in many other countries. These amendments should be seen by the Department for Education not as an attempt to overregulate the edtech sector but instead as a mechanism for the promotion of existing evidence-based apps and the development of a new generation of products, some of which may be AI-facilitated, using—no pun intended—best-in-class trial methodology.

Children’s Wellbeing and Schools Bill

Baroness Spielman Excerpts

Tuesday 16th September 2025 Lords Chamber

[Lord Storey (LD)]

I will pick up that last point, which was very incisively made by the noble Baroness, Lady Morris. My primary school was a two-form entry primary school. It was a popular school, and we wanted to increase the size to three forms of entry. The local authority initially said, “No, because if you do that, you’ll take children from the two other primary schools in the locality, which will weaken those schools”. At the time, I was a bit miffed about this, but I thought, “Okay”. The local authority said, “What we need to do is to build up the numbers and the esteem of those two other primary schools”, which it did very successfully. Then, guess what: it agreed that my school could become a three-form entry school.

It is not just about size; it also about schools working together. The noble Baroness, Lady Morris, quite rightly paid tribute to the role that the noble Lords, Lord Agnew and Lord Nash, played as Ministers in establishing multi-academy trusts. One area which has never worked, to my mind, is that you can have the headquarters of the multi-academy trust at the other end of the country. It has never worked for me that a multi-academy trust can have schools in Devon and Cornwall but also in the north-east. Where is that community feel about them?

The trouble with expanding schools is that you can get to a situation in which schools just want to grow and grow, because they get more money. They can get too large for the existing children and families. I think of the school that my wife worked at, a seven-form entry comprehensive which was allowed to increase its size to 11. It became completely unmanageable. As the noble Baroness, Lady Morris, rightly said, by taking children from one school, in many cases you are almost putting a close notice on that school. The way to deal with it is not by moving children or allowing schools to grow but by providing the resources and expertise and making that school popular, putting in real expertise to change its character and educational purpose.

I put my name to the amendment in the name of the noble Baroness, Lady Longfield, and I have also put an amendment down myself. Let us first understand the definition of a managed move. It is a permanent move of a child from one school to another for reasons not related to family relocation. It is important to put that into context and to remind ourselves that currently 1.49 million children are persistently absent from school and 171,000 children are severely absent from school.

The Who is Losing Learning? report of 2025 uncovered a deeply concerning trend; that

“for every child that is permanently excluded, 10 more invisibly move”

between schools or are off rolled entirely. These moves are unregulated and unmonitored, meaning that too often even the Department for Education does not know where or even if those children are being educated following a managed move.

Managed moves, when done correctly, can have great success for both the pupil and the school. That is why these two amendments, which are very similar, are so important. We need a fair access protocol to make sure that, when we carry out those managed moves between schools, we know how it is happening. I like the notion that the local authority should perhaps report on this—not creating more bureaucracy but just giving confidence to the system. I hope the Minister when she replies will tell us how important it is to get this right.

[Baroness Spielman (Con)]

My Lords, I support my noble friend Lady Barran’s amendments to Clause 56 and my noble friend Lord Agnew’s Amendment 454. I have heard much around the Committee this afternoon that is extremely important, but I think there are some wider points to make.

There are many romantic expectations of school admissions—that there is a perfect world in which every child will go to the school that they and their parents choose, in which every mainstream school can provide well for every child no matter how extreme their needs, and in which no child will ever cause harm to any other child or adult in a school. In this perfect world, the romantics expect children to be distributed perfectly evenly between schools on any measure by which we choose to analyse the population. But this is a dream, and chasing dreams rarely improves children’s experiences in the real world. Sadly, it is entirely possible that the extended powers to direct admissions will backfire, especially with policy pressure on local authorities to keep even the worst behaved children in mainstream schools irrespective of the consequences.

Consider a child for whom an LA is trying to find a managed move. If several schools decline to accept the child, it may mean that they are all shirking their responsibilities, or it may mean that they have correctly assessed that the child’s needs are too great for that school or any mainstream school to manage the child safely. One shocking case I saw as chief inspector related to a girl who was raped by a boy who had come to her school on a managed move and, worse, the receiving school had not been informed by either the LA or the sending school of the boy’s known history of serious sexual misconduct. No school should be levered into putting other children at risk in this way.

