Children’s Wellbeing and Schools Bill

Earl of Effingham Excerpts

Thursday 22nd May 2025 Lords Chamber

[Baroness Barran (Con)]

My Lords, I will speak briefly to Amendment 59, ably introduced by my noble friend Lady Cash, and Amendment 62 in the name of my noble friend Lord Farmer. The points made by my noble friend Lord Jackson of Peterborough about some of the risks with the consistent identifier are incredibly important to get right. Nearly all of us in this House support the introduction of a consistent identifier, but the points about data protection, privacy and malicious use that he raised, as well as a potential extension of scope, need to be resolved before it can be implemented safely at scale.

My thinking behind probing Amendment 59 in my name and that of my noble friend Lord Lucas was to ask the Minister—if she can bear it at this stage of the afternoon—to run through again how we think this will work in practice for the smallest organisations. In the last group, she set out clearly the non-statutory guidance around balancing considerations and recording information. It sounds straightforward when read out like that, but, as we know, it is more complicated in real life. We are expecting those very small organisations to input and hold data on a consistent identifier in a way that is secure.

I do not think previous speakers raised the risk of data hacking. We recently had concerns over the cyberattack on the legal aid database, where personal, sensitive information was stolen by the cyberhackers. Clearly, this is not the kind of thing that should happen with children’s data. What thought have the Minister and her team given to that?

Can the Minister also confirm whether the use of the single unique identifier has been tested with all types of practitioner? I think she mentioned the pilot in Wigan, but does that include the smallest practitioners as well as the largest, and what practical implementation lessons can be learned from that?

Amendment 62 in the name of my noble friend Lord Farmer—who cannot be in his place today—which was very well introduced by my noble friend Lord Jackson, is a small but important amendment. Noble Lords have referred to the terrible death of Victoria Climbié. I remember reading the report many years ago; if I remember rightly, eight different files were held on her, partly because she had lived in two local authorities and partly because her name kept being spelled differently, which was one of the reasons why the risk of harm to her was missed. That is an argument in favour of a consistent identifier, but information can still be inputted incorrectly, including numbers—we will have a debate soon on dyscalculia. It is a very serious issue, as is the point, which I had not thought of but should have done, about how malicious information that is shared and recorded could ever be removed. I look forward to the Minister’s reply.

[The Earl of Effingham (Con)]

My Lords, this has been an interesting and thought-provoking debate on an important topic: namely, how we use a unique identifier in the interests of safeguarding our children. Noble Lords have quite rightly raised some crucial questions for the Minister to answer, particularly relating to privacy and aiming to clarify His Majesty’s Government’s purpose in this clause.

We hope that the Minister will be able to shed further light on both the specific and broader issues. I believe Amendment 56, in the name of my noble friend Lord Lucas, and Amendment 63, in the name of my noble friend Lord Farmer, are both important as they seek to outline what should be in future regulations. We are interested to hear the Minister’s thoughts on these, and seek to clarify if the Government would consider publishing draft regulations during the passage of the Bill.

Similarly, Amendment 62 in the name of my noble friend Lord Farmer highlights the crucial issue of accurate and secure data collection, as well as the recording and storage of that data. I appreciate that technology has moved on, but many noble Lords will remember the child benefit data loss in 2007, the cyberattack and theft of data from the Legal Aid Agency only last week and the current disruptions from a cyberattack that one of our major high street retailers is facing. This is a real and present danger, which is only going to increase. The loose nature of the clause creates veritable and justifiable concerns.

On more specific issues, we are particularly interested to hear the Minister’s thoughts on Amendment 54 in the name of my noble friend Lord Farmer. Can she please give the Committee an example of a similar set of identifiers that is of general application? We also look forward to the Minister’s response to Amendment 59, in the name of my noble friend Lady Barran, which would, if accepted, allow this project to move forward on a much lower risk and much more affordable basis.

[Baroness Smith of Malvern (Lab)]

My Lords, I will speak to the amendments in group 7, tabled by the noble Lords, Lord Farmer and Lord Lucas, and ably introduced by the noble Baroness, Lady Cash. There has been consensus, once again, on a consistent identifier for children, also referred to as a single unique identifier, which has long been recognised as a powerful tool to improve information sharing across agencies. It featured prominently in both the Children’s Commissioner’s Family Review and theIndependent Review of Children’s Social Care, which described its potential to

“ensure that data can be easily, quickly and accurately linked”.

The reality is that, without a consistent identifier, professionals are forced to rely on a patchwork of variable data—names, dates of birth, addresses—all of which can change, be misspelled or be incomplete, as has been pointed out. This not only slows down the process but increases the risk of mismatches and missed opportunities to intervene early.

If we are serious about improving multi-agency working and safeguarding outcomes, then we must be equally serious about the infrastructure that underpins it. A consistent identifier is not a silver bullet, but it is a foundational step towards more integrated, responsive and effective support for children and families.

I recognise the spirit in which the amendments have been proposed and I will answer almost all the questions—in fact, I will be more ambitious and say that I will answer all the questions in my response.

Amendment 50 provides an opportunity for a broader —and welcome—discussion of the consistent identifier. This amendment, however, seeks to remove the provision for a consistent identifier for children, despite it being a clear manifesto commitment. I understand why that is the case.

I say in response to that probing amendment that we have deliberately made provision for the specification of a consistent identifier through regulations, rather than in the Bill. This allows us the necessary flexibility to pilot the use of the NHS number, for example, and to address the wide barriers to effective information sharing. I reassure the noble Baroness, Lady Barran, that we recognise in the piloting the need to ensure that this can be implemented for all organisations, including some of the small organisations that she identified, and we will test this through the piloting. Let me be clear: we will proceed only when we are confident of the benefits, costs, security, and governance of such a system.

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[Lord Addington (LD)]

My Lords, I will speak incredibly briefly. My noble friend has supported this and, having listened to the debate, I am absolutely convinced that she is right. I hope the Government will give a positive answer.

