Further Education (Initial Teacher Training) Regulations 2026

Baroness Smith of Malvern Excerpts

Tuesday 17th March 2026 Grand Committee

Moved by

[Baroness Blake of Leeds]

That the Grand Committee do consider the Further Education (Initial Teacher Training) Regulations 2026.

Relevant document: 50th Report from the Secondary Legislation Scrutiny Committee

[Baroness in Waiting/Government Whip (Baroness Blake of Leeds) (Lab)]

My Lords, I thank the Secondary Legislation Scrutiny Committee and the Joint Committee on Statutory Instruments for their scrutiny of this instrument. These draft regulations were laid in Parliament on 22 January 2026.

As noble Lords will be aware, the quality of teaching is critical to securing the best outcomes for pupils, learners and students in all parts of our education system, from early years right through to adult education. In October last year, the post-16 education White Paper set out an ambitious vision for the future of our skills system in England. The further education sector is the driving engine of that vision. We must ensure that high-quality teaching is hard-wired into our colleges and training providers.

We are taking decisive steps now to improve and secure the quality of teacher training for the FE sector. Ensuring that there is an accessible, attractive and high-quality training offer for new teachers will help improve the recruitment and retention of teachers in the FE sector, contributing to the Government’s commitment to recruit an additional 6,500 teachers for our schools and colleges. It will also send a clear message about our focus on securing high and rising standards of teaching in our colleges.

This instrument marks an important step towards creating a regulated system of teacher training for FE, covering the full range of providers delivering relevant courses across the sector and based on clear, evidence-based quality standards. It dovetails with the focus on quality that comes with the new Ofsted inspection framework for initial teacher education, which will now encompass significantly more FE teacher training providers than it previously did.

For many years, successive Governments have focused efforts on securing standards of teacher training for our primary and secondary schools—with considerable success—but, until recently, that focus had not been extended to how well our FE teachers are being prepared. There is excellent practice in parts of the system, and regulation must not constrain or discourage innovation and excellence. However, there is too much inconsistency across the sector, and some deeply concerning examples of poor practice in FE teacher training have emerged in recent years. Trainees have not always been guaranteed a high-quality training experience that prepares them to be great FE teachers, and employers have not always been assured that teacher training courses are equipping new teachers with the skills and knowledge they will need.

The regulatory system created by these regulations will place new requirements on all providers of specified FE teacher training courses in England. This includes universities, colleges, training providers and any other organisations delivering such courses. These providers will be required: to have regard to guidance issued by the Secretary of State on the curriculum content of FE teacher training programmes; to have regard to guidance on delivery standards for FE teacher training courses; to register with the Department for Education as a provider of FE teacher training courses; and to submit regular data and information to the Department for Education relating to any specified FE teacher training courses provided.

These measures are proportionate but significant in their intended impact. For the first time, we, employers and potential new teachers will have clear sight of what teacher training provision is being offered, where and by whom. Such transparency is a key ingredient of a quality-focused system. That focus will be enhanced further by requiring all providers of specified courses to have regard to clear, evidence-based standards on course delivery and curriculum content.

DfE officials have worked closely, over a sustained period of time, with stakeholders from the FE provider and teacher training sectors. There is widespread consensus that the approach we are pursuing will deliver a clear, positive dividend in driving up standards, while ensuring that providers continue to have the flexibility they need to exercise their own professional and expert judgment.

These measures have been shaped by public consultation, a formal call for evidence and sustained engagement with professionals from across the sector. I record my thanks to all those who have contributed their time and expertise to the process.

Particular thanks are due to the expert group convened by the Department for Education, chaired by Anna Dawe OBE, principal of Wigan and Leigh College, one of the first technical excellence colleges, which has played a pivotal role in advising on the evidence for high-quality content in FE teacher training. I beg to move.

Schools (Recording and Reporting of Seclusion and Restraint) (England) Regulations 2025

Baroness Smith of Malvern Excerpts

Thursday 12th March 2026 Lords Chamber

New early intervention strategies are of course an excellent idea, but when done in conjunction with upholding the sometimes necessary use of seclusions and exclusions. We simply ask that the Minister and the department commit to revisit the incoming recording and reporting process that many people, not just noble Lords here, feel is poorly costed and has inadequate oversight. Can she then reassure your Lordships’ House that the Government accept that seclusions and exclusions are, regrettably, sometimes a necessary part of school life?

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

My Lords, I am grateful to have the opportunity today to respond to concerns raised by noble Lords and to clarify areas of misunderstanding, including in some of the analysis during this debate. The question of how schools use restrictive interventions, including physical restraint and seclusion, goes to the heart of how we keep children safe, support staff and uphold the trust of families. These interventions can have real and lasting effects, which is why this Government have taken such care in revising the Use of Reasonable Force guidance for schools and strengthening the framework around its use. Yet it is equally true that there will be moments, rare but critical, when the use of reasonable force or another restrictive intervention is both lawful and necessary to keep a child or those around them safe, and we cannot shy away from that reality.

In such circumstances, staff must be confident in what the law allows, clear on how to act safely and supported by leadership that builds strong partnerships with families, and provides parents with a clear and timely picture of their child’s experience. This sits at the heart of our wider approach of calm, caring and predictable environments supported by early, support-first intervention, as set out in our recently published schools White Paper. In doing so we ensure that every school and every classroom provides a safe, supportive place where every child, including those with special educational needs and disabilities, feels that they belong and can thrive.

It was with these principles in mind that we introduced new regulations requiring schools to record and report all incidents of seclusion and non-force-related restraint to parents, strengthening consistency and ensuring that parents are informed about significant events affecting their child. The consultation that we undertook early last year provided invaluable insight. While I understand the frustrations of the noble Lord, Lord Lucas, some of the words that he used about the department’s approach to engaging with schools, professionals and trade unions—that is widespread in the work that we do—were not fair and were significantly overstated.

During the course of that consultation, we heard clear concerns from parents, Ofsted and the Equality and Human Rights Commission about inconsistency in the monitoring of seclusion compared with physical force. There was real concern that this could lead schools to view seclusion as somehow easier or safer. That is not a message that any of us would wish schools to take, and the updated guidance directly addresses that risk. The revised guidance and new legislation equip schools to develop clear and inclusive policies, ensuring that safeguarding sits at the centre of decisions about restrictive interventions. It places strong emphasis on early help, understanding what sits behind behaviour, and using prevention and de-escalation strategies wherever possible. But it also recognises that when an intervention is necessary, staff must feel supported and able to act appropriately, lawfully and safely.

Importantly, every decision must take account of the welfare and needs of all children, including those with SEND, ensuring that responses are proportionate and rooted in an understanding of children’s needs and experiences. From April 2026, schools will be legally required, under these regulations, to record and report each significant incident of force, seclusion or non-force-related restraint to parents as soon as possible.

On the point about seclusion raised by the noble Earl, Lord Effingham, it is worth reminding ourselves of the definition of seclusion in this guidance. In these circumstances, we are talking about non-disciplinary interventions. I understand his concerns, which I share, about the need to ensure that teachers have the wherewithal and ability, through either suspension or other disciplinary measures, to maintain the calm classrooms that every child deserves. However, the seclusion covered in these regulations does not relate to those disciplinary areas.

On disciplinary provisions, the Government, in the most recent schools White Paper, came forward with proposals for how we can better handle, for example, internal suspensions. Those are not covered here. For clarity, seclusion here applies only where a pupil is prevented from leaving a space and is detained alone, other than as a disciplinary measure. That reflects the Equality and Human Rights Commission definition, which describes seclusion as the withdrawal of a pupil against their will and their confinement alone in a space they are not free to leave. In response to points raised by the noble Lord, Lord Lucas, in some of his communication, to be clear, seclusion does not include brief voluntary timeout, agreed calming arrangements or the planned non disciplinary use of separation or sensory spaces to support a pupil to regulate their emotions.

Schools must record all incidents of seclusion and non-force-related restraint. They may choose to record additional information, but such measures should not be described as “seclusion”. On the extent to which this process can be used for school improvement, we expect schools to use the data they collect to review their approaches and reduce the need for restrictive interventions through early, support-first approaches. Greater transparency will of course build trust with families and reassure the wider public about how such interventions are used.

I recognise the concerns raised about the evidence base underpinning the impact assessment. There is currently no national dataset on seclusion or non-force restraint. Therefore, internal exclusions were used as a cautious proxy because no better evidence exists. This is an imperfect measure, and the frequency of these incidents will vary significantly between settings—for example, in many secondary schools they are rare. However, in the absence of more robust data, it was the only viable approach. It may also be helpful to clarify that the monetised analysis of the impact assessment focuses on independent schools. Under Better Regulation requirements, as a department we must quantify the impact of new duties on businesses, and independent schools fall within that definition. State-funded schools do not do so, and so are not included in that element of the assessment. That is not to say there will not be an impact on state-funded schools—I will come to what that might be in a moment —it is simply to say that the approach taken in the impact assessment was in line with the Government’s Better Regulation requirements for how impact assessments are put together.

