Giving Every Child the Best Start in Life

Lord Addington Excerpts

Monday 7th July 2025 Lords Chamber

[Baroness Smith of Malvern (Lab)]

I am sorry that the noble Lord’s experience was that Sure Start funding was not guaranteed over a long enough period. It certainly was not guaranteed after 2010, was it? That was the problem in the last 14 years.

But to take up the noble Lord’s point about how you ensure that these centres bring together a whole range of services, we are establishing these best start family hubs, building on the lessons of Sure Start. But it will be very important that, in doing that, we bring together parenting, healthcare and education support services to ensure that all babies, children and families have access to both early intervention and the support that they need throughout children’s lives. Alongside that, it will be important to bring together professionals not only from health and education but also working with nurseries, childminders, schools, health services, libraries and local voluntary and community groups and connected to other local services such as relationship support, housing and job support. It is by bringing those services together in an easily accessible way—either in a physical building or through the development of the digital access to best start advice, which we are also working on—that we believe that our expansion could reach an estimated 500,000 children.

[Lord Addington (LD)]

My Lords, I thank the Minister for repeating the Statement. It is good to have the whole thing read out; it gives you some context. As pages 4 and 6 of the Statement mention, we are talking about parents reading to children—and, before that, the Minister spoke about how good an advantage it is if you do all the right things. We then talk about SEN. To go back to nurse, in my case, I am dyslexic, and 70% of the dyslexics in the country are unidentified. It tends to have a downward spiral effect on your income and earnings. What are we doing to make sure that libraries and assistive technology are used to get children used to the idea that books are good things? You cannot rely on all parents doing this. Will we, for instance, make sure that libraries are available and that they have access to the new technology? Before I sit down, I had better remind the House that I am chairman of Microlink PC, which is an assisted tech company.

[Baroness Smith of Malvern (Lab)]

As well as the announcements that we have made around the best start family service—which will, as I suggested, link in to libraries, for example, and other important local facilities—we were able to announce today that 2026 will be a National Year of Reading. There will be a whole range of activities linking with local libraries, led by the National Literacy Trust, to encourage more reading, both at a very early age and with a focus on children who might not otherwise be able to access reading. Alongside what I talked about in terms of the additional support that we are providing to early years workers and training on identifying special educational needs—as well as the stronger practice hubs that help with advice about how to support children perhaps with particular needs and help to develop reading and maths understanding, for example—that begins to be, and is, a strong package to ensure that we are both picking up children with particular needs around reading and promoting a love of reading among all children and their parents.

Children’s Wellbeing and Schools Bill

Lord Addington Excerpts

Thursday 3rd July 2025 Lords Chamber

[Lord Addington (LD)]

My Lords, perhaps I might just interject here. One of the things about home education is that the education of the child should come first. That education should allow them to function independently as an adult afterwards. If we do not lose sight of that, we stand a chance of some common sense emerging on this.

When somebody mentions “special educational needs”, I do not know whether it is me rising like a trout to a fly or running like a bull at a red flag, but I always look at this. The first people I ever experienced dealing with home education were doing so because special educational needs were not being met. The system is probably better than it was when they started, but we still know that there are a great many problems with it. If, for instance, you do not have the right teachers in a school or you cannot find the right school or one that you think has an acceptable plan, home education would certainly become more attractive. But do not forget that you still need a parent who is trained well enough to deliver that education. It is not an easy option. The fact is that some parents might think that they are well enough trained, but they get it wrong.

I do not think that anybody here or who works in education has lacked for people who have a miracle cure—dyslexia is the one I am most familiar with—and say, “I can teach anybody to read by picturing the word and associating it”. This totally misunderstands that short-term memory is one of the primary problems. The last time somebody said that to me, I said, “Inconsequential: give me a mental image for that”. It was about the politest way I could tell them, when expletives came more readily to mind, but schemes like this are going through.

I hope that we can get something here that says that education is the most important factor, because what happens to that child and the rights of the child must come first. If the state can find a way of delivering that, fine, because it has a duty to make sure that, after their education, that person can function as independently as possible, as an adult in the real world. I hope that we never lose sight of that.

[Baroness Fox of Buckley (Non-Afl)]

My Lords, at this stage, at the beginning of the many amendments on home-schooling stretching ahead, I would like to thank the Minister for her opening remarks. They were very helpful and, as a consequence, I will not speak on all the amendments to which I have put my name, even though a lot of scrutiny is required to make sure that we get this right.

Children’s Wellbeing and Schools Bill

Lord Addington Excerpts

Thursday 3rd July 2025 Lords Chamber

[Lord Addington (LD)]

My Lords, very briefly, the noble Baroness, Lady Barran, points out that intervention in schools can be a protection. The Government’s thinking about the future of this and the future interaction would be well worth hearing.

[Baroness Smith of Malvern (Lab)]

In group 4, we have an interesting combination of some amendments suggesting that the Government are going too far in their proposals around the hurdle for having to seek consent to home-educate and others suggesting that they are not going far enough. I will try to find a way through the centre of this, because what they all have in common is seeking to explore the rationale for the local authority to have to provide consent before a parent can withdraw a child from school to home-educate—in this case, where the child is subject to a child protection inquiry

I turn to Amendments 205 and 206. Just to be clear, the Government believe that the consent measure with respect to Section 47 inquiries provides an important but proportionate safety net for children subject to child protection inquiries and plans. To clarify something that the noble Lord, Lord Frost, said and to reiterate this, the consent provisions are not an automatic bar to these parents home-educating. It could well be the case that, notwithstanding the fact that a child was subject to Section 47 inquiries or even under a child protection plan, the local authority felt it was appropriate for, or was willing to give consent for, that child to be home-educated. To reiterate what I said, it is a requirement for the local authority to consider the circumstances of that child, given that they have come under the auspices of children’s social care through Section 47 of the Children Act. Our view is that this should be done as part of its wider decision-making on whether a child needs protection and the planning that follows that.

There is some suggestion, which I really disagree with, that local authorities would find it easy to jump to a Section 47 inquiry simply to prevent a parent being able to home-educate their child. There are a lot of consequences to undertaking a Section 47 inquiry. I would find it hard to understand why a local authority would be so keen to prevent a parent home-educating if there were no reasons to stop them or want to get itself into the burdens around a Section 47 inquiry if it did not think it was important to do that. Of course, it is not just what a local authority believes about the circumstances of a child. For a child to be the subject of a Section 47 inquiry, they will have already hit a threshold of actual or likely significant harm. That is a high threshold. An inquiry should certainly not be initiated purely because a parent has decided to home-educate.