If the LA directs the child to one of its own schools, it still has direct responsibility for the child, but if it can direct the child to an academy, it has offloaded the problem, at least in part. There is an obvious incentive for local authorities to use this power to offload the most difficult children and leave academies to shoulder a disproportionate responsibility for the most difficult and even dangerous children, and to inflict the greatest risk on the other children and staff in those academies.

Let us also consider the point that, while a decision will relate to a single child, good schools also have to consider how many children with behavioural problems they can manage and support properly without destroying the very strengths that make them able to work effectively with such children. I have seen already how difficult this is for local authorities in the context of SEND. Local authorities control EHCPs, which name a school to which that child should be admitted. In theory, it is parents who choose that school, but in practice, local authorities have significant influence over those parent choices, and some local authorities have perhaps on occasion found it convenient to encourage parents to choose academies rather than maintained schools, or at the very least to not discourage them from doing so.

As a result, some popular and successful academies have at times found themselves facing real difficulties. I know of cases where local authorities expected a school to fill more than one-third of its year 7 places with children requiring intensive individual support, many of them for behavioural problems. This would have turned those schools into de facto special schools without the wider infrastructure and support that we expect of special schools.

It is in fact extraordinarily difficult for local authorities to be impartial between mainstream schools and academies. For this reason, I strongly support my noble friend’s Amendment 452ZA, requiring local authorities to act impartially between maintained schools and academies. It will still be difficult in practice, but the principle should be explicit in the Act.

Similarly, my noble friend’s Amendment 453A to Clause 56 and Amendments 457A and 457B seek to ensure that changes to school admission numbers are made in the interests of children and parents, rather than the administrative convenience of the local authority. Again, these decisions will always be hard and will never please everyone, but it is right and important that children’s needs are explicitly put first: otherwise, it is sadly all too certain that, with the shrinking birth cohort, some excellent schools will see their admissions restricted while mediocre schools carry on. My noble friend Lord Agnew’s Amendment 454 gives some protection to this principle. I hope the Government will see how unfortunate this would be and will take steps to guard against it.

[Baroness Barran (Con)]

My Lords, Clause 53 covers the role of schools in general and academies in particular in relation to pupil place planning. As we know, in the vast majority of cases, academies co-operate and fulfil their role in helping the local authority to meet its sufficiency duties, as the Bill says, so far as is reasonable. Clause 54 gives the local authority new powers to direct admission of individual pupils, despite the fact that those powers already exist for the Secretary of State to use within the funding agreement for all academies.

The policy notes say, slightly quaintly:

“Schools and local authorities’ interests may not always be aligned, and they are not expected to agree on all admissions and place planning matters. However, it is expected that they will behave reasonably and collaboratively, for example, considering the other party’s views, being willing to meet and discuss differences, and sharing information in a timely manner”.


All this is fine, but presumably the point of the clause is to get quicker decisions and to address a problem of academies apparently unreasonably refusing to accept these pupils. But where is the evidence that that is true? In the academic year 2023-24, there were just under 11,000 exclusions. Looking at the data on the department’s website for exclusions and suspensions, including repeat suspensions, one sees incredible differences, in the rates of permanent exclusion in particular, even in neighbouring local authorities. This is true for local authorities where almost all the secondaries are academies and for those where there are predominantly maintained schools.

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[Baroness Grey-Thompson (CB)]

My Lords, Amendment 502N, in my name, would insert a proposed new clause after Clause 62, which raises the issue of seclusion in education, particularly in the form of isolation rooms.

Isolation rooms have serious implications for the emotional and psychological well-being of children, especially disabled children and young people and those with special educational needs. This is a probing amendment that would introduce a statutory definition of seclusion. It would empower the Secretary of State to regulate its use through consultation. If regulations are made, my amendment requires minimum protections: banning seclusion as discipline, notifying parents, recording incidents and ensuring internal safeguarding oversight.

The experience of seclusion impacts too many children today—children with speech, language and communication needs—whose communication may not be understood, recognised or supported in that moment. Children with ADHD may find it hard to regulate strong emotions without timely support, and yet instead of being supported they are removed, placed alone and not free to leave, in rooms with such labels as isolation, calm, breakout room, nurture space or any other number of euphemisms. What they experience is seclusion, whether it happens in a locked room, a space with a closed door, or an area where the child is simply not permitted to leave. The impact is the same: a loss of connection and potential safety.