The noble Lord, Lord Lucas, and others also raised concerns about the department’s estimate of the time it will take school staff to record incidents. Although the evidence base is limited, I reassure noble Lords that this estimate assumes that schools already have or will put in place efficient and streamlined record-keeping systems. Our contacts with schools suggest that is the case in very many cases, and many do so already as part of wider safeguarding responsibilities. Our guidance is designed to support schools rather than add unnecessary burden. It is worth emphasising that many schools, as I already suggested, rarely use force or restrictive interventions. This has been fully reflected in our assessment of burden.

Post-16 Education and Skills White Paper

Baroness Smith of Malvern Excerpts

Tuesday 24th February 2026 Lords Chamber

[Lord Watson of Invergowrie]

To ask His Majesty’s Government how they plan to use the Post-16 education and skills white paper, published on 20 October 2025, to promote and deliver a culture of lifelong learning.

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

My Lords, the post-16 White Paper sets out our plan for giving people of all ages the skills and knowledge that they need to succeed and we need in order to develop a workforce that supports growth and national renewal. Through a range of policies and reforms across government, including the introduction of the lifelong learning entitlement, we will take a system-wide approach to promoting a culture of lifelong learning.

[Lord Watson of Invergowrie (Lab)]

I thank my noble friend for that response. I know she is aware that tomorrow marks the 60th anniversary of the launch by the then Arts Minister, Jennie Lee, later Baroness Lee of Asheridge, of the White Paper which led to the establishment of the Open University. That institution stands today as one of the finest legacies of any Labour Government. The 1966 White Paper emphasised that student enrolment should be open to everyone. This was referenced in the post-16 White Paper comment that there should be “no place or person” excluded from further education. Does my noble friend agree that more flexible pathways into and through higher education are necessary, as well as improved adult skills, that these are critical for economic growth, and that the Open University has a major role to play in this?

[Baroness Smith of Malvern (Lab)]

I strongly agree with my noble friend’s comments. I recognise the enormous contribution that a previous Labour Government made through Jennie Lee with the establishment of the Open University—and the contribution that the Open University has made in the last 60 years to enable people to learn in a way that suits them throughout their lives. It has transformed many people’s lives. As my noble friend says, we need to learn from that, not just in terms of our higher education but in how we can use the lifelong learning entitlement to enable people to learn throughout their lives—in further education and through independent learning providers and HE, supported by student finance. In the modern world, with a changing workplace, it is crucial that we enable that to happen and it is right that people have those opportunities.

[Lord Johnson of Marylebone (Con)]

My Lords, the lifelong learning entitlement was intended to usher in a skills revolution. But I fear that it will turn into a pea-shooter initiative unless the funding, the eligibility of which is restricted to level 4 and level 5 courses, is widened so that students can take level 7 courses. Will the Government set out what plans they have to do that?

[Baroness Smith of Malvern (Lab)]

It is important that we introduce the lifelong learning entitlement in a relatively restricted way, enabling us to build for the future. The key requirements, which I was addressing yesterday, are to provide flexibility for students at levels 4, 5 and 6. Those are the first priorities that we have set for the lifelong learning entitlement.

[Baroness Wolf of Dulwich (CB)]

My Lords, the lifelong learning entitlement was the number one recommendation of the Augar review back in 2019, so one cannot say that implementation has been very rapid. Can the Minister give us any progress information on how many providers are proposing to offer modular provision, and on the consultation on break points in degrees, which would make it easier for people to study without having to undertake a complete undergraduate degree?

[Baroness Smith of Malvern (Lab)]

I am very happy to write to the noble Baroness, and I am kicking myself for not knowing the numbers which will be in a position to offer modular provision in January 2027. We have taken quite a careful approach to ensuring that those which are able to do that will be offering high-quality courses at that point. We have had a very good response to that.

We are working now to determine how, as the noble Baroness says, we can enable there to be break points in degrees so that people can, at both level 4 and level 5, in some ways bank the learning that they have done and then possibly return to it later in life. I know she will push me to say that it is also important that we expand the numbers of students who are taking level 4 or 5 courses on their own as well.

[Lord Addington (LD)]

Following on from the emphasis on level 4 and 5 courses, what are we doing to encourage parents and pupils to accept that going on to level 4 and 5 courses after A-levels is a socially acceptable option, and one which schools should encourage? This cultural barrier is clearly one that has to be scrambled over.

[Baroness Smith of Malvern (Lab)]

The noble Lord is right. When we were talking yesterday about the opportunities provided by V-levels and T-levels, I also talked about the way in which they would increase the numbers of people who would take level 4 and 5 courses. We all have a responsibility to show the credibility and the currency that both vocational and technical education can provide for young people.

[Baroness O’Grady of Upper Holloway (Lab)]

My Lords, this year marks the 20th anniversary of Unionlearn, which my noble friend Lord Blunkett should take a good deal of credit for, and which, at its peak, together with union learning reps, helped a quarter of a million workers into learning for the first time. Many of them would never have gone through a conventional classroom. Can my noble friend the Minister say what progress there is for supporting Unionlearn and enabling it to get back to helping more working people back into learning in the workplace?

[Baroness Smith of Malvern (Lab)]

My noble friend is absolutely right. I can remember the contribution made by the union learning fund to support trade unions to enable the development of skills in their workplaces. It is a real shame that the last Government removed the funding from it. I can tell my noble friend that this is something that, relatively recently, we have been discussing within one of the two departments that I operate within. We are thinking about how we can get some of those benefits back and ensure that trade unions are able to contribute in a way in which they historically have done, to not only the representation of the workforce but the development of the workforce.

[Baroness Rawlings (Con)]

I declare my interest as a former chairman of King’s College London. What discussions have HMG had with the principals and vice-chancellors of universities on this subject?

[Baroness Smith of Malvern (Lab)]

I chair an advisory group on how we can develop and deliver the lifelong learning entitlement, which is well attended by vice-chancellors. I talk about the opportunities for lifelong learning whenever I get the chance.

[The Earl of Effingham (Con)]

My Lords, we support the Government’s White Paper objective that higher education reforms will drive economic growth. But that will work only if degrees benefit both students and the taxpayer. Does the Minister agree that there are currently too many degrees which contribute to neither growth nor positive outcomes?

[Baroness Smith of Malvern (Lab)]

Although the noble Earl did not revert to the language that some of his colleagues have used about university degrees, I share the view that, if we are expecting both young people and the state to invest in higher education, it needs to be of high quality. That is why I support the Office for Students in its current work to have a better definition of “quality” for higher education courses and why we have made it clear that we will want to link future increases in tuition fees to that measure of quality.

[Baroness Rafferty (Lab)]

My Lords, I too commend the work of the Open University in opening access to higher education. Can my noble friend the Minister confirm that there is a targeted pathway in place to reduce the numbers of young people not in employment, education or training?

[Baroness Smith of Malvern (Lab)]

I can absolutely confirm that to my noble friend. Since my right honourable friend the Secretary of State for Work and Pensions took on the role, it has been a key priority to tackle the 900,000 young people who are neither earning nor learning. That level is far too high and has been in existence for far too long. That is the reasoning behind the investment this Government are making in the youth guarantee, for example.

[Lord Laming (CB)]

My Lords, I am sure that the Minister will agree that lifelong learning needs to be based upon a strong foundation, which has at its heart valuing education. That means that all parents should ensure that their children get into school, stay in school regularly and value the education that is on offer.

[Baroness Smith of Malvern (Lab)]

The noble Lord is absolutely right. That is why we celebrate the 5 million additional days that children have been in school over the last year. In our schools White Paper we set a further challenging target to get young people back into school and attending full-time. The noble Lord is right that we need the support of parents to do that.

Student Loans: Review

Baroness Smith of Malvern Excerpts

Tuesday 24th February 2026 Lords Chamber

[Lord Young of Cookham]

To ask His Majesty’s Government what plans they have to review the student loans regime.

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

My Lords, given the inherited fiscal situation, we are making tough but necessary decisions to protect both taxpayers and students. It is right that those who can afford to repay their student loans do so. The system remains heavily subsidised. Lower-earning graduates are always protected by the cancellation of any outstanding loan and interest at the end of their repayment term. The Government continuously review student finance to ensure that it remains fair, sustainable and supportive of students from all backgrounds.