I note the understandable concern of the noble Lord, Lord Lucas, about how this measure could be used in an abusive relationship, where false or malicious allegations regarding the safety of a child, for example, might be made to continue to control or harass an individual. The sad reality, of course, is that it is not only with respect to issues about home education that that might happen. It could happen, and does happen, in many circumstances where local authorities are making decisions about children. For that reason, we are confident that this would not be something unusual or unheard of for local authorities, and that they do have robust policies and processes in place to consider information and evidence about child protection concerns, including recognising and handling malicious allegations. Perhaps the noble Lord could be provided with some more examples of how local authorities would handle this type of circumstance, to provide some reassurance. Given that a child will be the subject of a Section 47 inquiry only where there is actual or likely significant harm, it is reasonable that checks should be undertaken before such a child can be removed from school for home education.

Amendment 207, tabled by the noble Baroness, Lady Barran, focuses on bringing all children receiving support and services under Section 17 of the Children Act, known as “children in need”, and any child who has ever been the subject of a child protection plan in the past into the scope of the consent measure. We share her commitment to ensuring that all children are protected from harm, and recognise that, while home education is not an inherent safeguarding risk, it can of course mean that some children could slip under the radar. However, we believe that this amendment would be disproportionate. “Children in need” is a very broad group of children and many will receive services which are nothing to do with safeguarding concerns or particular educational needs.

I think the noble Baroness was suggesting that there might be ways in which it would be possible to have a definition that looked at different elements of Section 17 concerns, and perhaps I can come back to her on that point. I think one of her reasons for suggesting it is that she understands, of course, that, for example, all children with disabilities are automatically included under Section 17. We certainly would not want to suggest here that any child with disabilities whose parents wanted to home-educate them would necessarily need to seek consent. I also draw her attention to the deliverability of a measure that includes both children in need and children subject to child protection activity in the consent measure.

In the year to the end of March 2024, there were 399,500 children in need, compared with 224,520 child protection inquiries and 49,900 children on child protection plans. As noble Lords can see, it would be both disproportionate and overly burdensome on local authorities to make a consent decision for every parent who wished to withdraw their child from school for home education where that child is receiving help under Section 17: it would be roughly a doubling of the potential number of children who might need it.

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[Lord Watson of Invergowrie (Lab)]

My Lords, I am pleased to speak to Amendment 209 in the name of the noble Lord, Lord Young, to which I have added my name, and I thank him for introducing it so effectively. A young carer is defined as someone who is under the age of 18 and is looking after a family member or close friend. Often being forced to balance school and their social life with caring duties could seem an impossible task, which can take its toll on a young carer’s mental health. That said, on the other side of the coin, with the right level of support, many of the skills that they learn while caring are later transferable to adult life and the world of work.

All too often, however, young carers are invisible. If adults outside their family, particularly teachers and school support staff, are unaware of their caring responsibilities, it is unlikely that the help that they need will reach them, so it is important that we recognise young carers and learn how we can help them, because being a young carer is undoubtedly demanding. They assume adult responsibilities and worries while still a child and have to prepare for and get to school, study for exams and look after themselves.

During the pandemic, the Children’s Society launched the young carers count campaign, which highlighted the experiences of young carers and called for a child’s status as a carer to be included in the school census. The DfE acknowledged the value of that, because in 2022 it began to include young carers as a category in that census. Now that data is being recorded, a much clearer picture of the number of young carers across England and how they are impacted by their caring responsibilities is beginning to emerge. With proper resourcing, this should help significantly to improve the support that they receive.

The Children and Families Act 2014 amended the Children Act to make it easier for young carers to get an assessment of their needs and introduced whole-family approaches to assessment and support. Local authorities must offer an assessment where it “appears”—I am not quite sure what that means—that a child is involved in providing care. That legislation is aligned with similar provision in the Care Act 2014 that requires local authorities to consider the needs of young carers if, during the assessment of an adult with care needs, or of an adult carer, it appears that a child is providing or intends to provide care. In those circumstances, the authority must consider whether the care being provided by the child is excessive or inappropriate and how the child’s caring responsibilities affect their well-being, education and development.

Amendment 209 would add to Clause 30, which, of course, is concerned with children not in school. When a local authority is informed that a request has been made for a child to be removed from school, this amendment would require that a young carer’s needs assessment is undertaken. This would highlight cases where a child was being withdrawn to enable them to offer more support to a family member, likely at the expense of them attending school and thus continuing with their education. Increased caring responsibilities almost always mean that there is neither the time nor the facility for a child either to receive meaningful education from that relative or to self-educate, even where he or she was at least theoretically old enough to do so and the appropriate learning materials were made available. The starting point for any such assessment should always be that children are children first.

The young carer’s needs assessment must determine whether a young carer is giving what I described earlier as “excessive” care. Although a child might be undertaking relatively minor care tasks, the time that these take up and the demands that they make on the child could place significant limits on their life—for example, if the level of care interferes with school attendance or appears to be isolating the child in their home and preventing contact with their friends. For that reason, I hope that my noble friend will agree that a needs assessment is necessary to ensure that local authorities are aware of young carers’ needs and that their needs are being met, while preserving their access to education.

[Lord Addington (LD)]

My Lords, I will be brief. I can see why my noble friend Lord Storey added his name to the amendment tabled by the noble Lord, Lord Young. Any child taking on responsibilities like those described in that amendment is not having a childhood. In reality, they are getting through from day to day—they cannot be doing much more. School may be the only point where they will get some support and some normal life; enabling them to have that may be the only way that they can have a future.

If you spend your entire life looking after somebody else, and they inconveniently live for quite a long time, you could find yourself in middle age without an education or qualifications and having been de-social skilled—I do not know if that is a correct expression. Your life will have been taken over by another function. That should not be put on somebody that young. When she comes to respond, I hope that the Minister will say something positive, because this is something that we should deal with at the first opportunity.

[Baroness Jones of Moulsecoomb (GP)]

My Lords, I rise to speak to my Amendment 224, which I think is less contentious than the last issue that I raised in your Lordships’ House. The amendment is about deregistration from school when it is triggered by crises, or whatever. Taking your child to school is a voluntary arrangement at the point of enrolment, but parents get fined for unauthorised absence, even if they go into the sort of crisis that will eventually lead to them deregistering.

I do not know anything about education, despite being in education until I was 18, and then at university, but I have vested interest because three of my grandchildren were home-schooled. Two of them are now at Cambridge—one is doing history and the other politics—and the other one has made a comedy film about autism, which is a condition she has, and that is doing incredibly well. Those three children have been home-schooled and have reached a level that many children do not get to regardless, so I would argue that home-schooling can work extremely well. It is important to remember that, for some children, it is the answer. We want to avoid government overreach in these situations.