Disabled children and those with special educational needs are disproportionately affected. Some children are removed daily, and there is no guarantee that parents will be told. These experiences can be isolating, traumatic, and deeply damaging to a child’s sense of safety and belonging. Other sectors, such as healthcare and secure settings, already regulate seclusion and deprivation of liberty. Education should not be an exception.

The Department for Education acknowledged the issue in its 2020 guidance, but guidance alone does not close a legal loophole. This proposed new clause invites us to act thoughtfully and proportionately, to close a legal gap that has persisted for far too long. It is not a radical proposal. It is a proportionate, enabling amendment, grounded in evidence, shaped by lived experience and guided by the principle that no child should be left unsupported or invisible in the name of behaviour management. Seclusion happens in our schools, even if we do not call it that. This proposed new clause would not ban it but would give us the tools to see it, define it and scrutinise it. At the very least, we should agree that when a child is confined and not free to leave, we ought to know and we ought to care.

[Baroness Spielman (Con)]

My Lords, I speak in support of Amendment 502YF, proposed by my noble friend Lord Nash, and Amendments 502YV to 502YYA, proposed by my noble friend Lady Barran.

There has long been a lot of discomfort about permanent exclusions. No one likes the idea that there are children who cannot thrive in mainstream schools or who are too likely to harm others to be allowed to attend them, but last year’s youth justice statistics show 12,000 convictions of children for offences of violence, 3,000 for knife-related offences and 1,400 for sexual offences. Serious misconduct does not begin only once children have left school. There is also a lot of hope that keeping children in mainstream schools, no matter what they may do, will avert later criminality, but in fact excluded children are more likely to have come into contact with youth justice services before they are excluded than after. Because we have been remarkably successful in reducing the number of children in custody, there are more children with very serious behaviour problems in the school system who might once not have been there.

What I saw at Ofsted is that the vast majority of schools work extremely hard to keep children in mainstream schools. Relatively few exclusions are unjustified. Many parents, especially those with children who have been harmed by other children, believe that there is too much pressure rather than too little on schools not to exclude. The vast majority of exclusions are a culmination of a long period in which a school does all that it knows how to do to support a child and help them to progress academically and socially.

As a result, I believe that we have a problem of a different nature. Many teachers will tell you that it is often possible to spot the children who are most likely to fall out of school as early as reception year, or even earlier, but the pressure is always to keep them in mainstream schools, even when that school can do little more than warehouse a child with teaching assistants until this becomes manifestly unhelpful for the child and the parent succeeds in obtaining an EHCP and a special school place.

We do not start contingency planning for those children as early as we should and could, which contributes to there not being enough specialist provision. Even at the point of permanent exclusion, our laws and processes are focused on the legitimacy of the exclusion and the process that has been followed. What is not part of any of those processes is a pragmatic assessment of what kind of education to adulthood will give the excluded child the best chance in life, by which I mean reaching adulthood with basic skills in place, functioning within social norms, being willing and capable of holding down a job and, in the longer term, being capable of sustaining a marriage or stable relationship. The amendment proposed by my noble friend Lord Nash will help to concentrate minds on how best to do what it is in the power of the state to do to help excluded children to the best possible future.

My noble friend’s Amendments 502YV and onwards in this group would also help to direct attention appropriately. They reflect a pragmatic recognition of the circumstances in which the harm to other children from reinstating a child is likely to exceed the benefits to the excluded child of reinstatement. For example, it is well known that sexual offending tends to be a persistent pattern of behaviour, and I referred to one such case in an earlier group. I add that the bullying survey suggested by the noble Lord, Lord Storey, might be useful in showing how much fear and unhappiness can be induced in many other children by a very small number of their peers.

For many years, there has been a strong presumption that children should be reintegrated in mainstream schools as soon as possible after exclusion and policy and processes have been designed on this basis, but there is good data that shows that pupils who have been permanently excluded and returned to a mainstream school very rarely stay in mainstream to age 16. Nearly all will be moved into alternative provision subsequently, with or without another permanent exclusion, or drop out entirely. It would be useful to know what proportion of managed moves are in fact effective in the long run and which kinds of children and problems are most likely to be effectively dealt with in this way. My noble friend Lady Barran’s amendments, relating to a presumption against reinstatement for certain children, dovetail with my noble friend Lord Nash’s amendment to steer schools and local authorities towards constructive and realistic planning for the children with the greatest difficulties in their lives.