[Lord Young of Cookham (Con)]

I am grateful for that. At the moment, a student leaving with an average debt of £53,000 has to earn £66,000 per year just to cover the interest on the debt. The deputy leader of the Labour Party recently described that as “egregious”. The Budget made the situation even worse by freezing the thresholds for students from 2027. A month ago, the Chancellor described the current regime as “fair and reasonable”, but not a lot of people agreed. Does the noble Baroness think the leader of the Opposition might be on the right track by suggesting capping loans at RPI?

[Baroness Smith of Malvern (Lab)]

I know the noble Lord would not want the suggestion to be made that the level of debt impacts on the amount anybody repays in any given month, because, of course, that is wrong. As I have already identified, the majority of students do not repay the whole of their loan, so they already receive a considerable subsidy from the state. I am sure there are noble Lords in this House who feel slightly aggrieved about being accused, as the leader of the Opposition did, of presiding over a scam in developing the current plan 2 student loan system, but it is important that we maintain the protection for students and graduates that the student loan system creates while being open to thinking about how we can mitigate its burdens on students and those who are repaying their student finance.

[Baroness Smith of Llanfaes (PC)]

My Lords, what assessment have the Government made of how the increasing burden of student debt will influence young people’s decisions not to go to university, particularly for young people in regions of the UK where average salaries are really low? Are we going back to a situation where attending university will be just for the wealthy?

[Baroness Smith of Malvern (Lab)]

No we are not, and nor should we, which is why we have made increasing access and participation a major pillar of our reforms of higher education. Despite the student loan system, we have seen an increase in the numbers of young people going to university. We now need to close the gap between those who come from advantaged backgrounds and those who come from disadvantaged backgrounds, which has stubbornly remained. The student finance system removes any upfront fees from students to ensure that anybody who could benefit from higher education can.

[Baroness Garden of Frognal (LD)]

My Lords, as the noble Lord, Lord Young, said, the student finance system is broken. Students face soaring repayments that they never signed up for. May I suggest, for instance, that public sector workers—doctors, nurses, teachers, members of the Armed Forces, civil servants, and so on—who will never earn the eye-watering salaries of the private sector, have their loans written off after, say, 10 years of public service? Meanwhile, how about a complete revamp and building a cross-party consensus on what a fairer system would be?

[Baroness Smith of Malvern (Lab)]

To be clear, once again, the level of debt does not determine the level of repayments that students make. To suggest that it does confuses and misleads those thinking about going to university. I take the point that has been made recently about the pressure of student loan repayments. As a Government, we have had to set priorities in the 18 months we have been in power. We have chosen to stabilise the finances of our universities, introduce maintenance grants, increase the maintenance support for students, take action to reduce the unacceptably high numbers of young people who are neither earning nor learning—let alone getting the chance to go to university—and reverse the decline in young people starting apprenticeships. That is a pretty fair set of priorities.

[Lord Londesborough (CB)]

My Lords, in England alone, outstanding student debt now stands at £270 billion and is forecast to reach £500 billion by the late 2040s. With respect to the nation’s balance sheet, how much of this total debt do we realistically expect to be repaid? What, therefore, are the net liability implications for keeping to our fiscal rules?

--- Later in debate ---

[Baroness Smith of Malvern (Lab)]

As a Government, we recognise and support the public subsidy that the student finance scheme implies for students. For plan 2 full-time borrowers who started their courses in 2022-23, for example, we expect that only 32% of them will repay their loans in full. This is therefore a public subsidy for those individuals and for realising the broader public benefits that higher education brings, not only for those who have the opportunity to go through it but for society more broadly.

[Baroness Winterton of Doncaster (Lab)]

My Lords, I am glad to hear that my noble friend the Minister thinks that changes could be made to the system to make it fairer. However, does she agree that it is not sensible to think that there was a golden era when everybody went to university without worry? I went to university during a time when there were maintenance grants, but there was huge pressure in those times, particularly on people from lower incomes whose parents could not afford to put the top-ups in. We need to remember that when we consider the changes that need to be made. If she can make it fairer, that is good, but do not imagine that there was some previous time when everything was wonderful.

[Baroness Smith of Malvern (Lab)]

My noble friend makes a very important point. I went to university without a student loan, but I was part of only 14% of young people who were able to benefit from higher education. That figure now stands at more than 50%, and we need a student finance system that recognises that. I reiterate that the Government are making changes to student finance. We will reintroduce student grants and we are increasing maintenance loans for students. We are therefore opening up the opportunity for more students from lower-income backgrounds to get the benefits that higher education brings.

[The Earl of Effingham (Con)]

My Lords, as my noble friend Lord Young of Cookham put it so well, Rachel Reeves says that the student loan system is “fair and reasonable”; Lucy Powell, on the other hand, says that the system is “unfair” and “egregious”, while Bridget Phillipson says that it is not a priority for the Government. With three contradictory views on a review of student loans, is it any surprise to the Minister that, according to the latest Ipsos survey, over two-thirds of the country

“do not have confidence that the Government is running the country … properly, competently or seriously”?

[Baroness Smith of Malvern (Lab)]

I wonder whether the noble Earl has had the opportunity to discuss with some of his colleagues whether they believe that the system that they introduced is a scam. This is a system that was introduced by the previous Government. Plan 2 is no longer in operation for students starting today. Finally, if the leader of the Opposition is trying to suggest to students that they will repay less through a cap on interest, she would, of course, be misleading them, because that would not be true.

[Baroness Deech (CB)]

My Lords, the Sutton Trust, which has done wonderful work in this area, has shown that students who cannot afford to leave home do worse in their studies and throughout life. Will the Minister give student maintenance top priority and make it open to everybody, as it was in my time? I hope she will be brave enough not to shy away from the possible need to cut university places, have some mergers and make sure that we are not oversupplied with courses and universities that are not worth the money that students are paying.

[Baroness Smith of Malvern (Lab)]

I am afraid that I do not agree with the noble Baroness that reducing the numbers of people who can benefit from higher education is the most effective way to address this issue, although I agree that we need to address the cost of living crisis that current students face. That is why we are increasing the support available through maintenance loans, and it is why this Government will reintroduce the maintenance grants cut by the previous Government.

Schools White Paper: Every Child Achieving and Thriving

Baroness Smith of Malvern Excerpts

Tuesday 24th February 2026 Lords Chamber

[Lord Addington (LD)]

My Lords, the first thing to say is that I have been asking for this to come out for a long time, so I thank the Government for getting there eventually. The document does accept that it is a difficult and slow process that we are starting, and anybody who kids themselves that it is not will be doing a disservice to everybody involved. We are talking about 2030 for getting some structure in place. You have to train people, to get other people used to being told that they are operating differently in the classroom, and to get schools to re-incentivise, with an inclusion strategy and individual support plans. This is a cultural shift which will take real effort and time to push through. If we accept that, how will we make sure that everybody in every school understands that they have a duty and the ability to identify and tell parents what the problem is? That is where it all starts to go wrong.

At the moment, there is a disincentive for anybody to be identified by a school as having a special educational need, because you have got a budget that comes from the main school budget, which means you have got a choice between four kids getting their dyslexia support or help for autism or ADHD, or the roof leaks. How is that to be squared? It is not just more money; it is the allocation of money, and it is the duty. If you have an individual plan going through, are you flexible enough to allow that to be implemented?

There has been an acceptance in this Chamber every time I have spoken that you do not work harder; you work smarter. Individual groups will have a different take on this. I am a dyslexic, and I declare my interest as the president of the British Dyslexia Association. I use technology and I work with people who use technology—I declare my interest as the chairman of Microlink PC. The incentives I have there and the problems I square up to are different to those in the autism sector, which is probably one of the most vocal groups. How are we going to work these two in together? How are we going to have the flexibility to allow a school to actually undertake these different types of approach?

If you have that, if you make that an incentive, you stand a chance of getting a better situation, but only if you have identified that you can get the right help to the right person. Take dyslexia—I will cling to mother and talk to the one I know about. If it is not just the English teacher but the maths teacher who realises bad short-term memory means these individuals will not remember formulas and equations, bring those two together so everybody knows you will work differently. You can go into dyscalculia and others. The noble Baroness, Lady Bull, is not here but she has actually raised this and done a great service in bringing it further forward. When these groups come through, how are we going to get the capacity into the school to identify and bring it forward?

The reassessment of all plans and support structures when you get to secondary school is a natural break—you go from acquiring basic skills to acquiring knowledge to pass exams. But how are we going to make sure that is not something where somebody says, “Right, you are doing this here”; it should be about how you continue, not how you stop. There is a fear, and it has become very apparent. I recommend the “Woman’s Hour” podcast if noble Lords want to have a definition of the fear that has come out about this. How are we going to deal with that? These are the sort of questions we are going to have to start to answer today and carry on with.