It seems obvious to me that, where a parent clearly no longer consents to the education arrangement with the school, it makes sense that they do not get fined. The fines do not get the children back to school, but they do add financial worries to the sense of stress. I understand why the Government reach for deterrence in order to give children the best education that they can, but sometimes school is not the right answer and I ask the Minister to consider whether financial penalties are useful in all these situations.

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I could go on. This is not a legal question but a moral one. If we legislate so that protective acts by parents are treated with automatic suspicion, while bureaucratic triggers are treated as irrefutable, we risk criminalising care and entrenching harm. Thousands of families, particularly those with disabled children or facing poverty or domestic violence, are depending on us to get this balance right. This amendment gives them the fair process that they deserve. It places the burden back where it belongs—on the state to justify overriding parents, not on parents to justify acting in their child’s best interests.

[Lord Addington (LD)]

My Lords, the idea that the best interests of the child would be judged by the state is one that is reasonable under certain circumstances. It comes back to a point made by the noble Lord, Lord Lucas. Does it have enough resources to do this? Does it have the structure? If the Minister could tell us, now or in a letter, what criteria, what resources, will be put forward, everybody would be a little bit more comfortable with what is happening here. But I am afraid that the fact of the matter on special educational needs is that it is the parent who often struggles to get the help they need. We all know why—we have all been through the system and we understand it—I just want to know the process by which we get there. If we get one that sounds reasonable, I am happier.

[Baroness Barran (Con)]

My Lords, my noble friends and the noble Lord, Lord Crisp, have made a powerful case for the point of principle that underpins this group of amendments. I confess to agreeing with them only in part. The point of the noble Lord, Lord Crisp, that there may be a muddle in the drafting, may be a fair one because of the discussion we had earlier on my Amendment 204 about the automatic inclusion of children in special schools within the framework of local authority consent. So I am sympathetic to the points my noble friends and the noble Lord, Lord Crisp, make on children in special schools and the idea that the state knows what is best for them.

Where I am not sympathetic—I respect their opinion and I think they have a point—it is because, on balance, when a child is subject to a child protection plan or a child protection investigation, we have already established that it is either confirmed that the child is at risk of significant harm or there are serious concerns that the child could be at risk of serious harm. Whether the “best interest” is the best way of framing it, I do not know, but I think that at that point and for that group of children—

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[Lord Hacking (Lab)]

My Lords, I think I have to correct myself, because I have said, on behalf of home-schooling mothers, that we favour the registry. I said that two years ago and during the Schools Bill of 2022. I did not comprehend that these amendments by the noble Lord, Lord Wei, are anti-register. I therefore cannot remain loyal to what I have just said in support of them, because I think the register is important, but Amendment 423 still stands good and I continue to support it.

[Lord Addington (LD)]

My Lords, very briefly, I find myself roughly in agreement with the noble Baroness, Lady Barran, on this one: a register should be there.

[Lord Wei (Con)]

My Lords, I want to clarify that, while I personally oppose the register totally, if there must be a register, I am proposing practical amendments. I believe the numbers shared earlier today were that the Government are going to have to get local authority officials to deal with more than 100,000 home-educating families. If they all have to be registered and a portion of them lead to various determinations and investigations, this will create a massive workload for already stretched local authority officers, who we know are struggling to catch the children we want to protect. My point in tabling these amendments is to create exemptions.

Independent Schools: Tax Changes

Lord Addington Excerpts

Wednesday 25th June 2025 Lords Chamber

[Baroness Smith of Malvern (Lab)]

Of course, it is a good thing if private schools ensure that their facilities are on some occasions open to other people, not least because quite often—and certainly in the case of the town I live in—they occupy an enormously large part of the town. For schools with charitable status, it is in line with that that they demonstrate public benefit to retain it, and engaging in partnership activities with state-funded schools is one way in which they can do that. I hope that will continue for private schools.

[Lord Addington (LD)]

My Lords, if we look at certain specialist sectors—that is, those which provide support for those with special educational needs—where the private sector has picked up a lot of the slack, and indeed the Government have paid for those places, are we finding out that people are now going and taking up the education, health and care plans, because you have to have money and understanding to get them quickly, as opposed to paying the fees directly themselves?

[Baroness Smith of Malvern (Lab)]

Where a pupil is eligible to have an education, health and care plan and that has allocated them a place in a private school, of course the impact of VAT on those schools will not be felt by those particular students. I think the noble Lord is also making a wider point about the need to ensure that we reform the special educational needs and disabilities system, which has forced too many parents to try to seek support elsewhere when that high-quality education and support for their children should have been available in our state schools. That is what the Government are determined to deliver.

Music and Dance Scheme

Lord Addington Excerpts

Tuesday 24th June 2025 Lords Chamber

[Baroness Smith of Malvern (Lab)]

I hope the noble Lord recognises that I recognise the contribution the MDS makes, and particularly the way it enables children who otherwise would not be able to afford this type of education to afford it. As I pointed out, it is longstanding and the Government have made a commitment to it this year, including to the bursaries that are necessary for those young people to benefit from it. We will make further announcements about this in the future. Sadly, given the way that funding decisions and budget planning go, it is not that unusual for there not to be a longer-term commitment to something. But, so far, the Government’s commitment to this has been right and appropriate, given the contribution that it makes.

[Lord Addington (LD)]

My Lords, will the Government take the opportunity to let us know whether they will at least upgrade the grants they are talking about in future? If you leave them stationary, they will very rapidly become token gestures. Can the Government represent their long-term planning by saying they will upgrade the support they are giving to people on this particular scheme?

[Baroness Smith of Malvern (Lab)]

The Government have maintained a commitment to providing generous support to help students to access the specialist music and dance education and training that this scheme funds, committing £36 million for this academic year. That means that all families below average relevant income of £45,000 per annum will continue to benefit from additional financial support in the next academic year. The Government were able to upgrade the contribution made through the music and dance scheme bursary, for example to ensure that all families were unaffected financially by the VAT change in January 2025. I think the noble Lord is trying a different way to get me to commit future funding to this scheme, at a point at which, as I have already identified, it is not possible for me to do so.

Young People: Sporting Activities

Lord Addington Excerpts

Tuesday 24th June 2025 Lords Chamber

[Baroness Smith of Malvern (Lab)]

Of course it is important that there is a fully funded and costed programme, but when we talk about the facilities that are so important for enabling young people—in fact, all people—to engage in sport, I point the noble Lord to the increased capital investment in schools announced as part of the spending review, part of which can be used for maintaining their facilities, and DCMS’s announcement of an additional £400 million for community sports facilities. It is also important that where we have strong local clubs and national governing bodies—which are, to give them their due, providing lots of opportunities for young people—we also need something to bring those things together to ensure that, however much investment we make in the system, we maximise it for children to be able to benefit. That is the intention of the new partnership.