I echo some of the concerns expressed by the noble Baroness, Lady Fox. The last thing we need is more measures that could be weaponised and potentially cause more divisions in schools and society. When two young children fight, labelling the tussle as racially motivated may not help those two children get along and may in fact encourage factions in the class. Promoting and focusing on what we have in common and should value together is at least as important, and probably more important, than labelling and division if we are to achieve the social cohesion that we all aspire to.

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[Baroness Spielman (Con)]

My Lords, no one stands to speak here or anywhere else about SEND without preparing for a social media barrage from one direction or another. But unless we can discuss the underlying problems and tensions openly and honestly, there can be little hope of getting to a better place than we are in at the moment.

From the parents’ point of view, some are happy, but others say that theoretical entitlements do not translate into the support they believe their child needs. From the schools’ perspective, they are loaded with enormous expectations and have inadequate resources to meet them. From the funders’ perspective, eye-watering amounts of money are already being spent on SEND.

If you do the sums, the average household in England already contributes £450 a year just for the cost of the high needs funding block, on top of the other money it contributes for education. Yet local authorities, and behind them the taxpayer, must meet almost unlimited demand from this large but finite resource, with few levers to direct that resource to the activities where it will make the most difference.

As my noble friend Lord Gove said in a previous group, the SEND category has expanded and diversified to an extraordinary degree in recent years. Among other things, I think we are mixing up the children who have conditions that will always affect their lives with those who really only need some catch-up teaching or some extra encouragement, and who should be able to lead unimpaired adult lives. They are really quite different things.

Clearly, this situation cannot go on, and that explains the raft of amendments relating to SEND proposed for insertion after Clause 62, as the Bill does not contain any direct proposals for SEND. In aggregate, what I take from these proposed amendments is a hope that if only we can find a few more ways to extend and push harder, everything will be better.

There are certainly ideas that deserve attention within these amendments. We do need a national body for SEND, but what we need is the SEND equivalent of NICE: a body that collates and, where necessary, commissions evidence of the effectiveness of and value for money of SEND interventions, and that determines which treatments can be paid for out of the public purse and which cannot be justified. Someone needs to set and hold that line.

We need better join-up between schools and youth justice services. The noble Lord, Lord Carlile, has an alternative educational plan for children involved with youth justice that parallels my noble friend Lord Nash’s amendment discussed in a previous group. We have already pushed identification and labelling to the point where they may be doing more harm than good to some children at the margins. Even though a label may feel reassuring, it can also do real harm if it lowers the child’s own expectations of what they can achieve, or their teacher’s expectations of them.

Neurodivergence is a term that has no clinical definition. In essence, it invites people who do not meet clinical criteria and thresholds to self-identify into services and funding streams intended for those who do meet those criteria. The definitions that float around for neurodivergence often sound like most young people’s adolescent experience. I suspect there are few of us who did not feel awkward, socially inept, and often just out of things in that period of life.

Good schools understand the adolescent experience and work to make a culture and framework in which teenagers have the structure and encouragement they need for most to succeed and emerge into adulthood without ever needing to be labelled as abnormal, and reserving specialist support for those who really need it.

The Government must take great care not to create incentives to segregate children within schools into SEND and non-SEND categories. With very few exceptions, children with rare physical needs need to learn the same things, and cognitive science shows us that they learn in the same way, though some may need the learning broken down into smaller steps with more repetition and reinforcement along the way. Most children with SEND will do the vast majority of their learning in their mainstream classrooms. Concentrating on getting that core classroom experience right for all children, with a strong, coherent, well-sequenced curriculum taught effectively, must come first, because doing this well minimises the number of children who come adrift, which is never a pleasant experience for the child, and it enables the expert SEND practitioners to concentrate on those who will always need their help. If, for example, we expect SEND funding to be spent on things that are specific to children with SEND, those mainstream classrooms will be neglected and starved of resource.

I look forward to the Government bringing forward their reform proposals for SEND and to proposing amendments in this vein in due course.

