Youth Unemployment
Baroness Smith of Malvern Excerpts(2 days, 7 hours ago)
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Lord Young of Cookham
To ask His Majesty’s Government what steps they are taking to reduce youth unemployment.
The Minister of State, Department for Education and Department for Work and Pensions (Baroness Smith of Malvern) (Lab)
My Lords, the Government are investing over £1.5 billion through the youth guarantee and growth and skills levy to support 16 to 24 year-olds to gain the skills and experience they need to earn and learn. A key part of this is the jobs guarantee, which provides six months of paid work for every eligible 18 to 21 year-old on universal credit for 18 months, funded for 25 hours a week with wraparound support. Grant applications for phase 1 opened on 29 January to identify delivery partners, and delivery will begin from spring 2026 in six high-need areas before expanding nationally, supporting around 55,000 young people over three years.
Lord Young of Cookham (Con)
My Lords, I am grateful for that reply, and I welcome the initiatives the Minister has just mentioned, such as the youth guarantee. However, do not those initiatives need to be accompanied by welfare reform, which can quite often pull young people in the opposite direction? A few weeks ago, the Prime Minister said:
“Our welfare state is trapping people, not just in poverty but out of work—young people in particular”.
That was reinforced by Alan Milburn, the Government’s employment tsar, who said:
“We’re spending more money on health and disability benefits for 16 to 24-year-olds than we are on apprenticeships. Is that really the right priority?”
Will the forthcoming King’s Speech therefore take the difficult but necessary decisions to reform welfare and allay the concerns of the Minister’s colleagues?
Baroness Smith of Malvern (Lab)
Well, this is welfare reform. It is wrong that there are 900,000 young people who are neither earning nor learning, which is why we are changing the system. We are ensuring that there is an earlier interview for young people. We are introducing 300,000 more opportunities for young people to gain work experience or training linked to an employer. Then we are ensuring that they have a backstop work placement that they will be expected to take at the end of 18 months. That is welfare reform, which this Government are putting in place to respond to the challenges left by the previous one.
Baroness McIntosh of Hudnall (Lab)
My Lords, can my noble friend the Minister tell the House what data, if any, the Government hold on the casual employment of young people between the ages of 16 and 18? Does she agree with me that young people who are able to find employment over this period, when they are often in full-time education as well, are given a range of experience that is extremely helpful to them when they come to seek full-time employment after their education is over?
Baroness Smith of Malvern (Lab)
My noble friend raises an interesting point. There seems to be some evidence that young people are doing less of that type of work. This is part of what Alan Milburn will look at in his review, which will consider the causes of the growing numbers of young people who are neither earning nor learning. That is of course why being able to provide placements through some of the courses that young people take and the work experience that will be part of the youth guarantee gateway will be important for those young people who have not otherwise had the opportunity to understand what it is like to be in a workplace.
Baroness Smith of Malvern (Lab)
This is precisely one of the questions that Alan Milburn will consider in his review. There appears to be a growing number of young people who are out of work for whom mental health issues are part of the reason. For many of those young people, it may well be that they would be better off in appropriate work. Being clear about the nature of that problem is an important part of Alan Milburn’s review. That, of course, goes alongside the additional support this Government are providing at an earlier stage in our schools to ensure that all schools also have access to mental health professionals, so that we can stop some of these problems earlier and before they escalate to blight people’s lives.
The Earl of Clancarty (CB)
My Lords, does the Minister agree with me that a balanced school education is hugely important in this to allow the widest possible opportunities for our young people?
Baroness Smith of Malvern (Lab)
Yes, I do. That is why, through the curriculum and assessment review, we have ensured that young people are getting the skills and knowledge they need to succeed in life and in work. We will continue to ensure that that is the case throughout our schools.
Baroness Browning (Con)
My Lords, the employment of autistic adults remains at a remarkably low rate of about 30%. Each time there is a new strategy under the Autism Act, employment has been highlighted as one of the priorities. The strategy is due for renewal in July. I am sure that the Minister will be involved in the discussions for planning that strategy. How does she think we can now get autistic adults of all age groups into employment? It has been far too slow and has taken far too long, under all Governments.
Baroness Smith of Malvern (Lab)
The noble Baroness raises an important point. This is an opportunity for us to rethink how we can ensure the appropriate support, the appropriate information and understanding of employers about the way in which autistic people can make an enormously important contribution in the workplace, and the support of work coaches in DWP and others who are providing the advice to people about how to get into work. I will certainly undertake to look into this in more detail and take the wisdom of the noble Baroness, who I know has campaigned on this for many years.
The Lord Bishop of Leicester
I welcome the Government’s new initiatives in this area, particularly the youth guarantee. Can the Minister tell us how the Government are going to tackle the estimated 500,000 young people who are not in education, employment or training, and who are not claiming benefits either? Are we not at serious risk of a whole generation of young people not being able to use their gifts for the good of wider society?
Baroness Smith of Malvern (Lab)
The right reverend Prelate raises an important issue. That is why, first of all, our work to reduce the numbers of young people not earning or learning needs to start in schools. It needs to start with the better “risk of NEET” indicators that we are developing. It needs to start with a responsibility on schools to ensure that young people go into education at the age of 16 or work in an appropriate way. It means that the work—extended for another year—of the youth guarantee trailblazers, who have had £90 million spent on them, is important because they have been tasked in the eight areas in which they are operating with addressing exactly this question: how do we identify and reach those young people who are not even in touch with the benefits system?
Baroness Smith of Llanfaes (PC)
My Lords, the youth guarantee scheme is not a new idea and has been in place in Wales for several years. What lessons have this Government learned from what has not worked in Wales as part of this scheme, and how have they been applied to the scheme here?
Baroness Smith of Malvern (Lab)
We have looked at information from around the UK and from previous job subsidy schemes to help to design this. Of course, the first six job guarantee areas that I mentioned in the original Answer include one that covers a significant area of Wales. We will also use the experience of that to build the national rollout that will come in the autumn.
Baroness Stedman-Scott (Con)
My Lords, recent analysis shows that in 2025-26 the real cost of hiring an 18 to 20 year-old on the minimum wage has risen by around 13% compared with just over 3% for someone on average earnings, despite under-21s largely being outside employer national insurance contributions. In light of this, what assessment have the Government made of the combined impact of the national insurance contributions and minimum wage policy on youth employment, and how are they ensuring that young people are not priced out of entry-level work or any other part of the labour market?
Baroness Smith of Malvern (Lab)
We made a commitment to equalise the 18 to 20 national minimum wage with the national living wage. We asked, as all recent Governments have done, the independent Low Pay Commission to recommend youth rates to enable us to do that, and we also included within the remit the expectation that it would consider how to do this in a way that avoids increases in unemployment. The April 2026 uplift ensures that the Government are taking cautious steps towards achieving this commitment, and that is the way we will continue to progress.
Children’s Wellbeing and Schools Bill
Baroness Smith of Malvern Excerpts(4 days, 7 hours ago)
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The Earl of Effingham (Con)
My Lords, His Majesty’s loyal Opposition understand how crucial allergy safety is in schools, and access to adrenaline auto-injectors is pivotal. Centralising and co-ordinating policy across education establishments is a much-needed step that would standardise current voluntary safety measures such as the provision of AAIs and provide a universal level of access to all students. That is a principle in Amendment 209, referred to as Benedict’s law, that we support.
It would be remiss of me not to remind noble Lords: half of schools do not stock a spare auto-injector; 70% of schools do not have the recommended measures of spare pens, training and allergy policies, and individual healthcare plans in place; and 20% of fatal food anaphylaxis reactions in school-aged children or young people in England happen in schools.
This is a critical issue. The noble Baroness, Lady Bennett, said that it was “basic”, the noble Lord, Lord Remnant, referred to it as “best practice”, and the noble Baroness, Lady Finlay, said that the cost of delay is “massive”. They are entirely correct.
We also support the principle behind the amendments from the noble Lord, Lord Freyberg. It makes sense that those contracted on school premises should predominantly follow the same policies as the schools themselves. This is all the more important when catering firms are involved, given the obvious heightened risk of allergic reactions to food.
While there should, as always, be an appropriate analysis of the impact on both the taxpayer and the affected firms, His Majesty’s loyal Opposition understand the great importance of these measures. We hope, as many noble Lords have hoped tonight, that the Government see the merit of focusing on this and agree that schools should be safe places for everyone—and that should be non-negotiable.
The Minister of State, Department for Education and Department for Work and Pensions (Baroness Smith of Malvern) (Lab)
My Lords, in concluding this group, I start by paying tribute to those who have campaigned so hard on school allergy safety, especially Helen and Peter Blythe, Tanya and Nadim Ednan-Laperouse, my noble friend Lady Kennedy of Cradley and other noble Lords, including the noble Baroness, Lady Morgan of Cotes, in introducing Amendment 209 this evening. The tragic deaths of Benedict Blythe and Natasha Ednan-Laperouse are a stark reminder of the dangers of anaphylaxis. We have heard other examples of that this evening, including the personal experiences of noble Lords.
Amendment 209 seeks to introduce mandatory allergy safety provisions for all schools, including policy adoption, individual healthcare plans, adrenaline auto-injectors and staff training. As stated in Committee, schools have existing duties, under Section 100 of the Children and Families Act 2014, to make arrangements to support pupils with medical conditions including allergy.
However, I am pleased to set out the Government’s plans to transform allergy safety in schools and take forward the campaign for Benedict’s law. Before September 2026, we will issue new statutory guidance and we will consult on it imminently. For the first time it will put specific focus on allergy safety alongside other medical conditions. Through statutory guidance, we will require schools to have a dedicated allergy safety policy. This will set out how the school will manage the risks of allergy and anaphylaxis. It will emphasise the importance of whole-school awareness and understanding, grounded in training for all staff. As this training will be set out in statutory guidance, schools will be expected to comply with it.
Schools need to be conscious and active in managing the risks of allergy, and they need to take steps to minimise the risk of pupils coming into contact with their known allergens. We will be clear that pupils with allergy must be fully included in the life of the school, with arrangements to support them on external trips and visits. Our guidance will set out that a school’s allergy safety arrangements need to be managed actively, with a named governor and senior leader. The reports of incidents, near misses and safety drills will provide evidence to review and improve policies.
But no precautions can be perfect. In many cases, as noble Lords have said, children with no history of allergy will have their first reaction while at school, so it is essential that schools have robust emergency response procedures. While many of those with severe allergies carry their own prescribed adrenaline auto-injectors, schools are able to purchase their own as spares. Many do so, but our statutory guidance will be clear that we expect schools to do so.
This is an important responsibility for schools. Two adrenaline auto-injectors can be purchased at a high street pharmacist for around £150, and many schools already stock them as part of their existing allergy safety arrangements. They must take ownership of these life-saving devices. We are working with the Department of Health and Social Care to ensure that schools are able to purchase spares as easily and cheaply as possible.
Strong school-wide policies are essential, but it is equally important to capture key information for each child or young person. Our guidance will be clear that every child whose medical condition requires active management by their school should have an individual healthcare plan which specifies the arrangements that will be put in place. This includes those with allergy.
As others have mentioned, yesterday my colleague, the Minister for Early Education, met sector experts, including members of the National Allergy Strategy Group, the Natasha Allergy Research Foundation and the Benedict Blythe Foundation. We have invited them to help us co-produce our new statutory guidance. We are working quickly so that we can consult and issue new guidance as soon as possible. For that reason, let me be clear that we do not disagree with the principle, the objectives or the detail of the noble Baroness’s amendments, but we are already introducing robust measures to address those concerns.
Amendments 210 and 212, tabled by the noble Lord, Lord Freyberg, would require schools to include detailed allergy provisions in contracts with external caterers—policy compliance, allergen information sharing, measures to prevent cross-contamination, and actions if an allergic reaction occurs. I recognise the noble Lord’s determination to secure robust safeguards. However, prescribing contractual content through primary legislation is far too inflexible. Requiring catering providers to comply with each school’s individual allergy policy would be enormously bureaucratic and difficult, probably driving up costs to schools. It is also unnecessary. I understand the concern that caterers should be clear about the requirements to protect children with allergies, but they must already provide allergen information and must manage allergens safely as set out in food regulations and in Food Standards Agency guidance.
Amendments 213 and 214, also tabled by the noble Lord, Lord Freyberg, would make the NHS responsible for providing adrenaline auto-injectors to schools. The NHS already provides devices to individuals on prescription, and regulations permit schools to purchase spare adrenaline auto-injectors, as I have already outlined. As I have also said, that is an important responsibility for schools, and they must take ownership of these life-saving devices. We will continue to work with the Department of Health and Social Care to ensure that they can be secured as easily as possible.
Turning to my noble friend Lady Kennedy, I believe I have covered the majority of the questions she asked, but I understand that I have not covered all of them. I undertake to write with anything that has not been covered in my response so far.
I hope noble Lords will recognise the considerable and important progress that has been made, thanks to the engagement of the department and my honourable friend the Minister for Early Education with campaigners who have, as we have heard, made an enormous difference to children. Everybody in this Chamber should be pleased to have ensured that, and I commit the Government to—
Baroness Morgan of Cotes (Non-Afl)
I get the impression that the Minister may be about to finish so, before she does, may I just ask her two very specific questions? First, I do not think she has addressed the funding point. If I have missed it, I apologise, but please could she clarify whether the Government intend to back up the statutory guidance they propose by September this year with central funding of those spare pens, training and everything else? Secondly, as I understand it, the Minister said that the draft guidance states that schools “can” purchase AAIs. That is not the same as saying that schools must have spare AAIs. Is the Minister open to changing that wording, or could she just clarify the position? Schools must hold spare AAIs. It is of critical importance, for the reasons we have heard.
Baroness Smith of Malvern (Lab)
On the second point, I said that schools are able to purchase their own spares. Many do so, but I said that our statutory guidance will be clear that we expect schools to do so. The statutory guidance will say that schools should have those spares.
On the point about funding, no, I am not saying that there will be centrally provided funding. I was identifying, by talking about both the cost to schools of buying the adrenaline auto-injectors from high street pharmacies, for example, and the ongoing work with the Department of Health and Social Care, how we will ensure that, by schools using their funding, as half have already done, those auto-injectors are available as cheaply and easily as possible.
I just reiterate, though, that I did say that training would be part of the statutory guidance, as well as an expectation that that training happens across the school.
On that basis, I hope noble Lords will feel reassured and that the noble Baroness will feel able to withdraw her amendment.
Baroness Morgan of Cotes (Non-Afl)
I am sorry for that cliffhanger. I am still learning about procedure after six and a bit years.
Baroness Smith of Malvern (Lab)
May I just prolong the cliffhanger slightly? I reiterate that I was clear that this is statutory guidance which all schools should follow unless there are very exceptional reasons why they do not. The point that the noble Baroness makes about the postcode lottery is not right because all schools will be covered by this statutory guidance covering all the issues that I identified.
Baroness Morgan of Cotes (Non-Afl)
I take the Minister’s point. I understand what she is saying and I know that schools will want to follow statutory guidance. But we have heard the example of the defibrillator rollout: the department was able to find the money. We are talking about money that I think the Government would be able to find. Without government funding behind a key policy, schools will have to think about whether or not they do it.
The other point is that we have heard powerful speeches from the Minister’s own Back Benches this evening, all of which have been in favour of this amendment. I think that the way this House works best is to test opinion. Therefore, I would like to test the opinion of the House on this amendment.
Baroness Barran (Con)
My Lords, the House is probably keener to hear from the Minister than from me. I am grateful to noble Lords for their remarks. It was clarified that there are exceptions in the amendment around medical devices. In response to the noble Lord, Lord Addington, of course, we want children with special educational needs to be independent and would be very happy to work with the noble Lord to look at that. But I agree completely with my noble friend Lady Spielman that we risk having one in three children in a classroom then being allowed to have a phone, which I know is not what the noble Lord wants either. With that, along with the rest of the House, I would like to hear from the Minister.
Baroness Smith of Malvern (Lab)
My Lords, the Government recognise concerns about the impact of mobile phones in schools, including the distraction from learning and the wider effects on children’s well-being. For this reason, we have always been clear that mobile phones have no place in schools.
It was clear from the examples given by the noble Baroness, Lady Benjamin, and the noble Lord, Lord Nash, that schools can deliver this. Research from the Children’s Commissioner shows that the overwhelming majority of schools already have policies in place that limit or restrict the use of mobile phones during the school day. However, it is also clear that the old mobile phones in schools guidance inherited from the previous Government did not deliver the clarity or consistency that schools need to implement mobile phone-free schools.
Amendment 215 in the name of the noble Baroness, Lady Barran, requires schools in England to prohibit the use and possession of smartphones during the school day. As I say, the vast majority of schools already have policies in place that restrict access to mobile phones. The problem, therefore, is one of clarifying the guidance and enforcing those policies. That is why we have acted to address both. On Monday 19 January we published strengthened guidance which is clear that all schools should be mobile phone-free environments by default for the entire school day and pupils should not have access to their devices. That includes lessons, time between lessons, break times, lunchtime and in the loos. Not only does the strengthened guidance remove any ambiguity as to what effective prohibition of mobile phones looks like, but it includes practical, real-world case studies, demonstrating how schools are successfully implementing and sustaining these policies.
We know that schools need help. Where they do, they can get one-to-one support from the DfE’s attendance and behaviour hub lead schools, spread across all regions of the country, that are already effectively implementing mobile phone bans and have exemplary track records of supporting other schools to improve their practice. We have gone further: to reinforce the importance of effective implementation, Ofsted will, for the first time, check school mobile phone policy on every inspection, with schools expected to be mobile phone-free by default. It will check how effectively these policies are implemented when judging behaviour during inspections.
The noble Baroness, Lady Kidron, questioned whether that would be effective, given the, in some cases, four-year gap between inspections. To be clear, Ofsted is one of the most powerful signals that the department gives to the sector on its priorities for teachers and leaders. While not all schools are inspected every year, the prioritisation of mobile phone policy in every inspection will improve policies across the system. From my time teaching, it is my experience—and I am sure it is the same for others across the House, including the former chief inspector—that Ofsted does not have to be on the premises to have an impact on what schools are doing.
We have already communicated these changes to the sector, but I make it clear that schools have our full support in taking this forward. This is a national reset on mobile phone use in schools, and we expect all school leaders, pupils and parents to follow this guidance. But this is not the end of the conversation, and we will continue to listen to the voices of parents, teachers and children on this issue.
I remind the House that the Secretary of State for Science, Innovation and Technology has announced that the Government will launch a short, sharp consultation on how to improve children’s relationship with social media and mobile phones. This will be a three-month consultation, with the Government reporting back in the summer. On the point made by my noble friend Lord Reid, as part of this the consultation will seek views on whether the mobile phones in schools guidance should be placed on a statutory footing, working through the evidence and bringing any proposals forward once these views have been taken into account.
Amendment 215 addresses the issue in a way that the Government cannot support. It is unclear what “possession” is meant to cover. If we define possession too tightly, we create problems for schools. On the radio this morning, the noble Baroness, Lady Spielman, was praising the use of, for example, sealed pouches as a way to prevent the use of phones but also promoting this amendment. Of course, many schools already use sensible, effective approaches such as sealed pouches, stopping pupils accessing their mobile phones throughout the school day, which is the intention of this policy, but an overly strict definition of possession could make those approaches non-compliant, and we should not undermine what already works.
Amendment 216 in the name of the noble Lord, Lord Addington, is an amendment to Amendment 215, and requires schools to provide exemptions for pupils who use mobile phones as assistive technology. Our strengthened guidance is clear: exceptions to the mobile phone policy may be required for children with specific special educational needs, disabilities or medical conditions. That includes users of healthtech or assistive technology. For example, pupils with diabetes might use continuous glucose monitoring with a sensor linked to their mobile phone to monitor blood sugar levels. Where mobile phone use allows pupils to manage their medical condition effectively, our guidance ensures that these cases are protected. Where school leaders need to make additional exceptions to or flexibilities in their policies based on a child’s individual needs, we trust them to do so.
For these reasons, and given the wider action the Government are taking to improve children’s relationship with technology, mobile phones and social media, I hope—although I do not have a lot of hope—that the noble Baroness will feel able to withdraw her amendment.
The Deputy Speaker (Baroness Bull) (CB)
My Lords, I remind the House that the Question before the House is on Amendment 216 in the name of the noble Lord, Lord Addington, so we must first deal with that before we return to Amendment 215.
Lord Hampton (CB)
I will speak very briefly to Amendment 217. I know from my own teaching experience—and anyone who has seen the film documentary “Idris Elba: Our Knife Crime Crisis” will know—exactly how important it is that permanently excluded children are folded into some support system before they are lost to crime or worse. This is a very simple amendment that could save young lives.
Baroness Smith of Malvern (Lab)
The amendments in group 8 relate to the school exclusion framework. We firmly believe that every pupil, no matter their background, deserves to learn in a safe, calm and orderly classroom. Supporting good behaviour in schools is essential to achieving this, and we will continue to back teachers and school leaders in maintaining high standards.
Amendment 217, tabled by the noble Baroness, Lady Barran, seeks to require local authorities to assess the needs of children under the Children Act 1989 whenever a pupil is permanently excluded. Section 17 of the Act already places a duty on local authorities to safeguard and promote the welfare of children in need. Naming specific groups risks narrowing eligibility and limiting local flexibility.
The Working Together to Safeguard Children guidance makes clear local authorities and partners should identify emerging problems and unmet needs, including for children facing exclusion. Our reforms to family help and multi-agency child protection, supported by over £500 million this year, will embed education experience within multi-agency teams. We are introducing a duty on safeguarding partners to ensure education settings are represented at both strategic and operational levels.
Amendments 218 and 219, also tabled by the noble Baroness, Lady Barran, seek to introduce a presumption against reinstating pupils who have been excluded twice and for extremely serious behaviour such as possession of a knife or offensive weapon, assaulting a teacher and sexual assault. To be absolutely clear, no child or teacher should ever feel unsafe at school. Safe, calm and orderly environments are central to the Bill and to our support for schools and teachers, and head teachers must retain the ability to use appropriate sanctions, including exclusions, to maintain safety and good behaviour.
Governing bodies play an essential role in reviewing exclusions and deciding on reinstatement on a case-by-case basis. A blanket presumption of reinstatement would remove their ability to judge whether an exclusion was lawful, reasonable and fair, and could risk limiting a child’s access to mainstream education and opportunities for successful reintegration. For this reason, we do not have plans to change the guidance in the way the noble Baroness asked about. School leaders should use early intervention and multi-agency assessments as soon as concerns arise, to identify needs early and avoid escalation.
The Government are delivering a strong package of behaviour support, including new attendance and behaviour hubs targeted at the schools most in need, and plan to consult on an internal suspension framework to help schools use these sanctions effectively, minimise lost learning and keep children engaged in their education. The Bill represents a major strengthening of safeguarding legislation, reinforcing the importance of safety, well-being and behaviour in schools. Importantly, it aligns with wider action to protect young people from harm, including banning dangerous weapons, tightening online knife sale controls and expanding programmes that prevent youth violence.
For all these reasons, we do not consider that removing governing boards’ discretion through a presumption against reinstatement is necessary or appropriate, and I hope the noble Baroness feels able to withdraw her amendment.
Baroness Barran (Con)
I thank the Minister for those remarks. They are slightly disappointing, and certainly the Government’s reforms are doing an awful lot of heavy lifting. I am not going to press my amendments, but it is with a heavy heart, particularly in relation to Amendment 217. This is not about narrowing the scope of Section 17 of the 1989 Act; it is about saying that these children are children in need, almost by definition, so let us make sure we look at it systematically. But I hope that the Government’s reforms will work the miracle that the Minister believes they will. I beg leave to withdraw Amendment 217.
Baroness Smith of Malvern (Lab)
As we turn to the amendments in group 11, which are, of course, on educational technology, I thank noble Lords for their focus during this debate on safety, effectiveness and fairness. The Government share these aims. We want schools and parents to have confidence in the tools being used and innovation that supports learning while protecting pupils’ data and well-being.
We are clear that technology used in our schools must support learning and children’s development. It must not expose children to harm, undermine trust or operate without appropriate safeguards. The question before the House is not whether action is required—action is already under way—but how we ensure that protections are robust and enforceable and can keep pace with rapid technological change.