[The Earl of Effingham (Con)]

My Lords, this has been a valuable discussion, and I thank all noble Lords for their insightful and knowledgeable contributions. Child contact centres do indeed play an integral role in allowing parents to see their child in a safe environment for both parties involved. They allow parents not only to see their children, which is precious, but can act as a service to reconnect following significant time with no contact. Wherever safe and possible, parents should be able to see their children, and child contact centres allow this to happen.

Amendment 65 seeks to introduce regulations on child contact centres to ensure that they are accredited as regards safeguarding and prevention of domestic abuse. Child contact centres appear to be mostly under the umbrella organisation, the National Association of Child Contact Centres. This is a charitable organisation and, while these regulations appear sensible, we are concerned about the ongoing cost of implementation and structure. It would require inspections to take place, which would be a further financial burden, requiring additional staff to ensure compliance with these standards. We know that charities are already under pressure from increased national insurance contributions.

Of course, we respect the views of the noble Baronesses, Lady McIntosh, Lady Finlay and Lady Burt, and the noble Lord, Lord Meston, and we absolutely agree that these child centres should operate as a safe and enjoyable place for children to play, but we believe that this amendment has the potential to act as a regulatory burden on those very charities that are providing the service.

[Baroness Finlay of Llandaff (CB)]

I slightly question the noble Lord’s assumption that inspection would be required at the level that he has outlined. Very often, you have a very caring parent who is extremely worried about the welfare of their child or children, who is then having contact with another parent about whom there has been a great deal of concern. If that very caring parent finds that the contact centre to which they have been referred has not had mandatory training—and I would expect them, in this day and age, to look up on the internet details about the contact centre on its website—they are likely to raise a complaint early, and waiting until there is a formal inspection may be too late. The problem is that, if we do not require training and set some standards, it becomes extremely difficult for a court determining what is to happen to a child to be able to go in-depth and know whether its recommendation and judgment are going to be in the best interests of the child.

So I respectfully slightly challenge the noble Lord over that and suggest that other people, such as grandparents and aunts and uncles, who are very concerned too about what will have been a tragic situation in their family, would be very likely to check out whichever contact centre it is and would want to know the standards that should be there—because they can see whether they are happening or not. A bit like the Care Quality Commission doing spot checks on hospitals, that is how they will get the data: not through a formal inspection. So identification of problems could emerge if this is written into the Bill.

[The Earl of Effingham (Con)]

I thank the noble Baroness, Lady Finlay, for her intervention and contribution. It was very interesting to hear the noble Lord, Lord Meston, say that a lot, if not all, of the contact centres are accredited. According to the NACCC website, there is DBS checking and there is provision in place. I take on board what the noble Baroness is saying, and that is why we are having this discussion—to get everyone’s views aired and come to an agreement.

[Lord Meston (CB)]

My Lords, just to add to what has just been said, my understanding is that accreditation depends on the centre having been approved by the national association, and that accreditation lasts, I think, for three years.

[Baroness McIntosh of Pickering (Con)]

On a point of clarification, I can confirm to my noble friend that what we are asking for, and what we asked for in the earlier amendment, is proper training and management, so that in those cases—perhaps only one a year, but to me that is sufficiently important—of domestic abuse that present to a child contact centre, the volunteers will be properly trained and will be able to manage the situation. It is not a case of inspection and increasing fees; it is giving them the confidence so that they know how to deal with that situation.

[The Earl of Effingham (Con)]

I thank my noble friend Lady McIntosh for her intervention and I very much look forward to discussing this further.

[Baroness Smith of Malvern (Lab)]

That last intervention from the noble Baroness, Lady McIntosh, was very interesting and useful in helping us through this amendment. There is absolute agreement about the need for contact centres, given the very important work that all noble Lords recognise they have done, also to be able to safeguard in the sorts of circumstances that she outlined. The question is whether that is most appropriately done through the provisions in this amendment, which would require all child contact centres to be nationally accredited and regulated by the Secretary of State and all staff to undertake specific training on safeguarding and domestic abuse. I hope I can provide some reassurance and outline why it is not necessary in this case for the Secretary of State to undertake the regulation and accreditation in the way that the amendment—if not the way it has been introduced—suggests.

We recognise the enormous importance of child contact centres in enabling children to spend time with a non-resident parent in a safe environment and the important work of the National Association of Child Contact Centres, which accredits centres across England and Wales and ensures high standards among its members via its national standards, which cover points such as risk assessments, safeguarding and hearing the voices of children. As the noble Lord, Lord Meston, identified, Research into Safeguarding Processes in Child Contact Centres in England, commissioned by the Ministry of Justice and completed in 2023, identified limited evidence of unaccredited centres. In other words, most centres are accredited by the National Association of Child Contact Centres.

Here we come to the crux of whether there are ways of ensuring that children can be safeguarded in those circumstances. Since the 2023 review and report on child contact centres, which some noble Lords have referenced, the Ministry of Justice has worked with the National Association of Child Contact Centres to consider where action can be taken. The national association has now introduced a mandatory coercive control training course for its members and has reviewed and updated its national standards to take account of the findings of the report. It has also revised materials such as its risk assessment template. Additionally, the Ministry of Justice has established a child contact centre forum with representatives from across the family justice system to discuss the issues facing the sector and its role within the system.

In addition, as we have heard, in private law cases judicial protocol guidance, endorsed by the President of the Family Division, encourages judges and magistrates to refer families to NACCC-accredited centres only. This limits the extent to which unaccredited centres are used. We are becoming increasingly confident that NACCC accreditation delivers the protections that people rightly want to see and that there are very few unaccredited centres.

This amendment, however, would mean that there could never be any unaccredited centres. It is worth saying that there are limited circumstances in which unaccredited centres might be used. This could include, for example, unaccredited centres for specific and short-term purposes because of the individual circumstances of the case. One example might be when a child has a foster care placement some distance away from the nearest accredited contact centre; rather than requiring the child to travel a significant distance to undertake contact, the local authority might assess it to be in the child’s best interest to remain at a location closer to their home. However, in doing that—when considering child contact with parents and children—the local authority must ensure consistency with safeguarding and promoting the child’s welfare.