[Lord Lucas (Con)]

My Lords, I very much support Amendment 502W from the noble Lord, Lord Carlile. We need a much better standard and a much better quantity of data in this area. We need to start with some clear understanding and definitions of the terms we are using. There seems to have been a lot of drift and expansion in definitions, and we need to get back to something that is clear, commonly defined and commonly understood.

Then we really need to understand what works for these children. We need to track what we are doing and when and why it works. This is a really complex area, so we will not get the answer out of small studies and small amounts of data. We need to track every child who has been fingered as SEND, and then we will get enough data to start seeing some patterns. Perhaps we can add other categories, such as young carers and those who are in care, where there are known difficulties with their education that are not associated with SEND but which may well share some common characteristics. If we get better at data, we will really start to understand how to do better by the children and work the cost down at the same time, and that is important.

I am with the noble Lord, Lord Carlile, in the spirit of some of the other things that he is doing but I hope that, if this amendment ever came to be enacted, there would be alongside it a recognition of the interests of the other children in class.

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[Baroness Ramsey of Wall Heath (Lab)]

My Lords, I speak in support of Amendment 502YG, in the names of the noble Baroness, Lady Morgan of Cotes, and other noble Lords. Your Lordships may well have seen the helpful briefing from the Natasha Allergy Research Foundation, of which I have the honour to be a parliamentary ambassador. For those noble Lords who have not had the chance to read it, I will share some brief highlights, given the hour.

Two children per class suffer from food allergies, on average. If your allergic reaction to milk, cheese, nuts or anything else triggers an anaphylactic shock, you need an immediate dose of adrenaline injected with an EpiPen, also known as an autoinjector. Half of all of England’s schools have not got one—that is 10,000 of them. Two-thirds of teachers have not had any formal training on what to do if a pupil suffers from an anaphylactic reaction or shock—and that is in the buildings outside the home where children are most likely to have an anaphylactic shock, unsurprisingly, since they spend six hours a day, five days a week, 38 weeks a year there.

I am confining my remarks on this amendment to the support of all elements relating to EpiPens and autoinjectors, but I support all of the amendment. Your Lordships can see from my comments that requiring all schools, not just half of all schools, to have an EpiPen and someone who knows how to use it has the potential to save lives and reassure countless parents that their children will be safe at school.

Your Lordships might be wondering why so many schools are completely unprepared for this sort of emergency. Schools have a vital day job to do. It is hard enough teaching maths to children who are not interested—please insert your own least favourite lesson if you happen to be a mathematics enthusiast—so is it fair to load this responsibility on to them as well? I gently say that all that is being asked at this point is that an EpiPen is in the school reception and that there is someone who knows one end of it from the other. I am not joking—I am afraid that there has been at least one incident of a member of staff injecting themselves with adrenaline rather than the pupil in shock.

Another argument which might be used against the amendment is that it is surely the responsibility of the pupils at risk to carry their own EpiPens and of their parents to make sure that they do. This is true, but I imagine that my noble friend the Minister agrees that it is not realistic to assume that every child will follow the rules every day without fail. The evidence shows that pupils are most at risk when they are 15 to 17 years-old, precisely the age when they are most likely to take risks.

I have spoken in this House on this issue before, as the mother of a now 17 year-old pupil who has suffered two episodes of anaphylactic shock. Yes, she has two EpiPens in her bag and yes, I try to make sure that she always does. But just like any other mother, I know that things do not always go to plan. I live with that fear just like so many others.

Shortly after my daughter’s first anaphylactic shock, 10 years ago, her doctor at the Evelina London Children’s Hospital, just across the river, asked for my phone after her emergency treatment. To my astonishment, he then took photos of my pale, limp and silent daughter as she lay in my arms. He explained to us that we should print out these photos and give them to her grandparents, her friends’ parents and anyone else who was a bit doubting that severe peanut allergy is really dangerous, and keep one for her first boyfriend in years to come, so that everyone who might have to treat severe allergies would understand that this is what can happen, and that the adrenaline in EpiPens is life-saving.

It is well worth requiring schools to keep them and for them to know how to use them. They save lives.

[Baroness Spielman (Con)]

My Lords, I will be fairly brief. I mainly want to commend the Government on the restraint that they have shown in this Bill in clauses relating to mental health and well-being.