I turn first to Amendment 227, tabled by the noble Lord, Lord Tarassenko, and Amendment 238, tabled by the noble Baroness, Lady Kidron, which seek to strengthen assurance that education technology is safe, effective and permitted for use in schools through the introduction of a statutory mechanism. At this point, I also thank the noble Lord, Lord Tarassenko, for the work that he was talking about with DfE to develop important new qualifications, which we are grateful for and which the Government will certainly want to maximise the use of.
However, the amendments before us address that concern—the concern about whether tech is safe and effective—in a way that the Government do not believe is appropriate and cannot support, because they do it by treating safety and educational effectiveness as the same regulatory question when they are not. There is a clear distinction between product safety and pedagogical efficacy, and it is essential that we respond to each in the right way. If a tool is not safe, it should not be used in schools at all.
That is why we have already introduced robust safety standards for generative AI, which will set clear expectations for tech companies to follow. That said, providing clarity for schools is key, and I thank the noble Baroness, Lady Kidron, for providing additional information on this point earlier this week. We are committed to going further, and we are therefore considering the benefits of consulting on a certification scheme to apply to generative AI tools in education.
Product safety cannot be achieved through a rushed government-compiled register but must be delivered through legally robust and independent certification. Educational effectiveness is different. Whether a tool improves learning is not a universal yes or no question, and it cannot be certified in the same way as safety. What works will vary by age group, subject, setting and approach, and it will evolve over time as the technology itself develops. Attempting to fix this through rigid certification risks undermining professional judgment and stifling innovation without delivering better outcomes for children.
That is why we are working with AI and education experts on new benchmarks for AI use in education, including tests to make sure that products meet national expectations for pedagogy. Our EdTech Evidence Board is developing a clear, publishable framework for assessing effectiveness, including expectations on pedagogy, evidence, outcomes, equity and inclusion, and clarity for schools.
I thank the noble Lord, Lord Tarassenko, for clarifying the intent of his Amendment 227 by stating that he was looking for a minimum list of approved tools. I believe that our work on evidence will precisely support that aim.
We are also investing £23 million to expand the edtech test bed into a four-year programme to test technology and AI tools in real classroom settings with independent evaluation. This approach provides schools and colleges with confidence in what works without locking them into a static list. Our aim is to establish a credible pedagogical bar that is fair to suppliers, usable for schools and capable of evolving, rather than a rigid statutory regime that would quickly fall behind technological change.
Amendment 239, tabled by the noble Baroness, Lady Kidron, focuses on filtering and monitoring systems and seeks to increase confidence, through certification, that products used in schools are effective and appropriate. As I noted in Committee, schools are already expected to have filtering and monitoring systems in place through the Keeping Children Safe in Education framework. However, we agree that more can be done to provide clarity and confidence. I am therefore pleased to confirm that the Government will consult on a scheme to certify filtering and monitoring products used in schools, which would reinforce safety standards and allow schools to be confident that products are aligned with them. Alongside this, we have strengthened our guidance to make it clear that filtering solutions must be designed so that illegal blocklists cannot be disabled, overridden or altered. Consulting will allow us to develop a certification scheme that is proportionate and effective in education settings. We therefore do not feel that a statutory obligation is necessary at this stage.
Amendment 236, tabled by the noble Baroness, Lady Barran, raises concerns about on-screen homework and proposes a parental right to exemption. We share the principle that no child should be disadvantaged due to a lack of access to devices, but we remain clear that decisions about homework are best made by schools in partnership with families and reflecting local circumstances. Many schools already work closely with parents to understand access issues and provide alternatives where needed. We do not have evidence to suggest that legislating in this way would be proportionate or beneficial.
There has been considerable debate about screen time, but it is important not to conflate personal and educational use. When applied well, education technology can improve outcomes and accessibility and help pupils, including neurodiverse children, to engage more confidently. The aim is not more screen time but better learning delivered safely. The Government’s recent announcement of £1.6 million for assistive technology lending libraries reflects this commitment to inclusion, particularly for pupils with special educational needs and disabilities.
I turn to Amendment 235, from the noble Baroness, Lady Barran, on the reception baseline assessment. We share the belief that assessment should be appropriate and fair. However, a blanket prohibition or rigid requirement in primary legislation would remove needed flexibility, including where digital approaches support accessibility while non-digital options still remain available. As we discussed at some length in Committee, the reception baseline assessment includes some digital elements, but it also uses verbal responses and small toys, with no expectation of prior screen use; a paper-based version remains available in exceptional cases. The revised version has been in development since 2018 and was trialled extensively with pupils during that time. It has been in general use since September, and we have received positive feedback from teachers on pupil engagement. For these reasons, a restrictive legislative approach is not necessary, and the proposed timescales would be impractical and expensive.
Amendment 234, from the noble Baroness, Lady Barran, seeks to ensure that secondary education exams are completed by hand rather than with a digital device, subject to specific exceptions. Ofqual is currently consulting on how on-screen exams should be regulated. It is proposing a highly controlled and limited introduction, with rigorous safeguards. The vast majority of exams would still be with pen and paper. Each exam board could submit proposals to introduce a maximum of two new on-screen specifications, but not in the highest-entry subjects. We have worked closely with Ofqual to consider the potential benefits and risks. Ofqual has also published the evidence base that has informed its consultation. Research shows that on-screen exams may deliver a range of potential benefits over the long term, including improving assessment validity, accessibility and efficiency. We therefore remain of the view that it is not appropriate to fix a highly restrictive policy position in legislation, but of course we encourage interested parties to respond to Ofqual’s consultation.
Finally, Amendment 240 from the noble Baroness, Lady Kidron, seeks to require the Information Commissioner’s Office to produce an edtech code of practice for children’s data. We fully agree on the importance of strong protections for children’s data. At Second Reading of the Data (Use and Access) Bill, the Secretary of State for Science, Innovation and Technology confirmed that the Information Commissioner would be required to publish codes of practice for AI and automated decision-making, followed by a dedicated edtech code, and this sequencing is deliberate. Developing the AI code first will inform the edtech code, providing greater clarity and coherence for organisations, schools and families. Accelerating the edtech code ahead of this work would risk duplication and confusion rather than strengthening protections.
I wrote to the noble Baroness, Lady Kidron, on 16 December to confirm that regulations will be laid requiring the Information Commissioner to produce these codes, beginning with the AI code and followed by the edtech code. I am pleased that work on the AI code is already in progress. I am also aware that DSIT officials have been in touch with the noble Baroness to discuss the development of the regulations that will require the ICO to prepare the AI code, and we would welcome her support in getting those regulations right. We share the same aims, but we do not believe that legislating in the way proposed would deliver better outcomes for children or schools. The Government’s approach is proportionate, evidence-led and capable of adapting as technology evolves. For these reasons, I hope that the noble Lord will feel able to withdraw his amendment.
Baroness Barran (Con)
Before the noble Baroness sits down, she talked, in relation to my Amendment 236 and homework, about the Government’s concerns about equality of access to devices at home, but she did not address the point I raised about the increasing number of parents who want to have a screen-free evening at home, or screen-free weekends as a household. What would she say to those parents?
Baroness Smith of Malvern (Lab)
In those cases, I would expect every school thinking about its homework policy to have engaged with parents on the details of how that homework policy was going to work, but I think what was proposed by the noble Baroness in this amendment would limit the ability of schools to have those conversations and to make the decisions that were appropriate for them. It is on that basis that we are resisting it.
Lord Tarassenko (CB)
Very briefly, given the time, I just want to reassure noble Lords, particularly the noble Lord, Lord Storey, that none of the amendments—not just mine—stops the use of edtech; they introduce rules for its development and introduction into schools. For example, the whitelist is an irreducible minimum to ensure that all students in schools in England would have access to this minimum set of tools. Of course, schools will be entirely free to add to the whitelist appropriate websites that they felt would help the educational attainment of their children. So it is not about stopping but enabling, through a minimum set of tools, a whitelist, and about schools being able, if they felt it was appropriate, to add to that whitelist.
The Earl of Effingham (Con)
My Lords, we thank the noble Lord, Lord Addington, for his two amendments. The establishment of a national body is a factor that needs to be considered in the important and pressing issue of special education needs and disabilities. There is certainly the argument for a National Institute for Health and Care Excellence equivalent for SEND. But the most important point, in our view, is that, whatever the approach taken in the Government’s forthcoming White Paper, it is based upon firm evidence.
The same principle applies to the noble Lord’s other amendment, which would introduce an obligation to deliver the national curriculum to children with special education needs and disabilities. Whatever approach is taken, it must also align with the existing evidence base.
An incredibly diverse and wide-ranging list of requirements is put on schools for children with education, health and care plans. Although it may be possible to deliver the national curriculum in line with these—we note that the amendment in the name of the noble Lord, Lord Addington, allows for disapplications—if the Government were to accept this, we would suggest an extensive pilot scheme to undertake a full, top-down and bottom-up approach, ensuring rigorous testing before introduction.
We hope, in line with the request of the noble Lord, Lord Addington, that the Minister will also be able to confirm that curriculum policy will feature in the coming White Paper—and please can we have a date?
Baroness Smith of Malvern (Lab)
Much as I try to satisfy Members in the House of Lords—for all the good it does me—no, you cannot have a date. Come on—everybody knows that you cannot have a date, even at one o’clock in the morning. But I will try to respond to the points made by the noble Lord, Lord Addington, in his amendments.
Just to be clear, as a starting point, we share the noble Lord’s ambition for every child to have an education that meets their needs. We are determined to fix the SEND system and rebuild families’ trust by improving inclusivity and SEND expertise in schools, giving teachers the tools to identify and support needs early, and strengthening accountability for inclusion. The amendments the noble Lord has raised speak to the heart of our vision: an inclusive education system, built on strong leadership, evidence-based early intervention and high-quality teaching for every learner.
Amendment 228 seeks to place a new statutory duty on schools to adapt the national curriculum for individual pupils. We agree that children’s needs must be identified early and met well, but we fear that adding a new statutory requirement risks creating vague expectations around “sufficient” time and training, which could invite dispute rather than help schools.
Since Committee, we have continued constructive engagement with SEND organisations, including on identifying and supporting needs early and consistently, and on workforce development. We have recently announced £200 million to be invested over the course of this Parliament to upskill staff in every school, college and nursery, ensuring a skilled workforce for generations to come. This builds on at least £3 billion for high-needs capital between 2026-27 and 2029-30, to support children and young people with SEND or those who require alternative provision.
Amendment 229 proposes the establishment of a national body for SEND. We are aware of the challenges in the SEND system and how urgently we need to address them. However, as stated in Committee, we are concerned that a new body would simply create unnecessary bureaucracy. Our reforms will be set out in the forthcoming schools White Paper and will be underpinned by principles in line with the concerns the noble Lord has raised, and informed by continuing engagement with parents, teachers and experts, including through the recent national conversation on SEND. We are committed to supporting children with SEND through early identification, access to the right support at the right time, high-quality adaptive teaching and effective allocation of resources.
Noble Lords will not have too long to wait. I hope, therefore, that the noble Lord feels able to withdraw his amendment.
Lord Addington (LD)
Well, it was worth a try. At least we did not hear that when the moon is full and the wind is high, we shall get a report, but it sounded almost like that. I look forward to this when it happens and beg leave to withdraw my amendment.
Baroness Barran (Con)
My Lords, on these Benches, as is true across the House, of course we want our children to have the highest standards of mental health and well-being, and the data to support this, but, as in Committee, we do not support the specifics of these amendments.
On Amendment 233 in the name of the noble Lord, Lord O’Donnell, presented this morning by the noble Baroness, Lady Tyler, we felt that the Minister’s response in Committee was a constructive way forward and substantially addressed the goals of the amendment, albeit perhaps not in the way that the signatories would prefer or advise. My reading of the Minister’s remarks was that the Government did commit to providing non-statutory guidance, including a standard set of questions and additional tools and resources to support implementation.
As in Committee, I am sympathetic to the gap in provision that Amendment 237 from the noble Baroness, Lady Tyler, seeks to address: in particular, the postcode lottery that she highlighted in her remarks this morning. I also recognise that it expressly prescribes the provision of qualified practitioners and implicitly prescribes that any interventions have a sound evidence base. As my noble friend Lady Spielman pointed out in Committee, too many interventions have been used in schools in relation to both mental health and well-being, which Amendment 242 from the noble Lord, Lord Watson, addresses, which have been shown subsequently to have caused more harm than good. That is clearly something we need to avoid.
I return to the point I made in Committee and that we have heard fervently debated on Report, including today: the single most powerful thing this Government can do to restore the mental health, well-being and sense of belonging of our children would be to keep smartphones out of school and prevent access to social media for the under-16s. Teachers, parents and their children will not thank this Government for being slow to act.
Baroness Smith of Malvern (Lab)
Well, as we approach nine hours of considering the 13 groups that we have got through today, I note—and I am not being churlish—that if everybody who stood up and said, “I will speak only briefly” spoke only briefly, we would have saved a reasonable amount of time.
However, let us move to the amendments. I start by assuring noble Lords that the Government are committed to improving mental health support for all children and young people, helping pupils to achieve and thrive in education. Of course, we are focused on, and have already made considerable progress in, providing access to specialist mental health professionals in every school. With that in mind, I turn to the amendments.
Amendment 233, tabled by the noble Lord, Lord O’Donnell, and introduced by the noble Baroness, Lady Tyler, intends to establish a national children’s well-being measurement programme. We welcome the added emphasis that the measurement should remain voluntary for schools. While we are committed to supporting more schools to do this effectively, legislation is not necessary.
As stated in Committee, the Government have already committed to publish non-statutory guidance helping schools to measure and act upon factors related to well-being. To do that, we are working with measurement experts, including from the Our Wellbeing Our Voice coalition, to establish standardised questions for schools to ask pupils about key modifiable factors that impact their engagement in school life and their well-being, including how this can inform their approach to promoting and supporting mental health. This will enable benchmarking, aggregation, and sharing of data and practice between schools and with partners. We are exploring whether and how this data could be collected centrally to inform national policy. In the meantime, we will continue to publish annually the data we collect centrally on pupils’ well-being and experiences in school.
Amendment 237, tabled by the noble Baroness, Lady Tyler, would require the Secretary of State to ensure access to professionally accredited counselling or equivalent therapeutic support in schools, alongside government commitments to expand mental health support teams. As we said in Committee, this Government will expand mental health support teams from 52% coverage of pupils and learners at the start of April 2025 to 100% by 2029. The noble Baroness makes an important point about ensuring that we provide support for pupils whose needs are too complex for low-intensity interventions but do not meet the threshold for specialist child and adolescent mental health services. That is why we will pilot enhancements to mental health support teams, developed with a range of experts, including from the counselling profession, to support more complex needs such as trauma, neurodivergence and disordered eating.
These teams already integrate with a school’s existing well-being offer, which can include counselling. However, while there is good evidence that CBT used by the teams can deliver lasting benefits, more research is needed into the effectiveness, implementation and cost efficiency of counselling in schools. Many pupils also benefit from other in-school support. It is important that schools continue to have the freedom to decide what pastoral support to offer their pupils based on need, making the best use of their funding.
Lastly, Amendment 242, tabled by my noble friend Lord Watson of Invergowrie, seeks to require statutory guidance for schools on whole-school approaches to mental health and well-being. As I said in Committee, existing statutory duties provide schools with a strong foundation to adopt whole-school approaches and secure the support that their pupils need. Our pupil engagement framework, to be published this year and developed with Mission 44, with support from other key stakeholders, will provide schools with guidance on whole-school approaches to pupil engagement and, in turn, well-being. Together with our ongoing work on measurement as part of this framework and the expansion of mental health support teams to 100% of pupils and learners, the Government are building on existing support in a consistent and equitable way—key components of my noble friend’s amendment.
Having described the progress that the Government are already making on the range of concerns that noble Lords have outlined, I hope the noble Baroness will feel able to withdraw her amendment.
Baroness Tyler of Enfield (LD)
My Lords, I thank the Minister and all noble Lords who have contributed to this important debate. It is never great to get the graveyard slot, particularly on an issue that is so fundamental to the success of the Bill, and to feel so time-constrained—but that is just life, is it not? I thank the Minister for outlining the progress that I acknowledge the Government are making in this area. I still think there is more to do, which is what these amendments press at, but I was grateful for her acknowledgement of the importance of the missing middle and the involvement of the counselling profession. On that basis, I beg leave to withdraw.
“Power to make consequential provision: Wales(1) The Welsh Ministers may by regulations make provision that is consequential on any of the following provisions of this Act—(a) section 11 (use of accommodation for deprivation of liberty);(b) section 12(5) (service of documents under Part 2 of the Care Standards Act 2000);(c) section 20 (ill-treatment or wilful neglect: children aged 16 and 17);(d) sections 31 to 36 (children not in school).(2) Regulations under subsection (1) may contain only provision which would be within the legislative competence of Senedd Cymru if it were contained in an Act of the Senedd.(3) Regulations under this section may amend, repeal or revoke provision made by or under—(a) an Act or Measure of Senedd Cymru passed before this Act, or(b) an Act passed or made before, or in the same session of Parliament as, this Act.(4) Regulations under this section are to be made by Welsh statutory instrument (see section 37A of the Legislation (Wales) Act 2019 (anaw 4)).(5) Except as provided by subsection (6), regulations made under this section are subject to the Senedd annulment procedure (see section 37E of the Legislation (Wales) Act 2019 (anaw 4)).(6) Regulations made under this section that amend, repeal or revoke provision made by or under an Act or Measure of Senedd Cymru, or an Act, are subject to the Senedd approval procedure (see section 37C of the Legislation (Wales) Act 2019 (anaw 4)).(7) The power to make regulations under this section includes power to make—(a) supplementary, incidental, transitional or saving provision;(b) different provision for different purposes or areas.”Member’s explanatory statement
This amendment would insert a new clause into the Bill conferring power on the Welsh Ministers to make provision that is consequential on certain provisions made by the Bill in relation to matters that are within the legislative competence of Senedd Cymru.
“(i) regulations, or(ii) in relation to the amendments made to the Education Act 2002 by Schedule 3, an order;”Member’s explanatory statement
This amendment would clarify that the reference in clause 67(1) to orders is only to orders under the Education Act 2002 (as amended by Schedule 3).
Member’s explanatory statement
This amendment and my amendment to Clause 67 at page 128, line 21, would change references to a “statutory instrument” containing regulations made by the Welsh Ministers to a “Welsh statutory instrument” in consequence of changes made by the Legislation (Procedure, Publication and Repeals) (Wales) Act 2025.
Member’s explanatory statement
See my amendment to Clause 67 at page 128, line 6.
Children’s Wellbeing and Schools Bill
Baroness Smith of Malvern Excerpts(4 days, 7 hours ago)
Lords ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
Baroness Barran (Con)
My Lords, I just want to respond briefly to a couple of the remarks that were made about the amendments in my name. In relation to Amendment 198, I thank my noble friend Lord Nash for adding his name but also for making the case that we need more special schools and more alternative provision. I hope the Minister will have something to say on that.
The noble Baroness, Lady Morris of Yardley, said—I wrote it down—that we were giving schools reasons not to take a child. But the reason is the other children in the classroom. I was not trying to suggest that that is easy. I am just saying that there is one child who needs the right place, and we should do everything we can to make that happen, but there are 29 other children who also need to learn and to be able to study safely.
I turn to Amendment 199. The noble Lord, Lord Hampton, put it well when he said that it feels like we are punishing successful schools. That is the worry. Again, going back to the comments made by the noble Baroness, Lady Morris of Yardley, the new school that is improving is exactly the example that would be allowed to continue to grow. I think perhaps she misunderstood my remarks about that. In relation to a situation such as Camden, as she knows, first of all, my amendment would not apply. You would have to make an appropriate plan in exactly the way that she described, but we are talking about areas where you have schools performing at very different levels and it is the best schools that are forced to reduce their numbers. The noble Baroness, Lady Bousted, describes that as market forces gone to “ridiculous” levels. I just think it is about respecting parent choice, as the noble Lord, Lord Storey, said.
The Minister of State, Department for Education and Department for Work and Pensions (Baroness Smith of Malvern) (Lab)
With respect to the amendments in the first group, let me be completely clear that this Government are committed to ensuring that all children, especially the most vulnerable, can access a school place where they can achieve and thrive. The whole range of measures in the Bill reflects this objective.
Amendment 198, from the noble Baroness, Lady Barran, would introduce specific requirements for local authorities when using their powers to direct a school to admit a child. I agree with the noble Baroness that local authority decisions on directing the admission of a child should be reasonable, account for the needs of the child and ensure that schools can meet those needs. As noble Lords have argued, I accept that there is more that needs to be done to ensure that all schools can provide for the needs of children with special educational needs, and that sometimes it is more appropriate for those children to be educated elsewhere. We will address that challenge, which is wider than we are discussing today, in our forthcoming White Paper.
“(5) In section 10 of the Academies Act 2010 (consultation: new and expanded educational institutions), in subsection (1)(a) omit the words from “other” to “authority),”.”Member’s explanatory statement
This amendment would ensure that the duty to consult under section 10 of the Academies Act 2010 on whether Academy arrangements should be entered into would also apply to new educational institutions that are the subject of proposals pursuant to a notice under section 7 of Education and Inspections Act 2006.
Baroness Smith of Malvern (Lab)
My Lords, we now move to the group on opening new schools. Our priority is that good schools are opened when they are needed. Amendment 202 would amend Section 10 of the Academies Act 2010, relating to the establishment of new academies.
Currently, where academies are established under Section 6A of the Education and Inspections Act 2006—known as the “free school presumption” process—trusts are required to consult before deciding whether to enter into a funding agreement to run the academy. Section 6A will be repealed by the Bill and new academies will be established under Section 7 instead. This amendment is therefore necessary to retain a requirement to consult, meaning that relevant parties will be invited to comment on the details of the plan for the academy, including the planned admission arrangements. I beg to move.
Baroness Evans of Bowes Park (Con)
My Lords, I support Amendment 203 in the name of my noble friend Lady Barran. Free schools have played an important role in raising educational standards over the last 15 years, with their benefits felt most strongly in communities that have needed them the most. As I set out during our discussions in Committee, last summer’s exam results underline their impact: free schools outperformed other non-selective state schools at GCSE and A-level, pushing up standards, particularly in areas of significant deprivation and low educational achievement. Giving school leaders the autonomy to innovate, whether through a longer school day and more stretching curriculum or developing closer links with business and universities, clearly has a measurable impact on school outcomes.
This success continues: only last week, 62 students—over a quarter of the year group—at the London Academy of Excellence, one of the earliest free schools to open, learned they had secured Oxbridge offers, surpassing the success of many of the country’s leading independent schools. This outstanding achievement makes it even more regrettable that, in December, the Government chose not to go ahead with a new sixth-form free school in Middlesbrough, backed by Eton and Star Academies, which aimed to deliver similar outcomes for its students. It was one of 26 proposed mainstream free schools that were cancelled after a long delay, to the dismay of the teachers, parents and communities that had championed their plans.
It is not just one free school or trust making a huge difference: research from the NFER shows pupils attending secondary free schools get better grades at GCSE, have lower absence rates and are more likely to take A-levels and to go to university. Will the Government publish the quantitative thresholds that were used to judge community need, demographic demand and the impact on existing schools that lay behind the recent cancellation of each of the 28 mainstream free school projects, and will they publish the assessment scores for each cancelled project? This would be extremely helpful information and a transparent way for the groups that put a lot of effort into these projects, and the parents, who obviously may not have been privy to conversations with the DfE, to understand the reasons for the decisions.
Free schools have provided a route for new ideas, energy and educational models to join the state system. Indeed, the Government themselves have acknowledged that
“the free schools programme has been crucial to meeting demographic need and pioneering new models that can raise standards”.—[Official Report, Commons, 15/12/25; col. 45WS.]
Yet Clause 58 will mean fewer chances to innovate and less opportunity for the best-performing academies to expand and replicate their models. It is disappointing that the Government, despite some of their words, seem unwilling in practice to recognise the contributions free schools have made, and indeed could continue to make, to improving our education system—an achievement in which we should all take pride.