Assistive Technology

Earl of Effingham Excerpts

Tuesday 20th May 2025 Lords Chamber

[Baroness Smith of Malvern (Lab)]

My noble friend is right. I made the point about the training provided to SENCOs, which means that there is capacity within schools to make sure that all teachers have an understanding of the potential uses of assistive technology and that the SENCOs are able to focus particularly on those children identified as needing it. There is always a problem when you focus on those new to the profession, but I am sure that they will bring renewed knowledge and enthusiasm that others in the staff room will be able to benefit from.

[The Earl of Effingham (Con)]

My Lords, as the noble Baroness, Lady Kidron, said recently, there is very good evidence that those with disabilities or special needs benefit from edtech. One has to look only at Orchard Hill College, one of south London’s largest SEND schools, which received its third consecutive outstanding Ofsted rating, with inspectors praising assistive technology. In government two years ago, we set up the assistive technology test and learn scheme in 151 schools across the country, with really positive feedback results. Will the Minister confirm that her Government will continue what was widely recognised as an excellent initiative?

[Baroness Smith of Malvern (Lab)]

The noble Earl is right that that research—which, to be fair, happened under the last Government—is an important basis on which we can now expand the ability to use, and improve the use of, assistive technology across schools and education. That research has identified the barriers in the system and the opportunities to address them. It is why, as I have already said, we will be able to expand workforce training, improve connectivity and facilitate better multiagency working. We will be publishing research on that later on, in the summer. I think those things will make a genuine difference to assistive technology users across the country.

Children’s Wellbeing and Schools Bill

Earl of Effingham Excerpts

Tuesday 20th May 2025 Lords Chamber

[Baroness Andrews (Lab)]

The noble Lord has made an important and timely intervention about the focus of the Bill, which is indeed on children. It is the first Bill of its kind that has the phrase “well-being” in its Title. He reminded us why we are here.

In the context of the debate we have been having across the House about the nature of this debate, and about Second Reading interventions that would more appropriately be presented as amendments, I say to the noble Lord that there is a series of amendments that we could get on to quite quickly and which would give us the opportunity to discuss the child at the very heart of improved systems of engagement and communication about the future of children, in the context of childcare services and the family. The next two groups of amendments give opportunities for the whole family, in a new way, to be engaged in determining the future of the child in the extended family, rather than in institutions or by way of administration.

These are very important debates. They require and invite a long and a proper discussion in the Committee, and many people would want to contribute. It would be welcome if we could now hear the Minister wind up in response to this general debate and could get on to these amendments, where the noble Lord’s concerns would be properly displayed.

[The Earl of Effingham (Con)]

My Lords, perhaps I could make a small contribution. This is about a purpose clause. It is a broad amendment, and noble Lords are speaking to the amendment, whether that be proposed new paragraphs (a), (b), (c) or (d). It is on the Marshalled List and has been checked with the Clerk of Procedural Practice. If it were not right and appropriate, it would not be on the list today. So all contributions from all noble Lords are welcome, whatever their contribution might be. There are noble Lords in your Lordships’ Committee who still wish to make a contribution, which they will keep as brief as they can. The amendment is on the Marshalled List.

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[Lord Hampton (CB)]

My Lords, I will speak very briefly to Amendment 8, to which I have added my name. In this, I declare that I am one of the school of qualified teachers in this Chamber. I am also a kinship carer of twin 13-year-olds.

This is a very small but important amendment. As we have heard, the Bill attaches great importance to family decision-making. I recently had a cup of tea with my noble friend Lord Laming to ask his advice about the Bill. Sadly, he is unable to take part, but if there is one person in the House who is an absolute expert in this field, it is he. His concern—which I share, having been in decision meetings that have gone wrong—is that a badly handled meeting can do more harm than good. The wrong timing of a meeting, the participants not realising the aims or bad chairing can lead to a breakdown of trust and irreparable harm being done to a child’s future. This amendment goes a long way to making sure that the importance of an FGDM meeting is acknowledged, with the fact that it can be facilitated only by an independent, suitably trained person, and I urge the Government to accept it.

[The Earl of Effingham (Con)]

My Lords, I will speak to Amendment 3 in the name of the noble Baroness, Lady Stedman-Scott, which I have co-signed.

Family group conferencing was born out of the Children, Young Persons, and Their Families Act 1989 in New Zealand, whereby families became key participants in a process of decision-making. Family group conferences are now used in approximately 30 countries worldwide and in at least 22 countries in Europe. Indeed, research has shown that children whose families were referred to a family group conferencing at the pre-proceedings stage were significantly less likely to be in care 12 months later than those whose families were not so referred. This should not be a surprise to your Lordships, as such preparation and discussions offer a compelling opportunity for families to come together and unite around important decisions for their child, which has the benefit of making that child feel loved and wanted, as well as the ability to address with professionals any glaring gaps in the child’s well-being.

Amendment 3 is a simple amendment that seeks to extend the right to family group decision-making meetings to children aged 16 and 17. It is surely important that we allow children who are on the brink of adulthood to take part in decisions that could materially affect their lives. That would appear to be eminently sensible. At the age of 16, a child can agree to their own care plan, so by that very same logic it is fair and reasonable that they are involved in the family group decision-making process. This is a family-led process and is absolutely essential in keeping children with their families where possible. We should be avoiding at all costs children going into care; that should be the absolute last resort. So, allowing 16 and 17 year-olds to share their voice and their opinions would ensure that this process is as child-focused and effective as it can be. It is essential that family group decision-making is done right, and ensuring that older children are able to contribute would be an extremely positive step in that direction.

I am very pleased to see that I believe this sentiment is shared by the noble Baronesses, Lady Armstrong, Lady Longfield and Lady Drake, with the amendment tabled in their names. Proposed new subsection (7A)(c) in their Amendment 12 seeks to achieve what the noble Baroness, Lady Stedman-Scott, and I are aiming for, and we very much hope there will be cross-party support from other noble Lords on this important foundation stone.