Despite the Bill’s title, there is a welcome absence of clauses that imply that well-being and activities that promote it are separate from, or even antithetical to, good education. In reality, they are strongly correlated. For most children, well-being is a likely outcome of being well taught, well supported, discovering and developing their wider interests, and forming good relationships with peers and with adults—developing a sense of belonging.

Further, there is a growing recognition that spending too much time talking about mental illness to young people who are not ill can be counterproductive. We may need less mental health awareness training in schools, not more. For those advocating more universal mental health interventions in their amendments, I recommend reading the findings published by DfE earlier this year on the effectiveness of several school mental health awareness interventions. These tests of established programmes found that they did not reduce emotional difficulties in the short term, and in the longer term appeared to be associated with greater emotional difficulties and decreased life satisfaction.

Those who have been around in education long enough may also remember the evaluation of the then popular SEAL programme; I think it was “social and emotional aspects of learning”. This study of the programme, which was for primary schools, showed not only that the positive outcomes expected did not materialise, but also that there was an unwelcome side-effect in that, to paraphrase, it taught the mean kids to be better bullies, using the techniques of emotional manipulation that the programme taught them. These findings are a valuable reminder that sometimes less is more.

A word of warning: much of what is proposed in these amendments is hugely well intentioned, but I am particularly nervous about some of the ideas around measurement. If we do not want measurement processes in themselves to harm children, we should not collect data by constantly asking children who are not unwell about their well-being, and especially about their negative emotions. I have seen so many dreadful examples in schools where even very young children are constantly prompted to express emotions and invited to say that they are experiencing negative emotions. You can see the change; they start to believe they are sad or worried or afraid, where this had not even occurred to them. Nothing could fit the phrase “throw the baby out with the bath-water” more accurately than to make children unhappy through well-intentioned measurement processes.

I therefore urge the Government to prioritise advice from expert clinicians in this field and to allow schools to do only—

[Lord O'Donnell (CB)]

I will just say one thing. The noble Baroness mentioned all the things on which she has been able to talk about the evidence because there was data. I just remind noble Lords that this amendment is talking about one annual survey. It is not asking people every couple of minutes how they are doing, just to be absolutely clear.

[Baroness Spielman (Con)]

Children are very frequently surveyed from different directions; another one would actually add to an extensive load of surveys that they already complete.

The wider point is that there are many ways of measuring indirectly. If we want to measure, we should look for indirect routes that do not involve constantly asking children to self-assess. We should make sure that schools are doing only what is genuinely likely to be helpful for children. The Government should resist the urge to launch crowd-pleasing but ultimately wasteful or even harmful initiatives.

[Baroness Sater (Con)]

My Lords, I will speak in support of Amendment 472 and everything that has been said by the noble Lord, Lord O’Donnell, and my noble friend Lord Moynihan so passionately. I cannot agree more with what the noble Lord, Lord O’Donnell, just said.

I frequently touch on themes of well-being, especially with regard to sport, physical activity, mental health, inclusion and financial security. The term “well-being” means different things to different people. If we do not define and measure it consistently, we leave it to drift and risk missing the opportunity to improve children’s lives in meaningful and measurable ways.

We all recognise that young people today face mounting pressures, whether increased anxiety or reduced physical activity, yet we lack a consistent national framework for measuring how children are really doing—not just academically but emotionally and physically. That is why I look forward to hearing how initiatives like the Be Well programme are progressing. Be Well is an example of what can be achieved when universities, charities and local authorities come together to prioritise children’s well-being. It can offer valuable lessons on how data, gathered and shared sensitively, can inform targeted support and drive better outcomes. Anything that improves children’s well-being and strengthens the evidence base behind policy has my full support.

This amendment, as we have heard, proposes an annual, voluntary and confidential national survey. It would equip schools, local authorities and policymakers with the data they need to understand and respond to what young people are really experiencing. Better data leads to better policy and ultimately to better outcomes. Back in 2023, Youth Sport Trust chief executive Ali Oliver said that “fewer than half” of children in the UK meet the Chief Medical Officer’s guidelines for the minimum recommended activities. She said:

“This is contributing to a nation where too many children are missing out, have poor wellbeing and lack a sense of belonging. The evidence is clear: unhappy and unhealthy children do not learn”.


