Children’s Wellbeing and Schools Bill

Debate between Baroness Spielman and Baroness Bennett of Manor Castle

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.

Children’s Wellbeing and Schools Bill

Debate between Baroness Spielman and Baroness Bennett of Manor Castle

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.

Children’s Wellbeing and Schools Bill

Debate between Baroness Spielman and Baroness Bennett of Manor Castle

Tuesday 16th September 2025 Lords Chamber

[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.