Baroness Smith of Malvern (Lab)
As we have heard, group 2 relates to opening new schools. Amendment 203, tabled by the noble Baroness, Lady Barran, would remove Clause 58 from the Bill. Clause 58 ends the legal presumption that new schools should be academies always and allows a wider range of proposals for new schools to be put forward.
During Committee, the noble Baroness, Lady Barran, argued that the presumption process has worked well and raised concerns about the capacity of local authorities to deliver new schools. We provided her with further information on these points at her request. I emphasise again that we recognise the contribution that academies make to high and rising standards.
On the particular points raised by the noble Baroness, Lady Evans, on the free school pipeline, just to be clear, we are proceeding with those mainstream projects that meet the needs of communities, respond to demographic and housing demand and will raise standards without undermining the viability of existing local schools and colleges. We will back new schools that offer something unique for students who would otherwise not have access to it, but, again, we need to understand the context in which we are operating. Primary pupil numbers have been falling since 2018-19. That decline is set to feed into secondary. Creating new free schools now risks adding surplus capacity while demographic need declines.
Free schools have been a very positive addition to our school system, but, since 2010, over £300 million has been spent on over 53 schools that subsequently closed: money that could have been invested in places for children with special educational needs or in addressing urgent condition needs in existing schools. It is important that we plan these school places and these new openings carefully. We continue to back academy schools and are encouraging high-quality trusts to grow, for example by confirming that the outstanding Star Academies trust will be able to progress the Eton Star Dudley and Oldham projects, which will support young people in disadvantaged areas to progress to top universities, as we have heard.
In Teesside, the decision not to proceed reflects careful consideration of the likely impact on existing good-quality provision. Our assessment of the local context in each area indicated that there was a higher potential risk to the sustainability of the existing academic provision in Teesside than in Dudley and Oldham, which could not be mitigated by conditions. That is why the decision was taken not to proceed in Teesside but to proceed in Dudley and in Oldham. We also undertook to explore with Eton Star whether learners can be supported in a different way through its work.
I do not apologise for the Government taking responsible decisions about how we spend public money on high-quality but also sustainable provision for the future. In relation to special needs schools, for high-needs places we are offering most local authorities the option of per-place funding to deliver the same number of specialist places differently or to continue with their special or AP free school. The measure in Clause 58 will still provide a route for strong trusts to open new schools. We know that high-quality trusts exist in many areas of the country, but not everywhere. In many areas, we expect proposers of new schools to be predominantly or even exclusively high-quality academy trusts, but in other areas, the right trust may not be immediately available to provide the school that is needed. That is why Clause 58 provides flexibility and will support local authorities in fulfilling their sufficiency duty by allowing a wider range of proposals from different bodies and for different types of schools to be considered from the start of the process. This will better enable good local schools to open when needed. Given that, I hope that the noble Baroness will feel able to withdraw her amendment and support Clause 58.
Member’s explanatory statement
This amendment would remove provision no longer needed because of the new general data protection override in section 183A and effect of 183B of the Data Protection Act 2018, both inserted by section 106 of the Data (Use and Access) Act 2025 which came into force on 20 August 2025.
Baroness Barran (Con)
My Lords, I have one substantive amendment in this group, Amendment 220, which is also signed by the noble Baroness, Lady Fox of Buckley. The noble Baroness, Lady Bennett, asked why the guidance needs to be statutory. I think the answer is that the issues associated with children who are questioning their gender at a young age overlaps significantly with the safeguarding responsibilities of a school and therefore should be on a statutory footing.
As we discussed in Committee, the consultation on the draft guidance for schools for children questioning their gender identity closed in May 2024, and we are now approaching the two-year anniversary of this. I must say that it is laughable that the Government think they will respond in a matter of weeks to a consultation about whether to prevent under-16s from accessing harmful and addictive social media, but it takes nearly two years and we have no response from government on the gender questioning guidance, which was in draft and had been consulted on. The Government repeatedly say they need time to get it right; I just wondered whether the Minister could give us an indication of how much time, and how much time they think they will need to get the social media issue right. It feels like, if this is two years, that might be 10 years. The Government really need to get moving to publish the guidance to safeguard our children in these schools from this very contested and harmful ideology.
I thank my noble friend Lady Sater and her cosignatories for the extremely constructive Amendment 243C, delivered with exactly the same amount of energy as our noble friend Lord Moynihan. We read in the national press about potential cuts to funding for sport in schools. I wonder whether the Minister can reassure the House that that is not the case. Sport is—I reluctantly admit, as the least athletic person in your Lordships’ House—extremely important. As we have heard, sport builds not just physical fitness but teamwork, mental resilience and an ability to meet the two imposters of triumph and disaster on the field with equanimity. I hope the Minister will give this amendment the consideration it deserves.
My noble friend Lady Morgan of Cotes made the case powerfully for bringing consistency to the provision of relationships and sex education and PSHE to pupils in FE colleges. The noble and right reverend Lord, Lord Harries, and I tussled over his amendment back in the Schools Bill in 2022, but he remains very persuasive on this subject. I look forward to the Minister’s reply.
Finally, I expressed our concerns about the amendments in the name of the noble Baroness, Lady Burt of Solihull, in Committee. I am afraid our position has not changed.
Baroness Smith of Malvern (Lab)
My Lords, the amendments in this group address themes that are central to pupils’ development and well-being, and the values that underpin life in Britain. The Government remain committed to supporting schools and colleges with clear expectations and guidance so that they can deliver high-quality teaching that reflects the diversity of young people’s experiences and prepares them for modern life.
Amendment 206, in the name of the noble and right reverend Lord, Lord Harries of Pentregarth, seeks to introduce and define values of British citizenship. Like the noble Baroness, Lady Barran, and as the noble and right reverend Lord admitted, I have also had the benefit of discussing this before, particularly when he introduced his Private Member’s Bill. We had a good debate, which was longer than we are going to be able to have today, on this issue and on some of the questions raised by noble Lords about how we can ensure citizenship is not only on the national curriculum but delivered effectively.
Although I agree with the sentiment, I do not believe that primary legislation is the right way to secure effective implementation. Schools already embed important values through their statutory duty to promote pupils’ spiritual, moral, cultural, mental and physical development. They should remain free to tailor their approach, ensuring that values remain relevant to pupils’ lives.
However, we need to do more to give citizenship teaching the place it deserves on the curriculum. That is why, following the curriculum and assessment review, we will introduce new statutory citizenship teaching at primary level and an updated secondary programme of study. Consultation on that work will be under way soon, so noble Lords who have rightly engaged in the debate about the significance of citizenship teaching will be able to contribute to that.
On Amendment 208 in the name of the noble Baroness, Lady Morgan of Cotes, as I said in Committee, we recognise the importance of supporting young people with high-quality teaching on healthy relationships. That is why personal, social, health and economic education, including sex and relationships, is taught in colleges. However, I recognise the gap in the nature of the requirement the noble Baroness identifies, particularly for further education colleges. We have begun to take action on that.
In response to calls from the further education sector, we commissioned a leading expert to create a well-evidenced range of resources to help colleges deliver high-impact relationships and sex education tutorials. I am grateful to Polly Harrow, our FE champion on this, for the work she is doing. The freely available toolkit provides high-quality lesson plans, materials and bespoke training to equip staff with the confidence needed to engage young people in conversations about misogyny, respect and consent, particularly given the context which many noble Lords have referenced this afternoon: the particular challenges for young people of this age, which I wholly accept and share their concern on.
I was particularly affected by the meeting I was able to have with Faustine Petron from the Make It Mandatory campaign, along with colleagues from the Sex Education Forum, End Violence Against Women and the Brook sexual health charity about the requirement to go further on this.
Although the Bill is not the best vehicle, as I have discussed with the noble Baroness, given this late stage in its progress and the absence of other further education measures, I intend to identify the most deliverable route to make relationships and sex education mandatory in further education. As the noble Baroness will know, I am not in a position to name Bills that may or may not be coming down the track, but she also referenced the possibility that somebody might choose this as a topic for a Private Member’s Bill. Were that to be the case, I would most certainly want to engage in supporting that making progress.
On Amendments 220 and 247 in the name of the noble Baroness, Lady Barran, we have been clear about our commitment to placing children’s well-being at the centre of guidance for schools on gender-questioning children. We are clear that the Cass review’s conclusions and principles—the review was of course published since the issuing of the draft guidance—need to be reflected in it and that schools can be confident in that.
We know that concerned professionals, parents and children would welcome clarity on how schools should respond to young people who are questioning their gender. We have been carefully considering all the evidence as well as responses from the public consultation. It is essential that we take the time to get this right and to consider the best way to support schools. We will confirm next steps in due course, but our approach is clear: an evidence-led approach, clarity for schools, and children’s well-being at the centre of it.
Turning to Amendment 231 in the name of the name of the noble Baroness, Lady Burt, this Government are committed to collective worship in schools. Schools are already required to promote spiritual, moral, social and cultural development within their curriculum and have flexibility to deliver non-religious assemblies. We plan to publish updated guidance later this year on collective worship in England to make expectations clear, including objective, pluralistic and critical delivery to give schools practical support.
Erasmus+ Eligibility: Asylum Seekers
Baroness Smith of Malvern Excerpts(1 week, 2 days ago)
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Viscount Stansgate (Lab)
My Lords, with the leave of the House, and with the permission of my noble friend Lady Bakewell, I beg leave to ask the Question standing in her name on the Order Paper.
The Minister of State, Department for Education and Department for Work and Pensions (Baroness Smith of Malvern) (Lab)
My Lords, the UK has agreed terms to join the Erasmus+ programme in 2027. The scope of the programme is set by the European Commission, and diversity and inclusion is a key priority. Erasmus+ dedicates additional support to people with fewer opportunities, which includes people with migrant or refugee backgrounds. Asylum seekers can benefit from a variety of Erasmus+ activities, such as inclusion projects aimed at fostering social integration, virtual exchanges or school twinning.
Viscount Stansgate (Lab)
I thank my noble friend for that Answer. Like many Members across the House, I hope, I am pleased that the UK’s resumption of participation in Erasmus+ is taking place. I hope that by the summer there will be a website with further information available. Does my noble friend agree that Erasmus+ supports the Government’s opportunities mission by enabling people from a wide range of backgrounds to take part? Can she confirm that participation will enable institutions to collaborate with international partners on areas such as innovation and educational improvement, which will strengthen the UK’s global reputation for education and training?
Baroness Smith of Malvern (Lab)
Yes, my noble friend is absolutely right. This is an enormously exciting opportunity for learners, for educators, for young people and for our communities. It is an investment in opportunity for our young people, our workforce and our future, opening doors for tens of thousands of people across the UK to benefit from those experiences. As my noble friend says, this includes our ability to learn from, and also share, the enormously important contribution that education makes to this country, to our exports and to our standing in the world.
Lord Harper (Con)
My Lords, I very much support the inclusion in this programme of those who have successfully got refugee status in the United Kingdom, in order to strengthen their integration into our society. But can the Minister explain why it is also open to those still seeking asylum who have not yet established their right to be in the United Kingdom? Many of those people’s claims will ultimately not be successful, and I do not know why we are spending significant amounts of our taxpayers’ money on putting on a very expensive European scheme when they have not yet established their right to be in our country.
Baroness Smith of Malvern (Lab)
Of course, the nature of the rights of asylum seekers means that they would not, for example, be able to benefit from travel overseas. Were they to be volunteering or in education, they could benefit from Erasmus programmes there.
Lord Mohammed of Tinsley (LD)
My Lords, may I press the Minister on the question of diversity in accessing Erasmus+, particularly in regard to pupils from state schools? I do not want international mobility to be the preserve just of schools in the private sector.
Baroness Smith of Malvern (Lab)
The noble Lord is exactly right. That is why we need to make sure, with this opportunity that we have with Erasmus+, that we do better than we did the last time we were in the Erasmus scheme in making sure that we get the benefits in the UK. It is a job for us all to make sure that our schools, universities, training providers and colleges understand the chances and are able to take them up, and that we see those chances shared widely among all those who could benefit.
Lord Austin of Dudley (Non-Afl)
My Lords, this is to be welcomed, but I am more concerned about the million unemployed young people—18 to 24 year-olds—who are not in education, training or work. I think this should be our number one priority. We should be talking about it all the time. The number of apprenticeships was pitiful before Covid and has collapsed since. Can the Minister update us on what the Government are doing to set an example, massively increase the number of apprenticeships in the public sector and require all those organisations in receipt of public funds or working on public sector contracts to employ apprentices as well?
Baroness Smith of Malvern (Lab)
This is a number one priority. In my work in the Department for Work and Pensions, the Secretary of State has been completely clear about the focus that we need to place on youth unemployment, on our youth guarantee and on appropriately spending the £1.5 billion that we received from the Budget in order to make sure that we reduce that million young people who are starting their working lives neither earning nor learning, with all the impact for them and the economy; and that we turn around the 40% decrease that we have seen in young people’s apprenticeship starts in order to provide opportunities for young people to be not only in work but in skilled work that will last them throughout their lives.
The Earl of Effingham (Con)
My Lords, it will cost taxpayers an estimated £9 billion to rejoin Erasmus. The projected special educational needs and disabilities funding deficit for 2028 is £6 billion and likely to rise. There are always trade-offs, but do the Government prefer to spend £9 billion on 17,000 students going overseas or £9 billion on 1.7 million special educational needs pupils and those mentioned by the noble Lord, Lord Austin of Dudley?
Baroness Smith of Malvern (Lab)
I am sorry, but I do not recognise those figures. What we have agreed is the joining of the last year of this round of Erasmus+ in 2027, at a 30% discount—something not achieved by the party opposite—saving UK taxpayers around £240 million and ensuring benefit to tens of thousands of UK students, school students, apprentices, youth groups and sports groups. I think that is good value for money in terms of individual opportunity, the change and the impact it will have on our status in the world, and our education system’s earnings.
The Lord Bishop of Sheffield
My Lords, I am proud that both the University of Sheffield and Sheffield Hallam University offer sanctuary scholarships to support talented students who have sought asylum in the UK. Noble Lords will know that many asylum seekers and refugees arrive in the UK already equipped with language skills, vocational training and, indeed, advanced degrees. Given the Government’s intention to introduce an international student levy on English higher education providers, will any of the revenue raised be reinvested in asylum seekers and refugees pursuing higher education or further education in this country?
Baroness Smith of Malvern (Lab)
All the revenue raised from the international student levy will be invested into higher education and the rest of the skills system, including the reintroduction of maintenance grants to enable students from all backgrounds to benefit from our world-class higher education. Our decision to lift the cap and to index-link tuition fee increases over the next few years will increase revenues to universities by £6 billion, while the international student levy will be a maximum of £1 billion, and not until 2027-28.
Baroness Garden of Frognal (LD)
My Lords, it was an absolute travesty that we left Erasmus with Brexit.
Baroness Garden of Frognal (LD)
Thank you, my Lords. I entirely agree with everything the noble Baroness has said, but are we rejoining Erasmus on the same conditions? Will our young people have the same opportunities as they had under the old system of Erasmus?
Baroness Smith of Malvern (Lab)
No, we are joining Erasmus on much better financial arrangements, with a 30% discount, for a larger scheme that will provide more opportunities for our young people and, in fact, for people throughout their lives, because in adult education you can benefit from this as well. We will get the benefit if we wholeheartedly embrace the opportunities that Erasmus brings and ensure that, across the country, schools, universities, apprenticeship providers, youth clubs and sports clubs are making the most of this opportunity.
Baroness Smith of Malvern (Lab)
The noble Lord is right. We have a job, as I was just suggesting, to make sure that schools around the country understand the potential of Erasmus. That is why we will soon be in a position to announce the national agency that will be co-ordinating this. As my noble friend Lord Stansgate said, information will be available soon to enable schools, universities and others to have the information that they need in order to develop the projects that will benefit children across the country.
Children’s Wellbeing and Schools Bill
Baroness Smith of Malvern Excerpts(1 week, 3 days ago)
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The Earl of Effingham (Con)
My Lords, I thank all noble Lords for their valuable contributions to this debate, particularly the noble Lord, Lord Bird, for his relentless focus on tackling poverty through the Big Issue and Big Issue Invest, investing in social enterprises, social purpose businesses and charities trying to end poverty and reduce inequality in the UK.
Your Lordships’ House is united in its determination to address child poverty and the range of complex issues that drive it. While we fully recognise the firm intent behind this amendment, His Majesty’s loyal Opposition retain a number of reservations, which we shared in Committee. We unequivocally hold a desire to reduce child poverty, but the issue is deeply complex. We have concerns that legally binding targets determined by central government risk overlooking the local and regional variances in the causality and the experiences of child poverty. As the noble Baroness, Lady Barran, highlighted in Committee, the pursuit of targets can often shift the focus on to particular statistics rather than people’s lived experiences. Central government must be able to adapt to ever developing needs and realities, in addition to enabling local authorities and organisations—which are often better placed to understand these esoteric local challenges—to act accordingly.
We will therefore welcome seeing the details of the Government’s child poverty strategy when it is published in the autumn, including new monitoring and evaluation arrangements to track progress, which, with the right strategy for delivery, should yield results. We once again thank the noble Lord, Lord Bird, for his dedication to this vital issue. While we cannot support the amendment directly, we strongly welcome the intentions behind it.
The Minister of State, Department for Education and Department for Work and Pensions (Baroness Smith of Malvern) (Lab)
My Lords, Amendment 107, tabled by the noble Lord, Lord Bird, seeks to place a duty on the Secretary of State to set legally binding child poverty reduction targets. I agree with other noble Lords that we have a shared objective to tackle child poverty. I thank the noble Lord, Lord Bird, for his commitment, the campaigning that he does and for the engagement with the Government on child poverty. We had a very good meeting, I thought, where we talked about the work of the Big Issue and the rightful challenge to the Government to ensure that the structure within government and the measurement of our objectives meet the challenge that has been set here. I will talk about how we will ensure that this happens.
I am proud that this Government have now published our child poverty strategy, going far beyond rhetoric—as one noble Lord suggested that we should do. But I do not agree with those who have argued that all Governments are the same or that the strategy lacks credibility. Several noble Lords have quoted the Joseph Rowntree Foundation. Its annual poverty report, published yesterday, states that the child poverty strategy is “hugely welcome”—particularly after the last Government made no progress in reducing poverty. The foundation welcomes the child poverty strategy delivering the projected biggest reduction in child poverty in a single Parliament.
We have been clear that our wide-ranging child poverty strategy will see the largest reduction in child poverty by any Government in a single Parliament, lifting 550,000 children out of poverty, principally through the expansion of free school meals and removing the two-child limit. These are both things that this Government have already done—to take up the challenge set by the noble Lord, Lord Storey. But, of course, we need to measure and demonstrate progress being made on this strategy.
I completely take on board that challenge. That is why the monitoring and evaluation framework, which was published alongside the strategy, set out that a baseline report will be published in summer 2026, with annual reporting on progress thereafter. It will be quite clear what progress the Government are making in a range of areas, and it will be possible to hold this Government to account for delivering on this crucial strategy and on our objectives. I say to the noble Baroness, Lady Bennett, that it will be very clear to voters that this Government will make progress, as the previous Labour Government did, in tackling the scourge of child poverty.
We recognise that our approach to monitoring and evaluation will need to evolve and adapt, as the strategy must, reflecting the dynamic nature of poverty and the broader social and economic factors that influence it. Although I understand the powerful point made by the noble Lord, Lord Bird, about the government machinery for ensuring progress, I think a strength of the child poverty strategy is that it is explicitly cross-government. It recognises that it will need action in a range of different areas to tackle child poverty. I also take his point that there needs to be a central directing part of government. That is why we have committed to maintain a child poverty team with cross-government oversight by Ministers.
These clear reporting arrangements and the focus on child poverty within government show our commitment and leadership and will ensure that the progress that we make is transparent to all. We will continue to work closely with the whole sector committed to tackling child poverty, as we have done in developing the strategy. We believe that this is the best approach, rather than introducing statutory targets. For these reasons, I hope I have provided some assurance about the commitment of this Government, the broad action that we will take as a result of the strategy, and the measurement and evaluation that we will put in place in order to ensure that the public and this House can hold us to account for progress. On that basis, I hope that the noble Lord, Lord Bird, will feel able to withdraw his amendment.
Lord Bird (CB)
Thank you very much. I have decided to join the Conservative Party. Can I meet the noble Earl afterwards and fill in the forms? Forgive me, I was only joking. I have never received such praise in the House.
I agree with the noble Lord, Lord Storey. I was trying to say that we need a new toolkit to dismantle poverty. Having a way of measuring it and of taking people to task because we say, “This is what you said you would achieve” can never be, as the noble Baroness, Lady Lister, said, the be-all and end-all. It must be part of the road towards the accumulation of evidence, the accumulation of opportunity and the accumulation of thinking that gets us somewhere we have never been before.
I do not want to pooh-pooh the Government or any Government for achieving the remarkable removal of 450,000 young people from poverty, but what about the other 4 million? That is the real problem. The real problem is that we are passing from generation to generation. A load of people who I have identified— 90% of the people I work with in homelessness, 90% of the people I work with in long-term unemployment, and 90% of the people I work with in the custodial system—come from the inheritance of poverty. They inherit poverty in the same way that Boris Johnson or David Cameron or anybody else inherits their position in the pecking order. If we have a situation where we have millions of people never arriving at the starting line of life, we have a major problem. That is where we need to concentrate our energy.
“Free school meals etc: information sharing(1) Section 110 of the Education Act 2005 (supply of information) is amended as follows.(2) In subsection (4), after “local authority” insert “or the appropriate authority of a relevant school in England”(3) In subsection (5)—(a) at the end of paragraph (a), omit “or”;(b) at the end of paragraph (b), insert“or(c) to the appropriate authority of a relevant school in England,”.(4) After subsection (5) insert—“(5A) Information to which subsection (1) or (2) applies may be supplied to the Secretary of State, or any person providing services to the Secretary of State, for use for the purpose of determining whether relevant financial assistance is payable or expendable in respect of a person in England.(5B) Information to which subsection (2) applies may be supplied to a local authority in England or the appropriate authority of a relevant school in England for use for the purpose mentioned in subsection (5A).(5C) Information received by virtue of subsection (5A) may be supplied—(a) to another person to whom it could have been supplied under that subsection,(b) to a local authority in England, or(c) to the appropriate authority of a relevant school in England,for use for the purpose mentioned in subsection (5A). (5D) A person who (after receiving information by virtue of this section) makes a determination described in subsection (3) or (5A) in respect of a person in England may communicate the determination to—(a) a parent of the person in respect of whom the determination was made,(b) a local authority in England, or(c) the appropriate authority of a relevant school in England.(5E) The communication may include information about the statutory provision or the arrangements under which the person in respect of whom the determination is made is eligible for free school lunches.”(5) After subsection (6), insert—“(6A) The references in this section to a local authority in England include references to any person exercising on behalf of such an authority functions relating to eligibility for free school lunches and milk or relating to relevant financial assistance.”(6) For subsections (7) and (8) substitute—“(7) For the purposes of this section, determining “eligibility for free school lunches and milk” means determining—(a) whether school lunches or milk must be provided for a person, free of charge and on request, in accordance with—(i) section 512ZB(2) or (3) of the Education Act 1996,(ii) regulations under section 342 of that Act (non- maintained special schools), or(iii) Academy arrangements;(b) whether school lunches or milk may or must be provided for a person, free of charge, by a local authority in England or the appropriate authority of a relevant school in England in accordance with one or both of the following—(i) the terms of relevant financial assistance;(ii) guidance issued by the Secretary of State.(8) The reference to school lunch in subsection (7)(b) includes food equivalent to a school lunch provided for a person educated otherwise than at school.(8A) In this section—“the appropriate authority” means—(a) in relation to a community, foundation or voluntary school or a community or foundation special school, the governing body;(b) in relation to a pupil referral unit, the local authority which maintains the unit;(c) in relation to any other kind of relevant school, the proprietor;“functions relating to social security” includes functions relating to Part 6 of the Immigration and Asylum Act 1999;“relevant financial assistance” means financial assistance given under section 14 of the Education Act 2002—(a) to a local authority in England or the appropriate authority of a relevant school in England, and(b) in connection with child welfare or the provision of education;“relevant school” means—(a) an Academy school,(b) an alternative provision Academy,(c) a community, foundation or voluntary school,(d) a community or foundation special school,(e) a non-maintained special school (within the meaning given by section 337A of the Education Act 1996), (f) a pupil referral unit, or(g) a city technology college or city college for the technology of the arts;“school lunch” has the same meaning as in section 512 of the Education Act 1996.””Member’s explanatory statement
This clause would amend section 110 of the Education Act 2005 to allow for information to be shared in order to identify persons who are eligible for free school meals, or are intended beneficiaries of financial assistance given to local authorities and schools under the Education Act 2002.