[Lord Addington (LD)]

My Lords, when, a good few years ago now, all three major parties looked at sports policy, we all said that there should be a link with clubs. We also all said that there had to be a mix of options available to make sure people find something they will enjoy or stand a chance at. Will the Government commit that they will not create unique monocultures for sport but that people will have options? Some people will be hockey players, some people rugby players, many people will be soccer players, netball players, et cetera. Making sure that everybody has an option is very important, otherwise this will merely repeat some of the failures of the past.

[Baroness Smith of Malvern (Lab)]

The noble Lord makes an important point: activity is important, but not every young person will want to do the same sport. Although, as we can see with the Lionesses, football has arguably become much more popular for girls, the focus has quite often been on traditional sports. This has meant that girls, for example, have not necessarily found the things that they would like to do to keep active. I can absolutely commit that it will be part of the Government’s intention, both through this partnership and more broadly, to ensure that there is a range of opportunities to enable everybody to find sport and activity that they enjoy, and to keep healthy.

Children’s Wellbeing and Schools Bill

Lord Addington Excerpts

Monday 23rd June 2025 Lords Chamber

To me, it seems like an inevitability that our Government will one day introduce such a restriction, and I would lay good money that it will be before the end of this Parliament. I urge the Minister to get on the right side of history, put something on the table that can take this idea forward and put Britain’s children first, while maintaining our position as a global technology leader.

[Lord Addington (LD)]

My Lords, there seem to be two issues here. One is social media and the other is the smartphone, and the two of them are accessed via each other. However, we should remember what a smartphone is: it is a platform for using technology.

The reason I raise this is that—and this is in my declaration of interests—I am someone who believes in and uses assistive technology, and one of the easiest ways to get that is, increasingly, through your smartphone. As a dyslexic, I access literature, often with complicated local accents in it, via technology. Initially, it was an abridged book on tape. You can use it that way, so there is potential here. The noble Baroness, Lady Morris, talked about caveats, but there is the potential to benefit people, including in the education environment.

It is one of the oddities that we refer to our phone as something which is a tool. It is a tool for much of the deaf community because they text. Texting is easy when somebody has not been in an environment where they have been taught to write properly, because that is what happens in the deaf community. They become addicted to text speak. Let us be a little more selective about this.

I salute the noble Lord, Lord Nash, for starting this debate and starting it so well. But remember, do not throw out the baby with the bathwater. Make sure this is something you can use as a platform. There will be other ways, and there may be ways around this, but I just say that everything has a price, and this is one. Please remember it. You might be excluding groups that we will be talking about in this Bill and future ones, who use it as something to support learning. I felt I had to say that to throw it into the argument, because it is an important thing to bear in mind.

[Baroness Spielman (Con)]

My Lords, I support the noble Lord, Lord Nash, and the noble Baroness, Lady Penn, in the amendments they have proposed. I also agree very much with the comments made by others, such as the noble Baroness, Lady Morris of Yardley, who made some important points, especially about the risk of overloading schools. My noble friend Lady Shephard made some very important points about safeguarding. When, as chief inspector, I reported on sexual harassment and abuse in schools, it was notable how much of that we found to be linked to smartphone use.

I would like to clear up a bit of confusion, because I think we are not properly distinguishing between personal and school-controlled devices. I think the noble Lord, Lord Addington, was heading in this direction a moment ago in his remarks. Every school has many school-controlled devices—computers and sometimes tablets—and it is much easier to maintain the framework of safeguards around devices that are owned and controlled by schools than it is around personal devices.

These devices are suitable for teaching media literacy and many other things or in teaching children how to use technology. They can also very effectively provide technology. The dividing line here is between devices schools are able to control fairly fully and devices that essentially remain children’s property and in the children’s control, and where there will never be the level of supervision needed to make them safe—at least not in the foreseeable future.

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[Lord Addington (LD)]

There is a great way of discovering that you have no dyscalculia or dyslexia—Japan did it. They just did not recognise the words.

[Baroness Bull (CB)]

The noble Lord returns to a theme he has raised before.

To conclude, children have 13 precious years to gain the knowledge and the skills that will set them up for their adult lives. All children need to be ready to take advantage of that from day 1, including children who learn differently and therefore need different support from the very beginning.

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Moved by

[Lord Addington]

183CD: After Clause 26, insert the following new Clause—
“Early intervention and screening at first contact with the justice system(1) Within two years of the day on which this Act is passed, the Secretary of State must publish a strategy to protect and promote the wellbeing of children in police custody.(2) The strategy must set out—(a) steps which should be taken to ensure that all children taken into police custody are screened for SEND and neurodivergence using a nationally approved methodology,(b) the accredited training police officers and legal representatives of the children must complete to support the child’s wellbeing and to aid recognition of SEND and neurodivergence,(c) mandatory access to sources of wellbeing support during any police interview, and(d) minimum standards for the treatment and conditions of children detained in police custody.”

[Lord Addington (LD)]

My Lords, on the spur of the moment, having read through the amendment, I have decided that I would like to hear the Minister’s answer.

[Baroness Spielman (Con)]

I was hoping to speak to this amendment.

[Lord Addington (LD)]

I have to move it otherwise you cannot speak to it.

The linkage between the criminal justice system and those in it and special educational needs, neuro-divergence and many disabilities is something that a lot of us have known about for a long time. This amendment suggests that we get early recognition and assessment of such conditions upon first contact with the justice system. There are lots of schemes that suggest this will help. Indeed, the Metropolitan Police and Merseyside Police have autism awareness badges that provide information so that the police can interact properly with people. It is becoming more and more apparent that, if you have problems with written work or communications, you are going to struggle with the criminal justice system. It is blindingly obvious when you give it a little thought.

We also know that, for people from certain economic backgrounds who might struggle with the education system, criminal activity becomes, to put it bluntly, more of an acceptable career path. I want nothing more, nothing less than to see that the Government are thinking about this and the approach to it. I look forward to hearing what the Minister says.

[Baroness Spielman (Con)]

My Lords, I want to express some concerns about Amendment 183CD. Its intentions are clearly excellent, but there are nevertheless some real concerns to take note of here.

Diagnoses of special educational needs are made by educational psychologists and experienced clinicians. To ensure there is consistency in diagnosis and treatment, it is important that that continues to be the case. By contrast, “neurodivergence” is a term with no clinical definition or standard. In a world where stigma about mental health conditions has been reduced, or in some cases even reversed, it is, as we all know, increasingly common for teenagers and adults alike to assert their neurodivergence. Sometimes, that leads, in essence, to a claim, by or on behalf of the individual, that they should be able to self-identify into additional services or special treatment.