Amendments 7, 8, 9, 10 and 11, in the name of the noble Baroness, Lady Armstrong, seek to set out key principles when implementing the family group decision-making process. Amendment 7 seeks to ensure that there is a process that accompanies these meetings. It is important that they are not isolated events but that instead the process is child-led and includes the family throughout.

Amendment 8 is similar in spirit to Amendment 5, in the name of the noble Baroness, Lady Barran, which will be debated later, so I shall only briefly touch on the issues, but we absolutely agree with the noble Baroness, Lady Armstrong, that a trained co-ordinator would prove an excellent addition to the family group decision-making team.

Amendment 9 rightly notes that an essential part of a proposal regarding concerns about a child’s welfare is the implementation of the proposal so that the best outcomes for that child can be put in place.

Amendments 10 and 11 seek to ensure that the parents or those with parental responsibility for the child, rather than the local authority, agree as to who may attend the family group decision-making meeting. It is important that those who know the child ensure that the relevant voices are heard.

Amendment 19 in the name of the noble Baroness, Lady Barran, with its proposed new clause after Clause 1, aims to ensure that there is proper oversight of the child protection plan if a child under the age of five is subject to care proceedings. It is of critical importance that the matter of the child having been significantly harmed or being at risk of the same is kept in view given the general length of proceedings and the risk of harm during them. Many local authorities discharge the child protection plan and associated formal processes when the proceedings are issued; the child’s care also often moves to the court social work team. Many of these children are living with the parents where the harm, or risk of it, is happening, and this is why they must be protected during proceedings, which run on average for 52 weeks. Their protection and arrangements for formal monitoring must be maintained at all costs. Indeed, the risk to the child might actually be raised during proceedings given the pressure on their parent or parents.

We acknowledge that this amendment has a potentially arbitrary cut-off, but it does cover preschool-age children, who all too often have been the subject of serious case incidents, when the tragedy of a child losing their life or being seriously harmed has occurred. This amendment aims to be the grit in the system that ensures that a senior, fresh pair of eyes looks at such cases to ensure that a child protection plan is not ceased without their approval.

Regarding specific amendments concerning child attendance at these meetings, set out in Amendments 13 and 14, we regret that we do not support proposals that would permit children to attend these meetings. Of course, as we have heard from the noble and learned Baroness, Lady Butler-Sloss, and the noble Baroness, Lady Longfield, the voice of the child is crucially important, but we are concerned that the attendance by the child could potentially be traumatising, create a sense of rejection and constrain necessary conversation. This must be child-centric and the child must be heard, but possibly not in these meetings.

Amendment 18 in the name of my noble friend Lord Farmer seeks to ensure that the changing needs of the child are considered throughout childhood. It is important to recognise the changing family landscape and, as such, this amendment is a sensible one as the “family network” may be able to support the child. If that is possible, the local authority should take action so that the child can benefit from such support as and when it becomes possible.

In conclusion, family group decision-making has tremendous potential to transform outcomes for vulnerable children, but only if we achieve the scope and implementation correctly. We urge careful consideration of these amendments to ensure that this promising approach will deliver on its full potential.

[Baroness Smith of Malvern (Lab)]

My Lords, perhaps I might say how both interesting and informative I found the contributions on this group of amendments. It is something to be in this House and be able to hear the experiences of those, like my noble friend Lady Armstrong, who has experience as a social worker and a long history of campaigning and policy-making in this area, my noble friend Lady Longfield, who, of course, was an important and impactful Children’s Commissioner, and the noble and learned Baroness, Lady Butler-Sloss, who just gave us a small exposition of the enormous experience that she has in this area—and many others, as well, who have made important points.

Children’s Wellbeing and Schools Bill

Earl of Effingham Excerpts

Tuesday 20th May 2025 Lords Chamber

5: Clause 1, page 1, line 10, at end insert—
“(1A) The family group decision-making meeting, or meetings, must follow an evidence based approach including the appointment of an independent and suitably trained coordinator, including in relation to domestic abuse.”Member's explanatory statement
This amendment seeks to ensure that family group decision-making meetings follow an evidence based approach.

[The Earl of Effingham (Con)]

My Lords, I am delighted to speak to Amendment 5 in the names of the noble Baroness, Lady Barran, and the noble Lord, Lord Farmer, who has considerable experience in this subject. It is similar in purpose to Amendments 7, 8, 9 and 11, and we need to follow key principles to make sure that the family group decision-making model is implemented effectively. The LGA said in its written evidence to the Bill Committee in the other place:

“It would be helpful to make clear in guidance the elements of the model that make it particularly effective so that these can be built on locally”.


As we have heard from other noble Lords, the Family Rights Group is very experienced in this area, and there is considerable evaluation and evidence which needs to be followed, so that the meetings are seen as safe and trusted by families and do not inadvertently become seen as heavy-handed state intervention. I would be grateful if the Minister reassured the Committee about how cases involving domestic abuse will be handled, since there is clearly the potential for coercion of the adult victim and other family members.

The other issues have been picked up by the noble Baronesses, Lady Armstrong and Lady Longfield, such as the importance of having an independent co-ordinator who receives proper training. We should not underestimate how skilful a job this is.

The Family Rights Group has been clear that there needs to be private family time, and the meetings must avoid introducing any ambiguity into the local authority role. They need clarity to help families make decisions to provide care and support.

We look forward to the contributions from all noble Lords. I beg to move.

[Lord Farmer (Con)]

My Lords, I added my name to this amendment in the name of my noble friend Lady Barran because I am also deeply concerned that children benefit from the right level of expertise in the family group decision-making process. I have already mentioned Eileen Munro’s commentary on the Government’s reforms in the Times yesterday, where she warns against the shifting

“of child protection responsibilities to less-qualified family help workers. Although they offer support, many are not trained to detect hidden abuse such as psychological harm or coercive control. Supervision by overstretched social workers is no substitute for expertise, especially with workforce shortages and rising caseloads”.

These comments, although focused on a different part of the child safeguarding system, also seem highly relevant here. Bringing together family members and others who are important in the life of a child means engaging with a family system that can be highly complex.