The Earl of Effingham (Con)
My Lords, we have listened with interest to the valuable contributions during this debate, and we thank all noble Lords who have both spoken to and tabled amendments in this group.
Amendment 114, in the name of the noble Lord, Lord Mohammed, seeks to fulfil the Government’s commitment to lowering the cost of school uniforms, but by a monetary cap rather than a limit on branded items. The principle of focusing on the actual cost to families, rather than on the number of branded items, underlines His Majesty’s Loyal Opposition’s support for both this amendment and for Amendment 117 in the name of the noble Lord, Lord Young of Acton. Both these amendments seek to address the real issue at the centre of the Government’s concern: bringing down the cost of school uniforms.
It surely makes sense that items provided or loaned free of charge to a pupil should be excluded from the restriction on branded items, on the basis that this imposes no financial burden on families and gives schools greater flexibility, while acknowledging that they already try to help pupils where possible.
I turn to Amendment 118 from the noble Lord, Lord Mohammed, which seeks to extend the VAT zero rating for certain items of pupils’ school uniform to the age of 16. As was noted in Committee, children’s clothing and footwear designed for children under 14 years of age already attracts a zero rate of VAT if they meet specific conditions. We would therefore be grateful to hear from the Minister how the Government intend to address the issue of raising the zero VAT threshold from 14 to 16, which would address noble Lords’ concerns.
Amendment 119, in the name of my noble kinswoman Lady Boycott, seeks to prohibit school uniform items which contain PFAS chemicals. Amendment 119A, tabled by the noble Baroness, Lady Bennett, similarly requires the Secretary of State to report to Parliament on the health implications of school uniforms. While existing guidance asks schools to consider sustainability and ethical supply chains, my noble kinswoman is entirely correct: we must also consider health concerns. We look forward to hearing from the Minister about what work the Government will commit to when undertaking these many important issues.
Baroness Smith of Malvern (Lab)
My Lords, it seems appropriate to follow the debate on child poverty with a debate about the action this Government are taking to cut costs for families—in this case, our commitment to cutting the cost of school uniforms for families by limiting the number of branded items that schools can require pupils to have. This will give parents the flexibility to buy more items from a range of retailers, including high street retailers, and to make spending decisions that suit their circumstances.
Turning to the specifics of the amendments, Amendment 117, tabled by the noble Lord, Lord Young of Acton, would exclude from the limit on branded uniform items which have been loaned or provided free of charge to pupils. It would allow schools to require pupils to wear more than three branded items of uniform—or more than four where a secondary school includes a branded tie—provided that parents do not have to pay for them. I appreciate the issues and concerns underpinning this amendment, particularly the need to preserve schools’ ability to lend or give branded uniform, or the ability to accept loans or gifts of sports equipment, but it is not necessary.
Following my letter to the noble Baroness, Lady Barran, on this matter, I wrote to Peers highlighting the recent draft statutory guidance, confirming that optional items are excluded from the limit. Schools may still sell, loan, or provide additional branded items, provided that wearing them is optional. For example, schools will still be able to loan or provide a specific kit for inter-school sports competitions, as many already do. However, schools should not require pupils to wear branded items for activities unless they count towards the limit. If a pupil cannot or does not wish to wear a loaned branded item, schools should allow a suitable alternative such as a plain sports shirt in a similar colour, or another branded item already part of their PE kit or uniform.
Speaking as the former goalkeeper of the Dyson Perrins CofE Academy hockey team, and goal attack of the netball team, I think I would have been perfectly able to recognise my team, even if one or two of them had been wearing a school-coloured plain shirt rather than the PE kit that had been loaned to them.
I am not sure that it is the disastrous impact that noble Lords here are suggesting, but what is disastrous is where the cost of uniform becomes a barrier to participation at school, including in extracurricular activities. As the noble Lord said, the limit applies only to items required by schools and not external bodies. Our guidance clarifies that Scouts and cadet force uniforms are not captured. As I explained in Committee, we want clarity for parents. This amendment risks confusion about whether a compulsory branded item counts towards the statutory limit, depending on how it was obtained. There is also a risk that, if schools become overly reliant on loaning out key elements of uniform, parents may fear being charged for expensive replacements if those items are lost or damaged.
Member’s explanatory statement
This amendment would ensure that a parent must obtain local authority consent to withdraw their child from school if the authority has taken action under section 47(8) of the Children Act 1989 at any time during the period of 5 years prior to the application.
Baroness Smith of Malvern (Lab)
My Lords, before I turn to the groups concerning home education, I thank noble Lords for the thoughtful contributions made in Committee and those who have engaged since then in detailed discussions with my department. I want to reiterate that most families who choose to home-educate do so with their child’s best interests at heart. They do not present safeguarding concerns, and it is not the Government’s intention to place unnecessary burdens on them.
However, we must face the reality that some children are in unsafe or unsuitable education and, unlike children in school, they can lack regular contact with adults who can safeguard and support them. These measures seek to strike the right balance between recognising parents’ right to home-educate while ensuring that vulnerable children do not slip through the cracks. They follow repeated attempts by the previous Government and others to legislate for children not in school registers. Of course, new evidence recently has come to light that further underlines the need for appropriate information sharing, earlier identification of children’s needs and stronger safeguards for home-educated children.
The local child safeguarding practice review into the tragic death of Sara Sharif, the NSPCC’s Tipping Point report, and Ofsted and CQC’s thematic review into children not in school all underline the need for more touchpoints for children who are currently being home-educated or children in school who may become home-educated in future. In reflecting on the findings of the Sara Sharif review, it is important to be clear that, while home education was relevant to Sara’s visibility to agencies, her death was caused by the actions of her father, not by her being home-educated. The review identified serious system-level failures across multiple agencies. That is why the Bill contains a broader set of reforms to strengthen multi-agency practice, improve information sharing and enhance professional oversight and decision-making across children’s social care.
The children not in school provisions and the amendments that we are tabling in response to the review serve a distinct and more targeted purpose. They are designed to provide proportionate safeguards at the specific points where children can become less visible to professionals, without replicating or expanding the child protection system. These measures will help to ensure that children who may benefit from early help or additional support are not overlooked, while maintaining protections for family privacy and parental choice.
Our government amendments improve safeguards for vulnerable children, cut red tape in relation to children not in school registers and strengthen the support offer for home-educating parents. Statutory guidance will provide greater reassurance on data protection and explain the routes of complaint and appeal for parents.
Government Amendment 120 would extend the consent requirement to parents of children who have been on child protection plans in the last five years. It is important to remember that child protection plans are not entered into lightly. They are reserved for those children who are suffering or at risk of significant harm, and for whom urgent, co-ordinated action is needed to keep them safe.
Children do come off child protection plans. With the right support, family circumstances can stabilise, risks can reduce and families can make meaningful, sustained change. I commend those parents who work constructively with support from social care services. Their commitment is often what makes it possible for child protection plans to be discharged. But many families who come off child protection plans need ongoing support to sustain progress. Removing a child from school for home education could be destabilising and make them vulnerable to harm again. That is why we have tabled this amendment: to provide an additional check for children who have recently come off plans, checking that their progress can be sustained if they move into home education.
Government Amendments 165, 169 and 172 would allow local authorities to require school attendance, where it is in a child’s best interests, for children who have been on a child protection plan in the last five years. School is not only a place where a child can receive a suitable full-time education. For some children it is also a protective space—somewhere they are guaranteed access to pastoral support and adults outside the home. For children who are experiencing or are at risk of significant harm, it can be in their best interests to attend school for this reason.
Given the potential for children who have recently been discharged from plans to become vulnerable to harm again without continuing support and engagement, it is right that we extend the power for local authorities to require these children to attend school via the school attendance order process if it would be in the child’s best interests to do so. Crucially, my Amendment 172 would ensure that any school attendance order made on these grounds must be revoked once the five-year period has passed, provided that there is no current child protection plan or Section 47 inquiry.
Government Amendments 125 and 126 would provide for a pilot scheme in selected areas under which local authorities must meet with parents wishing to withdraw their child from school for home education. Any decision to introduce these meetings nationally following the pilot would be subject to affirmative regulations and a consultation.
The review into the death of Sara Sharif recommended that a meeting take place before children about whom there are concerns are removed from school, as a way of preventing children who are being harmed from slipping under the radar. Our amendments also look to address the separate concerns that have been raised in both Houses about families who are driven to home education because they feel that their child’s needs are not being met in school. No parent should find themselves in that position.
If parents choose to home-educate, it should be an informed decision made with a clear understanding of the alternatives, the commitments involved and the support available from their local authority. These meetings are intended to help parents in their decision-making process as well as to identify children who may need support.
In pilot areas, before their child’s name is removed from the school roll, parents wishing to home-educate their child would be required to attend a meeting with the local authority. The meeting would cover their reasons for wishing to home-educate; the responsibilities of local authorities and parents in relation to home education; how the parent plans to secure a suitable full-time education for their child; safeguarding and welfare; any support needs the child may have and how these could be met; and anything else relevant to the parent’s decision to withdraw the child for home education.
Children will be required to attend the meeting with their parents unless exceptional circumstances apply. It is important that children have opportunities to express their views, and this meeting would provide one such opportunity. Statutory guidance would set out circumstances in which attendance may not be appropriate.
Unless a parent requires permission from the local authority to home-educate their child—such as when their child is on a child protection plan—and that permission is declined, the child’s name must be deleted from the school roll after the meeting has concluded. The child will then be added to the local authority’s children not in school register and the authority will record the outcome of the meeting. If the local authority has concerns based on the meeting, these should be followed up.
We expect that many parents would welcome these meetings as a constructive starting point with their local authority, but recognise that some may feel anxious about this requirement. That is why this amendment requires a pilot scheme and not an immediate national rollout. We want to be confident that these meetings would deliver clear benefits for children and families.
To provide further reassurance, the amendment will place clear limits on the pilot: it must be introduced within two years of the section containing the pilot and consent measure coming into force; it must run for only two to five years; and it may involve no more than 30% of local authorities in England or Wales. Further details on the pilot will be set out in regulations subject to the affirmative procedure and in statutory guidance, which will be informed by a consultation.
Government Amendment 131 would require local authorities to assess a child’s home environment within 15 days of them becoming registered on their children not in school register, and to consider the other settings where the child is being educated, of which the local authority is aware, within 15 days of recording this information on their registers. As part of this new requirement, local authorities will be empowered to visit the child in their home.
This responds directly to a recommendation from the review into the death of Sara Sharif, which made clear the importance of setting a clear expectation that local authorities consider the suitability of a child’s home environment as soon as possible after withdrawal from school. The most straightforward way for a local authority to meet this requirement is to visit the family in their home at the point of registration. For many families, a visit from their elective home education officer is already a routine part of an annual check-in.
As local authorities will be required to consider the child’s home and empowered to request a home visit, we have also tabled Amendment 134, which requires registers to hold information about any address that a registered child lives at in addition to their primary home. This amendment is intended to address circumstances where a child has more than one residence—for example, where they reside with each separated parent.
Government Amendment 145 would allow the outcomes of any home visits or considerations of the child’s home and education settings to be prescribed for inclusion in children not in school registers. If local authorities are required to actively consider these environments, it is important that the conclusions that they have drawn are recorded. This would ensure an audit trail of any concerns and the steps taken in response.
Baroness Barran (Con)
My Lords, I shall start, where the noble Lord, Lord Storey, finished in recognising the work of Lord Soley, who devoted many years to this issue. I hope somewhere, in his retirement, he is aware of what is happening here.
As we have discussed previously, there are at least three groups of families who educate their children at home: those who do so for philosophical reasons, where they make a positive choice; those who feel their children are struggling at school—many of whom, as we heard from my noble friend Lady Shephard, have special needs—and may not have chosen home education but believe it is in their best interests; and those whose children are faced with exclusion from school or other issues, where we are right to have concerns about their safety. The noble Lord, Lord Crisp, whom I genuinely have huge respect for—I am grateful for the collaborative way he has worked on this Bill across the House—talked about serious case reviews, but two-thirds of serious case reviews are of children of preschool age, so we are not comparing apples with apples.
The Government have introduced some very serious, albeit belated, and positive amendments, partly in response to the recommendations from the review of the death of Sara Sharif. Again, like the noble Lord, Lord Storey, we welcome government Amendments 125 and 131 in particular, which would pilot holding a meeting with parents before removing a child from school and giving the option of a visit within 15 days of a child starting home education. But in principle, we support almost all the government amendments in this group.
However, government Amendments 120 and 131 leave material gaps, which I believe we have a duty to close. I was very fortunate to meet recently the authors of the Sara Sharif serious case review, Russell Wate and Jane Wonnacott, in their capacity as independent experts in this area. My revised amendments to Clauses 31 and 32 stem largely from that conversation and might have made a difference in her case but also in many others. The national Child Safeguarding Practice Review Panel report looked at the cases of 41 home-educated children, six of whom died and 35 of whom suffered serious harm. Of this group, half had never been to school and just over half had no agency involvement at the time. So, not all these children were visible.
We need to be able to talk about this group of children without in any way casting aspersions on the good intentions, commitment and efforts of parents who are bringing up their children by educating them at home who are not at risk. But we do need to learn lessons from these reviews. That is why we write them. And we have to have a proportionate approach to the risk those children face.
I am grateful to the other noble Lords who have signed my Amendment 121A, but I also point out to the House that it has the support of the Children’s Commissioner, Dame Rachel de Souza. Amendment 121A would tighten up the conditions that will give the local authority the ability to withhold consent for a child to be electively home-educated; in contrast, as we heard, the government amendment would be limited to a child who had been on a child protection register within the last five years. My amendment would include children who have ever been subject to care proceedings, whether or not they resulted in a care order.
As my noble friend Lady Spielman said—or perhaps it was the noble Lord, Lord Meston, or both—care proceedings are a serious move on the part of the state. In Sara’s case, two care orders were applied for in her short life; neither was successful. Amendment 121A would also include children who have ever been subject to child protection inquiries or placed on the child protection register. Again, in Sara’s case, she was only on a child protection plan at birth, so the Government’s amendment would have made no difference in her case.
Perhaps most importantly, the government amendments currently include children who are defined as a child in need under Section 17 of the Children Act. The Government have already included within Section 17 those children who are in a special school because of their special educational needs and disabilities, but they have expressly excluded children who under Section 17 are a child in need because of abuse or neglect. The department’s own data recently showed there are almost 30,000 children categorised as children in need who are suffering child sexual abuse and a further 12,000 who are sexually exploited. So, the bar for what is a child in need has moved up and up with the pressures that we have seen on the child protection system, and I really hope that the Minister, when she comes to reply, will address that point, because it makes me anxious, with my experience in child protection. These children are under much less scrutiny than the child who is on a plan. They are the more vulnerable children, and I think they need to be included in this group.
When I met with officials, they argued that the Government’s reforms would mean that all those children who are sexually exploited or sexually abused would now be on a child protection plan, but I would rather err on the side of caution and make sure that we capture them in this.
I entirely accept the point from the noble Lord, Lord Crisp, regarding adoption; that was an oversight in the drafting of my amendment. But let us be clear: the consequence is that a child has to go to school; the consequence is not endless involvement of a local authority in a family’s life. The child goes to school—something which the vast majority of children in this country do.
My Amendment 131A has perhaps been slightly misunderstood. It
“would require the local authority to conduct a home visit where a child has ever been subject to care proceedings, named in a child protection plan”—
not, as was suggested, if there have been investigations that might be malicious—
“or is currently classified as a child in need”.
The noble Lord, Lord Crisp, is right. For some children, home is a safe space, but for too many children, home is the exact opposite, and we need to walk over the threshold on behalf of those children.
I accept there have been concerns about my Amendment 121B, and I would not want to do anything that would put victims of domestic abuse at further risk. I hope the Government can come back with something that is workable there.
Anyone who has worked in child protection will know that the line between the child who dies or is seriously harmed and the child who survives is a very, very fine line; it might come down to the school or the neighbours or the bus driver or somebody noticing something and acting. So, what my amendments aim to do is to cast the net in a proportionate way that would drive professional curiosity on the part of local authority staff but allow us to identify those children who are at risk of suffering neglect or abuse if they are taken out of school and become invisible. I hope the Minister will be able to address those points.
Baroness Smith of Malvern (Lab)
I will focus on the detail of the amendments in this group, rather than on some of the broader arguments made by noble Lords. Both on Second Reading and in Committee, we have talked about home education issues at considerable length.
Lord Crisp (CB)
Is the Minister saying that when a local authority has just granted authority to parents to take responsibility for life for what are difficult children with trauma in their background, fairly soon afterwards you are going to second-guess them about how they should do education? The Minister may say that it should be done softly, but essentially that is what she is saying—that she is going to make them jump through yet another hoop.
Baroness Smith of Malvern (Lab)
No, that is not what I am saying. I am saying that these are children who, almost by definition, will have gone through difficult and traumatic circumstances. Therefore, the opportunity within that five-year period to have the process for ensuring that they would not be better served by staying at school would serve those children well. I was about to say that, of course, those parents will already be well known to the local authority, and we would expect those checks to be relatively quick because the relevant information and relationship with the parents is already built.
On Amendment 121A tabled by the noble Baroness, Lady Barran, I thank the noble Baroness as well as the noble Lord, Lord Russell, and others for their constructive engagement last week. They have referenced the meeting they had with my officials on the detail of their amendment; of course, it was also with Steve Crocker, the non-executive board member for the department and former president of the Association of Directors of Children’s Services, and the DCS in Hampshire. The amendment would seek to extend the requirement to get permission to withdraw a child from school to home-educate them to a much broader group of children, including all children who are or who have ever been the subject of a child protection inquiry or child protection plan; those who are or have ever been the subject of proceedings relating to supervision or care orders; and those who are currently receiving support and services as a child in need under Section 17 of the Children Act 1989.
We tabled our amendment to extend the requirement to children who have recently been discharged from child protection plans because we felt that five years was a reasonable period in which to expect a family to show sustainable change. Extending the timeframe to consider all children previously subject to a child protection inquiry or plan, and including those who have been subject to proceedings or are currently receiving support from children’s social care, risks discouraging families from agreeing to accept support and services early or may lead to them withdrawing from this support, if consent from the local authority is required to home-educate.
The right reverend Prelate the Bishop of Manchester called this amendment a nuanced approach. Well, it is not a nuanced approach because it aims to use this specific consent provision to solve much wider issues within the Bill and goes far beyond, in terms of the breadth of children it would encompass, those included by the Government’s amendment. It is exactly the opposite of what we want to achieve through the Families First Partnership programme, whereby we want to broaden the group that come forward for help at the earliest possible opportunity.
Noble Lords have rightly expressed their concern about the children who fall through the cracks in the system, and that is why we are fixing the system that safeguards and protects children and investing £2.4 billion in rolling out the Families First Partnership programme. It is why we are developing multi-agency child protection teams in every local area and legislating for better information sharing and a stronger role for education and childcare settings in local safeguarding arrangements. These measures are designed to identify and support more quickly children who need help and protection.
The noble Lord, Lord Storey, touched on the fact that this amendment would capture every parent whose child has ever been the subject of a child protection inquiry who wishes to remove that child from school. Let us not forget that a Section 47 inquiry is a significant event for a family—an intrusion into family life without consent. I know we all agree that this is the right thing to protect children from harm where it is needed, but last year alone just under 200,000 children aged between five and 15 were the subject of an inquiry. While I recognise that only a small number of these parents will want to home-educate, it would be both a significant undertaking for a local authority and a significant additional intrusion for those parents where concerns were not substantiated and no further action was taken.
On broadening the consent measure to include children where supervision or care proceedings are or have been initiated, once again it is a significant undertaking for the local authority to seek court intervention in family life. In these circumstances, the local authority should and will be assessing the safety and well-being of the children. Most of these children will have been on child protection plans before proceedings are initiated, so they will already be within the consent measure. Where proceedings are historic and there are still safeguarding concerns, these children should be being picked up through existing safeguarding mechanisms such as those already captured by the existing consent requirements. The question we need to ask ourselves is whether this is a proportionate approach. I understand the concern to mitigate risk at every possible occasion, but we also need to recognise that this is not the appropriate tool to use, given that this Bill is about improving the whole of the system much more radically.
Amendment 131A, tabled by the noble Baroness, Lady Barran, would require local authorities to visit the child’s home environment for certain groups of children. Amendment 131 already provides sufficient safeguards by allowing local authorities to consider the child’s home and other education settings and to request a visit to meet the child. Local authorities should already be undertaking home visits as part of their regular oversight of children subject to child protection inquiries or plans, children on child in need plans, and those involved in care or supervision proceedings. The statutory guidance, Working Together to Safeguard Children, is very clear. It is part of their duties to safeguard and promote the welfare of all children in their area; this would include visiting children who need help, support or protection, and we will also clarify in statutory guidance on the registers that these children should be prioritised for visits at the point of registration.
Amendment 121B, tabled by the noble Baroness, Lady Barran, seeks to ensure that the views of all parents of the child are considered as part of the local authority’s decision to grant permission for a child to be removed from school for home education. In most cases, we would expect local authorities to seek the views of all parents when they are considering whether to grant consent. However, there will be situations where doing so would be inappropriate. I think we can imagine what some of those might be. Of course, requiring the local authority to consult all of those with parental responsibility could delay a consent decision in circumstances where, for example, estranged parents are hard to reach. We will make this clear in statutory guidance.
Amendment 122, tabled by the noble Lord, Lord Crisp, would require a court to confirm the local authority’s assessment that it is in the child’s best interest to receive education by regular attendance at school. We believe that local authorities will be well placed to make these decisions, as they will be aware of the child’s circumstances and can draw on multi-agency expertise, as well as parental views, in their decision-making. Introducing a requirement for court confirmation would add unnecessary delays.
Amendment 123, tabled by the noble Baroness, Lady Barran, seeks to require a local authority to provide a statement of reasons if it refuses to grant permission for a child at a special school to be home-educated. I wholly agree that it is right for reasons to be provided, and we intend to make this clear in statutory guidance, which we will consult on. In that consultation, we will also consider to what extent a local authority’s reasons for a decision should include the costs and benefits to the child of permission being granted or refused.
Amendment 124, tabled by the noble Lord, Lord Crisp, seeks to ensure that the process by which parents can appeal a consent decision made by a local authority is transparent and fair. The first proposed new subsection in this amendment makes many sensible suggestions but I do not think it is necessary to place this level of detail in the Bill. I wrote to noble Lords earlier this month outlining the department’s intention to provide more in-depth guidance on the appeals process, which will include target timelines and examples of the type of evidence that may be submitted. I am afraid that I do not agree with the second proposed new subsection. The tribunal process can be lengthy and these types of cases do not fall within the current remit of the Local Government Ombudsman. The appeals process proposed in the Bill is uncomplicated, objective and will be the most efficient route for parents to get a final decision.
Amendment 125A, tabled by the noble Lord, Lord Crisp, seeks to amend the provisions of government Amendment 125 to establish a pilot scheme of mandatory meetings. I am grateful to the noble Lord for the intention that lies behind his amendment. The Government’s amendment places a clear requirement on local authorities to record the outcome of these meetings. Should this provision be accepted, statutory guidance will make explicit that the record must include any concerns that parents express about schools, as well as actions taken by the authority in response. As part of the pilot, we intend to gather this information so that we can understand how it is being used and how it might drive improvements across the system—this is a call made by other noble Lords as well—so we can get a better understanding of why, as was raised by the noble Baroness, Lady Shephard, parents are withdrawing their children from school.