In the case of the criminal justice system, the hazards of that are obvious, and, if children, parents or their lawyers see an opportunity, they will have a strong incentive to take it, irrespective of whether they have a true diagnosis that warrants that treatment. So, although it is of course sensible for police to obtain information about a child’s diagnosed health or educational conditions that are relevant to their detention and treatment, and so to make proper inquiries, that is one thing, but to set up a parallel diagnostic system leaning on a concept that does not have a clinical definition is another, and is clearly wasteful and risky. Those concerns should affect any consideration that is given to this amendment.

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[Lord Addington (LD)]

My Lords, I thank the Minister for her reply. I agree that neurodivergence does not really have a case in law; as it is not my amendment, I can be as rude as I like about the drafting. I wanted to get the idea across of a divergence of approach across the police forces in the United Kingdom, as well as divergence between how seriously you take various conditions.

The police will be very aware of how you deal with somebody who has bad literacy, as virtually all the prison population—something like 70% or 80%—has bad literacy. With other conditions, such as autism, there is great concern; people with autism are greatly overrepresented in prisons as well. Perhaps you do not react to social signals, or you do not understand what is going on, or you are easily led. I have heard all these things said about people on the autism spectrum.

What I wanted to get over to the Minister, and I think I did, was the picture of a diverse situation. There are screening tools available suggesting how you should conduct an interview; how you go about that is important. The police have got this horribly wrong in cases in the past, which has meant wasting huge amounts of time and money and caused a lot of distress.

I thank the Minister for her answer. I will go away and consider whether I think it needs to be brought back; rather, I will consult the noble Lord, Lord Carlile, and do that. This is a real problem. That is why I took the Committee’s time to move the amendment but, having heard the Minister’s answer, I beg leave to withdraw.

Amendment 183CD withdrawn.

Children’s Wellbeing and Schools Bill

Lord Addington Excerpts

Thursday 19th June 2025 Lords Chamber

I raise these points because of the concerns I raised in earlier groups about the capacity and skills within the department to deliver the work included in Clauses 14 and 15 in particular. It is not a promising start to equip the Minister with facts that look to be partial and out of date.

[Lord Addington (LD)]

My Lords, the noble Baroness’s speech makes me think that looking at what “excessive profit” means, or at least what the Government think about it, would not be a bad idea, because we are agreed that these services are often gone to because the state cannot or will not provide them. What we consider to be reasonable to pay for them is something the whole Committee should be concerned about. I am sure—or at least I hope—that the Government have given this some deep thought, and finding out in a little more detail what that will be will help consideration on this and forthcoming business. I look forward to the Minister’s reply.

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

My Lords, as I said in Committee on Tuesday, in 2022 the Competition and Markets Authority found the children’s social care placement market to be dysfunctional. It found that the largest private providers were making profit margins significantly above what would be expected in a well-functioning market. Most significantly, notwithstanding the profit levels that are being made, we know that there are still insufficient high-quality placements for children who desperately need them. To that extent, the profit levels being made are not, as the noble Baroness, Lady Barran, suggested, driving the sort of supply that we want to see.

The amendments in this group cover Clauses 15, 16 and 17, which implement important legislative elements of our children’s social care placement market reforms: the new profit-capping powers and their associated financial penalties. Introducing profit-capping powers will ensure that we have further powers to curb profiteering if the wider package of measures that I outlined on Tuesday, which we expect to rein in excessive profit-making, do not have their intended effect. This is a power to have in place if other elements of the programme do not work.

I turn to the points raised by the noble Baroness, Lady Barran, on whether Clause 15 should stand part of the Bill. Having outlined the broad intention of the profit cap, I want to be clear that, although some private providers are clearly doing brilliant work, we want to ensure that all providers deliver high-quality placements at sustainable cost. As I say, we know that this is not always happening.

The Competition and Markets Authority found the market to be dysfunctional and estimated that the largest private children’s social care placement providers were making profit margins of between 19% and 36%—well above what would be expected in a well-functioning market. As I have said previously, excess profits have not led to sufficient supply in this market. Furthermore, making these levels of profit from providing placements for some of our most vulnerable children is unacceptable and must end.

This clause provides important backstop powers to ensure that the Government can take action, if needed, to end profiteering. It also sends a clear signal to providers that the Government will not hesitate to take regulatory action to restrict this unacceptable behaviour if profit-making is not reined in. It is not the Government’s intention to extend these powers to any other sectors at this point, although I can confirm that the provisions would cover supported accommodation, along with the other elements noble Lords have already outlined.

To be frank, I hope that it does not become necessary to use these powers. I hope that people see the writing on the wall that there is an impact from the other elements of the Government’s plans, and that we see profits delivered at a more reasonable level and, more importantly, placement sufficiency improving. However, if it became necessary to use these powers, the clause already includes important safeguards through restrictions on the powers to ensure that they are used appropriately. Of course, if they were to be used, the point at which that was determined would be dependent on market conditions and profit levels at that particular point.

Regulations may be made only if the Secretary of State is satisfied that they are necessary on value-for-money grounds. The Secretary of State must also have regard to the welfare of looked-after children and the interests of local authorities and providers, including the opportunity to make a profit. Crucially, this clause also requires the Secretary of State to consult before making regulations. This will be particularly important to ensure that all interests are considered in determining issues, such as how a cap would be calculated and the level at which it would be set. That would be the point at which the particular nature of profit levels—which the noble Baroness, Lady Barran, asked about—would be considered in detail. In addition, Clause 15 also provides for regulations to be made that set out important details about the administration of any future profit cap by providing for annual returns from registered providers and the ability to request supplementary information. I hope that noble Lords can see from the discussions we have had on this Bill—notwithstanding other areas—just how important these powers are to ensuring that the Government can take proportionate action, if needed, to restrict profit-making in the market.

Amendments 504A and 505A in the name of the noble Baroness, Lady Barran, seek to require the Secretary of State to publish a report that would clarify the supply and capacity of independent children’s homes and independent fostering agencies, and the expected impact of the profit cap on the number of available placements, before Clause 15 is commenced. To reiterate, if the profit cap was to be commenced, this would be at a later stage, at which there may well be a different set of market conditions. We intend to use the powers in Clause 15 only if profiteering is not brought under control through the wider package of measures that we have set out.