I welcome the approach here, but unless you actually get a more coherent pattern that reassures those who have fought to get their EHCPs, spending time, blood and not a little money on them, what are we going to do? Can we also have a commitment from the Minister that the Government will be looking at how to remove lawyers from the system? In many cases, there are a lot of very second-rate lawyers who have taken this work on and are milking the system. We cannot go back to this. We cannot go back to this situation where only the articulate and well off are getting the help they need.

I applaud the attention towards subjects like sport and music, because it helps with special educational needs if you have got some positive attitude towards them. How are we going to bring this together? How is the flexibility and that inclusion pathway going to be put down so that the rest of this can be put on? If you get that right, you stand a chance of making a real improvement here. If we do not have that and we do not have the identification capacity, you will not achieve that much.

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

My Lords, our White Paper, Every Child Achieving and Thriving, sets out our ambition to improve the lives of all children and young people, combining the support they receive at home with a school experience that is challenging, enriching and inclusive.

First, we will broaden children’s experience of education with a knowledge-rich curriculum, smooth the transition between phases, and introduce an enrichment entitlement for every child and accountability changes that promote breadth.

Secondly, we will ensure that children who have been sidelined for too long are fully included. We want every child to have the best start in life, with support available earlier and locally. Deprivation funding will be targeted to boost outcomes for the most disadvantaged children, and we are launching two place-focused missions to provide a blueprint for national change. Our ambitious SEND reforms will support mainstream inclusion so that children can access help without waiting for lengthy assessments or having to engage with lawyers—including from our £1.8 billion Experts at Hand programme, wrapping professionals such as speech and language therapists around schools, and removing the incentive that both the noble Baroness and the noble Lord have identified for parents, who are desperate for the support that they need and want for their children, to have to fight through a lengthy process to get an education, health and care plan. But for those with more complex needs, new specialist provision packages, designed with experts and parents, will define the support required. All this is backed by £7 billion more for SEND in 2028-29 compared with 2025-26.

Thirdly, we will move from children and communities withdrawing from school to engaging with a new pupil engagement framework. Improved behaviour and attendance support and clearer information for parents will help strengthen relationships between families and schools.

Finally, we are building the strong foundations needed to deliver this change—more expert teachers, better training and improved maternity provision, deeper school collaboration through a trusted model and innovation powered by data, AI and regional RISE teams. These reforms, shaped by the largest national conversation on SEND, put children, families and inclusion at the heart of our system, and together they will ensure that every child in every community can achieve and thrive.

To give more detail on the incentives and funding point raised by the noble Baroness, Lady Barran, we have been clear that we will reform the system through the addition of £4 billion over the next three years, including the £1.6 billion for the inclusive mainstream fund, because we must get to a position where more parents feel confident that their children are receiving the support that they need in schools, alongside their friends and as part of their communities. We will provide £1.6 billion for that fund over three years, with over £500 million per year over the next three years to mainstream schools and other educational settings. That fund will give schools and other education settings direct responsibility over funding to empower them to deliver for children and young people with SEND. Over time, there will be a rebalancing of funding from the high needs budget into schools’ budgets, in line with new accountability arrangements—funding in schools where it needs to make the difference.

In addition, our £1.8 billion fund will enable there to be what we are calling Experts at Hand—speech and language therapists, educational psychologists, occupational therapists and others supporting children and teachers before the point at which children need to get to have an education, health and care plan. That funding will provide, for example, the equivalent of 160 days’ worth of support in a secondary school and 40 additional days in primary. We will expect schools to work in groups in order to ensure that, where it does not necessarily make sense or is not possible to provide that provision in one school, they can work together in order to ensure that that provision is available.

The key point here, as we think about education, health and care plans, is how we move to a system where children will not need an education, health and care plan to get support in the first place. Although, to be clear, education, health and care plans will remain for children with complex needs, they will be based on evidence-driven, expert-determined, specialist provision packages, which will enable better and more effective commissioning by local authorities of the provision that is most likely to provide support for children. They will back up the education, health and care plans, which will remain for those children with complex needs.

We are clear that we need to transform the system before we change the EHCP system. That is why we have been clear that no child will have their EHCP renewed before 2028-29 and that it will be only those children who are currently in year 2 or below, who will come to the end of their primary, at which point it would seem appropriate to review their education, health and care plan. Many of them may well continue with that plan; for others, the transformed system and the development of individual support plans for every child with special educational needs may provide a better opportunity at that point.

The noble Lord, Lord Addington, is right. We need to train people and teachers in order to be able to deliver the inclusive education that is at the heart of this reform. That is why we have already announced the £200 million additional support for every teacher and educator, from early years through to colleges, to get training in special educational needs and the type of teaching required to support children and young people. That is why we will make additional support and practitioners available in early years to help to identify those children who need additional support, and it is why we will invest in research to find the most effective ways of doing that throughout the system.

To conclude, our ambition is clear: to build an education system that enables every child, wherever they live and whatever their needs, to achieve and to thrive. These reforms will deliver earlier support, stronger inclusion, broader opportunities and higher standards for all. They are shaped by parents, grounded in evidence and backed by significant investment. Most importantly, they place children at the heart of every decision that we make. Working together, we can create a system that is fairer, more ambitious and fit for the future. That is how we will ensure that every child can achieve and thrive.

[Baroness Maclean of Redditch (Con)]

My Lords, I know from my work as an MP how sensitive this issue is and how important it is to families. I used to represent a constituency that the Minister will know very well.

There are concerns that we should not ignore. A number of eminent clinicians and psychiatrists are now raising concerns that the expansion of diagnostic labels to conditions such as autism and ADHD is causing children with the most severe and complex needs to be overlooked. Given that one in three EHCPs is now given for autism and that the number of children overall with SEN is rising, does the Minister think there is any validity in these concerns? If she does, will she look at it? What is the response? Will the Fonagy review look at this issue specifically as well?

[Baroness Smith of Malvern (Lab)]

The noble Baroness is right that I know that constituency very well, having proudly represented it for 13 years—although I am afraid that the history of Worcestershire’s approach to special educational needs has not always been as effective as we would want it to be. There is a challenge to be made to local authorities to ensure that they are stepping up to the mark, given the considerable additional investment that we are putting into the system.

On the point about diagnostic labels, the important thing is that we should not be waiting for a child to receive a label to determine whether they have needs that need to be met, both through more inclusive mainstream teaching and through additional support being provided within schools. Even when we get to the specialist provision packages, they will be determined not by labels but by the needs that children have in order to make progress.

On the point about overdiagnosis, we need to be careful. The Secretary of State has been clear about that. He has commissioned further research into the nature of the diagnosis, particularly in the areas of mental health and other learning difficulties. That is an appropriate thing to have done.

[Baroness Wilcox of Newport (Lab)]

My Lords, I am sure that my noble friend will agree that great teaching is vital to great schools and great childhoods. We both shared the pleasure of working at the chalkface for many years. What will the Government do in the months and years ahead to ensure that great teachers stay in the profession and that they themselves achieve and thrive?

[Baroness Smith of Malvern (Lab)]

My noble friend is absolutely right—and also about the joy that teaching brought to us both. That is why, alongside the White Paper, we published the implementation plan for delivering an additional 6,500 specialist teachers in our secondary schools and colleges. It is why, through the already improved pay for teachers, we are providing incentives for them to stay; why we are continuing to look at the working conditions that teachers operate under; and why, for example, the White Paper extends maternity pay for teachers from a pretty low base. Using all those things, and the support for teachers to do the job that they love even better, we are already seeing some progress in keeping more teachers in the classroom. We will continue to ensure that we focus on that.

[Baroness Morris of Yardley (Lab)]

My Lords, I very much welcome this document. It is very important and ambitious, but it is not without risk. The way in which the Government have consulted on it—and, in a way, taken their time—gives us the best possible chance of making a success of it. I hope that is the case.

I have two questions, which I hope the Minister can address. First, on the extra money going into the system to support SEND, I very much welcome the work that the Government plan to do on a new formula for supporting children from disadvantage. Will the way the SEND money goes into schools be part of that review and go in with money in the normal way, or will it take a different route? Will the details of that be announced? Secondly, I note that the White Paper allows local authorities to set up trusts. There is a quirky sentence, I think in chapter 5, which says that these local authority trusts will not be allowed to intervene or get involved in the day-to-day running of the school. That is not my impression of what happens with trusts at the moment. Will the rules that surround a local authority-led trust be exactly the same as the rules that surround others, or will they be slightly different, as this seems to indicate?

[Baroness Smith of Malvern (Lab)]

My noble friend is right that the White Paper proposes a different approach to how we fund disadvantage, recognising that a “yes or no”, free school meals analysis of whether somebody is disadvantaged does not really get to the heart of the nature of that disadvantage. We will consult on that in relation to the money that schools receive for the pupil premium and for the disadvantage factors within the national funding formula, some of which would relate to children with SEND but is not specifically about SEND. The £4 billion additional funding for SEND will be allocated in the way I outlined in my first answer.