Amendments 164B, 164C and 167A, tabled by the noble Lord, Lord Wei, seek to give discretion or place limitations on when local authorities may issue preliminary notices or school attendance orders. The department agrees that it is important that local authorities work to foster positive relations with home-educating families, which is why the Bill introduces a support duty. We have tabled an amendment to require local authorities to offer home-educating parents a biannual forum to discuss any concerns or issues. However, if a child is in potentially unsuitable education or education that is not in their best interest, action must be taken without delay.
Amendments 170A and 170B, tabled by the noble Lord, Lord Wei, seek to place limitations on when a local authority can request a home visit when considering whether a school attendance order should be served. By this stage of the school attendance order process, a local authority will already have used informal inquiries and a preliminary notice to the parent to obtain information about the child’s education. A parent will therefore have had several opportunities to satisfy the local authority that their child is in receipt of a suitable education. Requiring a local authority to obtain a court order to conduct a visit would not be an appropriate use of the court’s time and could prolong the time a child spends receiving an unsuitable education. We will use statutory guidance to help local authorities sensitively conduct these visits and we are developing a training package for local authorities focusing on their new duties.
Amendment 175ZD, tabled by the noble Lord, Lord Wei, is unnecessary because Section 7 of the Education Act 1996 is clear that education otherwise than at school is a legitimate choice for parents—incidentally, a point that has been made by the Government throughout the whole of this debate and consideration of the Bill.
Amendment 175ZE, tabled by the noble Lord, Lord Wei, seeks to require the Secretary of State to issue a code of conduct in respect of attendance. There is already statutory guidance that sets out in detail the roles and responsibilities for all the institutions and persons listed in this amendment in relation to improving school attendance. The department published the Working Together to Improve School Attendance guidance in 2022, following full public consultation, and it was updated less than 18 months ago in August 2024.
This has been a wide-ranging group of amendments, but I hope that I have addressed noble Lords’ concerns. I commend the government amendments, particularly government Amendment 120.
Lord Hampton (CB)
Before the noble Baroness sits down, I am slightly disappointed that she did not comment on something that I would like to hear from her. The noble Lord, Lord Lucas, for whom I have enormous admiration—particularly as he was very kind about Mossbourne just now—said that there are plenty of schools like the one in episode two of “Adolescence”. It really bugs me that, although “Adolescence” is an extraordinary piece of drama, it is now being taken as a documentary. It is a dystopian view of schools. Will the Minister assure the House that there are not plenty of schools like in episode two of “Adolescence”?
Baroness Smith of Malvern (Lab)
I am more than happy to do that. The point we have raised consistently throughout this is that it is right that parents have the ability to home-educate their children, if that is what they choose to do, but the idea that they are forced to do that because the vast majority of our schools are bad is simply wrong. The vast majority of our schools do a very good job for children. That is why the vast majority of children are educated within them and benefit from that.
The Deputy Speaker (Lord Young of Cookham) (Con)
The debate is in the name of the noble Lord, Lord Crisp. Does he wish to respond?
“434B Mandatory local authority meetings prior to withdrawal of child from school(1) The appropriate national authority must, by regulations made before the end of the relevant period, make a scheme (“a pilot scheme”) to provide—(a) that the parent of a child must attend and participate in a meeting with the local authority responsible for the child if the parent intends—(i) that the child should cease to attend the school at which the child is a registered pupil, and(ii) to withdraw the child from school for the purpose of causing the child to receive education otherwise than at a school,(b) that the local authority must ensure that the following matters are discussed with the parent during the meeting—(i) the duty of parents under section 7 and how the parent plans to meet this duty;(ii) the duties of the local authority, including the support duty under section 436G;(iii) the parent’s reasons for considering that the child should receive education otherwise than at school;(iv) any support needs that the child may have and how those needs could be met;(v) the safeguarding and welfare of the child;(vi) anything else relevant to the decision to withdraw the child from school,(c) that the child must attend the meeting unless exceptional circumstances apply,(d) that a representative of the school at which the child is a registered pupil must attend the meeting if the parent consents to the representative’s attendance,(e) that the proprietor of a school must not allow the deletion from the school’s register of the name of the child unless the proprietor receives notice from the local authority that the meeting has taken place in respect of the child, and(f) that the local authority must record the outcome of the meeting or whether the meeting was refused.(2) The “relevant period” is the period of two years beginning with the day on which section 31 of the Children’s Wellbeing and Schools Act 2026 comes fully into force.(3) The regulations must also specify—(a) the local authorities in respect of which the pilot scheme will operate, and(b) the period for which the scheme has effect.(4) The number of local authorities specified under subsection (3)(a) must not exceed 30 per cent of all local authorities in England or 30 per cent of all local authorities in Wales as the case may be.(5) The period specified under subsection (3)(b) must not be less than two years and must not exceed five years.(6) The regulations may provide for exemptions from the pilot scheme in respect of descriptions of children as specified in the regulations. (7) The regulations may make provision for, or in connection with, any arrangements that the appropriate national authority considers are required to ensure that the pilot scheme can operate.(8) The provision that may be made by virtue of subsection (7) includes—(a) provision modifying or amending the pilot scheme for the purpose of ensuring that the scheme can operate in relation to children falling within section 434A;(b) provision modifying or amending section 434A for the purpose of ensuring that the pilot scheme can operate in relation to children falling within that section.(9) Subject to subsection (10), the appropriate national authority may by regulations—(a) make provision to end the pilot scheme;(b) provide that the provisions mentioned in paragraphs (a) to (f) of subsection (1) have effect, after the expiry of the pilot scheme, in relation to all local authorities, subject to any exemptions for descriptions of children as specified in the regulations;(c) amend section 434A for the purpose of ensuring that the grant of local authority consent to withdraw a child from school under that section is conditional on the parent of that child attending and participating in a meeting with the local authority responsible for the child, as described in paragraphs (a) to (f) of subsection (1), subject to any exemptions for descriptions of children as specified in the regulations;(d) make provision for, or in connection with, any arrangements that the appropriate national authority considers are required to ensure that any provision made under paragraphs (a) to (c) can operate.(10) Regulations under subsection (9) may be made only after the pilot scheme has operated for a period of no less than 2 years.(11) Before making any regulations under this section, the appropriate national authority must consult such persons as the appropriate national authority considers appropriate.(12) In this section “appropriate national authority” means—(a) in relation to England, the Secretary of State;(b) in relation to Wales, the Welsh Ministers.(13) If a draft of a statutory instrument containing regulations made by the Secretary of State under this section would, apart from this subsection, be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not such an instrument.”Member's explanatory statement
This amendment would allow regulations to make pilot schemes requiring parents who wish to withdraw their children from school to attend mandatory meetings with the local authority. Regulations may also extend the provisions to all local authorities, following the end of the pilot scheme and a consultation.
“(2) In section 569(2A) of the Education Act 1996, after “section” insert “434B”.” Member's explanatory statement
This amendment is consequential on my other amendment of clause 31, page 57, line 2 and will ensure that regulations made under the provision inserted by that amendment will be subject to the affirmative procedure.
Baroness Barran (Con)
The Minister always says warm and wise words—well, some of the time.
Member’s explanatory statement
This amendment would clarify the intention that section 436B(5)(b)(ii) of the Education Act 1996, as inserted by clause 32, refers to a comparator child in full-time education.
“(8) Before the end of the period of 15 days beginning with the day on which the local authority registers a child under this section, the local authority—(a) must consider where the child lives, and(b) may request the child's parent to allow the local authority to visit the child inside any of the homes in which the child lives.(9) If a request under subsection (8)(b) is refused by the person to whom it is made, the local authority must consider that to be a relevant factor in determining whether to serve a preliminary notice under section 436H.(10) Before the end of the period of 15 days beginning with the day on which the local authority includes in the register the information mentioned in section 436C(1)(e) in respect of a child, the local authority must consider the settings where the child is being educated that the local authority knows about.” Member’s explanatory statement
This amendment would provide a new duty for local authorities to consider the child’s home and education settings, and a power to request a home visit, soon after registration under section 436B (as inserted by clause 32).
Baroness Barran (Con)
My Lords, I will speak very briefly. I am not going to divide the House on Amendment 131A, although I feel I ought to, but I would be grateful if the Minister could agree to write to me, and put a copy in the Library, explaining what the purpose of Amendment 131 is, because my amendment would have brought absolute clarity as to which children and which homes would receive a home visit. She said that children to whom Section 47 applied would get a home visit anyway, but the implication was that those other groups of children would not. It would be helpful to know how the Government are planning to give clarity to local authorities. At a high level, what will the guidance say? Are there powers that the Government are taking within the Bill that would allow them to introduce something like my amendment in future if it appeared to be necessary? If she could commit to write, I would be very grateful.
Baroness Smith of Malvern (Lab)
I am happy to commit to write and respond to those questions.
Member’s explanatory statement
This amendment would ensure that the register also contains the previous address of the child where they have lived at their current address for less than 12 months.
Baroness Barran (Con)
My Lords, my amendments in this group pull in two slightly different directions. If the Minister and her officials are confused, I apologise, but I will try to explain why.
The main thrust of my amendments, as the noble Lords, Lord Crisp and Lord Hacking, both said, is to try to simplify the amount of specific detail required to be held on the register in future. I too very much welcome the Government’s decision to simplify a lot of the information that was in the original draft of the Bill and to leave a bit more room for professional curiosity on the part of the home education team in the local authority. My Amendments 135A, 135B and 146A all point in this direction and give the Government different options—a pick-and-mix menu to achieve this end. Amendment 146B would make it clear that a local authority can request further information where it believes that a child might not be receiving a suitable education or that their welfare may be at risk.
In the other direction is my Amendment 143B— I hope the Minister will be able to address this specifically when she sums up—which would establish a duty to record information relating to care proceedings. I think that is missing from the current list, but the Minister will tell me whether I am right or wrong on that. This would include information relating not just to the child but to their siblings. We are all aware of cases where siblings or half-siblings are in care proceedings, perhaps if they are babies or under five, but an older child might not be. It feels highly relevant, if a child is going to be taken out of school, that the local authority has that level of concern about other children in the family. I hope the Minister feels able to accept that and perhaps bring back a government amendment at Third Reading.
Baroness Smith of Malvern (Lab)
My Lords, as noble Lords have noted, the amendments in this group are all about how we reduce the burden on parents of providing information for children not in school registers while maintaining the purpose of those registers. As I said in the previous group, I have taken seriously noble Lords’ views that the provisions as drafted in the Bill were too onerous for parents. At the same time, it is important to remember that the system we are proposing is still incredibly light-touch relative to what is mandated in many other countries.
I turn to the amendments proposed by my noble friend Lord Hacking—134A, 139, 140 and 141—and Amendments 135A and 135B tabled by the noble Baroness, Lady Barran. These would remove certain information requirements or replace them with more limited alternatives. It is essential that local authorities have the information they need to assess whether a child’s education is suitable and full-time. I fully appreciate the intention behind these amendments, but reducing the scope of information would, in practice, make those assessments significantly harder. It is also vital that safeguarding information and other relevant information on registers be recorded consistently. Recent safeguarding and serious case reviews have shown how often opportunities to identify children suffering or at risk of significant harm are missed when information is fragmented or incomplete.
However, I hope I can provide some reassurance to my noble friend Lord Hacking about access for parents in the sort of circumstances he identified. There are no powers for parents to access information on their children. We have thought this through very carefully, particularly from the perspective of victims of domestic abuse and other forms of abuse. For example, we have considered whether the estranged parent could make a subject access request to acquire information. Local authorities are strictly required to have clear and well-defined processes to help staff handle such requests safely and lawfully. We do not believe, therefore, that the fear my noble friend outlined, which is a quite understandable fear, could legally exist. I hope that provides some reassurance.
On the detail, Amendments 134A and 135A would require only the names and home addresses of the parents directly providing the education. Yet, as I said in Committee, Section 7 of the Education Act 1996 places the duty of securing a suitable education on all parents. If these amendments were accepted, we could face situations where no parent is recorded at all, making it harder for local authorities to identify and support children missing education.
Amendment 135A would also limit information for inclusion to the primary type of education, while Amendment 139 would require information on other providers only where they deliver the child’s principal education. In practice, this would not work because where education is from multiple sources, for example a parent and a tutor, there is no clear way of determining which is primary.
Amendments 135B, 140 and 141 would remove the requirement to record time spent in education and information concerning education received from those other than the parents. Yet this information may be precisely what allows local authorities to understand a child’s overall educational picture. If, for instance, a child spends substantial time with a provider offering a very narrow curriculum, the authority must check that they are receiving a balanced education elsewhere as a core part of assessing suitability.
Amendment 146B tabled by the noble Baroness, Lady Barran, alongside Amendment 135A, seeks to clarify when further information may be requested. I appreciate the noble Baroness’s intention, but it would mean that the local authority may request further information only where it has reasonable cause to believe that a child may not be receiving a suitable education or their welfare may be at risk. Yet the purpose of the registers is to cover all children not in school and gather the information that enables authorities to form those very judgments. The information being sought might be exactly the information needed to make that judgment.
At this point I will respond to the questions asked by the noble Lord, Lord Crisp, on the group before last. On the point about annual reports, the high-level information required for registers is not intended to replace the more detailed informal inquiries that local authorities undertake—what the noble Lord refers to as the annual reporting system—to understand whether a child is receiving a suitable education. Should the amendment from the previous group be accepted, regulations could outline how the updates could be requested and statutory guidance would set out how these processes should align. On the point about whether parents ignore the annual request for meetings if the meeting has already happened, we will expect local authorities to adapt their systems in line with the new legislation. If there has recently been a meeting and the local authority is satisfied that the education is suitable, we would not expect it to request another soon afterwards. We will put this into statutory guidance.
Amendments 153A and 155A tabled by the noble Lord, Lord Wei, would limit requests from local authorities for information, meetings or home visits, and prevent non-compliance being used as evidence of unsuitable education. The extensive package of government amendments to reduce the frequency of updates required from parents, which I will come to shortly, will address many of the noble Lord’s concerns. His amendments would also restrict home visits and meetings, when some parents welcome them as the easiest way to provide information. The suggestion that deregistration from school could be blocked by requiring a meeting is also misplaced. Children covered by new Sections 436B to 436G are already out of school and, if home-educated, already off the school roll. The amendments would give the Secretary of State new powers to penalise local authorities for breaching these limits. However, local authorities must already follow the law. The Education Act 1996 gives the Secretary of State sufficient powers to intervene when a local authority fails to comply.
Amendment 148E, also tabled by the noble Lord, Lord Wei, would prevent information on the registers being used to judge whether a child is at risk of harm or not receiving a suitable education. But local authorities must be able to use information on registers to make those assessments. Where information on registers indicates that a child may not be suitably educated or that safeguarding concerns exist and any informal inquiries have not resolved matters, authorities have a duty to act.
Amendment 146A tabled by the noble Baroness, Lady Barran, would prevent the Government prescribing additional categories of information for recording in future, even where necessary to improve understanding of this cohort, inform local and national policy, or better target support, including, for example, information on exam entries or outcomes for home-educated children, in which many noble Lords have expressed interest. Indeed, the noble Baroness’s own Amendment 143B shows the value of being able to add future categories, namely the details of care and supervision order applications, where we can see the logic of her argument. We would be happy to consider prescribing this information when developing regulations, and we will publicly consult on this.
Amendments 148A, 148B and 148D tabled by the noble Lord, Lord Wei, concern the protection and retention of data on the registers. I appreciate the concern for the protection of children’s data, which of course I share, but these amendments are unnecessary. The registers will be required to comply with all applicable data protection legislation, which requires data not to be kept longer than necessary. Furthermore, entries on registers will be deleted once a child ceases to be within scope.
Amendment 174A tabled by the noble Lord, Lord Wei, would remove Clause 34. Clause 34 enables information to be disclosed when required or authorised by children not in school measures without it breaching any obligation of confidence. This is important for local authorities to fulfil their duties, including sharing information where it promotes or safeguards a child’s education or welfare. The department continues to engage with the Information Commissioner’s Office to identify and mitigate any data-sharing risks.
Amendments 172A and 247A by the noble Lord, Lord Wei, would require the National Cyber Security Centre to certify and test the security arrangements for registers before implementation. As I said in Committee, this is unnecessary. Local authorities are already expected to comply with cyber-security standards, which are an integral part of their wider data protection obligations. There will also not be a single national register but over 150 local registers across England and Wales. The National Cyber Security Centre’s role is advisory, not regulatory, so not only would requiring it to test and certify each register inappropriately widen its remit but it would be a colossal resource demand and unnecessarily delay implementation of these much-needed registers.
Amendment 161D, also tabled by the noble Lord, Lord Wei, would require local authorities to give written reasons for all decisions relating to the registers and to offer parents opportunities to correct inaccuracies. Local authorities will exercise discretion across a range of decisions, from adding information to the registers to seeking further details from education providers or determining what support to offer. It would be inappropriate to require written reasons in every case, particularly where safeguarding is involved. However, for support duty decisions we will make it clear in statutory guidance that written reasons should be provided. As for correcting factual errors, UK GDPR already gives parents the right to have inaccurate data rectified.
“(d) an estimate of the overall total amount of time that the child spends receiving education from parents of the child;”Member's explanatory statement
This amendment would require a parent to provide an estimate of the overall amount of time, rather than the actual amount of time, that the child spends receiving education from their parents, for the purposes of the register of children not in school.
“(e) if a particular provider other than the child’s parent is providing education to the child for more than the prescribed amount of time—(i) the name and address of the provider;(ii) a description of the type of provider that it is;”Member's explanatory statement
This amendment and my amendment of clause 32 at page 60, line 33 would provide that the requirement to provide detailed information about education providers other than a parent will only apply if a provider is providing education that exceeds an amount of time specified in regulations.
Member's explanatory statement
This amendment would require a parent to provide an estimate of the total amount of time, rather than the actual amount of time, that the child spends receiving education from a provider, for the purposes of the register of children not in school.
“(la) whether the local authority exercised any of its functions under section 436B(8), (9) or (10), 436H(7A), (7B) or 436I(3) in relation to the child and the outcomes of any consideration of home and education settings or home visits conducted under those provisions;”Member's explanatory statement
This amendment would allow the outcomes of any home visits or consideration of the child’s home and education settings to be prescribed as information that may be included in the register of children not in school.
“(e) how amounts of time and estimates of amounts of time are to be calculated and recorded for the purposes of subsection (1)(d), (da) and (e)(iv);”Member's explanatory statement
This amendment is consequential on my other amendments of clause 32 at page 58, lines 20, 21, 32 and 33 and would ensure that regulations made under section 436C(4) of the Education Act 1996 (inserted by clause 32) can also make provision about how time estimates are to be calculated.
Member's explanatory statement
This amendment is consequential on my other amendment of clause 32 at page 61, line 5 and would ensure that section 436D(2)(b) only applies to information required to be included in the register by section 436C(1)(a) to (c).
Member's explanatory statement
This amendment is consequential on my amendment of clause 32 at page 61, line 39.
Member's explanatory statement
This amendment would clarify that a local authority may ask an education provider to confirm whether they are providing out-of-school education for children whether or not those children live in the authority’s area.
“(c) information about access to examinations for the General Certificate of Secondary Education.”Member's explanatory statement
This amendment would add information about access to GCSE exams to the list of examples of matters about which a local authority can provide information, if such information is requested by the parent of a child registered under section 436B (as inserted by clause 32).
Member's explanatory statement
This amendment is consequential on my second amendment of clause 32 at page 64, line 36 and would set out the circumstances in which the new duties would not apply.
“(3) In section 569(2A)—(a) after “section” insert “436B(6), 436C(1)(e), 436C(2), 436C(4), 436E(1)(a), 436E(7), 436E(9), 436F(1), 436F(2),”;(b) after “550ZC(7)” insert “, or under paragraph 5 of Schedule 31A”.”Member's explanatory statement
This amendment would provide that all regulations made by the Secretary of State under the listed provisions of the Education Act 1996 as inserted by clause 32 relating to the registration of children not in school will be subject to the affirmative procedure.
Member's explanatory statement
This amendment would allow a local authority to serve a preliminary notice for a school attendance order where the local authority has taken action under section 47(8) of the Children Act 1989 during the period of 5 years prior to the date on which the notice is to be served.
Member's explanatory statement
This amendment would also cover action taken by the local authority under section 47(8) of the Children Act 1989 during the period of 5 years prior to the date on which the school attendance order would be made.
Member's explanatory statement
This amendment would also cover action taken by the local authority under section 47(8) of the Children Act 1989 during the period of 5 years prior to the date on which the school attendance order was made.
Member's explanatory statement
This amendment is consequential on my amendment to clause 34, page 81, line 39.
Member's explanatory statement
This amendment would ensure that local authorities have regard to guidance when exercising functions relating to the withdrawal of children from school.
Baroness Barran (Con)
I too thank the right reverend Prelate the Bishop of Manchester for tabling this amendment again. As the noble Baroness, Lady Morris, said, we had a fervent debate in Committee, where the case was made for the precious nature of Haredi traditions but also for the importance of avoiding a two-tier system of education; and that the reality for some young men was that they felt their experience at a yeshiva had been deeply damaging.
My noble friend Lord Lucas suggested that the department pick a time period to resolve these issues; that seems a very constructive suggestion. It feels as though this amendment has the elements in it for a way through this very long-running debate, given that it includes a commitment both to suitable out-of-school education and to safeguarding issues being addressed. I acknowledge the deep concerns that were expressed in Committee and I hope very much that the Minister finds a way through this, not least for the Haredi community, who are obviously deeply anxious about it.
Baroness Smith of Malvern (Lab)
As other noble Lords have done, I first thank the right reverend Prelate the Bishop of Manchester for bringing forward Amendment 175A. Of course, this amendment was previously tabled in Committee and debated extensively then. For reasons of time, I will not repeat that debate.
However, I agree with my noble friend Lady Morris that support for this clause is absolutely not a failure to recognise the significance of faith-based education across a range of faiths in our country. My noble friend is right, and she has championed and supported this, even in the face of opposition. I assure the Haredi community that it is neither a denigration of their faith nor of the way in which they wish to express it in a plural England, where I very much hope they feel able to be, and remain, a full part of our community.
It may assist the House if I clarify the purpose and effect of Clause 37 and the Government’s general approach in this area. In so doing, I will attempt to answer the questions raised by the right reverend Prelate. Clause 37 starts from the position that, if a setting is providing full-time education to children of compulsory school age, it should be regulated and subject to oversight. I trust that there is broad support across the House for this principle. Clause 37 therefore extends to more settings the regulatory regime found in Chapter 1 of Part 4 of the Education and Skills Act 2008.
I reiterate that it is categorically not the Government’s intention to close down yeshivas. This is the same ready-made, flexible and effective system of regulation that independent schools have been able to operate within for many years, including those with a primary faith ethos. Let me be clear: there is nothing in this clause that, in itself, requires impacted settings to become schools or to operate identically to other settings already regulated by this regime. What the clause does do, in broad terms, is subject impacted full-time settings to a regime of registration and the need to comply with prescribed standards and inspection against those standards. While people running educational settings should already have an idea of whether they provide a full-time education, based on an ordinary understanding of those words, the Government will produce guidance so that it is clear whether a setting is being brought into regulation by this measure.
In addition, the right reverend Prelate asked for confirmation that the regulatory regime found in the 2008 Act permits different standards to be prescribed for different types of setting. I can confirm that this is the case and that Ministers have not yet decided which standards would be prescribed. Any decision will only follow extensive engagement and consultation. This is likely to take a minimum of several months and will take into account all relevant views, including those concerning the appropriateness of teaching relationships and sex education in regulated settings.
Member’s explanatory statement
This amendment and my amendment to clause 40 at page 99, line 12, would require an application to register an independent educational institution to include just the address and not the description of buildings where students are routinely provided with education, meals or accommodation.
Baroness Smith of Malvern (Lab)
We have moved slightly faster than I expected us to move, which I am sure is greatly welcomed by most Members of your Lordships’ House. I begin with the group of amendments concerning Clause 40. Government Amendments 176 to 183 and 185 principally concern the Bill’s provisions on the material change regime, which governs the type of change that independent schools require Secretary of State approval to make.