The consultation requirement in this clause is particularly important because it will outline the details of the proposed cap itself and require the Government to respond and publish that response. This will set out our rationale, including on the matters in the noble Baroness’s amendment, if we judge that a cap is needed. In addition, the Explanatory Memorandum to the regulations will set out the policy rationale. In effect, that already fulfils the aim of these amendments to require a report to be published. In response to the noble Baroness’s question, the regulations will, of course, be made by virtue of the affirmative resolution procedure, so there will be the opportunity to cover these matters in debate and address their potential impact. I hope that reassures the noble Baroness that a report on the impact and design of the profit cap would be necessary before it could be implemented.

I turn to Amendment 142A in the name of the noble Baroness, Lady Barran, which seeks to limit the ability of the Secretary of State to impose financial penalties. I understand her specific questions. We expect the vast majority of any penalties issued to fall on corporate structures of one form or another. First, however, as we said on Tuesday, an individual might run a provider within scope—for example, a children’s home—as a sole trader. It would seem strange and surprising if that sole trader were making profits that would be likely to breach a cap, but it would be a bit bizarre if that were way to avoid a profit cap, were it to be necessary to introduce one.

Secondly, even within a corporate structure, there might be an individual who is personally culpable for a breach under the requirements of Clauses 14 and 15. The ability to issue a financial penalty in those circumstances might act as a strong deterrent—the finance director, for example. Of course, the Government do not intend to issue financial penalties that would be disproportionate or unfair on an individual. Indeed, Clause 17 sets out a number of factors that must be considered in determining the amount of a penalty. These include the impact of that penalty on the person in question, the nature and seriousness of the offence, and any past breaches and mitigating or aggravating factors.

Finally, I turn to Amendments 142B and 142C, which seek to restrict the financial penalty that may be imposed for breaches. While the Bill does not limit the financial penalty that can be issued for a breach of the requirements, I hope I have reassured noble Lords that, importantly, we will set the maximum amount in regulations, after we have engaged in full consultation with interested parties to determine the most appropriate maximum for any financial penalties. That will allow us to adjust the maximum amount over time, as necessary, and regulations made will be subject to the affirmative procedure. That will afford Parliament the opportunity to debate and scrutinise the Government’s proposals, and the Government to provide timely answers at that point to issues such as profit levels and operating arrangements, which the noble Baroness identified. Of course, even if a maximum amount is set, that does not necessarily mean that a provider would automatically be fined the maximum amount. As set out in Clause 17, there will be discretion when determining an appropriate amount for any financial penalty.

I hope that that provides more clarification of some of the meanings in this clause, that it responds appropriately to the amendments the noble Baroness has tabled, and that she feels able to withdraw her amendment.

--- Later in debate ---

[The Earl of Effingham (Con)]

My Lords, I thank all noble Lords for their valuable contributions thus far. Amendment 146B in the name of the right reverend Prelate the Bishop of Manchester seeks to strengthen the duty on the local authority to ensure that it has due regard to that very duty to either remove or minimise the disadvantages faced by looked-after children. In applying this language, the local authority has a stronger legal duty to support the looked-after children in its area. I thank the right reverend Prelate the Bishop of Lincoln for putting the case so well.

Amendment 147A, also in the name of the right reverend Prelate the Bishop of Manchester, builds on the previous amendment in the right reverend Prelate’s name, and would require local authorities not only to be aware of the disadvantages that looked-after children in their area face but also to take steps to avoid and reduce these disadvantages. It is vitally important that local authorities fully support the looked-after children in their area and that they take all the steps and precautions possible to prevent looked-after children from being harmed in any way by the policies they introduce. These amendments seem entirely sensible, and we thank the right reverend Prelate for bringing these issues to the Committee.

Amendment 151 in the name of the noble Baroness, Lady Stedman-Scott, which I have signed, seeks to add Jobcentre Plus to the list of relevant authorities in Schedule 1. This amendment seeks to ensure that the future career opportunities of looked-after children are considered as a priority, which is most appropriate. There are an alarming number of young people who are not in education, employment or training, and this amendment seeks to quite rightly place importance on finding young people who were previously looked-after children appropriate career development opportunities.

I hope all noble Lords would agree that giving disadvantaged young people the best career advice possible and helping them on that route-to-employment journey is absolutely essential. Whether it be assisting with writing CVs and cover letters, preparing for interviews, gaining work experience and job trialling, providing guidance and support for individuals looking to start their own businesses or providing detailed knowledge of the local labour markets to help employers find the right candidates, these are essential foundation stones to help our young workforce.

Our Amendment 152A addresses the concerns raised by the Delegated Powers and Regulatory Reform Committee of your Lordships’ House, which included the noble Baronesses, Lady Chakrabarti, Lady Finlay and Lady Ramsey, regarding Clause 24:

“we recommend that the guidance is made subject to parliamentary scrutiny, with the draft negative procedure offering an appropriate level of scrutiny”.

His Majesty’s Government’s Amendments 148 to 150 in the name of the noble Baroness, Lady Smith of Malvern, are technical amendments and seek only to clarify the reference to integrated care boards and NHS foundation trusts, and His Majesty’s Official Opposition will not seek to oppose them.

We look forward to hearing the Minister’s response on these important amendments and trust that His Majesty’s Government will see fit to acknowledge and incorporate into the Bill these positive amendments.

[Lord Addington (LD)]

My Lords, these amendments go to one of the most important points about just how important the parent is in a child’s upbringing. Many years ago I came across a piece of black humour that never seems to stop giving: the first thing that a disabled child, or a child with special educational needs, must do to be a success is to choose their parents correctly. Without that back-up, you are asking a lot of any system. Making sure that all the systems take that seriously is key.

The situation has got better and there has been progress, but we are not there yet. The statistics—which we all have in front of us and have all talked about—prove that. Still, people who lack that strong body of support tend to fail, and often quite dramatically. Success—even moderate success—within that group is celebrated, so it is important that we go forward with this work.

The noble Baroness, Lady Stedman-Scott—who is my friend—and the noble Earl, Lord Effingham, were right to table an amendment saying that jobcentres should be brought into this. That would expand the web of support and make sure it goes wide and goes through. If people do not have the central drive, we will need a wider net to pick them up when they slip. I hope that the Government will give us some positive response to this approach, because it is needed. They have gone far; go a little further.

[Baroness Stedman-Scott (Con)]

My Lords, I will speak to my Amendment 151. My friend—the noble Lord, Lord Addington—has done my job for me, but I will not be done out of my few moments to speak.