Many here will remember the case of Shannon Matthews from West Yorkshire, a few months after the huge publicity following the tragic disappearance of Madeleine McCann. In February 2008, nine year-old Shannon was reported missing. She was eventually found in a house belonging to an uncle of the boyfriend of the kidnapped girl’s mother. The kidnapping was planned by Shannon’s mother and her boyfriend to generate money from the publicity and the sizeable reward, which her mother planned to split with the uncle when he “found” Shannon and took her to a police station.

Perhaps noble Lords are already very confused about these family arrangements, and there is no doubt that the protagonists at the centre of this case were highly unusual. I am not sure whether Shannon’s mother would have been offered a family group conference, not least because of the involvement of other family members in the crime.

When the police initially investigated Shannon’s disappearance, they had to look first at the extended family. What they found was such a complex web of interrelationships, such as children of different fathers in the same family and the same fathers in different families, that they described Shannon’s extended family tree as a bramble genealogy.

To reiterate, this was a highly unusual case, but it illustrates that kin altruism cannot be assumed. Those with a biological relationship to a child may not be committed to a child or be best placed to discuss the sensitive issues inherent in family group decision-making. The Bill already and quite rightly gives the local authority discretion not to offer family group decision-making in extreme cases, but even in dark family situations, very often there will be responsible, kind, dedicated family members who want to act in the child’s best interests. However, there will also surely be many times when it is not clear where family dysfunction begins and ends.

Those involved as family group decision-making co-ordinators must, as my noble friend’s amendment says, be independent, trained and experienced. They need to be able to spot signs of potential psychological harm or coercive control. They are a key last line of defence against future harm coming to vulnerable and traumatised children.

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[Baroness Smith of Malvern (Lab)]

The fifth group we are debating comprises only one amendment, but we have had some useful contributions. However, quite a few of the arguments that I would make in response to this group were those that I made earlier in response to the amendments tabled by my noble friend Lady Armstrong on the need for evidence-based practice and on the use of proven approaches such as that of family group conferencing. I will repeat some of the points I made and respond to some of the particular issues that have arisen.

On the last point raised by the noble Lord, Lord Agnew, I do not know the extent to which we have reviewed the experience in Scotland, but as we discussed earlier, we have looked extremely carefully at the research carried out by Foundations that we talked about earlier and the recommendations and approach that it brought forward.

I agree with the intention behind this amendment that we should ensure that family group decision-making follows an evidence-based approach and is co-ordinated by trained facilitators. That is very important, and I liked the intervention from the noble Lord, Lord Storey, on this point about qualifications, and in this particular context he has identified a little discrepancy in the position of some noble Lords opposite.

The noble Earl, Lord Effingham, refers to the LGA saying that it thought that we should make it clear in guidance what that evidenced-based approach is. I wholly agree with him and the LGA, and that is why we will use statutory guidance to set out clear principles of practice, building on the evidence from successful models, such as the family group conference approach, to ensure that all families are offered quality family group decision-making. That includes people being trained to do it.

On the point about independent co-ordination, I made the point earlier that while I think that in the vast majority of cases it is right that there is independent facilitation, there might be circumstances where the family want the process to be run by a social worker who is somebody they have a very strong ongoing relationship with.

On the point about private family time, it is obviously an important potential part of the process that the family have the opportunity together, with appropriate preparation, to consider what would be appropriate for them, but here as well there could be circumstances—the noble Earl, Lord Effingham, referred to the issue of domestic abuse, for example—in which it would not be appropriate to leave only the family to lead that decision-making if there were fears that there was a dynamic within the family that perhaps made it important for there to be somebody else as part of that process. I think people could envisage a situation in which that happened.

This is not to say—I think this charge was made earlier —that the Government take a laissez-faire approach to the way in which family group decision-making is developed. We do not want to see a thousand flowers bloom, as was suggested by my noble friend Lady Armstrong earlier on; we want to see the right evidenced-based flowers blooming. In order to make sure that is the case, we will be very clear in the statutory guidance about the approach that needs to be taken when organising family group decision-making. I hope I was clear about that earlier on.

There is also a need to ensure that suitable people and resources are there, and that is why the Government have committed to an uplift of £13 million for the children’s social care prevention grant for 2025-26, which will be used to support the rollout of family group decision-making across the country for all families on the edge of care, including for recruiting or training extra staff to facilitate that process. On the basis of those assurances, I hope the noble Earl will feel able to withdraw the amendment.

[The Earl of Effingham (Con)]

My Lords, I thank all noble Lords for their contributions. It is important for all these children that we do everything we can to make sure that these processes can be implemented successfully, and ensuring that an evidence-based approach is followed is a key part of this. I briefly flag in particular the contribution from the noble Lord, Lord Farmer, who said that this is a key last line of defence. It is extremely regrettable that we cannot fix all the problems—there will be issues that get through the net—and that is exactly why we need a key last line of defence to help with those problems.

I will also briefly flag the contributions from the noble Baroness, Lady Evans, and the noble Lord, Lord Agnew. They absolutely correctly pointed out that the evidence from Scotland is that the execution of the plan is critical, and an evidence-based approach is crucial. We would be well advised to learn from the experience of what has been taking place over the past 10 years and, I hope, take all the positives and learn from the negatives. On that basis, for the time being, I beg leave to withdraw the amendment in the name of my noble friend Lady Barran.

Amendment 5 withdrawn.

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[Baroness Spielman (Con)]

My Lords, I support the amendments proposed by my noble friend Lady Barran. These proposals are clearly well intentioned but there are reasons why this has not been done before, and her desire to explore how these amendments are intended to work is absolutely right.

Just to put it in context, in a typical local authority, there are 400 or 500 schools and nurseries. This goes beyond anything that can reasonably be characterised as a “partnership”. So, how will it work? How much capacity will it absorb in each of those? What will it add?

The core documents that all these providers must work with in keeping children safe in education and working together, get bigger and bigger each year. Many schools and childcare providers are close to the limit of complexity that they can manage.

I should have declared an interest at the outset, as a former chief inspector of Ofsted.