When the Bill was first published, concern was raised that minor or secondary changes, such as bike sheds or classroom conversions, would be unnecessarily captured if changes of buildings at a school’s already registered address were treated as material changes. The Government have listened to these concerns and the amendments now make clear that building changes at a school’s registered address do not require material change approval. Importantly, the same principle applies to any additional addresses that the department registers after approving a change of building. Further changes of building at these addresses will not be treated as material changes.
These amendments take a proportionate approach. They reflect that a registered school making use of new or unfamiliar addresses may be placing pupils at higher risk of harm. Under these changes, the focus will be on any addresses beyond the school’s registered address and any additional addresses registered following an approved change of buildings where there is no prior assurance that standards are met. In addition, these amendments clarify that only changes to how an institution providing special education is specially organised constitute a material change and require ministerial approval. Actions taken solely to meet an individual pupil’s needs do not constitute a material change.
The Government have worked closely with interested parties to ensure that the original policy intent is properly captured. It is right that, where independent schools make changes to their operations that may place children at risk of harm, the Secretary of State is made aware of that and is given assurance that these changes are safe. That is an important principle, and these amendments are a sensible balancing act between strengthening oversight and avoiding unnecessary bureaucracy.
I turn to Amendment 184. In Committee there was broad support for Clause 43, which aims to strengthen Ofsted’s powers to investigate suspected illegal, unregistered independent schools and registered schools operating unlawfully. These additional powers have been drawn with an awareness that the powers currently available to Ofsted in Section 97 of the Education and Skills Act 2008 are inadequate to identify suspected criminal behaviour. Therefore, when drawing up Clause 43, the Government listened closely to the chief inspector to make sure that these powers can be put into operation.
The amendment is aimed at giving greater confidence to the chief inspector when operating under these new powers. It is the Government’s experience that demonstrating offences in this space relies heavily on gathering documentary evidence. Some of that evidence may, under ordinary circumstances, be considered confidential or otherwise fall within existing legislative restrictions. The amendment therefore facilitates the chief inspector’s access to such information when acting under the authority of a warrant, where that is relevant to deciding whether a relevant offence is being or has been committed. It further ensures that independent judicial oversight, in the form of a warrant, is sought before such documents are inspected, copied or, when necessary, seized in reliance on these powers. This approach strikes the right balance between protecting the rights of the individual and ensuring that the chief inspector is able to properly inspect potentially dangerous settings. I beg to move.
Baroness Morris of Yardley (Lab)
My Lords, I have a quick question for the Minister on Amendment 184, which she described towards the end of her speech. I agree with the purpose of this and most of the details, but I am not quite sure what is meant by “excluded material” or “special procedure material”. Is that anything to do with data protection? If it is an unregistered school, would the inspector be able to go in and seize, copy or have access to a register or pupil progress file without having to go and get a warrant? If they gain access and then have to go and get a warrant before they can see the register or the pupil progress information, they are not going to be able to do their job effectively—but that hangs on what is meant by “special procedure material” and “excluded material”. Does that include things such as school registers?
Baroness Barran (Con)
My Lords, I thank the Minister for listening to the concerns that we raised on this side, both in the other place and in your Lordships’ House, about the scope of Clause 40. We feel that it is much improved and are grateful to the Government for listening.
Baroness Smith of Malvern (Lab)
Perhaps I could come back to my noble friend Lady Morris on the details of that particular question; I am sorry that I cannot respond to it now.
I welcome the welcome provided to the Government’s amendments in this group. I also reassure the noble Lord, Lord Storey, that we have had extensive discussions with Ofsted about the provisions we are proposing here to make sure they enable Ofsted to do what this Bill is strengthening its ability to do.
Lord Storey (LD)
When the Minister gets back to her noble friend, could she also copy us in with that information? It would be quite useful to understand as well.
Baroness Smith of Malvern (Lab)
I will, as I think is normal when I write to noble Lords about issues that have come up in the debates, copy in anybody that fancies it and probably place a copy in the Library as well for good measure.
“(3ZA) For the purposes of subsection (3)(ea)—(a) “building” means any—(i) building,(ii) part of a building,(iii) permanent outdoor structure, or(iv) part of a permanent outdoor structure,which is wholly or mainly enclosed;(b) a building is made available “for student use” by an institution if students at the institution are routinely present in the building—(i) to be provided with meals or accommodation by the institution, or(ii) to be provided with education by the institution and, while the education is being provided, the building is controlled by the institution.”Member's explanatory statement
See the explanatory statement to my amendment to clause 40 at page 99, line 8.
“(a) material that is excluded material within the meaning of section 11(1)(a) of the Police and Criminal Evidence Act 1984;(b) material that is special procedure material within the meaning of section 14(2) of that Act.”Member's explanatory statement
This amendment would grant the Chief Inspector of Education, Children’s Services and Skills power to seize, inspect or take copies of certain documents for the purpose of investigating offences under the Education and Skills Act 2008.
Member's explanatory statement
This amendment is consequential on my amendment to clause 45, page 111, lines 3 to 8.
Baroness Smith of Malvern (Lab)
My Lords, this group of amendments concerns three distinct areas, which I will take in turn. Amendments 190 and 191 concern the jurisdiction of the Teaching Regulation Agency. Amendment 190 would remove the ability of the TRA to investigate alleged misconduct that occurred before an individual began their teaching career.
I understand the concern here may also be that Clause 46 permits the TRA to investigate those who at any time have been employed or engaged in teaching work and hold those responsible for their conduct at any time in their life. Given that this includes me, I can wholly understand noble Lords’ concerns.
At present, the teacher misconduct regime limits the TRA’s jurisdiction only to those who are currently employed or engaged in teaching work, or who were so employed or engaged when the referral was made. There are problems with this—it cannot be right. Clause 46 addresses this by extending the TRA’s jurisdiction to those who have at any time been employed or engaged in teaching work. Noble Lords can imagine that there could be times when somebody has very recently resigned, possibly with the idea of avoiding a referral to come, and is not able to be investigated. So there are circumstances where it would be appropriate to change the ability of the TRA to investigate.
Given what noble Lords have said today, despite the assurances that my honourable friend Georgia Gould was able to provide to noble Lords during the meeting they held with her, I can understand noble Lords’ concerns. Therefore, the department is not in the position of wanting to implement Clause 46 without having undertaken considerable further consultation, having considered the points that noble Lords have raised. I hope I can give that assurance this evening, and I will find a way to come back to noble Lords with how we intend to do that and some of the safeguards around the sorts of issues that noble Lords have identified this evening.
While Amendment 190 seeks to narrow the TRA’s jurisdiction, Amendment 191, as the noble Baroness, Lady Evans, says, seeks to extend the TRA’s jurisdiction. I understand the concern here that holders of iQTS may work in a school in England but previously have committed misconduct in a foreign country and that, as such, the TRA’s jurisdiction should be expanded to cover all holders of iQTS.
There are problems with this amendment, which have been outlined in the correspondence we have had with my noble friend Lord Knight. I thank him, and the noble Baroness, Lady Evans, for the approach they are taking to what is a clearly worrying problem. We would not want there to be a limit on restricting the ability of those who have committed the types of behaviours the noble Baroness has outlined to work in schools in the UK. There have been some important developments in the ability of both international and UK schools to check a teacher’s record. Once again, noble Lords have made a strong case, and while we cannot accept Amendment 191 for the technical reasons that were outlined in the correspondence, I undertake to continue discussions with the noble Baroness, Lady Evans, my noble friend Lord Knight and the Safeguarding Alliance to try and find a way through, because I recognise that there is an issue here.
I turn to the proposed new clause in Amendment 191A of the noble Lord, Lord Mohammed, on opening up the right to accompaniment for school staff at disciplinary and grievance hearings. While I thank him and other noble Lords for their thoughts on this matter, I do not believe that this amendment is necessary. This issue, as others have said, was debated at some length during passage of the Employment Rights Bill. Following Third Reading, my noble friend Lord Collins set out the Government’s commitment to review in its entirety the functioning of Section 10 of the Employment Relations Act 1999, which includes provisions on who can be a companion and the right to be accompanied. As part of the review, we will engage with relevant and interested stakeholders and following its conclusion, we will publish our findings in Parliament. This House accepted the Government’s concession on this matter, and the amendment was withdrawn. We will, as the noble Lord asks, consider the implications of the review outcomes for the school workforce. I hope he agrees with the Government that it would be entirely inappropriate for the Department for Education to act unilaterally on this matter for school staff until the full review has taken place and reported. I hope, therefore, that he will not press his amendment.
Turning to the group of amendments relating to parental complaints and appeals, I thank the noble Lord, Lord Jackson, and the noble Baronesses, Lady Spielman and Lady Barran, for tabling these amendments again. Amendments 223, 224, and 225 would, respectively, allow parents and carers of children in maintained schools, independent schools including academies, and non-maintained special schools to appeal to the First-tier Tribunal. Amendment 226 would allow for regulations to amend secondary legislation on the rules and procedures of the First-tier Tribunal. Amendment 243D seeks to introduce a central complaints system to handle school-related complaints in England, and for these complaints to be held in a central database accessible to the Department for Education and Ofsted.
My noble friend Lady Blake previously gave detail in Committee on the work we are doing to improve the school complaints system. I will not repeat that today, but I confirm that our aim remains to reduce the burden on schools and leaders, while also maintaining parents’ rights to raise concerns and have them properly considered. We will be providing more detail on this in the forthcoming schools White Paper, but on the role of the First-tier Tribunal, we still do not believe that introducing an additional layer of appeal to the general school complaints system is the right way to achieve our aim of reducing the burdens on schools. The First-tier Tribunal is already under significant pressure, and despite the investment of additional administrative and judicial resource, which has ensured the conclusion of more appeals, the rise in demand is nevertheless outstripping the increase in capacity at present. Expanding the remit of the tribunal would only lead to longer delays for families. We do not think it would be appropriate or proportionate to expand the First-tier Tribunal’s role to include general complaints about schools, but we recognise the concerns being raised in general. We are actively looking at how we can strengthen the independent element of the school complaints process, so that, where parents need to escalate their complaint, they are reassured that it is assessed fairly and objectively.
The noble Baroness, Lady Spielman, talked about the work the department has been doing with the charity Parentkind. As she pointed out, we have worked with the charity to develop the Parent Guide to School Complaints, which was published on 20 January. We are also exploring potential digital options for improving the system. This work involves user research and testing with the sector—including with parents, teachers and headteachers—to ensure that we get this right and that it works for everyone involved. This type of work takes time, of course, but I hope this offers assurance to noble Lords that we are considering this as part of our package of reforms that we will set out in the schools White Paper.
I hope I have addressed noble Lords’ concerns in responding to the amendments. I invite them not to press their amendments.
Baroness Barran (Con)
I thank the Minister for her response. On Amendment 190, what I heard her say was that she would undertake not to implement Clause 46 without proper consultation. I urge her to look again with her colleagues at the wording of the clause, because while the Government’s intent is absolutely spot on, it is not what is said in the clause. If there is a way to do more, that would be even better.
I thank the Minister for her responses and for her openness to continue the conversation on Amendment 191. She almost repeated my noble friend’s words about simplification in the schools White Paper, so we look forward to seeing Amendment 243D back in new, official, government form. With that, I beg leave to withdraw my Amendment 190.
“(1) If the Secretary of State is satisfied that the proprietor of an Academy has breached a duty imposed by Academy arrangements, the Secretary of State may give the proprietor such directions as the Secretary of State considers appropriate to secure the proper performance of the duty.”Member's explanatory statement
This amendment limits the Secretary of State’s power to direct the proprietor of an Academy to cases where the Secretary of State is satisfied that the proprietor has already breached a duty imposed by Academy arrangements.
Baroness Smith of Malvern (Lab)
My Lords, government amendments 192 and 193 would strengthen accountability in the academy sector and introduce trust-level inspection to ensure high standards across all trusts. Together, they respond to discussion and points raised in Committee and deliver a proportionate, effective framework for intervention and improvement.
Amendment 192 will narrow the scope of Clause 50, so that the Secretary of State may issue directions only where an academy proprietor has breached a duty imposed by its funding agreements. As stated in Committee, Clause 50 is an important lever for improving accountability in the academy sector. However, we have listened carefully to the concerns raised in this House and the other place about the breadth of the original clause, and we have acted to respond to those concerns and provide clarity. In particular, the amendment removes the anticipatory element of the power and confines its use to cases of actual breach, rather than where a breach is considered likely.
We want the use of directions to be clear, direct and proportionate. This government amendment will provide reassurance without weakening accountability, while maintaining the ability to act swiftly where standards are at risk. Academy trustees are also charity trustees, and we will engage with the Charity Commission, where appropriate, under our Memorandum of Understanding, prior to issuing a direction.
Government Amendment 193 will introduce Ofsted inspections of academy trusts and close a significant accountability gap. We have heard in debates the central role academy trusts play in our education system. Yet accountability has not kept pace with growth, despite decisions at trust level potentially having wide-reaching impacts on the quality of education and support that children receive in academies.
Inspection will provide independent, expert assessment of a trust’s strengths and areas for improvement, supporting a self-improving system and identifying where intervention is needed. This delivers on the manifesto commitment and responds to calls made across the House in Committee.
Baroness Barran (Con)
My Lords, like others I really regret that we are debating these amendments so late, because they are very important. I will try to get to my key points.
I thank the Minister for Amendment 192 in relation to Clause 50; this addresses some of the concerns that we raised about its scope in Committee and again in the other place. The main substance of this group, as we have heard, is the lengthy, prize-winning Amendment 193, which would allow the Government to introduce mass inspection. We debated this in Committee. It is curious that the Bill has gone through all stages in the other place and only now are we seeing this on Report. Some of the gaps that it reveals are highlighted in the amendment from the right reverend Prelate the Bishop of Portsmouth and in my Amendments 193D and 193E. We can see that in the breadth of drafting of this amendment, with so much left to secondary legislation giving Secretary of State extremely broad powers—which suggested to me that it was an amendment that was drafted in haste rather than one that was on the shelf. Officials kindly invited me in to talk about the amendment before Christmas, and they argued the case for giving the Secretary of State maximum flexibility. As the noble Baroness, Lady Blower, said on an earlier group, we have talked about this ad nauseam, and the Government have acted to correct some of it, but this new clause goes in the wrong direction in relation to those powers.
If we think back to the introduction of the new school inspection regime, we see that there was a huge consultation and piloting of the approach, and now we are seeing it rolled out. All my Amendment 193D asks is that we mirror that and do exactly the same. I have suggested a focus in terms of the pilot, which would be to look at MATs that have groups of schools in the following categories. There would be one category where they are significantly underperforming and where there might be a case for intervention; and another would be where they would like to grow and take on other schools—quite rightly, the department would want reassurance that they had the skills to do that well. And then there would be a universal group—at this hour of the night, I cannot think of any other description—to see whether there is a case, at this point, for universal MAT inspection alongside school inspection. In a perfect world, one would have designed a new school inspection regime and a MAT inspection regime together to avoid some of the duplication to which other noble Lords have pointed.
When the Minister sums up, I would be grateful to know whether she can confirm that there is not a plan to inspect single academy trusts, and if there is, what the point of that would be, and that the Government plan to reawaken—or whatever you do to dormant legislation—the inspection of local authorities with regard to that school improvement function. If the Government want to look at school groupings, they should look at all school groupings rather than just one type.
I turn to my Amendment 194, and I thank my noble friend Lady Morgan of Cotes for her support for it. I did an interview with Schools Week not so long ago—which probably only my children have read, or, in fact, not even my children have read. They asked me what element of the Bill I was most worried about, and I said that it was this clause, which will delay intervention in schools that Ofsted has found unable to meet the new standards and intervention is required.
When we debated this in Committee, the Minister talked about the length of time for intervention, but she knows that the very long cases—some of the same cases are probably still running—typically reflect one of two things, or possibly both. One is where you have rural schools in very remote areas, where there is no other school or trust nearby that could take on and support the school adequately. The second is where significant funding is required from the department, particularly in relation to buildings or to bridge budget deficits if the school role has fallen significantly, and a lot of arm wrestling goes on, which takes time.
The new RISE teams will not be able to address either type of case any faster than the previous system. My amendment would avoid delay and judicial review, and, most importantly, it would make sure that children were back in high performing schools as quickly as possible. I also agree completely with what my noble friend Lady Morgan of Cotes said about Amendment 197. With that, rather than having to test the opinion of the House, I hope that the Minister will come back with more positive and constructive responses.
Baroness Smith of Malvern (Lab)
My Lords, despite the lateness of the hour, we have had a good discussion on the issues raised in group 10.
I turn to the amendments that have been discussed during this debate. I will start with Amendments 193A and 193B, tabled in the names of the right reverend Prelate the Bishop of Portsmouth and my noble friend Lady Ritchie of Downpatrick, and Amendment 193C, tabled by the right reverend Prelate. These relate to the inspection of trusts, including academies that have been designated
“as having a religious character”.
Amendments 193A and 193B propose additional requirements for Ofsted to share trust inspection reports—what the right reverend Prelate and my noble friend described as “important communication issues”. I recognise the importance of both informing the relevant religious authorities about trust-level inspections and ensuring robust oversight of trust leaders in relation to developing and maintaining the religious character of faith-based settings.
On Amendment 193A, I hope that I can provide some reassurance to the right reverend Prelate that there is already a duty on Ofsted to inform religious authorities in advance of a routine trust inspection. Our provisions already include a duty for Ofsted to share reports of routine inspections with the trust, and the Secretary of State has a power to share them with persons it deems appropriate. Ofsted has confirmed that it will always deem a religious authority that it has already informed about an inspection taking place as an appropriate person to receive a report. I can therefore assure noble Lords that religious authorities will always be sent the report by Ofsted.
On Amendment 193B, as religious authorities will always receive a full trust inspection report setting out that a trust is not performing to an acceptable standard, they do not need to be separately notified about a poor inspection outcome. I therefore hope that noble Lords recognise that Amendments 193A and 193B are not necessary.
Turning to Amendment 193C, the current framework for inspecting denominational education and worship is already a complex mixture of statutory and non-statutory provisions. Moving directly to a statutory framework for academy trusts at this stage risks adding further complexity to that element of the inspection. It is therefore important that we take the time necessary to develop any future approach carefully so that trust-level inspection of denominational matters aligns with existing arrangements of this nature for individual settings, and functions coherently with the wider inspection system.
As the right reverend Prelate has identified, officials have had discussions with officers from the Catholic Education Service and the Church of England Education Office. We are committed to working with the churches and other faiths to developing a non-statutory framework as an initial and constructive step, ahead of considering opportunities for potential legislation in the future. That work will include pilots, which have been developed with faith bodies and trusts to pilot inspection of collective worship and denominational education trusts with faith schools.
“Inspection of Academy proprietors(1) In Part 8 of the Education and Inspections Act 2006 (Inspections), after Chapter 2, insert—“Chapter 2AInspection of Academy proprietorsInspection
122A Duty to inspect Academy proprietors at specified intervals(1) The Chief Inspector must— (a) conduct inspections of every Academy proprietor at such intervals as may be specified in regulations made by the Secretary of State, and(b) prepare a written report on completion of each inspection.(2) The Secretary of State may by regulations provide that subsection (1) does not apply in relation to specified categories of Academy proprietor in specified circumstances.(3) An Academy proprietor in relation to which subsection (1) does not apply by virtue of regulations under subsection (2) is an “exempt proprietor”.(4) When conducting an inspection under this section, the Chief Inspector must have regard to any views about the matters listed in section 122B(2) which are expressed to the Chief Inspector by—(a) such persons as may be specified in regulations made by the Secretary of State;(b) such other persons as the Chief Inspector considers appropriate.(5) Subsection (1) has effect subject to subsection 122E.(6) An inspection which is required under this section must not extend to—(a) denominational education provided at an Academy which has been designated as having a religious character, or which is to be treated as having been so designated by virtue of section 6(8) of the Academies Act 2010, or(b) the content of collective worship at such an Academy.122B Report of section 122A inspection(1) It is the general duty of the Chief Inspector, when conducting an inspection under section 122A, to report on the quality and effectiveness of the Academy proprietor’s leadership, management and governance in connection with its role as an Academy proprietor.(2) The Chief Inspector’s report must (in particular) cover—(a) the quality and effectiveness of any activities undertaken by the Academy proprietor to secure the provision of a quality education to registered pupils and students of its Academies;(b) the quality and effectiveness of the Academy proprietor’s governance and executive leadership;(c) the quality and effectiveness of any activities undertaken by the Academy proprietor to promote the wellbeing of children and young persons;(d) the quality and effectiveness of any activities undertaken by the Academy proprietor to secure improvements in its Academies;(e) the quality and effectiveness of the Academy proprietor’s management of its resources;(f) such other matters as may be specified in regulations made by the Secretary of State.(3) The Chief Inspector must send a copy of a report under section 122A(1)(b) to—(a) the Academy proprietor, and(b) the Secretary of State.(4) The Academy proprietor must—(a) make a copy of any report sent to it under subsection (3) available for inspection by members of the public,(b) provide a copy of the report, free of charge, upon request, and (c) take such steps as are reasonably practicable to secure that every registered parent of a pupil at an Academy school or alternative provision Academy of which the Academy proprietor is the proprietor receives a copy of the report within five working days following receipt of the report by the Academy proprietor.(5) The Chief Inspector may send a copy of the report to such other persons as the Chief Inspector considers appropriate.(6) The Chief Inspector may arrange for the report to be published in such manner as the Chief Inspector considers appropriate.(7) In this section—“child” means a person aged under 18, and references to “children” are to be read accordingly;“wellbeing” , in relation to a child or young person, means their wellbeing so far as relating to the matters mentioned in section 10(2) of the Children Act 2004;“working day” means a day other than a Saturday, a Sunday, Christmas Day, Good Friday or a bank holiday under the Banking and Financial Dealings Act 1971;“young person” means any of the persons mentioned in section 10(9) of the Children Act 2004.122C Other inspections(1) The Chief Inspector must inspect and report on any Academy proprietor, or category of Academy proprietor, in connection with its role as an Academy proprietor, if requested to do so by the Secretary of State.(2) The Chief Inspector may inspect and report on any Academy proprietor, in connection with its role as an Academy proprietor, in circumstances where there is no requirement to do so under any other provision of this Chapter.(3) If the Chief Inspector carries out an inspection under subsection (2) in response to a request from the Academy proprietor, the Chief Inspector may charge the Academy proprietor for the cost of the inspection.(4) An inspection which is conducted under this section must not extend to—(a) denominational education provided at an Academy which has been designated as having a religious character, or which is to be treated as having been so designated by virtue of section 6(8) of the Academies Act 2010, or(b) the content of collective worship at such an Academy.(5) The Chief Inspector may arrange for a report under this section to be published in such manner as the Chief Inspector considers appropriate.122D Duty to notify certain persons of inspection(1) Before conducting an inspection under section 122A the Chief Inspector must notify—(a) the Academy proprietor, and(b) any relevant religious body.(2) If the Academy proprietor is notified by the Chief Inspector that the Chief Inspector is proposing to inspect the Academy proprietor under section 122A, the Academy proprietor must take such steps as are reasonably practicable to notify the following persons of the time when the inspection is to take place—(a) the registered parents of registered pupils at any Academy school or alternative provision Academy of which the Academy proprietor is the proprietor;(b) the members of the Academy proprietor (if any). (3) If the Academy proprietor is notified by the Chief Inspector that the Chief Inspector is electing to treat, or is required by the Secretary of State to treat, an inspection under section 122C as if it were an inspection under section 122A as a result of the exercise of a power under section 122E, the Academy proprietor must take such steps as are reasonably practicable to notify the following persons that the inspection is being so treated, and of the time when the inspection is to take place—(a) the registered parents of registered pupils at any Academy school or alternative provision Academy of which the Academy proprietor is the proprietor;(b) the members of the Academy proprietor (if any);(c) any relevant religious body.(4) Any notification given under subsection (2)(a) or (3)(a) must include a statement, in a form approved by the Chief Inspector, inviting the registered parents of registered pupils to inform the Chief Inspector of their views on matters relating to—(a) the Academy at which their child is a registered pupil;(b) the Academy proprietor.122E Power or duty to treat other inspection as section 122A inspection(1) The Chief Inspector may elect for an inspection under section 122C of an Academy proprietor to which section 122A applies to be treated as if it were an inspection under section 122A for the purposes of section 122A(1), section 122B(3) to (6) and section 122H.(2) In the case of an inspection of an exempt proprietor under section 122C, the Chief Inspector may elect to treat the inspection as if it were an inspection under section 122A for the purposes of section 122A(4) and sections 122B and 122H.(3) The Secretary of State may require the Chief Inspector to treat an inspection under section 122C(1) of an Academy proprietor to which section 122A applies as if it were an inspection under section 122A for the purposes of section 122A(1) and (4) and sections 122B and 122H.(4) In the case of an inspection of an exempt proprietor under section 122C(1), the Secretary of State may require the Chief Inspector to treat the inspection as if it were an inspection under section 122A for the purposes of section 122A(4) and sections 122B and 122H.(5) In this section, “exempt proprietor” has the meaning given by section 122A(3).122F Framework for inspections under this Chapter(1) The Chief Inspector must devise—(a) a common set of principles applicable to all inspections conducted under this Chapter, or(b) two or more common sets of principles each of which is applicable to a particular description of such inspections.(2) A set of principles devised under subsection (1)(a) or (b) is referred to in this section as a “framework”.(3) If the Chief Inspector devises two or more frameworks under subsection (1)(b), the Chief Inspector must ensure that, taken together, they cover all inspections conducted under this Chapter.(4) A framework must cover such matters as may be specified in regulations made by the Secretary of State.(5) The Chief Inspector must publish a framework in such manner as the Chief Inspector considers appropriate. (6) The Chief Inspector may at any time revise a framework.(7) The Chief Inspector must publish a revised framework in such manner as the Chief Inspector considers appropriate.(8) In devising or revising a framework, the Chief Inspector must have regard to guidance given from time to time by the Secretary of State.Powers of entry etc.