Well-being is closely linked to educational attainment. When children feel better and more supported, they are much more likely to engage in learning and reach their full potential. Understanding that connection and measuring it properly is vital.

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[Baroness Bennett of Manor Castle (GP)]

My Lords, first, I want to reassure the noble Baroness, Lady Fox, that the World Health Organization has a clear definition of well-being:

“Well-being is a positive state experienced by individuals in society … Well-being encompasses quality of life and the ability of people and societies to contribute to the world with a sense of meaning and purpose.”


So this is not about self-focus; it is clear that it is about people being in a position to contribute. The WHO goes on to say that a society’s well-being can be

“determined by the extent to which it is resilient, builds capacity for action, and is prepared to transcend challenges”.

Perhaps most of us can agree that that is something society needs to do much better.

I am afraid that I disagree entirely with the contribution of the noble Baroness, Lady Spielman. The noble Lord, Lord O’Donnell, said that the Dutch score particularly highly, along with Denmark, in the recent PISA figures on children’s well-being, and we score astonishingly badly. I was looking at a publication from a few years ago, The Dutch Way in Education. The publisher of that notes how the Dutch system measures not only academic achievement but also the well-being and involvement of students. I can reassure the noble Lord, Lord O’Donnell, that I have raised the study he referred to a number of times. I would like to raise it tonight, but in the interests of the Committee making progress, I will not. Every time we are told how much progress our schools have made, saying, “Look at the exam results”, I say, look at the state of well-being of our pupils. I say particularly to the noble Baroness, Lady Spielman, that if we measure only the exam results, that is what we are going to judge our schools on. That is what we have been doing, and it is what has got us into this position.

[Baroness Spielman (Con)]

Ofsted, where I was chief inspector, took personal development, including children’s well-being, very seriously; it was one of the judgments there. I have never suggested, nor would ever suggest, that academic outcomes were the only thing that mattered for children.

Children’s Wellbeing and Schools Bill

Baroness Spielman Excerpts

Wednesday 10th September 2025 Lords Chamber

[Lord Sentamu (CB)]

My Lords, the concern of those who have spoken against Amendment 427C in the names of the right reverend Prelate the Bishop of Manchester and the noble Lord, Lord Glasman, is, if I have understood right, around whether these pupils are being safeguarded. Proposed new paragraph (h)(iii) says

“where the institution demonstrates to the Local Authority that it provides the required safeguarding measures”.

That is important. If it did not say that, I would be joining those who do not want this amendment.

The noble Lord said that it is wrong to call these schools and to think that they are providing education, and that the education being provided is in home-schooling. In terms of safeguarding, the amendment is very clear: the local authority must be satisfied that safeguarding measures are in place. Therefore, for me, the arguments fall away because the drift of them was about whether there is sufficient safeguarding for these pupils.

Because the amendment is quite sensitive, I was not going to speak to it or support it. Having heard the arguments, I am persuaded that proposed new paragraph (h)(iii) answers the question. Therefore, I am bound to support this amendment.

[Baroness Spielman (Con)]

My Lords, I want to speak to this group of amendments on the poorly understood world of unregistered provision, including the types of religious institution that have had a lot of discussion already, as well as looking more broadly. I support two of the amendments tabled by my noble friend Lord Lucas—Amendments 427 and 427B.

Clause 36 is a constructive attempt to put sensible controls in place around the oversight of educational provision for children outside schools and colleges. It creates a wider category of independent education institution to supplement the narrower concept of an independent school. This is a complicated and messy landscape. I could draw out at least four strands—there are probably others—and they overlap. There are the alternative provisions, most often for children with severe behavioural problems. There is a huge patchwork of provision there. Some of it is registered and inspected, so it has a level of quality control, but much of the weakest is not, and there are no neat cut-offs.

A school puts two children in a volunteer-run community garden for one afternoon a week. That would be best viewed as part of the school’s educational model, and the school would be accountable for the child’s experience. However, if those same children are at the garden four days a week and are barely attending school, it is unrealistic to ignore the fact that the gardens become the children’s main source of education —though it is clearly an incomplete education—and that school registrations become a fiction, perhaps to avoid recording an exclusion.