On the point about local authority trusts, it is the objective of the White Paper for all schools to be part of a trust. We are clear that, in some cases, there may not be existing trusts that could take on a school. For that reason we will also allow local authorities to set up trusts, but it is not the intention to recreate local authorities through trust provision. That is the reason for the particular arrangements for local authority trusts.

[Lord Hampton (CB)]

My Lords, I congratulate the Government. As a teacher, I think this is an amazing document and I look forward to talking about it a lot more. Something I particularly love about it is the high expectation of families. A question that comes to me—one of many—is that it talks about experts at hand, wrapping professionals around mainstream settings. I love the fact that the schools are becoming the experts, but it is pretty light on detail. Can the Minister be a little more specific about how this is going to happen?

[Baroness Smith of Malvern (Lab)]

I am glad that the noble Lord recognises the emphasis on families and the relationship between schools and parents. An important element of the White Paper recognises, as I know the noble Lord does from his teaching career, that although teachers make a phenomenal difference to how children succeed, many other factors outside schools also impact on that. That is why this builds on a range of other activities, including those to support children to arrive at school ready to learn and our efforts to tackle child poverty, and brings stronger expectations on schools to ensure that they develop better home-school agreements and communicate consistently.

On the point about experts at hand, this is where I was talking about the additional funding that will enable some of those experts who, I am afraid, are currently spending too much time carrying out assessments or are in excellent special schools but are not able to offer that expertise out to schools, to develop it. Yes, there is work to be done on the design of how that happens, but this is considerable investment to deliver an average of 160 days to secondary schools precisely to get that support to children without them having to go through the torturous process of getting an education, health and care plan.

[Baroness Shawcross-Wolfson (Con)]

My Lords, I start by thanking all the officials involved in producing this very ambitious White Paper and crediting Ministers for their determination to tackle this very difficult issue. I wholeheartedly support their emphasis on early intervention.

The Minister very helpfully set out the plans for the £4 billion of spending that I understand is coming from the department’s existing spending review settlement over the next three years. I wonder whether she could also confirm—or correct me if I am wrong—that the Treasury is providing an additional £3.5 billion in 2028-29 as a one-off payment. Is this funding earmarked to cover the projected £6 billion of deficits that the OBR set out? I would be grateful if she could clarify that for me and tell me if I have misunderstood.

[Baroness Smith of Malvern (Lab)]

The £4 billion is additional funding over the next three years. The £6 billion that the OBR identified was based on the premise of an unreformed system. That the system is being reformed means that, by the time we get to 2028-29 and 2029-30, we will be operating in a very different system. As part of the local government settlement, we have also begun the process of writing off and taking over responsibility for the money that local authorities have built up from overspending on special educational needs in recent years. Those two things are separate.

[The Lord Bishop of Manchester]

My Lords, I declare an interest in that my diocese has more than 190 Church schools and we educate around 60,000 children, in the total roll across them. The Church of England has already officially welcomed the White Paper and these Benches echo that this evening.

In Manchester, we have been looking at those points of transition—the transition from preschool into primary and from primary into secondary. In the past five or six years, the Bolton metropolitan area has had a project called Children Changing Places, because we recognise that, in those points of transition, children’s academic, social and spiritual development can go backwards, so we have been investing money into those points of transition. I note that both the White Paper and the Minister, in her replies this evening, referred to those points of transition. Might I tempt her to say a little more about how children can be enabled to manage those transitions without dropping back in their various levels of attainment?

[Baroness Smith of Malvern (Lab)]

The right reverend Prelate makes a very important point. As an example, we are working on how we can ensure that children are better prepared when they start school with an ambitious target to improve that, and investment in Best Start in Life and childcare to enable it.

Another key transition is from primary to secondary. Too often, key stage 3—the first three years in secondary—is not spent as effectively as it could be. Developing a new programme around the best practice for key stage 3 and really focusing on that will be part of the work of the RISE teams.

Another area where transition is often raised is in relation to SEND and children going from mainstream schools into colleges. We will make better provision for that and expect schools, at an earlier stage, to provide the information that colleges need to help children with special educational needs to thrive.

[Lord Knight of Weymouth (Lab)]

My Lords, I remind the House of my education interests, in particular as chair of STEM Learning and of the E-ACT multi-academy trust. At some of our E-ACT primary schools in Bristol, we have been investing in speech and language therapy training for all our mainstream teachers in reception and early years. As a result, we are identifying more pupils with special educational needs but fewer are going on to have education, health and care plans. That gives me optimism in the basis for early intervention in these reforms and that it will work.

My question to my noble friend is around the seven specialist provision packages. Getting the detail right on those is crucial to gain the confidence of parents. How can we ensure that the consultation that the department is carrying out will properly include all stakeholders, including those with special educational needs and disabilities?

[Baroness Smith of Malvern (Lab)]

My noble friend has identified the benefits of early intervention, as he says. We need a clearer and more evidence-based approach to what is appropriate for children with complex needs, which is why we are creating a new set of nationally consistent specialist provision packages. They will be designed to set clear expectations of what high-quality specialist provision should offer. They will be developed by experts and tested with families to make sure that they work in real life and reflect the best evidence about what helps children thrive. As I said, they are not based on diagnoses; instead, they will focus on the support that a child needs to learn, communicate, feel regulated and take part in school life. This important work will also be reviewed by an independent national expert panel, which will help to keep them up to date.

[Baroness Bennett of Manor Castle (GP)]

My Lords, my question relates to the plans for a review of education, health and care plans after primary school from 2030. For children with a special school place from September 2029, there is a promise to keep their place, but their EHCP will be reviewed.

I am drawing on my experience as a governor at a primary school in London that had an autistic unit. When it was created, the assumption was that children would be there for a few years, would get support and would then be able to move into mainstream schooling. That was not the experience. As school years go forward, the curriculum becomes more complex and the social setting of a classroom becomes more complex, and children were not able to make that progression.

If there is to be a review of EHCPs at the end of primary, do the Government have any evidence or data on how many people with an EHCP will lose it? We have to pick up the point from the noble Lord, Lord Addington, about parents putting so much time, energy and money into securing these EHCPs and the fear of losing them. What will the benefit of the review be versus the cost to parents?

[Baroness Smith of Malvern (Lab)]

First, to be clear, the majority of children who have an EHCP are in a special school. No child who is in a special school will need to leave a special school placement at any point. Secondly, on the point about bases in schools, part of the investment that we are putting in is to enable more opportunities within schools, to develop the type of bases that will provide specialist support for children but enable them to stay in mainstream schools in their communities, alongside their friends.

[Lord Mohammed of Tinsley (LD)]

My Lords, I echo the point made by the noble Lord, Lord Addington, that these changes are desperately needed. The system is currently broken and we need to see change. I press the Minister on the issue of the pupil premium, a scheme designed for funding to follow disadvantaged young people. If any review is undertaken of how that money is allocated, can the Minister assure us that it will be done in a transparent way so that we know which people may lose out? Can the Minister commit to at least trying to protect funding for care-experienced young people when it comes to the pupil premium?

[Baroness Smith of Malvern (Lab)]

This is not about how we cut the money that is available for disadvantage; this is about how we ensure that it is spent in a way that recognises that not all disadvantage is the same. We will be maintaining—in fact, we have increased—spending on the pupil premium. In relation to the overall review of the funding formula and the way in which we allocate the pupil premium, all of that will be subject to consultation, which will be starting this summer.

[Baroness Thornton (Lab)]

My Lords, I welcome this initiative and the document—they are brilliant. However, I want to ask about the children who might have to attend a special school because of their particular needs and the challenges that they face. As somebody has already mentioned, one of the problems that local authorities face in the overspend on this concerns some of the special schools that we already have, which are profit-gouging. They are overcharging huge amounts of money for our most vulnerable children. We know that there are excellent special schools in the sector run by charities, social enterprises and, indeed, some of the private enterprises, but it is clear that those making vast profits need to be dealt with. I welcome the investment that has been proposed, but I would like to ask my noble friend the Minister about the transition that will happen. Will new powers be needed for local authorities and others, to make sure that we do not leave children and parents vulnerable because of the schools that are having to be dealt with?

[Baroness Smith of Malvern (Lab)]

My noble friend is absolutely right. There is excellent work going on in our special schools, in the state sector and the independent sector. However, it cannot be right that there is a differential of three times between that which is charged in independent special schools and that which is charged in state special schools. Where that reflects highly specialised provision, that is legitimate, but where it is feeding private equity and, as my noble friend says, focused on profit, it is wholly wrong. That is why we will improve the regulation of independent special schools and, using the specialist packages that we are developing, create price bands indicating what local authorities will pay for children to go there. We can then be clearer that the money we are spending is delivering outcomes for children and not profits for private equity.