Most schools that fall down on safeguarding at inspection are small—typically primaries, often standalone primaries, and special schools. The vast majority take safeguarding seriously but some are struggling with the complexity. We need to be very sure about layering on safeguarding partnership responsibilities and, later in the Bill, corporate parenting duties, on top of all the existing duties. It may not add anything to safeguarding and, in some cases, could be the straw that breaks the camel’s back and drives good staff out, or forces early years providers to close.

Generally, layers of duties that make everyone responsible tend to blur who has the primary responsibility in any given situation. There will be the greatest value in these provisions if they work to achieve maximum simplicity and clarity, so that they are workable in the hands of normal, well-intentioned people.

[The Earl of Effingham (Con)]

My Lords, it is a pleasure to speak after such knowledgeable contributions from all noble Lords. It is fair to say that all the amendments in this group are wrestling with the same issues, which have been raised by the Children’s Commissioner and by the independent review into child social care, led by the honourable member for Whitehaven and Workington.

We want to include education and childcare agencies in safeguarding arrangements. Indeed, schools already play a huge part in this area and make a significant percentage of safeguarding referrals where they have concerns about a child. But in practice it is hard, because of the number of organisations and their differing size and capacity.

We have heard from all sides on this, with many calling for full statutory partner status for education and childcare—such as in Amendment 24 from the noble Lord, Lord Hampton, and the noble Baroness, Lady Longfield—while others are worried about workability. We fear that we may err on the side of caution regarding how full statutory partner status could work in practice, although we will of course reflect on the points made by all noble Lords.

We support the aims of Amendments 21 to 23 from the noble Lord, Lord Farmer, who has such a depth of experience and understanding of these areas in general and of family hubs in particular. Amendments 20 and 25, from the noble Lords, Lord Hampton and Lord Bichard, aspire to have an inclusive and non-bureaucratic approach to these arrangements. Naturally, we fully support Amendments 26 to 28, from the noble Baroness, Lady Barran.

[Baroness Smith of Malvern (Lab)]

My Lords, everybody who has contributed to this group has recognised that education and childcare are fundamental at all levels of safeguarding arrangements. The noble Earl, Lord Effingham, was right that there is a range of approaches to this, from those who argue that education needs to be a statutory safeguarding partner to those who, understandably, question how the Government’s proposals in this clause will work in practice, and I hope to bring a bit of clarity to that in my response.

We can all agree that education and childcare settings should be consistently involved in multiagency safe- guarding arrangements across England, and that is what this clause sets out to do. On the Clause 2 stand part notice, by strengthening the role of education in multiagency safeguarding arrangements, Clause 2 recognises that crucial role that education and childcare settings play in keeping children safe. The evidence of the way in which education has tended to be involved in safeguarding is that while in many schools there are reasonably well developed processes for safeguarding, including designated safeguarding leads and, of course, the focus that they are able to put on it, and while there are lots of places in the country where schools are being well engaged in safeguarding arrangements, it is not true, generally, that the whole breadth of education and childcare settings is engaged in that. My noble friend Lady Longfield made an important point about early years settings and their ability to contribute here, and of course FE colleges are far less frequently engaged in safeguarding arrangements.

The intention behind this clause is to ensure that education and childcare settings are consistently involved in multiagency safeguarding arrangements across England so that opportunities to keep children safe are not missed and we reduce the risk of children falling through the cracks between services. It places duties on those existing safeguarding partners—the local authority, police and integrated care boards—automatically to include all education and childcare settings in their arrangements. This will help to ensure that they work together to identify and respond to the needs of children in their area and that they consider in the fora in which safeguarding is pursued in these areas the relationships and processes that are necessary to ensure that the voice and knowledge of education and childcare settings are included in safeguarding arrangements. Where this is happening, we see improved communication between the safeguarding partnership and education, better information sharing and more opportunities to influence key strategic safeguarding decisions. This will also mean that all education and childcare settings must co-operate with safeguarding partners, ensuring that those arrangements are fully understood and rigorously applied in their organisations.

Turning to Amendments 26, 27 and 28 in the name of the noble Baroness, Lady Barran, I appreciate the point made that we need to understand how this will operate in practice and to understand the burdens and costs for education and childcare settings. On how it will operate in practice, the point I was making previously is that we are beginning to see how, where education and childcare are properly included, local authorities are resolving some of the practical issues that the noble Baroness raised and are finding the relationships, the forms of communication and the fora necessary to enable education and childcare to be properly represented in safeguarding arrangements, but she makes a fair challenge to me to explain a little bit more about how that is working. Perhaps I can write to noble Lords with some examples of how we would expect to see this operating in practice.

There are a couple of specific points that I can respond to today. First, on the point about identifying a single point of contact to be involved in safeguarding, if we are not careful, mandating that that happens would incur duplication, and new burdens and resourcing pressures, as there is no single point of accountability for the sector at the moment. I do not think the noble Baroness was suggesting that new posts should be created for this role.

She specifically asked about the role of the LADO. Can I be clear that the LADO role would not be appropriate to support education and childcare settings with their safeguarding responsibilities with respect to this clause unless it was in relation to allegations against people who work with children? That is the specific responsibility of the LADO and where this is the case of course the LADO can be contacted. But that would not be appropriate to be a single point of contact for safeguarding arrangements in this context. Through this legislation, as I think I have suggested, safeguarding partners should be continuing to strengthen existing relationships with education and childcare settings to ensure that there is join-up and an enhanced role in safeguarding arrangements.

On the point about accountability, we need to understand and have sight of how this is working. The Secretary of State has oversight of yearly reports by local children’s safeguarding partnerships which must include scrutiny by an independent person of the effectiveness of the arrangements. We will support safeguarding partners to ensure that this includes the representation of education. Through those yearly reports we will be able to see how education and childcare settings are being included in the safeguarding partnerships.

I turn to Amendments 20 and 25, in the names of the noble Lords, Lord Hampton and Lord Bichard—introduced by the noble Lord, Lord Hampton—and Amendment 24 in the name of the noble Lord, Lord Hampton. They relate to the suggestion that education should become the fourth statutory safeguarding partner, and I think this was touched on by the noble Lord, Lord Meston. There are considerable difficulties in terms of structure and accountability with making education and childcare a statutory partner in the way in which he suggests. There is no organisation or individual who can take on the equivalent duties as a safeguarding partner for education.