I am absolutely thrilled that the Bill seeks to strengthen the support provided to looked-after children and care leavers. I seek to add Jobcentre Plus to the list of organisations classified as a relevant authority. Currently, the authorities listed—I will not name every single one—include central government, education, health and youth justice. On a previous amendment I gave something of a statistic sandwich, but let me remind noble Lords of those figures. As at May 2025, there were 923,000 NEETs, and 41% of care leavers aged 19 to 21 were deemed to be NEET. Some 66% of young people in Feltham young offender institution, and 25% of the adult prison population, have been in care. That is frightening.

Ultimately, the Bill seeks to improve outcomes for looked-after children and care leavers, but the one organisation that is missing is Jobcentre Plus. I have known that organisation for—I do not want to give away my age—35 to 40 years. I know people who have worked there for 25 years; they ring me and tell me about all the things they are doing or are struggling with. Jobcentre Plus has an excellent network of staff and of third-sector and other organisations that, collectively, can wrap these people up in their arms and make sure that we improve outcomes for young people. The rationale for its existence is sustainable employment—which is critical to care leavers and looked-after children—and jobcentres are already delivering services aligned with the Bill’s aspiration.

Recently I went to visit the Margate task force. It is in a room not much smaller than this wonderful Chamber, but it has Jobcentre Plus, the police, immigration and social services in there—you name it, it is there. The youngsters and the people at most risk of getting themselves into trouble are known to them all, and when there is a problem they can sort it. I cannot speak highly enough of the potential for them to be added to this list.

Formal inclusion of jobcentres would ensure accountability and consistency in the quest. Their role has the potential to improve outcomes for all young people, particularly those who are in care and looked after, and help them make a good transition to the world of work, giving them the best start in life. I spent yesterday talking to another organisation about how, if we started this thing in schools, if we got hold of them and started early, we could prevent a lot of this happening—but you have heard all that from me before, so I will not go on again.

I urge the Minister to include jobcentres and their network of excellent delivery partners in the list of relevant authorities. I look forward to her reply and live in hope that she will do this or, if not, help us understand why.

--- Later in debate ---

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

My Lords, I thank noble Lords for the very compassionate comments that ran through their suggestions.

By way of background, the new corporate parenting measures in the Bill will, for the first time, impose a duty on a number of public bodies to be alert to matters that affect the well-being of looked-after children and care leavers. This means that every Secretary of State, the Lord Chancellor, schools, colleges, NHS England, integrated care boards, NHS trusts and foundation trusts, Ofsted, the Care Quality Commission and the Youth Justice Board will be named as corporate parents and therefore will be required to take the needs and circumstances of looked-after children and care leavers into account when designing policies and delivering services that affect them.

There were powerful comments from all sides, which I hope to address in some more detail. But I start by emphasising that I believe all of us in the public sector or in a position to drive change have a responsibility and, indeed, a moral obligation to do this, levelling the playing field for looked-after children and care leavers, who, as we have heard, are among the most vulnerable groups in our society, have suffered the worst outcomes across a range of measures and deserve this attention to detail, care and understanding, which, quite frankly, is not presently evident in all areas.

We have had lots of figures, but I will add some more: some 26% of the homeless population are care experienced, around one-quarter of the adult prison population have been in care as a child and—as we have heard, but this is a slightly different take on it—care leavers aged 19 to 21 are more than three times more likely than their peers to be not in education, employment or training. The right reverend Prelate the Bishop of Lincoln referenced Terry Galloway, and it was my privilege to come into contact with Terry through my previous role before I came into this House. I do not think I have ever met anyone who is quite so determined, persistent and absolutely dedicated on behalf of other young people across the whole of the country, so I pay tribute to him from us all.

Government Amendments 148 to 150 in the name of my noble friend Lady Smith are minor and technical amendments simply to improve the drafting of the list of corporate parents in Schedule 1. Amendments 148 and 149 add clarity to the definition of integrated care boards and NHS foundation trusts. Amendment 150 clarifies that the reference to NHS trusts in the list of corporate parents applies only to NHS trusts in England.

Clause 21 sets out the responsibilities to be introduced for corporate parents, and the duty aims to drive a widespread culture change across the public sector, which will involve adapting services; increasing awareness of matters that adversely affect looked-after children and care leavers; importantly, tackling stigma and discrimination; and improving all aspects of their lives.

Clause 23 introduces a duty for new corporate parents and local authorities in England to work collaboratively when performing their respective corporate parenting duties. This would prevent silo working—we are all well aware of how damaging people working in their narrow fields can be, particularly in this very important area—and highlight where duplication of effort sometimes gets in the way and how we can make sure that the conversations happen between all relevant people, to help deliver targeted and timely support. Running through all this is a constant reminder of the importance of listening to young people themselves and making sure that their influence is heard and acted upon. We have experience at local authority level of making departments work with responsibility, picking up the corporate parenting responsibilities. That experience will help inform the work of the national institutions to show that it is not only the right thing to do but is empowering in its own right and changes behaviours in a very constructive and positive way.

I turn to Amendment 151, tabled by the noble Baroness, Lady Stedman-Scott—I want to continue to bring noble Lords together in their mutual admiration, and I would hate to get in the way of this. The amendment seeks to add Jobcentre Plus to the list of relevant authorities to which the corporate parenting duty applies. Of course, I recognise the passion for this area of work and, importantly, for the personnel who deliver the services. We know that the statistics are far from where they need to be, which is why this Government are absolutely determined to work in this space to make sure that the opportunities we create are available for all. That has to be a basic understanding. While agreeing with the noble Baroness that Jobcentre Plus plays the crucial role in supporting care leavers in making that difficult transition to parenthood, whether through training or a whole range of different skills, I am pleased to be able to reassure her that her amendment is not necessary, as Jobcentre Plus is part of the Department for Work and Pensions and therefore is already in scope of the measures by virtue of the inclusion of the Secretary of State for Work and Pensions. We have several other examples of good practice in this space—

[Lord Addington (LD)]

My Lords, having an overall duty and having an access point to make sure that it happens are very often different—I mean, it just happens in government. If the Minister could write to us, telling us how the Government propose to implement that, it would remove certain anxieties on this.

[Baroness Blake of Leeds (Lab)]

I will consider whether that is necessary when I get to the end of my speaking notes.

To continue, the corporate parenting responsibilities will also apply to bodies that exercise functions on behalf of the Secretary of State, such as the Prison and Probation Service. Of course, there should be real overlap between the different services in this regard. This will be explained in statutory guidance. So that it can be rolled out properly, it is absolutely crucial that, as it is written, the statutory guidance is co-produced and everyone has an opportunity to put money in.