[Baroness Debbonaire (Lab)]

My Lords, my question has been partly answered. I thank my noble friend the Minister for bringing the Statement to the House and for the White Paper. I would like to press her a little more on that very topic. While it is absolutely right that these schools not be run for such profit-gouging as has been mentioned, how will needs be assessed in the case of children with very complex needs who are currently in specialist education that is well-run? I declare an interest, in that my nephew works with those children.

[Baroness Smith of Malvern (Lab)]

Children in special schools, either in the state sector or in independent special schools, will be there by virtue of an education, health and care plan. They will keep that education, health and care plan if they are in a special school. That will now be reinforced by clearer evidence and recognition of what the best practice would be for those children. Part of that evidence will be informed by the excellent work that is happening within special schools. If we can also get some of the expertise in special schools into mainstream schools through the £1.8 billion investment and the “expert at hand” provision then we really will have made sure that we are making the most of the excellent work that happens in our special schools.

V-levels

Baroness Smith of Malvern Excerpts

Monday 23rd February 2026 Lords Chamber

[Lord McNicol of West Kilbride]

To ask His Majesty’s Government what plans they have to communicate the purpose and value of the newly introduced V-Levels to students, parents, and employers, to ensure widespread understanding and uptake of these qualifications.

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

My Lords, V-levels will deliver a once-in-a-generation reform to 16-19 vocational education, supporting our goal for two-thirds of young people to reach higher-level study or apprenticeships. We will work with partners, including FE providers, local government, employers, higher education providers and the Careers & Enterprise Company, to ensure that V-levels are understood and valued. We will raise awareness of V-levels through our Skills for Life and future communications campaigns. Our consultation response will be published soon.

[Lord McNicol of West Kilbride (Lab)]

I thank my noble friend the Minister and welcome the clarity and reassurance she has given. Given the concerning new figures on youth unemployment, what steps are being taken to ensure that businesses engage with the meaningful work placements that are envisaged for V-level students, and have His Majesty’s Government considered financial or regulatory incentives to encourage employers, especially rural SMEs, to offer these placements for V-level students?

[Baroness Smith of Malvern (Lab)]

My noble friend is right that work experience often plays an important role in enabling young people to experience work and to reduce the risk of them becoming NEET, as does having the right routes for further study at level 3, which is part of what the V-level reforms are about. As well as this Government’s commitment to two weeks of work experience for students throughout their school career, we already have very effective industrial placements in T-levels, of course, and we will use the additional funding for the youth guarantee to provide the opportunity for young people who are out of work to experience work experience as part of the youth guarantee gateway.

[Lord Redwood (Con)]

For V-levels to succeed, they need to be linked with a good opportunity to get a well-paid job. So what measures will the Government take urgently to tackle the unacceptably high levels of youth unemployment brought about by high taxes and anti-business culture, when, for these V-levels to succeed, we need a welcoming approach by business to youth employment?

[Baroness Smith of Malvern (Lab)]

The noble Lord is of course right that we need good jobs for young people. We also need investment in their education and training, which this Government are putting in place. The £1.5 billion that the Chancellor made available to support the youth guarantee and apprenticeships for young people will help to ensure more opportunities for apprenticeships, more opportunities to get young people who are currently out of work into work, and a backstop job guarantee for those young people.

[Baroness Wheatcroft (CB)]

Will the Minister tell the House just how successful T-levels have been? Take-up by employers is said to have been mixed at best. That being the case, how is she going to persuade employers to take part in V-levels?

[Baroness Smith of Malvern (Lab)]

Nearly 85,000 students have started a T-level since the launch in 2020, and we saw considerable growth last year in the numbers of students taking them up. We are seeing improvements in the pass rate and in retention rates. There is a challenge to ensure that high-quality industrial placements are made available to more students. To ensure that that is possible, we have made some revisions to the requirements for industrial placements to enable even more students to benefit from them.

[Lord Mohammed of Tinsley (LD)]

My Lords, T-levels have had very patchy coverage, particularly when it comes to the regions, so how is the Government’s communication plan going to be rigorous enough to ensure that V-levels, particularly in subject areas such as digital and engineering, reach out to areas that often do not engage with this, particularly in the north? The figures for youth unemployment and NEETs, particularly in the north, are very high.

[Baroness Smith of Malvern (Lab)]

I have had the chance to talk to students in colleges that are delivering successful T-level provision in the north, but I understand the point that the noble Lord is making. As I say, V-levels are an enormously important opportunity for young people who are not wholly clear what career pathway and occupation that they want to undertake but know that they learn better through applied learning and through assessment that is more practical—something that has been widely called for. The links to occupational standards that V-levels will include will also give confidence that young people will find a route through to work or to higher study as a result of V-levels. As I said in my initial Answer, we will also work hard to make sure that awareness of these opportunities is spread as far as possible.

[Lord Kirkhope of Harrogate (Con)]

My Lords, HND is well known as a qualification, and many employers have been delighted over many years now to employ people who have obtained that qualification. However, does the Minister not think that, with these various different qualifications, employers in many cases are still confused as to precisely what qualifications they are looking at when they are employing new people?

[Baroness Smith of Malvern (Lab)]

The noble Lord makes a fair point, which is why at level 3 we want to ensure that there are three clear routes—through A-levels, T-levels and V-levels—while at levels 4 and 5, which is where HNDs sit, we want to improve our current position, where insufficient numbers of young people go on to get qualified. That is why the Prime Minister set the target of two-thirds of young people achieving level 4 or above, and V-levels are an important route to that further study that the noble Lord was talking about.

[Lord Watts (Lab)]

Does the Minister agree that it is not the recent tax increases that have damaged the economy but the cost of Brexit, which cost £100 billion? That is another mess that has been left by the previous Government.

[Baroness Smith of Malvern (Lab)]

The only thing about which I disagree with my noble friend is that that is not the only mess left by the previous Government that we have had to clear up.

[Baroness Barran (Con)]

Perhaps I might build on the question asked by the noble Baroness, Lady Wheatcroft, about T-levels. My experience of talking to pupils who are studying T-levels is that they are almost universally incredibly enthusiastic about them, but if one goes to a school that does not deliver T-levels one finds that no one has heard of them, so the communication problem still exists for T-levels—as it will do for V-levels. I wonder whether the Minister could say what the Government are doing to address that.

[Baroness Smith of Malvern (Lab)]

We have seen a considerable increase in the awareness of T-levels. It is also the case that we want to ensure—through reforms that we will have more to say about in the near future—that T-levels are both accessible to more students and scalable for more students to be able to take advantage of them. In doing that, we are talking not only to colleges where T-levels are going very successfully but to sixth-form colleges and school sixth forms.

[Lord Hampton (CB)]

My Lords, as an ex-head of department, I can assure everybody that it is the heads of department who get to choose the exams in a school. Schools are finding it really difficult with T-levels to link up with the employers; colleges are finding it much easier. Can the Minister tell us how the Government are going to persuade heads of department and the careers departments in schools to get together to get these really meaningful employment opportunities?

[Baroness Smith of Malvern (Lab)]

As a former head of department, I am not sure that I completely agree with the noble Lord that all the important decisions are made by heads of department, but it is certainly the case that quite a lot of them are. That is why it is important for us to provide clarity for schools about the responsibility to provide work experience for all students and that we make industrial placements—for example, for T-levels—more deliverable on a larger scale than they are at the moment. It is why we need to continue the work in careers education to ensure that there is greater awareness and understanding of the range of options available to young people. Having clarity about the three routes for further study alongside apprenticeships for those aged 16 to 19 will help make that route for young people clearer.

[Lord Addington (LD)]

My Lords, the main problem with communicating exactly what these exams are and how they fit into the employability of a person can be addressed only by better careers training. Can the Minister point out now how this fits into careers advice given to children, probably as young as primary school age, and their parents, so that they will be able to start to plan?

[Baroness Smith of Malvern (Lab)]

The noble Lord is right that good careers advice is important. Some 96% of secondary schools and colleges are now in careers hubs, connecting them to employers and apprenticeship providers in their areas. Over 3,500 business volunteers work with schools and colleges to inspire young people about career opportunities, including the vocational and academic pathways into their sectors.

Free Speech Complaints Scheme

Baroness Smith of Malvern Excerpts

Monday 23rd February 2026 Lords Chamber

[Lord Skidelsky]

To ask His Majesty’s Government what assessment they have made of the letter to the Secretary of State for Education, signed by more than 350 academics and campaigners, calling for a free-speech complaints scheme run by the Office for Students.

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

My Lords, the Government are absolutely committed to freedom of speech and academic freedom. I can confirm that the Secretary of State and I have considered the letter and the concerns raised in it, and I had the opportunity to meet with and hear from many of the signatories. While I cannot comment on the future legislative programme, our commitment to the complaints scheme has been clearly set out. We will act to protect freedom of speech and academic freedom, and we are considering options.