I welcome the noble Baroness, Lady Spielman, to the House. I am sure that her expertise in all areas of education and children’s social care will be important and helpful for us in our deliberations. She identified that a wide range of education and childcare settings would not be able to take on the equivalent duties as a safeguarding partner for education, because the expectation for those three statutory safeguarding partners is, first, that they have the authority to make decisions for all settings; secondly, that they are able to commit funding on behalf of all settings; and, thirdly, that they are able to represent the views of all settings.

Children’s Wellbeing and Schools Bill

Earl of Effingham Excerpts

Thursday 1st May 2025 Lords Chamber

[The Earl of Effingham (Con)]

My Lords, I thank the Minister for the comprehensive way in which she has set out the purpose of this key legislation. His Majesty’s Official Opposition welcome the Government’s ambition to protect children and ensure that they have the best opportunities in life, regardless of any challenges they may have faced during their childhood.

As your Lordships’ House is aware, this Bill comprises two halves. While both parts focus on the well-being and future of children across the country, there are some real and distinct differences between them. The former seeks to improve the children’s social care system. Noble Lords know that outcomes for children in the care system remain stubbornly poor, despite efforts from repeated Governments to improve them. Part 1 includes many elements that were recommended by the Independent Review of Children’s Social Care, commissioned by the last Government and published in 2022. As noble Lords are aware, it was ably led by the now honourable Member for Whitehaven.

There are areas in Part 1 where we will seek to probe, develop and clarify the practical implementation of the Bill, but, in the round, the importance of this part is recognised and the need for legislation is understood. It is a huge responsibility to do one’s collective best to represent the interests of children and young people who have been so disadvantaged through no fault of their own.

In doing so, we will focus on areas where we think the Bill could be strengthened, including support for kinship carers in particular and foster carers more broadly. We are keen to see support for care leavers be as effective as possible. We will encourage the Government to consider what support can be given to mothers who have already had one or more children removed from them by the local authority. We will press the Government to improve the protections for children deprived of their liberty—some as young as seven; a truly chilling thought. We will press for greater clarity on the implementation on family group conferencing and seek an explanation for the approach the Government are adopting to the introduction of a unique child identifier.

More broadly, we remain sceptical about the Government’s approach to the regulation of children’s homes and fostering agencies. We fear that this will result in more bureaucracy and no change in the supply picture. Given that research by Ofsted showed that up to 50% of children in children’s homes had a foster placement specified on their care plan, there is a pressing need to address the fundamental issues which limit the number of foster carers. We are aware that many organisations, including the Children’s Commissioner, have called for childcare and education agencies to be full partners in local safeguarding arrangements. We anticipate that, on many of these issues, we will be probing the Government, alongside noble Lords from all sides of the House.

It would be fair to say that we cannot share the same enthusiasm and support for the second part of the Bill, which relates to schools. We believe that the measures in this part of the Bill simply will not provide the best possible education for our children. If passed, these elements of the Bill will override years of cross-party support and will reverse the very system that has seen English children move up the PISA rankings across the board in reading, science and maths. This Bill risks undermining the overwhelming consensus of the last 20 years on the benefits that come from giving greater autonomy to local schools and trusts, while having high standards of transparency and accountability. It is this system that has seen English schoolchildren become the best in the western world at both reading and maths. To change this without clear evidence to justify it is both serious and risky.

We foresee far-reaching and negative consequences arising from some of the provisions in the second half of the Bill, and we are not alone in this view. The Confederation of School Trusts is very concerned about the provisions which seek to remove the academy freedoms that have so greatly improved our education system. One only need look at the contrast with Scotland and Wales, which have not adopted the English reforms, to see the evidence in stark relief. As His Majesty’s Government themselves did when in opposition, we will respectfully explore, question and, in some cases, challenge outright.

Let me begin with the area about which we have the greatest concerns: the clauses relating to academies. These are the most significant, as they seek to undo the progress made during the last two decades. In 2024, academies represented 80% of secondary schools and nearly 43% of primary schools. For His Majesty’s Government to introduce such wide-ranging and radical changes without support from the sector does not make sense. We respectfully urge the Government to listen to the voices from all around your Lordships’ House, as they did in the other place, to make improvements to the Bill on the pay and conditions of academy teachers.

Academies have been at the forefront of fostering innovation in our school system; they have led the turnaround of some of the most challenging schools in this country. I know that the noble Lords, Lord Harris of Peckham, Lord Agnew of Oulton, Lord Fink and Lord Nash, have all been involved in doing this difficult and crucial work, as has the noble Lord, Lord Young of Acton, in relation to innovation in opening new free schools. The Children’s Commissioner has also raised concerns about the restriction of academy freedoms. We hope that your Lordships’ scrutiny of His Majesty’s Government will allow the time needed to consider the importance of these expert voices. None of this is to suggest that improvements could not be made to the current system of regulation of our schools, but a forward-looking, positive and aspirational vision for all our schools appears to be lacking in this Bill.

The Bill also fails to introduce a ban on the use of smartphones in schools. Although the previous Government’s guidance to schools on banning smartphones was a positive first step, it is not enough. Only 11% of schools have an effective ban in place. Scores of scientific studies have linked both better mental health and school attainment to removing smartphones from classrooms. We recognise that this is not universally welcomed by head teachers, but we are most concerned that, in this case, we should use the precautionary principle when dealing with the mental health of children. I am very much looking forward to the valuable contribution that the noble Baroness, Lady Kidron, will make today, following the excellent debate she led on this subject last November.

There are also concerns that the breakfast clubs being introduced by the Bill will have practical issues, and we will seek to table probing amendments. Of the 750 schools involved in the early adopter programme, 79 have already dropped out. We understand that some have given a funding shortfall as their reason for leaving. The CEO of the Warrington Primary Academy Trust said that the scheme is in danger of falling flat because of it. There are certainly practical issues which need to be addressed before the scheme can be rolled out nationwide. It would be appreciated if the Minister took the opportunity to explain in her closing remarks the Government’s position on this drop-out rate.