It is often assumed that alternative provision is or should be a brief stint to prepare a child for reintegration into a mainstream school. However, the reality is that few children who move into alternative provision will successfully reintegrate. Hardly any such children take their GCSEs in a mainstream school. AP needs to be seen as a mode of education, not just as respite care.

Then there is provision for children with psychological problems, such as school refusal. Again, unregistered provision is often born out of excellent local initiatives. If a child makes use of such a programme for a short period as part of a plan to help them acclimatise to a suitable school, direct oversight might be overkill. However, if it becomes a de facto permanent placement, it has become that child’s main place of education and it needs to work to the same standards as other schools.

As has been touched on, there are programmes for children who are home-educated, including sports, music, art and other worthwhile activities. Parents are entitled to home-educate, and sports, music and art are all part of a rounded education, but, if an organisation is running five different programmes, one each day, and a child attends all of them, the reality is that, at that point, the organisation is best viewed in the round as having the characteristics of a school—or at least an independent education institution—in taking responsibility when parents are not present for a large part of the week. It is hard to see why such an entity should sit outside the legal framework that protects children’s education and safeguarding.

Finally, I need to talk about illegal schools. It is depressing that they exist, and even more depressing that some of them operate knowingly and intentionally outside the law. Ofsted has a small budget to investigate suspected illegal schools and to warn those that are outside the law that they must register with the Department for Education. It has successfully prosecuted proprietors of such schools, at least one of them twice; I should day that I do not think any of those prosecutions related to a Jewish-affiliated institution. Current legislation just is not equipped to deal with bad-faith operators. It dates back to a time when it was almost unimaginable that a school that had omitted to register would not do so when it was pointed out.

It has been extraordinarily easy for operators to sidestep the law. There is a kind of artificial separation. An operator running multiple illegal institutions, teaching the same group of children in one location in the morning then bussing them to another location to be taught in the afternoon, may claim that they are separate institutions and that neither reaches the threshold to be considered as a school, but, clearly, the reality is that it is a single school. That is why I support my noble friend Lord Lucas’s Amendment 427B. There needs to be a sensible ability to take a holistic perspective so that avoidance does not readily happen.

We have had a lot of debate about institutions that rely on the fact that children are not being taught subjects such as English and mathematics, but only an exclusively religious programme, to say that they are not schools. It is a shocking fact that there are British citizens reaching adulthood without the most basic education that they need in order to play their full part in British society and the workplace, if they choose to do so, as adults. They may not choose that, but pre-emptively taking away their capacity to do so should concern us deeply. It seems unreasonable that an institution that is part of such a model should want to be outside the scope of any meaningful scrutiny. We know from IICSA and from many previous cases that, sadly, a strong religious affiliation is not a guarantee that children will be completely protected from the kinds of harm that adults can inflict on them.

It is worrying that so many people do not want to acknowledge or discuss this problem and its tensions. There is widespread hesitancy to venture into sensitive areas linked to faith or ethnicity; we have seen this where other issues have arisen recently. I can see the temptation of offering an opt-out, as proposed by my noble friend Lord Lucas, yet I also know that the better path is to carry on working to try to find models that do a better job of reconciling the desires of a faith group and the important rights of children. I know that many of my colleagues, including my noble friends Lord Nash, Lord Agnew, Lady Morgan and Lady Barran, worked hard in their time in government to try to find those next steps and better accommodations. An opt-out is just not, in my view, sensible or workable. At the point when this country has become simply a patchwork of self-segregated communities, cut off from each another, there will not be much of a nation left.

I note that there is an evolving picture internationally around the same issues that we have been seeing in schools in England. As chief inspector, I talked to my counterparts in countries such as France and Sweden, which are seeing parallel trends. This is something that needs discussing, not just domestically but internationally. I believe that it is impossible—and, indeed, undesirable—to try to make tidy regulatory categories covering every kind of provision outside school. They quickly become obsolete, as would any micro-precise thresholds.

Overall, the extension of scope in Clause 36 is important and justified, but it is also important that the regulations that are made are clear and well understood, and that enforcement is adequately funded, with enough resource for Ofsted to carry on its investigatory work and for the DfE to act where it should. There has to be a high level of transparency about the work, to help stave off pre-emptive attempts to brand this difficult work as biased or unfair. We must carry on doing all that we can to make the intrinsically knotty subject matter here fully discussable.