[Lord Skidelsky (CB)]

I thank the Minister for her reply. Can she please explain why a complaints scheme has not yet been introduced, despite the Government’s promise set out in the Department for Education policy paper published in June 2025 to

“seek a legislative vehicle at the earliest opportunity”?

Do the Government have a timetable for legislation to amend and implement the Higher Education (Freedom of Speech) Act to achieve that purpose?

[Baroness Smith of Malvern (Lab)]

As I made clear in my Answer, we have committed to introducing the revised complaints process. It is normal practice not to comment on future legislative opportunities. However, I assure the noble Lord that we are making progress with this. I expect us to be able to introduce the amended complaints scheme sooner rather than later.

[Lord Young of Acton (Con)]

My Lords, I declare my interest as director of the Free Speech Union. The Minister has said in the past that the complaints scheme provided for in Section 8 of the Higher Education (Freedom of Speech) Act 2023 has not yet been introduced because the Secretary of State wants to amend the scheme to prevent students being able to submit complaints to the Office for Students about their speech being unlawfully interfered with, and that the only way to introduce the revised scheme, as the noble Lord said, would be via an amendment to a suitable legislative vehicle, and said vehicle has yet to hove into view. However, I have been told by a senior parliamentary official in response to a question that I submitted to the Library that the Government could, via secondary legislation, partially commence Section 8 in a way that meets the Secretary of State’s concerns. There is no constitutional reason why this has to be done by primary legislation. Why has it not been done yet?

[Baroness Smith of Malvern (Lab)]

Students can already express complaints through the Office of the Independent Adjudicator. The plan for the complaints scheme was that it should focus on staff, visiting speakers and members. The noble Lord has talked to me about his alternative proposal. It is one that, along with other options, we are considering.

[Lord Mohammed of Tinsley (LD)]

My Lords, if freedom of expression is a priority for this Government, why have they not considered short, stand-alone legislation, similar to the medical training Bill that we will debate later this afternoon, so that any issues could be resolved quickly and not leave academics in legal limbo for years to come?

[Baroness Smith of Malvern (Lab)]

We will not be leaving academics in legal limbo. Freedom of speech is undoubtedly a priority for this Government. It was a Labour Government who first enshrined freedom of expression in law through the Human Rights Act.

[Baroness Barran (Con)]

My Lords, even in the last few weeks we have seen academics required to go to court to vindicate their rights. They have been forced to bring expensive proceedings and we have seen huge payouts made by institutions to academics who have been unlawfully treated. It is my understanding that there is now authoritative legal advice that has been sought by academics, lawyers and Members of this House on how the Government could introduce the complaints scheme—which is on the statute book but not yet in force—in a way which meets the Government’s concerns about the width of the scheme while ending the otherwise unstoppable rush to the courts. Can the Minister commit to asking her officials to review those proposals as a matter of urgency?

[Baroness Smith of Malvern (Lab)]

I hope that the noble Baroness had a relaxing recess. As I said in response to her noble friend, a range of options has been proposed. I am not quite sure that the legal advice is as authoritative as she suggests, but I am in constant conversation with officials about the most appropriate route through which to commence the complaints scheme. We will make progress on this.

[Baroness Bennett of Manor Castle (GP)]

My Lords, I am sure the Minister is aware that the greatest threat to academic free speech—the ability to research, publish and teach students—is the funding situation of UK universities. Half of UK universities face a deficit in 2025-26 and as many as 50 are at risk of closure in the next year. The University and College Union tracker shows that 105 universities are facing major redundancies. Our universities are in crisis. What are the Government going to do?

[Baroness Smith of Malvern (Lab)]

The noble Baroness is right that the freezing of tuition fees by the previous Government put considerable financial strain on the university sector, which is why I am sure she will support this Government in our inflation-linked increases to tuition fees in order to fund universities. There is no point willing the ends if you are not willing to will the means.

[Lord Bird (CB)]

Can we include criticism of the actions of Israel in Gaza in the freedom of speech argument, because there are many of us who are being silenced by it?

[Baroness Smith of Malvern (Lab)]

I have not seen much evidence that the noble Lord is being silenced, but it remains an important part of free speech provisions to be able to protest legitimately—but not, of course, to harass or to promote antisemitism on campus. It is completely clear that that is the case, and there is a clear distinction between the two.

[Lord Evans of Rainow (Con)]

My Lords, I wonder if the Minister can give us an indication of when the Government will respond to your Lordships’ House’s special report into social mobility. It has been sat on the Secretary of State’s desk for a long time now.

--- Later in debate ---

[Baroness Smith of Malvern (Lab)]

I cannot quite remember when it was that I appeared in front of the committee on that report, but I enjoyed the experience. I do not think it will be very long, from memory.

Children’s Wellbeing and Schools Bill

Baroness Smith of Malvern Excerpts

Monday 9th February 2026 Lords Chamber

Moved by

[Baroness Smith of Malvern]

That the Bill be now read a third time.

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

My Lords, before dealing formally with the amendments at Third Reading of the Children’s Wellbeing and Schools Bill, I will make a brief statement regarding legislative consent on this Bill.

During its development and parliamentary passage, the Secretary of State for Education has regularly corresponded and engaged with her devolved government counterparts, and this has been supported by continued engagement between officials. As a result, I can confirm that a legislative consent Motion has been successfully agreed in the Scottish Parliament and that the Senedd is in the process of agreeing a suitable date for the debate. This is to ensure that there is time to consider and discuss amendments that have been tabled and accepted by Your Lordships’ House on Report that also engage the consent process. Owing to the date that these amendments were tabled, it has not been possible for a further supplementary legislative consent Motion to be secured by the time of this statement. However, the Welsh Government have recommended that the Senedd gives consent to the Report amendments, and are committed to progressing the supplementary LCM as swiftly as possible.

More broadly, I am grateful to Ministers and officials in the Scottish Government, the Welsh Government and the Northern Ireland Executive for their positive and collaborative approach towards this legislation. We remain committed to sustained engagement with the devolved Governments for the remainder of the Bill’s passage as we look forward to its implementation. I beg to move that this Bill now be read a third time.

Clause 38: School uniforms: limits on branded items

Amendment 1

Moved by

--- Later in debate ---

[Lord Storey (LD)]

I beg to move Amendment 1, on behalf of my noble friend Lord Mohammed.

[Baroness Smith of Malvern (Lab)]

My Lords, I recognise that Amendment 1, moved by the noble Lord, Lord Storey, on behalf of the noble Lord, Lord Mohammed, is a tidying-up amendment, consequential to his previous amendment on school uniform. While I am sure that the debate on the wider issue of school uniform will continue in the other place, we recognise that this amendment simply corrects a now redundant reference created by his prior amendment. For this reason, we are prepared to accept it at this stage, so that his proposed amendments can be considered together at the next stage.

I turn to the government amendments. Amendment 2 provides that regulations made by Welsh Ministers in relation to the mandatory meeting scheme for parents wishing to withdraw their child from school for home education will be subject to the Senedd’s approval procedure. This is an important and necessary correction which brings Wales into alignment with the position in England, where regulations made by the Secretary of State are subject to the affirmative procedure. As the Bill currently stands, no parliamentary procedure is attached to the Welsh regulations, and it is essential that this gap is addressed to ensure proper scrutiny and accountability.

Amendment 3 introduces legal definitions of “child” and “carer” for Wales. This is a small but important correction to ensure clarity in the provision and enable Welsh Ministers and the Secretary of State to require local authorities to record whether a child is a young carer on children not in school registers. As we discussed, young carers can shoulder responsibilities that impact their education. Understanding when a child is in that position could enable authorities to provide the right support. This amendment does not alter the policy intent of the Bill; it simply ensures that the Welsh legislative framework is complete and coherent. I trust that the House will agree that correcting this oversight strengthens the Bill and supports young carers.

Amendments 4, 5, 6 and 7 concern academy trust inspections. They make a small drafting adjustment to move the parliamentary procedure for regulations made under new Chapter 2A of the Education and Inspections Act 2006 to Section 182 of that Act, which already governs regulations made under the Act. The previous drafting inserted a bespoke section dealing with procedure for regulations into Chapter 2A, which conflicted with the existing Section 182. These amendments resolve a minor technical issue in the legislation, make no policy change and do not alter the level of parliamentary scrutiny that regulations will be subject to.

[Lord Storey (LD)]

My Lords, we understand and accept these amendments.

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Moved by

[Baroness Smith of Malvern]

2: Clause 39, page 68, line 40, leave out from first “section” to the end and insert “569 of that Act (regulations)—
(a) in subsection (2A), after “section” insert “434B,”;(b) in subsection (2BB), after “section” insert “434B or”.”Member's explanatory statement
This amendment would provide for regulations made by the Welsh Ministers under new section 434B of the Education Act 1996 (inserted by clause 39) to be subject to the Senedd approval procedure.