122G Powers of entry etc. for purposes of inspection(1) This section applies to an inspection conducted by the Chief Inspector under this Chapter.(2) The Chief Inspector may, at any reasonable time, enter—(a) any premises of the Academy proprietor;(b) the premises of any Academy of which the Academy proprietor is the proprietor;(c) any other premises on which, by virtue of arrangements made by the Academy proprietor, any pupils or students who are registered at an Academy within paragraph (b) are receiving part of their education from any person (“the provider”);(d) any premises of the provider used in connection with the provision by the provider of that education.(3) The Chief Inspector may, at any reasonable time, inspect, take copies of, or take away such of the following as the Chief Inspector considers relevant to the discharge of the Chief Inspector’s functions under this Chapter—(a) any documents or records kept by the Academy proprietor;(b) any documents or records kept by an Academy of which the Academy proprietor is the proprietor;(c) any documents or records kept by the provider relating to the provision of education by virtue of arrangements made by the Academy proprietor.(4) The power in subsection (3) includes—(a) power to require any person holding or accountable for any such documents or records to produce them, and(b) in relation to any such documents or records kept by means of a computer, power to require them to be produced in a form in which they are legible and can be taken away.(5) In connection with inspecting any such documents or records the Chief Inspector—(a) may obtain access to, and inspect and check the operation of, any computer and associated apparatus or material which the Chief Inspector considers is or has been in use in connection with the documents or records, and(b) may require a person within subsection (6) to afford the Chief Inspector such reasonable assistance as the Chief Inspector requires for that purpose.(6) A person is within this subsection if that person is—(a) the person by whom or on whose behalf the computer is or has been used, or(b) a person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material.(7) A person is guilty of an offence if that person intentionally obstructs the Chief Inspector in the exercise of any function conferred by this Chapter.(8) A person who commits an offence under this section is liable on summary conviction to a fine not exceeding level 4 on the standard scale. Academy proprietors not performing to acceptable standard
122H Academy proprietors not performing to acceptable standard(1) Subsections (2) to (4) apply if, on completion of an inspection under section 122A, the Chief Inspector is of the opinion that—(a) the persons responsible for leading, managing and governing the Academy proprietor are failing to lead, manage or govern the Academy proprietor to an acceptable standard, or(b) the Academy proprietor is failing to lead, manage or govern an Academy of which it is the proprietor to an acceptable standard.(2) The Chief Inspector must—(a) send a draft of the report of the inspection to the Academy proprietor, and(b) consider any comments on the draft that are made by the Academy proprietor within such period as may be specified in regulations made by the Secretary of State.(3) Where, after complying with subsection (2), the Chief Inspector is of the opinion that the case falls within paragraph (a) or (b) of subsection (1), the Chief Inspector must—(a) without delay, notify the following persons in writing of that opinion—(i) the Secretary of State,(ii) the Academy proprietor, and(b) state that opinion in the report of the inspection.(4) A notification made under subsection (3)(a) must also record—(a) in a case within subsection (1)(a), whether the Chief Inspector is of the opinion that the persons responsible for leading, managing and governing the Academy proprietor are demonstrating the capacity to secure the necessary improvement in the Academy proprietor;(b) in a case within subsection (1)(b), whether the Chief Inspector is of the opinion that the Academy proprietor is demonstrating the capacity to secure the necessary improvement in the Academy.Supplementary
122I Regulations under Chapter 2A(1) Regulations under this Chapter may—(a) make different provision for different purposes;(b) make consequential provision.(2) A statutory instrument containing provision made under any of the following provisions of this Chapter (whether alone or with other provision) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament—(a) section 122A(2);(b) section 122B(2)(f);(c) section 122F(4).(3) A statutory instrument containing regulations made under any other provision of this Chapter is subject to annulment in pursuance of a resolution of either House of Parliament.122J Interpretation of Chapter 2A(1) In this Chapter—“Academy” means an educational institution to which Academy arrangements relate;“Academy arrangements” has the meaning given by section 1 of the Academies Act 2010;“Academy proprietor” is a person who, in pursuance of Academy arrangements, is the proprietor of an Academy; “Academy school” has the meaning given by section 1A of the Academies Act 2010;“alternative provision Academy” has the meaning given by section 1C of that Act;“denominational education” , in relation to an Academy, means religious education which—(a) is provided in accordance with—(i) any provisions of the trust deed affecting the Academy which relate to the teaching and learning of religious education, or(ii) the tenets of the religion or religious denomination in relation to which the Academy is designated, and(b) is not required by Academy arrangements to be given in accordance with the requirements for agreed syllabuses in section 375(3) of the Education Act 1996;“parent” has the meaning given by section 576 of that Act;“registered” , in relation to the parents of pupils at an Academy school or alternative provision Academy, means shown in the register kept under section 434 of that Act;“registered pupil” , in relation to an Academy school or alternative provision Academy, means a person registered as a pupil in that register;“relevant religious body” , in relation to an Academy, means—(a) in the case of a Church of England Academy or a Roman Catholic Church Academy, the appropriate diocesan authority,(b) in any other case, such body or person as is specified in the Academy arrangements relating to the Academy as representing the religion or religious denomination in relation to which the Academy is designated, andin the case of an Academy designated in relation to more than one religion or religious denomination, references to “the relevant religious body” are to be read as references to all of the relevant religious bodies applicable to the Academy;“trust deed” , in relation to an Academy, includes any instrument (other than the articles or memorandum of association) regulating the constitution of the Academy proprietor or the maintenance, management or conduct of the Academy.(2) In subsection (1)—(a) “Church of England Academy” means an Academy in the Province of Canterbury or York in relation to which the religion or religious denomination specified in the order designating the Academy as having a religious character is “Church of England” and “appropriate diocesan authority”, in relation to such an Academy, means the Diocesan Board of Education for the diocese of the Church of England in which the school is situated, and(b) “Roman Catholic Church Academy” means an Academy in relation to which the religion or religious denomination specified in the order designating the Academy as having a religious character is “Roman Catholic” and “appropriate diocesan authority”, in relation to such an Academy, means the bishop of the Roman Catholic diocese in which the Academy is situated.(3) For the purposes of this Chapter, an Academy has been “designated as having a religious character” if it has been so designated by an order under—(a) section 69(3) of the School Standards and Framework Act 1998 by virtue of section 124B(2) of that Act, or (b) section 8A(1) of the Academies Act 2010 (16 to 19 academies having religious character), andreferences to the order designating the Academy as having a religious character should be read accordingly.”(2) The Academies Act 2010 is amended in accordance with subsections (3) to (5).(3) After section 2A insert—“2AA Academy agreements: provision about failing Academy proprietors(1) An Academy agreement must include provision allowing the Secretary of State to terminate the agreement if the Chief Inspector has given notice under section 122H(3)(a) of the Education and Inspections Act 2006 that—(a) the persons responsible for leading, managing and governing the Academy proprietor are failing to lead, manage or govern the Academy proprietor to an acceptable standard, or(b) the Academy proprietor is failing to lead, manage or govern an Academy of which it is the proprietor to an acceptable standard.(2) The Academy agreement must require the Secretary of State, before terminating the agreement on one of those grounds, to give the proprietor a termination warning notice.(3) A termination warning notice is a notice—(a) requesting that the Academy proprietor respond to the Secretary of State by making representations, or(b) requiring the Academy proprietor—(i) to take specified action by a specified date, and(ii) to respond to the Secretary of State by making representations, or by agreeing to take that action, by a specified date.(4) The Academy agreement must provide that, where a termination warning notice under subsection (3)(b) is given to the Academy proprietor on one of the grounds specified in subsection (1), the power to terminate the agreement is available only if the proprietor has failed to comply with the termination warning notice (whether by failing to take specified action, or to respond, on time).”(4) For section 2C (new academy agreements) substitute—“2C Sections 2A, 2AA and 2B supplementary - new agreements(1) An Academy agreement made on or after 18 April 2016, but before the day on which section [inspection of Academy proprietors] of the Children’s Wellbeing and Schools Act 2026 comes fully into force may include further provision about—(a) the procedure for terminating the agreement in accordance with the provision required by section 2A or 2B;(b) the consequences of terminating the agreement in accordance with that provision.(2) An academy agreement made on or after the day on which section [inspection of Academy proprietors] of the Children’s Wellbeing and Schools Act 2026 comes fully into force may include further provision about—(a) the procedure for terminating the agreement in accordance with the provision required by section 2A, 2AA or 2B;(b) the consequences of terminating the agreement in accordance with that provision.(3) Section 2D makes provision about agreements entered into before those dates.”(5) For section 2D (old academy agreements) substitute— “2D Sections 2A, 2AA and 2B supplementary - old agreements(1) An old Academy agreement is to be treated as if it included the new termination powers.(2) A pre-section 2AA agreement is to be treated as if it included the section 2AA termination powers.(3) A provision of an old Academy agreement that relates to the procedure for terminating the agreement does not apply to the new termination powers.(4) A provision of a pre-section 2AA agreement that relates to the procedure for terminating the agreement does not apply to the section 2AA termination powers.(5) Subsections (6) and (7) apply where an old Academy agreement or a pre-section 2AA Academy agreement—(a) contains provision about the consequences of terminating the agreement (“relevant provision”), and(b) the relevant provision is expressed in a way that—(i) in the case of an old Academy agreement, is capable of covering termination in accordance with the new termination powers;(ii) in the case of a pre-section 2AA agreement, is capable of covering termination in accordance with the section 2AA termination powers.(6) The relevant provision applies to termination in accordance with—(a) in the case of an old Academy agreement, the new termination powers;(b) in the case of a pre-section 2AA agreement, the section 2AA termination powers.(7) If the relevant provision sets out different consequences depending on whether the agreement is terminated on the ground that the proprietor has breached the Agreement or on other grounds—(a) in the case of an old Academy agreement, termination in accordance with the new termination powers is to be treated as termination on the grounds of breach by the proprietor, and(b) in the case of a pre-section 2AA agreement, termination in accordance with the section 2AA termination powers, is to be treated as termination on the grounds of breach by the proprietor..(8) In this section—“new termination powers” , in relation to an Academy agreement, means the powers to terminate in accordance with the provision required by sections 2A, 2AA and 2B;“old Academy agreement” means an Academy agreement made before 18 April 2016;“pre-section 2AA agreement” means an Academy agreement made on or after the 18 April 2016, but before the day on which section [inspection of Academy proprietors] of the Children’s Wellbeing and Schools Act 2026 comes fully into force;“section 2AA termination powers” in relation to an Academy agreement, means the powers to terminate in accordance with the provision required by section 2AA.””Member’s explanatory statement
This amendment would amend Part 8 of the Education and Inspections Act 2006 to establish a statutory regime for the inspection by Ofsted of Academy trusts. It would also amend the Academies Act 2010 to permit termination of a trust’s funding agreements in specified circumstances arising from an inspection.
Schools: Music and Dance Scheme
Baroness Smith of Malvern Excerpts(1 week, 3 days ago)
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Baroness Keeley
To ask His Majesty’s Government whether they plan to review the funding of the Music and Dance Scheme to ensure schools can continue to support talented children from families with lower incomes.
The Minister of State, Department for Education and Department for Work and Pensions (Baroness Smith of Malvern) (Lab)
My Lords, this Government are committed to revitalising and widening access to arts education, including specialist education for our highest-achieving musicians and dancers. We continue to fund the music and dance scheme, providing bursaries to over 2,000 students. This remains means-tested, targeting support for students from lower-income families. Funding for the academic year 2026-27 onward will be announced in due course, and for the longer term will be subject to the next spending review.
Baroness Keeley (Lab)
I thank my noble friend the Minister for that response. In earlier debates, noble Lords have raised concerns that funding for this vital scheme has been frozen or increased only below inflation since 2011-12, and since 2022 grants have been limited to a one-year settlement. The eight music and dance scheme schools are currently auditioning pupils for entry later this year. The Hammond school in Chester told me that last year 30% of the pupils offered a music and dance scheme-supported place ultimately declined, despite meeting the talent threshold and wanting to attend. Families mainly cited uncertainty about the scheme’s long-term funding, particularly beyond the first year. Talented children from low-income families are not progressing to the specialist training that they need because the financial risk is now too great. Can my noble friend the Minister assure me that this loss of future talent in dance and music can be prevented through more secure funding of the scheme?
Baroness Smith of Malvern (Lab)
My noble friend is right that since 2010 funding for the music and dance scheme has been largely static. In fact, in some years between 2010 and 2020 it was cut in cash terms. I understand the concerns of the schools that my noble friend is representing here and, of course, the students and the highly talented young people who can benefit from them. I assure my noble friend that the fact that we have not been able to announce funding yet does not mean that we are not committed to the scheme. She will understand that the ability to offer longer periods of certainty is dependent on the spending review and our business planning, but the case has been made strongly by my noble friend and others.
Baroness Bull (CB)
I am grateful to the Minister for reiterating the Government’s commitment to the important role of the schools in providing high-quality, world-class training to these elite dancers and musicians. This intensity of training would not be appropriate nor possible in state schools, but the Government recognise the value of music and dance to all pupils. Where dance is concerned, does she agree that delivering improvements in the curriculum will be tricky given that it sits under PE teachers and it is not their specialism? Will she therefore agree to work with the four schools in the music and dance scheme and the extensive network of private schools to develop high-quality modules that could be rolled out nationally, thus deriving more value from the existing investment in the music and dance schools and giving all children an opportunity to benefit from the opportunities in music and dance?
Baroness Smith of Malvern (Lab)
The fact that dance sits under PE means that it is part of the national curriculum up to the age of 16. However, I take the noble Baroness’s point, which I think she has made previously, that having skilled teachers able to deliver that is important. Considering how we can build support from the specialist schools into our state schools is an interesting idea. I will certainly take that back to my colleagues in the department.
Lord Addington (LD)
My Lords, would the Minister not agree that this is something that is done on a small scale, at a very intensive level, for the elite, and that it is thus incredibly difficult for it to be done in the state system, and we are going to have to work with independent schools? Could the Government give a statement that they will make that reality part of their thinking and tell us how it will be done?
Baroness Smith of Malvern (Lab)
I agree with the noble Lord; that is the whole point of the music and dance scheme. It enables 2,000 young people who might not otherwise be able to get, as he says, that private education at the very highest levels, to benefit from it. This Government have maintained investment in that. I am pleased that 18% of the students who benefit from the music and dance scheme get a full bursary; anybody below a family income of £45,000 gets that bursary. That is what enables entry into these schools, and that is what we will certainly attempt to maintain.
Baroness Fraser of Craigmaddie (Con)
My Lords, I declare an interest as an alumna of one of the music and dance schools. I do not doubt the Minister’s commitment to the long-term effectiveness of the music and dance scheme. But is it not the wrong department that we are talking to? The schools say that they need a £36 million uplift for this year, and it is the Treasury that has caused the uplift in costs. They are classed as independent schools, so they are paying VAT on fees. Any uplift that the Department for Education has been able to give has only offset that uplift; it has not increased the viability of the schools. Can the Minister explain what the Treasury will do to ensure the survival of the schools this year as well as in future years?
Baroness Smith of Malvern (Lab)
This year, as has been the case since 2010, we have maintained the value of the funding for the music and dance scheme, and we have provided an additional £4 million to support parents having to pay for the impacts of VAT on private schools. We have done what was necessary to maintain it this year and, as I said previously, we recognise the significance of this scheme and we will do all we can to support it in the future.
The Lord Bishop of Manchester
My Lords, I declare my interest: I might myself have the voice of a frog but I have Chetham’s School of Music, which provides wonderful choristers for my cathedral. Does the Minister agree with me that there seems to be an anomaly? Last week the Government were able to announce significant money over four or five years for the built heritage of this country. However, when it comes to an equally important part of our heritage, our music and drama heritage, we are told that the most we can expect is another year and then, perhaps, later on, something longer. Why can we not have a similar length of settlement for the music and dance schools now as we had for the built heritage last week?
Baroness Smith of Malvern (Lab)
It is not right to say that the only support provided to music and the arts is through the music and dance scheme. That deals with a particular issue about how we ensure that, whatever your income, if you are highly talented, you can learn at the very best private schools, including Chetham’s. Alongside that, this Government have taken action on the national curriculum to support the place of arts and music. We are investing in a national centre for arts and music as well. So there is a long-term commitment from this Government to arts and music—somewhat in contrast to the last Government, I have to say.
Baroness Caine of Kentish Town (Lab)
My Lords, these specialist music and dance providers, and others, such as the BRIT School and the London Screen Academy, provide opportunities for very gifted young people to enter the talent pipeline so vital to the creative industries, a key growth sector of our economy. Can my noble friend the Minister therefore update the House on the development and investment in the sector skills plan for these industries, which should sit alongside the others already agreed, such as for digital and technology and the life sciences?
Baroness Smith of Malvern (Lab)
My noble friend makes an important point about the economic benefit and growth potential of the creative industries, which is why, as she says, we are developing a specific sector job plan for the creative industries alongside the other seven areas identified in the industrial strategy. I am meeting my ministerial colleagues tomorrow to ensure that progress is being made on those job plans. I know that just earlier this week, on Monday, Skills England and others held a good and productive meeting with the creative industries precisely to take forward that job plan.
Baroness Barran (Con)
The Minister will be aware that at least one of the eight specialist schools is at risk of closure within the next 12 to 24 months. Is that really what the Government want to see happen?
Baroness Smith of Malvern (Lab)
No, it is not. That is why, unlike the noble Baroness’s Government, we have not cut the money for the music and dance scheme. I understand that schools are keen that we provide even more. That is why we will soon announce the funding for 2026-27, and we will ensure that, alongside all the other things we are doing to support arts, music and dance, we find a way to enable the thriving arts and music scene in this country to continue and for young people to benefit from it.
The Earl of Clancarty (CB)
My Lords, the music and dance scheme ticks all the boxes for helping underprivileged students—exactly what the Government are in favour of. I do not understand why we are even having this Question. Why is this not sorted already? Further to what the noble Baroness, Lady Barran, said, there is a real possibility that some of these schools may close unless they get the £4 million that is required—not a huge amount of money in the scheme of things.
Baroness Smith of Malvern (Lab)
If every department in government was able to immediately come up with the money for everything that everybody argued was not a great amount of money in the scheme of things, it would be gratifying for those asking for it and bankrupting to the Government. I hope I have made clear today this Government’s commitment to the highly talented individuals who continue to receive support on a means-tested basis so that they can attend these private music and dance schools, as well as the broader investment and curriculum change that we are putting in to ensure that arts and music opportunities for young people, for the creative industries and beyond, are not only supported but reinvigorated by the interest that this Government are taking in them.
Children’s Wellbeing and Schools Bill
Baroness Smith of Malvern Excerpts(2 weeks, 3 days ago)
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Baroness Boycott (CB)
My Lords, I support both amendments from the noble Baroness, Lady Walmsley, in particular Amendment 113 on the school food improvement scheme. I am incredibly glad to see how many steps the Government are taking, but there are still things we need to work on. The noble Baroness referred to Professor Defeyter’s work on the finances and how, with big schools versus small schools, a lot of the money gets lost. It also happens with councils that are so cash-strapped that they sometimes take some of the money.
We are still living in a country where we have a postcode lottery on food. Some schools do amazing jobs with limited resources and some schools really do not. Nobody can now dispute the fact that the free school lunch, or any school lunch, is incredibly important to children. Yet we hear too often about schools that allow only 20 minutes for lunch, in which time you are meant to play, make a call, go to the toilet and have lunch, which is clearly going to be seen as a secondary part of a school.
It is also secondary in that the school catering departments at the moment get very little training. I wonder whether the Minister is aware of a scheme in the department being run by Chefs in Schools and a lot of philanthropic organisations to actively train chefs to go into schools and work with them to improve the quality. For the same amount of money, you can have really good quality and transform children’s lives.
Finally, nursery is equally important in getting kids eating the right stuff right from the beginning. I absolutely support that we need milk, but children also get fed there and those meals tend to fall outside of anything right now, as far as I can see. I would be interested to know what the Government will do.
The Minister of State, Department for Education and Department for Work and Pensions (Baroness Smith of Malvern) (Lab)
My Lords, the amendments in the third group cover free school meals, the nursery milk scheme, the Healthy Start scheme and school food. Ensuring that every child has access to nutritious food and support is fundamental to their health, development and ability to learn. We know that good nutrition starts early and that simple measures, whether access to milk or balanced school meals, can make a lasting difference.
I turn to government Amendments 111 and 112. Last year the Government announced that from September 2026, every child in a household receiving universal credit will be entitled to free school meals. This decisive action will lift 100,000 children across England out of poverty and save families around £500 per child each year. The amendments will enshrine this crucial commitment in law and ensure its successful delivery.
A child is currently eligible for free school meals if they attend a state-funded school in England, their household is in receipt of universal credit and the household’s income is less than £7,400. Government Amendment 112 creates a new category of free school meals, to be known as expanded free school meals, which will apply to that cohort of children in receipt of universal credit but with a household income greater than £7,400. This will ensure that free school lunches are provided on request to all pupils from households in receipt of universal credit and that state-funded schools in England will be under a duty to provide meals to those eligible children.
We will support over half a million more children in this way. Providing the most disadvantaged children with a healthy lunch each school day will help secure their education and improve their future prospects.
Government Amendment 111 will deliver the practical implementation of the free school meals expansion. The Department for Education relies on the provisions of the Education Act 2005 to process income and benefits data from other government departments so that it can check and confirm a child’s eligibility for free school meals. The scope of this power is, however, limited. This amendment will amend the 2005 Act to enable the department to identify whether a child is eligible under the current free school meals criteria or the expanded free school meals criteria and then communicate this to local authorities, parents and schools so that they in turn may determine whether a child is also eligible for other education benefits and funding.
Baroness Walmsley (LD)
My Lords, before the noble Baroness, Lady Barran, responds, I would like a small point of clarification from the Minister. I very much welcome the government amendments and congratulate the Government on what they are doing on free school meals. This is all very welcome, but in introducing it, the Minister said that the additional cohort would get a free school meal on request. She mentioned how the Government will make it easier for families to find out whether they are eligible, but can she say a little more about how they have to apply? Will it be as easy as possible?
Baroness Smith of Malvern (Lab)
Absolutely, it will be. First, by virtue of the fact that it is now open to all those on universal credit without the £7,400 cut-off, it is much clearer to families, to those supporting them and to schools who is eligible. Secondly, as I said, the provisions that enable the sharing of information, and therefore eligibility checks, will now also be open to parents themselves, not just through local authorities.