I turn to the proposal in the Bill to introduce laws governing the specific number of school uniform items a school can require a child to have. We worry that this approach could backfire, with children feeling under pressure to wear the latest fashion, which is actually more expensive than their uniform. This blanket approach does not allow schools to provide free uniform, or account for them providing it at a discount. It can be more expensive to buy unbranded items. We will explore this further in Committee.

Protecting the well-being and education of children is essential to the future of the country, to economic growth and to reducing the burden on the NHS. His Majesty’s Official Opposition accept that some parts of the Bill form part of the Government’s manifesto commitments, and we will seek to ensure that these areas work well in practice.

Today’s list of speakers reads like a Who’s Who of education experts. On our Benches alone we have three former Secretaries of State for Education, and the noble Lord, Lord Harris of Peckham, is also present. To quote the media, what earns the noble Lord hero status is that this Conservative Peer

“has done more to help working-class children than any Labour politician since Attlee and Bevan.”

I am also very much looking forward to hearing the maiden speeches of the noble Lords, Lord Biggar and Lord Mohammed of Tinsley.

It would be impossible to get all the speakers today in a room together at the same time were it not for your Lordships’ House. There are aspects of this Bill on which we hope the Government will listen to the collective experts sitting all around your Lordships’ House—including on their own Benches—who have been involved in the leadership of multi-academy trusts. We hope that the Government will think again, because surely, children deserve no less.

Institute for Apprenticeships and Technical Education (Transfer of Functions etc) Bill [HL]

Earl of Effingham Excerpts

Consideration of Commons amendments and / or reasons
Wednesday 30th April 2025 Lords Chamber

[Lord Storey (LD)]

My Lords, it is not often that you are involved in a Bill and everyone agrees what the outcome should be and realises that the issue is more important than anything else. I commend the Government for coming into office and realising straightaway that, if we are to get economic growth, we need the skills to provide it. The noble Lord, Lord Aberdare, was quite right to say that it is not only about having a set of skills and saying that this is what we as a nation need; we need it regionally as well. The needs of the north-east will be very different from those of, for example, the north-west or the south-east.

I hope we can now get on with the job of delivering this. I thank those with whom we have worked closely: the noble Baroness, who has jetted back from Australia, where she has picked up some ideas on skills; and the noble Lord, Lord Aberdare, who has been stalwart in bringing us together. I particularly thank the Minister for always giving of her time to listen to us—to both disagree and agree. Finally, I must not forget to thank the Bill team for their work, and Adam Bull in the Lib Dem Whips’ Office.

[The Earl of Effingham (Con)]

My Lords, I thank the Minister and all noble Lords who have been involved in the passage of the Bill. His Majesty’s Official Opposition remain concerned that the Government have removed the amendments in the name of my noble friend Lady Barran. Other noble Lords also expressed concerns that Skills England will be overly focused on administration, resulting in it being unable to prioritise its central strategic tasks. By allowing a year to pass between the creation of Skills England and the abolition of IfATE, we would create sufficient time for the effective transfer of functions and ensure that Skills England could take on its role successfully.

We would suggest that it is a mistake for the Government to ignore these concerns. In both your Lordships’ House and the other place, there has been cross-party support on this issue, and we cannot hide our disappointment that the Government remain unconvinced on this focal point. We on these Benches are worried that the transition period as planned will have a damaging impact on apprentices.

At the same time, we recognise that this is a manifesto commitment. We will, of course, while challenging constructively, work with His Majesty’s Government to progress their skills programme, and we do not intend to push this issue any further. We will continue to remain vigilant on the transition to Skills England and ensure that it is working for the very people it aims to help. Should our concerns increase, we will endeavour to raise them in your Lordships’ House. It is now up to the Government to ensure that Skills England is able to run effectively and does not become overwhelmed with the weight of the accreditation and assurance process.

We are indeed grateful that His Majesty’s Government have listened to some of the key points that have been raised across your Lordships’ House, and the Bill has been strengthened accordingly. A report on the exercise of functions conferred or imposed on the Secretary of State has now been included, which is important for accountability. The Government have listened to the concerns about the Secretary of State preparing apprenticeship plans and assessments, and will, as such, publish information about the relevant matters that have been taken into account.

We thank the Minister for her engagement throughout consideration of the Bill, and we thank all noble Lords who have made such valuable contributions and worked constructively on its scrutiny.

[Baroness Smith of Malvern (Lab)]

My Lords, I am grateful for the support of noble Lords and the continued challenge of those who have made the Bill better during its passage through this House.

On whether Skills England is ready, I reassure noble Lords that it is ready to take on the functions currently exercised by IfATE, where appropriate. Detailed transition plans are in place to ensure continuity throughout the transition. There will be continuity in staff and team structures, which will ensure a smooth operational transition and maintain vital links to employers. Staff are eager to contribute their expertise and valuable insights, to feed into Skills England’s broader purpose from day one.

Universities: Free Speech

Earl of Effingham Excerpts

Tuesday 1st April 2025 Lords Chamber

[Baroness Smith of Malvern (Lab)]

The relationship between the functions that the noble Baroness outlines is not necessarily unusual for regulatory bodies. I am sure that the Office for Students in particular thinks carefully about it. Obviously, there has been a lot of thought on the role of the Office for Students with respect to freedom of speech, and I am sure that it is continuing to consider that.

[The Earl of Effingham (Con)]

My Lords, His Majesty’s Government have rightly acknowledged the importance of increased defence spending. Given media reports of intimidation towards defence industries and the Armed Forces at higher education recruitment events, we must ask the Minister this: what steps are the Government taking to ensure that such events take place without issue?

[Baroness Smith of Malvern (Lab)]

It is wholly wrong if those events are not able to take place on our campuses or if there is interference in the very important research that our universities are taking part in. That is primarily the responsibility of the higher education institutions themselves, but I am absolutely clear that that is an important part of what should be happening in our universities.