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Moved by

[Baroness Smith of Malvern]

3: Clause 40, page 72, line 19, leave out from “whether” to the end of line 21 and insert “—
(i) in the case of a child in England, the child is a young carer within the meaning of section 17ZA(3) of the Children Act 1989, as qualified by section 17ZB(3) of that Act, or(ii) in the case of a child in Wales, the child is a carer (within the meaning of “child” and “carer” given by section 3 of the Social Services and Well-being (Wales) Act 2014);”Member's explanatory statement
This amendment would allow information about whether the child is a carer (within the meanings given by section 3 of the Social Services and Well-being (Wales) Act 2014) to be prescribed as information that may be included in the register of children not in school.

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Moved by

[Baroness Smith of Malvern]

4: Clause 59, page 131, line 1, at end insert—
“(A1) The Education and Inspections Act 2006 is amended in accordance with subsections (1) and (1A).”Member's explanatory statement
This amendment and my amendments to clause 59, page 131, line 2, page 137, lines 24 to 34, and page 139, line 20, would move provisions about parliamentary procedure for regulations under Chapter 2A of the Education and Inspections Act 2006 (clause 59) to section 182 of that Act (regulations).

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Moved by

[Baroness Smith of Malvern]

That the Bill do now pass.

[Baroness Smith of Malvern (Lab)]

My Lords, I begin by expressing my gratitude to your Lordships’ House for the careful and constructive scrutiny of the Children’s Wellbeing and Schools Bill. This Bill brings forward once-in-a-generation and much-needed reforms to our children’s social care and education systems, and will deliver tangible changes for young people. It delivers on manifesto commitments, including free breakfast clubs in primary schools and limits on branded uniform items, as well as raising standards in every classroom, ensuring fair access to good local schools and strengthening support for the most vulnerable children.

The opportunity to bring about meaningful, lasting change in the lives of children and families through legislation of this kind is rare and it has been a privilege to take this Bill through. I am grateful to all Members who brought their significant expertise to debates, with contributions drawing on backgrounds in education, children’s social care, health, data and local government, which have enriched our discussions and strengthened the legislation. Over Second Reading, 12 days in Committee and 5 days on Report, many noble Lords have spoken powerfully on behalf of children, as well as parents, carers, teachers and professionals working on the front lines, and that perspective has played a key role in refining the legislation.

I thank all noble Lords with whom I have engaged inside and outside the Chamber. Over the course of the Bill’s passage through this House, the Government had over 60 engagements with Peers and many more with external bodies. Noble Lords, including the Opposition Front Benches, have been exceptionally generous with their time, expertise and scrutiny, and those contributions have been valuable. I express my thanks in particular to my noble friend Lady Blake for taking the Bill through this House alongside me. Her support, expertise and unwavering dedication to children’s social care and education have been evident at every stage. I am thankful also to my noble friends Lady Anderson and Lady Twycross for their support in Committee. I am also grateful to the officials who have supported me throughout its passage, including my private office, the Bill team and the policy, strategy and legal teams. I extend my gratitude to the Whips’ team, parliamentary business and legislation team, and Office of the Parliamentary Counsel. This Bill has been vast in scope and, with 875 amendments debated, logistically complex.

Finally, I thank the clerks, doorkeepers and staff of the House. This Bill has frequently been debated late at night or until the early hours of the morning, and I appreciate their work greatly. I am confident that this legislation will greatly improve the lives of children and young people, and I look forward to further consideration as it moves to the other place. I beg to move.

[Baroness Barran (Con)]

My Lords, I echo the Minister’s words in thanking all Members of the House who have been involved—some more than others—in the passage of this Bill and for the quality of scrutiny it received. I also thank the Ministers, their private offices and the Bill team for their time and engagement over the course of the Bill and the very detailed correspondence they sent us. I thank Beatrice Hughes and Dan Cohen in our research team for their support throughout the course of the Bill, which feels like quite a long time, and of course my noble friend the Earl of Effingham for his invaluable support.

However, if this Bill had been a weather forecast, I think it might have been for the west coast of Scotland in November. It has felt at times quite depressing, with a lot of rain and clouds, and only rare glimpses of sunshine. I say that because I fear that, in Part 1 of the Bill, the Government never really went to the root of the very real problem they were seeking to address. Conversely, in Part 2, we heard again and again the question of what problem the Government were actually trying to solve. The Minister talks about meaningful and lasting change. All of us in your Lordships’ House hope that she right, but I gently suggest that that is much more likely to be the case if the Government accept our amendments when it reaches the other place.

When we think about our debates on this Bill, Part 1, rather than trying fundamentally to address the shortage of foster and kinship carers in this country, focuses on reorganisation and regulation. Also, in Part 2, rather than learning from the successes of our free schools and academies and embedding those in the school system, the Government have sought to centralise and micromanage.

We had some glimpses of sunshine in the Bill. Certainly, working together across all Benches in this House has been an absolute privilege and a pleasure, and has unquestionably improved the Bill. For me, bright spots in Part 1 included tightening the involvement of health as a partner in the commissioning for children in receipt of a deprivation of liberty order, and in the role of the regional commissioning co-operatives. Another bright spot was requiring the Government to have clear evidence of impact before rolling out the multiagency child protection teams nationally.

--- Later in debate ---

[Lord Storey (LD)]

My Lords, I will make a few comments and express my thanks to everybody involved in the Bill, particularly the Minister, who was always fully on her brief, who was prepared to listen—always— and to meet quite regularly, and who was a model as to how Ministers should take the House with them. I particularly thank the noble Baroness, Lady Blake, who would look at you as though she agreed with everything you said, making you feel important. She often did not, but she actually looked at you and her eyes bore down on you.

I also thank all Members who got involved. It is a joy to be involved in a Bill on which we might have differences of opinion, but through which we all want to make a difference, from wherever we come. If I may say so, it is good to work on a school Bill which actually finishes and is not cut short mid-amendment.

Our team was one person, mainly: Ulysse Abbate. Ulysse was recently appointed to our team. He rushed around and was just an absolute joy to work with. In fact, he could have taken my job quite easily: he knew more about it than I did at the end of it.

I thank the Bill team and all those Members who spoke. I particularly thank Minister MacAlister for meeting me on two occasions. I also thank Minister Smith’s staff, who made a wonderful, fantastic team. The Bill will make a difference to the lives of children and parents; there are no two ways about that. I found Part 1 to be an amazing change from where we are.

As for Part 2, some people might argue that we did not go far enough, particularly on academisation. Some might argue that we went too far. Perhaps, therefore, the Government got it absolutely right. Personally, for me, that moment of sunshine—this is like “The Sound of Music”—was actually after 10 years. When this issue was first raised, I was jeered; I was told I was completely mad. It has taken us 10 years to get the issue of home education addressed; to reach an absolute understanding of how important it is to get home educators in the right frame. Their value is enormous.

As an example of the commitment of this House, on the fifth day, I think, we got to 11.30 at night, and normally at 11.30 at night, people’s energy levels sink—but did they? No, everybody suddenly sprang to life and there was renewed energy, and we finished at 1.30 in the morning. So that, again, shows the commitment.

Finally, I thank my colleagues on these Benches who worked with me: the new Lib Dem education spokesperson—my noble friend Lord Mohammed—and my noble friends Lord Addington and Lady Tyler, who made a lot of sacrifices to be here. My noble friend had paid for a very expensive fine arts course, and she gave up a number of sessions so that she could speak, with real vigour and determination, on those issues. Again, I thank everybody who made a real difference to the lives of children and families.

[Baroness Smith of Malvern (Lab)]

My Lords, I always like to bring both the energy and the sunshine, and on that basis, I thank all noble Lords, and I beg to move.

Bill passed and returned to the Commons with Amendments.

Youth Unemployment

Baroness Smith of Malvern Excerpts

Thursday 5th February 2026 Lords Chamber

[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.

[Lord Palmer of Childs Hill (LD)]

My Lords—

--- Later in debate ---

[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—

--- Later in debate ---

[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?

--- Later in debate ---

[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

Tuesday 3rd February 2026 Lords Chamber

[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.

--- Later in debate ---

Moved by

[Baroness Smith of Malvern]

202: Clause 58, page 124, line 14, at end insert—
“(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.

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It leaves one wondering whether the Government, for all their warm words, just have a problem with free schools. The Government’s approach risks putting this kind of innovation and progress at risk in order to address a sufficiency issue which they themselves cannot quantify.

[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.

Amendment 202 agreed.

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Moved by

[Baroness Smith of Malvern]

204: Leave out Clause 62
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.

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[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.