Baroness Barran (Con)
I thank the Minister for her encouragement. I am not sure whether I wanted the accolade of being the anti-Thatcher milk donor, but I will take whatever she gives me.
I am encouraged by the Minister’s commitment. I managed to write down only “within six months” before the next thing she said—unfortunately, the ink in my pen ran out—so clearly parliamentary time will be available. I thought the Minister made encouraging remarks about the comments by the noble Baroness, Lady Walmsley, but I feel that the noble Baroness might appreciate a few lines to expand on her final question. With that, I beg leave to withdraw the amendment.
Children’s Wellbeing and Schools Bill
Baroness Smith of Malvern Excerpts(2 weeks, 3 days ago)
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Baroness Shawcross-Wolfson (Con)
My Lords, I did not intend to speak but I too was greatly moved by the words of the noble Baroness, Lady Grey-Thompson, and I have had the experience of trying to care for a child in intensive care while worrying about another child at home. It is not an experience I would wish on anyone. It led me to become a trustee of the Cosmic charity, which tries to help families going through these types of experiences at the Imperial College Healthcare NHS Trust.
As the noble Baroness, Lady Cass, said, charities do incredible work supporting families in the most difficult circumstances. I urge the Government to think about what work they could do to look at the amendment and to see what more could be done to support parents and children in this situation.
Switching lanes to a Treasury mindset, I also support my noble friend Lady Barran’s Amendments 99 and 101. I know that the Government are sincere in their efforts to give every child the best possible start in life. I also know that at the Treasury and across Whitehall there is a huge push on government efficiency. This strikes me as an area where our failure to invest properly and consider how we can prevent these tragedies occurring has a huge fiscal cost, as well as the enormous emotional cost that we have heard about today.
The Minister of State, Department for Education and Department for Work and Pensions (Baroness Smith of Malvern) (Lab)
My Lords, as others have said, this has been an important debate on two issues that go to the heart of how we need to care for those in the most vulnerable and difficult circumstances, and we share the objective of ensuring that we do better in both situations.
Amendments 99 and 101 tabled by the noble Baroness, Lady Barran, concern support for birth parents who have had a child removed from their care and the collection of national data on repeat removals, respectively. This Government recognise that supporting birth parents can have a significant impact on keeping children safely at home and that more can and should be done.
I think it will be a theme of several of the groups this afternoon—in fact, it has been previously—that in some ways it is inevitable that as legislators we turn to legislation to deal with examples of not good enough practice where we want to achieve change. That is understandable, and in many cases, it is the right thing to do. Equally in my experience, strong practice, good evidence and innovation, often based on local needs, are a more effective way to achieve change. We need to be aware that mandating removes flexibility from local authorities to respond to local needs and priorities, increases local authority burdens and risks diverting funding from other preventive services that are not mandated by the legislation.
Also, we do not currently have a robust enough evidence base to mandate specific interventions nationally. This would also restrict innovation and deter locally developed interventions—for example, in Lincolnshire, whose TIME programme works with mothers who have experienced or are at risk of repeat removals of children from their care. Wolverhampton has a dedicated team supporting parents who have had a previous removal, and Warwickshire has its return home programme. We are already supporting the expansion of these services through the families first partnership programme, which is embedding the whole-family focus that noble Lords have rightly called for across children’s social care. That programme is backed by £2.4 billion of ring-fenced funding for prevention in this spending review period. It has, for example, already supported Redbridge to expand its pre-birth and post-birth service to promote earlier intervention with parents at risk of removals.
Through the families first partnership programme and wider reforms, we want to ensure that children’s social care support does not automatically drop away from a parent if they have a child removed from their care. The aim has to be to embed whole-family working throughout the children’s social care system in order to prevent future removals and to support children in returning home from care safely. We have previously committed to updating our Working Together to Safeguard Children 2023: Statutory Guidance to set out explicitly our expectations that birth parents are offered support. The updated FFP programme guide will also explicitly reference how the programme’s funding can be used to provide this support and will give examples of best practice.
On data collection, while equally, I support the sentiment of Amendment 101, once again I do not agree that a mandated collection is the right course of action or that it would have the desired impact. Mandatory collection would significantly increase the burden on local authorities, take resource away from service delivery and necessitate a significant change from existing practice that would require detailed work to assess feasibility and proportionality. Our wider reform programme is improving data collection and local information sharing. This will have a more positive impact on targeting support at a local level than a national collection.
Amendment 90, tabled by the noble Baroness, Lady Grey-Thompson, concerns a report into the barriers faced by the parents of critically ill children. I echo the words of my noble friend Lord Katz when a related amendment was tabled on Report on the Employment Rights Bill. I thank the noble Baroness for bringing this matter to the attention of the House, and, importantly, I acknowledge the resilience and courage shown by Ceri and Frances Menai-Davis in founding the charity It’s Never You and supporting other parents who find themselves facing similar unimaginably challenging personal circumstances. Parents and children in such a situation deserve and need support, and I know that that is the call noble Lords are making today.
My honourable friend in the other place, the Minister for Children and Families, Josh MacAlister, met with Ceri and Frances on 7 January, along with the noble Baroness, Lady Grey-Thompson and the honourable Member for North East Hertfordshire, Chris Hinchliff, to discuss the charity’s work and this amendment. Caring for a critically ill child can affect parents’ mental health in different ways, as we have heard. The Government are committed to delivering the 10-year health plan, which sets out ambitious plans to boost mental health support across the country. We will transform the mental health system so that people can access the right support at the right time.
Other changes in the plan which will support parents of critically ill children include actively involving carers—in this case, parents—in the care planning of those they care for, as well as improved identification and support of people in such a situation to better understand their responsibilities and to provide more targeted support. In addition to mental health impacts and support, the amendment raises financial and employment pressures. The Government can provide financial support through the carer’s allowance and universal credit to those providing unpaid care to a severely disabled child, and are spending record amounts, due to be around £4.5 billion this year, on the carer’s allowance.
We recognise the considerable sacrifice that parents in this situation must make, and the impact that that can have on their employment. Parents who are employees are currently entitled to emergency time off for dependants, unpaid parental leave and unpaid carer’s leave, all of which may help them to manage situations of serious childhood illness. We know that many employers will go beyond the statutory minimum to support their staff in such distressing situations, and it was good to hear an example.
As announced by my noble friend Lord Katz at the Report stage of the Employment Rights Act, the Department for Business and Trade is working to launch a consultation on employment rights for parents and caregivers of seriously ill children. This will be the first government consultation specifically on the employment rights of these parents. This will consider whether a new leave entitlement in the workplace should be introduced, such as the proposal for Hugh’s law, campaigned for passionately and tirelessly by the charity It’s Never You.
On 11 December last year, my honourable friend the Minister for Employment Rights and Consumer Protection, Kate Dearden, announced that Hugh’s law will have its own chapter in the consultation. It will make sure that the voices of charities, healthcare professionals and families with a seriously ill child are heard, to ensure that any proposals put forward for consultation will reflect the needs of children and their parents. This recognises that more work needs to be done to understand the employment impact on parents of seriously ill children and the precise support that may be needed.
Lastly, in addition to this consultation, I am pleased to be able to tell the House that on the amendment before us calling for a report into barriers facing parents of critically ill children, the Government will take further action and commission a report on the mental health impact on the families of children with a terminal diagnosis. This will include a review of the available evidence and cost effectiveness. Ministers from the Department of Health and Social Care will meet with stakeholders, including Ceri and Frances, to discuss the scope of the report. We do not require a legislative duty to conduct this report, which could in fact slow down its progress, so we do not believe that this amendment is necessary. However, I hope that this commitment and other action being taken by the Government underscore the importance we are giving to this issue and to better supporting families in such difficult and tragic circumstances. I hope that noble Lords are reassured, and that the noble Baroness feels able to withdraw her amendment.
Baroness Smith of Malvern (Lab)
My Lords, it is clear from the debate that we have had this evening that this is an issue about which there is considerable concern. This Government recognise those concerns about the impact of screen time and about children’s online safety, particularly given some immensely troubling cases. This is a topic of profound national interest and, understandably, as we have also heard today, there are a range of opinions. However, one thing that we are all aligned on is the importance of keeping children safe. As my right honourable friend the Secretary of State for Science, Innovation and Technology set out just yesterday in the other place, we are determined to help parents, children and young people to navigate these issues. We know many in this House and the other place have concerns around children’s online safety, how much screen time they get and how this can impact well-being. Rest assured that the Government hear those concerns and are prepared to act to deal with them.
I will come to yesterday’s announcement of a new consultation looking at how to improve children’s relationship with social media, but we should first recognise the significant action that this Government have already taken. The Online Safety Act brought in one of the most robust systems globally, with ground-breaking steps to tackle illegal content and activity and to protect children from harmful and age-inappropriate content. Much discussion today has been, as some have called it, frustration at the extent to which that is being fully utilised, but Ofcom has been prioritising its initial enforcement action against the most egregious harms, such as child sexual abuse material, self-harm content and children accessing pornography.
We fully expect further enforcement action to come. We have been very clear to Ofcom that it has the Government’s full backing to take enforcement action. We have since built on the Act’s foundations. First, we made content that promotes self-harm and suicide a priority offence. This provides users the strongest protections in the Act against this awful content. Last week my noble friend Lady Lloyd of Effra stood in this Chamber and confirmed that we will expedite legislation to criminalise the creation of non-consensual intimate images, and that this will be designated a priority offence under the Online Safety Act. Following this we made intimate image abuse and cyber flashing priority offences, and following that we have introduced an offence in the Crime and Policing Bill to criminalise AI models used to create child sexual abuse material. But we know that there is more to be done.
Amendments 91 and 106 tabled by the noble Baroness, Lady Penn, seek to update the early years foundation stage statutory framework and ensure a public information campaign on screen use by children aged nought to five. I agree with the noble Baroness, Lady Barran, that the noble Baroness, Lady Penn, has prosecuted this case with considerable energy and by bringing evidence to the Government. She has engaged well and the Government have taken action. Last week my right honourable friend the Secretary of State for Education announced that we will publish new practical, evidence-informed guidance for parents on early years screen time. Following a review led by the Children’s Commissioner and Professor Russell Viner, the new guidance will be published this April and made available to parents through the Best Start in Life website, giving them the clarity and support they are asking for to navigate screen time with their youngest children. The first meeting of the advisory group is tomorrow.
As part of this, we are going further still on screen time by developing guidance for parents of children aged five to 16, building on the early years guidance already under way. This will help parents to navigate the issue and support healthy conversations with their children about screen time. We are working closely with the Department of Health and Social Care and the NHS to ensure that screen time guidance and messaging to parents and families are delivered through the most suitable and impactful channels to ensure that all professionals, including those in the health system, have simple and practical messages to offer parents. We will use multiple routes, extending beyond government channels, to raise awareness of it among parent audiences, including the Best Start in Life website, designed to provide trusted and supportive information for parents.
We think this new guidance should be available for early years practitioners. We will update the non-statutory guidance to provide further information and emphasis on screen time and outline the considerations around adult use of technology within settings and any implications this has on interactions with children. Where needed, the provider guidance will go beyond the early years screen time guidance for parents and we will take the next opportunity to incorporate the updated help for early years providers guidance in the early years foundation stage frameworks. In addition, the department is preparing to review our non-statutory curriculum guidance for early years settings, Development Matters. As part of this, we will include information on screen time and digital literacy to support early years practitioners and teachers to build and design an effective curriculum.
We are taking more action on appointing an expert panel to inform guidance for the sector on the effective and safe use of digital devices and CCTV. If findings from that review indicate that the requirements within the early years foundation stage need to be strengthened, we will of course do so. On the point about timing, we are able to commit that substantial changes will be made to the early years foundation stage after September 2026, but we will do this as soon as possible and no later than April 2027.
The provisions of the Online Safety Act have set the foundations and we are taking further immediate action, with new screen time guidance to support parents of early years children and practitioners. But we have always been clear that we will continue acting to protect children online and their wider well-being. Most debate on amendments today has been on those that seek to regulate children’s relationship with social media. Amendment 92 tabled by the noble Lord, Lord Nash, is on VPN services. Amendment 94A was also tabled by the noble Lord, Lord Nash. I accept the points made by noble Lords that the noble Lord has prompted considerable debate on this. Amendment 94B was tabled by the noble Lord, Lord Mohammed of Tinsley. Amendments 108 to 110A were all tabled by the noble Lord, Lord Storey. It is clear that there is a range of different views on the action that we need to take, even as there is a consensus that action is needed.
As many will be aware, yesterday the Secretary of State for Science, Innovation and Technology announced that we are taking still further action, because keeping children safe online is a top priority for the Government. We will launch a short, sharp consultation on how to improve children’s relationship with social media. This will be a three-month consultation, with the Government reporting back in the summer. We are determined to help parents, children and young people deal with these issues, with a lasting solution that gives children the childhood they deserve, enhances their well-being and prepares them for the future. As we have seen play out in this debate today, while there is consensus that a problem remains, there is a difference of opinion on how children’s relationship with social media and screen time should be further tackled. This is shown, as several noble Lords have identified, by some of the most prominent voices in this field believing that a social media ban is not the right answer. This is exactly why we are consulting on this matter.
As the Secretary of State for Science, Innovation and Technology stated yesterday, this is not about whether we should act; it is about how we should act. The consultation will seek views on a range of measures on many issues that have been raised: determining the right minimum age for children to access social media, including exploring a ban for children under a certain age; exploring ways to improve the accuracy of age assurance; and reviewing whether the current age of digital consent is the right age. It will also include reviewing children’s use of VPNs and how these can circumvent online safety protections. It will be accompanied by a national conversation. It is centring the voices of parents, children, those with lived experiences and people who work closely with children across the public sector. We will be sure to capture voices from across society, including the most vulnerable.
Rest assured that we intend to move quickly on this. As I say, it will be a three-month consultation, with the Government reporting back in the summer. To reassure the House, as the Secretary of State set out clearly yesterday, we want to act on this. We have had constructive conversations with noble Lords about these issues and we are keen to continue those conversations ahead of Third Reading to find a way forward on the Bill that allows action to be taken following the consultation and, if necessary, to bring forward an amendment at Third Reading to enable the Secretary of State, through secondary legislation, to deliver the relevant, evidence-based outcomes of the consultation. As I have set out, the question is not whether the Government will take further action—we will act robustly. The question is how to do this most effectively. I hope that this will reassure noble Lords of the Government’s intention and that they will feel able not to press their amendments in this area.
Finally, I turn to Amendments 93 and 110B, tabled by the noble Lords, Lord Nash and Lord Storey. Amendment 93 would require any device sold in the UK to be preloaded with technology to prevent the recording, sharing and viewing of child sexual abuse material. Amendment 110B would prevent the creation, distribution and possession of child sexual abuse material. I acknowledge noble Lords’ intention to protect children through these amendments. I want to be clear that the Government share the ambition to protect children from nude imagery and to prevent the spread of child sexual abuse material online. That is why, in the violence against women and girls strategy, we have made it clear that we want to make it impossible for children in the UK to take, share or view nude images.
Youth Unemployment
Baroness Smith of Malvern Excerpts(2 weeks, 4 days ago)
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Lord Leigh of Hurley
To ask His Majesty’s Government what assessment they have made of the rising level of youth unemployment.
The Minister of State, Department for Education and Department for Work and Pensions (Baroness Smith of Malvern) (Lab)
My Lords, since May 2022, unemployment of young people has been rising. There are now almost 1 million young people not in education, employment or training. Young people face challenges such as lower skills, lack of work experience and a rise in reported health issues. In response, the Government are investing an additional £1.5 billion over the next three years through the youth guarantee and the growth and skills levy to help young people earn and learn. In addition, an independent review led by Alan Milburn will focus on the causes of youth unemployment.
Lord Leigh of Hurley (Con)
Indeed, and this very morning the ONS announced that youth unemployment has risen yet again. Our national living wage is now approaching that of France, which has a staggering youth unemployment rate of 20%. Even the Resolution Foundation agrees that when the national living wage went up for 18 to 20 year-olds, unemployment went up as a direct result. Have the Government done any risk assessments to see at what point a higher national living wage, especially for 18 to 20 year-olds, affects employment and increases unemployment?
Baroness Smith of Malvern (Lab)
As the noble Lord knows, and as was the case under the previous Government and from the time that the Low Pay Commission was set up, we explicitly asked the commission to consider the implications on employment of recommendations around increases in the living wage. We will continue to do that so that we can both make progress on getting young people back into work and ensure that they are fairly rewarded when they are there.
Lord Londesborough (CB)
My Lords, I appreciate that the Government’s youth guarantee scheme is well intentioned, but would it not be more effective if it applied to those 18 to 21 year-olds who have been out of work and education for six months rather than 18 months—by which time many will have lost hope and confidence, and may have, in effect, checked out? I know from my experience as an employer that the earlier that you hire the young, both skilled and unskilled, the greater the chance of success. Does the Minister agree?
Baroness Smith of Malvern (Lab)
The noble Lord is talking about the Government’s job guarantee, which will come in after 18 months with a guaranteed job for all those on universal credit. However, it is not the case that there is no action under the youth guarantee before that. The new youth guarantee gateway will ensure that if, after 13 weeks, a young person is not earning or learning then they will have a meeting followed by four weeks of intensive support. During this period, they will receive tailored guidance and be offered up to six options, which could be work, work experience, sector-based work academy programmes, apprenticeships, training or learning. There will be 300,000 more opportunities funded by this Government to support young people long before they get to that 18-month point. However, that point is a guaranteed jobs backstop.
Lord Palmer of Childs Hill (LD)
My Lords, I thank the Minister for that, but what assessment has been made of the impact of poor mental health on young people’s ability to enter work? How joined up is the Department for Work and Pensions with the NHS—if it is joined up at all?
Baroness Smith of Malvern (Lab)
There are certainly larger numbers of young people who, by virtue of mental health issues, are not in the labour market. That is why we have asked Alan Milburn to focus on this issue, why the Secretary of State for Health has initiated a review into the growing numbers of young people experiencing mental health problems, and why the Department for Education will ensure that there is a mental health professional to support every single school. That is joined-up government.
Baroness Curran (Lab)
My Lords, does my noble friend the Minister agree that the youth guarantee scheme could represent a step change in dealing with profound issues around youth unemployment? Does the scheme include a gender analysis to make sure that young girls get those opportunities, alongside young boys or young men and women?
Baroness Smith of Malvern (Lab)
My noble friend makes an important point. We will certainly ensure that we properly evaluate the youth guarantee trailblazers that are currently in place in eight areas, and the much- expanded national youth guarantee that we are now funding, and consider the sorts of impacts that my noble friend has identified.
Lord Evans of Rainow (Con)
My Lords, some of the best job opportunities are with some of our outstanding engineering companies throughout the United Kingdom, but some schools, colleges and universities do not allow companies involved in defence contracts to attend job fairs. What advice would the Minister give to schools and universities about the appropriateness of defence companies attending job fairs?
Baroness Smith of Malvern (Lab)
My advice would be that the defence industry is an enormously important part of this country’s engineering base. It is one of the eight areas identified in this Government’s industrial strategy and our young people should be encouraged to take advantage of the opportunities that there are in that industry.
Lord Laming (CB)
My Lords, the Minister will agree that this transition from school to employment is a critical stage in the life of every young person. Could she assure the House that all steps have been taken to ensure that the link between services for children and adult services is reinforced so that children do not find themselves fallen off a cliff at the end of school?
Baroness Smith of Malvern (Lab)
The noble Lord makes an enormously important point. It is sometimes at the point that young people finish school that they are lost to education or employment. That is why we will also put greater responsibilities on to schools to ensure the destinations of their pupils. We will deliver an automatic guarantee and automatic enrolment for young people into a college, and we will improve the risk of NEET indicators to identify earlier those young people who might end up not earning or learning.
Lord Bailey of Paddington (Con)
My Lords, given that the poorest families in this country cannot afford for their children to do endless training courses, what work is being done to make sure these lead to full-time, proper employment that pays those families who are sending their young people to endless government training courses?
Baroness Smith of Malvern (Lab)
The training courses that will be provided as part of the youth guarantee will not be charged for, and neither will the improved training that we will provide post-16 or apprenticeships, where young people will be earning at the same time as they are learning. If the noble Lord is making a point about the cost of living pressures on young people then I wholly accept that, but our responsibility is to ensure that those young people, through the new, free opportunities provided by the youth guarantee, are set off on a life that will enable them to build a good and high income for themselves and their families.
Baroness Uddin (Non-Afl)
My Lords, I welcome this initiative and thank the Minister for her responses. Is she aware that opportunities for young people with disabilities are very fractious at the moment? Will the Government ensure that people with all different disabilities, including autism, have the opportunity to benefit from this scheme with the kind of support that is promised?
Baroness Smith of Malvern (Lab)
My noble friend makes an important point. As I said in my Answer, it is one of the reasons why young people find it difficult to get into either further training or the workplace. We will certainly ensure, as we are doing through additional support for employers in apprenticeships, that where a young person has a disability, that support will be available to them and to the employer offering them the opportunity to work.
Baroness Stedman-Scott (Con)
My Lords, I acknowledge the work that the Government are doing to improve the situation for young people, but businesses are clear that the Employment Rights Act, the Government’s minimum wage rules and spiralling business rates are the direct causes of young people being kept out of the labour market. We can solve this problem only by enabling business to create jobs. How are His Majesty’s Government going to get employers to employ people when the risk environment that has been created is just so high, and what are they going to do to change this problem?
Baroness Smith of Malvern (Lab)
It is obviously the case that we need to support employers to take on young people who have been unemployed for a long period, which is why we will fully fund the job opportunities for young people who have been on universal credit for 18 months. But if it were the case that only the actions of this Government had been responsible for youth unemployment then we would not have seen the figures rising since May 2022 and we would not be seeing the same problem around the world. What is important is that this Government are taking action, including providing the financial support, to ensure that young people get back into work. I am glad that the noble Baroness supports those efforts.
Children’s Wellbeing and Schools Bill
Baroness Smith of Malvern Excerpts(2 weeks, 5 days ago)
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“(5) In section 37 (service of documents)—(a) in subsection (1)—(i) omit the words from “carrying” to “agency”;(ii) omit the “or” at the end of paragraph (a);(iii) at the end of paragraph (b) insert“; or(c) by being sent by email to the person’s email address.”;(b) after subsection (3) insert—“(3A) A notice or other document sent to a person by email is, unless the contrary is proved, to be treated as having been served on the working day immediately following the day on which it was sent.”;(c) after subsection (5) insert—“(6) A person’s (P’s) email address for the purposes of this section is—(a) an email address identified for the time being by P, or by a person who manages an establishment or agency carried on by P, as an address for contacting P, or(b) if an email address is not so identified, an email address which the person serving the notice or other document believes is used by P.For the purposes of this subsection, a person “identifies” an email address by providing it to a registration authority or publishing it.(7) In subsection (3A) “working day” means a day other than a Saturday, a Sunday, Christmas Day, Good Friday or a bank holiday under the Banking and Financial Dealings Act 1971 in England and Wales.””Member’s explanatory statement
This amendment would allow for notices under Part 2 of the Care Standards Act 2000 to be served on parent undertakings and others by email.
Member’s explanatory statement
This amendment would remove provision no longer needed because of the protection provided by the new general data protection override in section 183A of the Data Protection Act 2018, inserted by section 106(2) of the Data (Use and Access) Act 2025 and which came into force on 20 August 2025.
Member’s explanatory statement
This amendment is consequential on my amendment to clause 18, page 35, line 35.
Member’s explanatory statement
This amendment would provide that for the purposes of the care provider offence in section 21 of the Criminal Justice and Courts Act 2015 (as amended by clause 20) “regulated care” includes care or support provided for any child rather than only a child aged 16 or 17.
Member’s explanatory statement
This amendment would remove provision no longer needed because of the protection provided by the new general data protection override in section 183A of the Data Protection Act 2018, inserted by section 106(2) of the Data (Use and Access) Act 2025 and which came into force on 20 August 2025.
Member’s explanatory statement
This amendment is consequential on my amendment to clause 26, page 45, lines 1 to 5.