--- Later in debate ---

[Baroness Lister of Burtersett (Lab)]

My Lords, I will speak to Amendment 187 in my name, and I am supportive of others in this group, particularly those in the names of my noble friend Lord Watson of Invergowrie and the noble Lord, Lord Holmes. This amendment would require the Secretary of State to promote and support a mixed model of breakfast provision, already mentioned by my noble friend, which would better meet the Government’s objectives, in the view of Magic Breakfast, which has years of experience of school breakfast provision, and to which I am grateful for its support.

I have long been a supporter of free school breakfasts, particularly for children living in poverty, for whom the provision of breakfast can make so much difference to their well-being and their ability to benefit from their schooling. I was therefore delighted that the Government had included them for primary school children in the bill. However, I am persuaded by Magic Breakfast’s argument in favour of a more flexible approach that would embrace other forms of provision as well as breakfast clubs—“breakfast clubs plus”, if you like. The Explanatory Notes to the Bill state that the duty it places on schools is a minimum. The official guidance for the early adopter scheme makes it clear that schools are encouraged to go beyond the minimum standards. This amendment would signal that more clearly and would support schools in going beyond the minimum.

Magic Breakfast very much supports the breakfast club model as a minimum standard, but suggests that, because its inflexibility means that it can limit access to food in ways we already heard about, it is not the best model on its own for tackling hunger and child poverty, which I know the Secretary of State cares passionately about. The two other models that could play a valuable role are classroom-based and nurture-group provision. Classroom provision is delivered within the main learning environment, either straight before the start of the school day or as part of a soft start to the day. The latter can support the development of soft skills and ensure that all pupils are adequately fed and ready to start learning.

Nurture groups are commonly used in both mainstream and specialist settings to provide a small-group environment, particularly for pupils with social, emotional or behavioural difficulties. Many Magic Breakfast partner schools deliver such provision in a variety of ways, enabling them to take a more person-centred approach to the needs of pupils. The amendment will support both these models but would leave it open to the Secretary of State to promote other models that go beyond the delivery of food.

Magic Breakfast sums up the amendment as encouraging a “place-based approach” to breakfast policy-making. It believes that such an approach has been a key driver behind the scale of take-up of breakfasts in its partner schools. On average, this is 375% higher than among non-Magic Breakfast schools. It suggests that the reason is that alternative models do not require access to childcare or necessarily being at school early. Not every pupil at risk of hunger is able to access before-school provision due to factors beyond their, and often their parents’, control.

This is particularly true of those with SEND, an issue that was raised a number of times in the Commons and by my noble friend Lord Watson. A mixed model is better able to respond to difficulties that SEND pupils might have with transport, specialist medication and eating needs and large-group provision. It can offer the kind of pupil-centred provision that is needed. It is no accident that only 16% of special schools partnered with Magic Breakfast operate a breakfast club-only model. I am sure many noble Lords have received the open letter signed by leading charities on this matter.

According to Magic Breakfast, the breakfast club model is particularly expensive. In 2021, analysis by the Education Endowment Foundation found mixed models make more efficient use of staffing and that, on average, a mixed model approach was up to 75% cheaper than a pure breakfast club model. I would have thought that that would be music to the ears of the Government.

In conclusion, the Government’s laudable objectives with regard to education, hunger and child poverty would be better met by adopting the mixed-model approach put forward in this amendment. If my noble friend the Minister does not feel able to accept this, or an alternative, amendment, I would urge her in her response to first explicitly recognise the case for schools delivering school breakfast in a way that has regard for the varied needs of their pupils and that is focused on alleviating hunger and, secondly, to commit to encouraging mixed models of provision in national guidance.

[Lord Addington (LD)]

My Lords, I would like to say a few words about my amendment, which is about a slightly different area but attached to the same part of the Bill.

School activity has taken rather a pounding of late. If you link sport, arts, music, culture, youth clubs and so on only to a school, so they happen only in a school setting, they stop when school stops. If you make it just about education—sport is a very good example of this—dropout ages are 16, 18 and 21, because that is when you leave your educational institution. I hope that here we would have an opportunity to get the voluntary sector back talking to and helping young people.

On the amendments I tabled, subsection (2A) in Amendment 185 is at least as important, because it means providing voluntary activity in schools so they can identify with and get in contact with these groups outside. The groups outside want to make contact. Their survival and the survival of their activity depends on getting new people in, and they are giving something positive back. Anybody who has had any experience with anything from an am-dram group to a rugby team knows there is a social network that is interdependent and builds up a sense of community and purpose, and helps that group and those people in it, effectively providing almost a family group at times. It is a place where you can find jobs, structure, help, support and purpose; it is all there.

Apart from a diatribe that amateur sport will save the world, it is a fact that we are going to very solid, well-established ground here. I do not think anybody is going to disagree that these things are beneficial. We talk about the health aspect and the need for a good diet, but it is possible to put on weight on healthy food if you do not move. Let us look at how we can expand education not just through the education establishment. We should look to people who are doing positive things on a voluntary basis and helping you get out there.

Just to cast an eye on the amendment from the noble Lord, Lord Moynihan, that we are about to discuss, this is another good amendment. I know the noble Lord well, and I have no doubt that he will have more to say on it. He refers to me as his “friend in sport”, and I am glad to carry on that one. Basically, if we do not encourage these formal lines back into our education system—unfortunately we have broken, or at least damaged, the informal ones—we are going to lose this contact with somewhere where you go on to do something positive. I look forward to the Minister’s answer, and to her answer on the amendments led by my noble friend Lady Walmsley.

[Baroness Penn (Con)]

My Lords, while we are still on breakfast clubs, I hope I can jump in to speak to Amendment 184, which relates to the additional costs of breakfast clubs in primary schools, combined with the quality of food expected. The amendment is tabled in the name of my noble friend Lord Agnew, who is sorry that he cannot be in the Committee right now. Like others in this group, this is, to a certain extent, a probing amendment to understand how much the Government understand about the whole-of-service costs that this part of the Bill will impose on schools and how they plan to meet them, based on conversations with those currently involved in making breakfast clubs work.

I support breakfast clubs. I have previously declared an interest as a mum whose daughter goes to breakfast clubs, and I am a big fan of their provision. For me, they provide hugely valuable additional childcare that allows me and my partner to meet our work commitments, but I also recognise the role that they play in ensuring that no child starts school hungry and unable to learn.

Turning to the practical implications, let us assume that a breakfast club in a primary school is taken up by 50% of the children in that school. A two-form entry school would require oversight by seven members of staff, and a school with a single form would require four members of staff. This does not include the catering element. That ratio is set out in regulations, so it is not advisory. A single-form entry primary school is highly unlikely to have sufficient unused non-teaching staff resource to handle the new obligation without drawing on directed teacher time.

That brings us back to the vital concept of the hard cap on directed time. If, for example, a teacher now has to be diverted for an hour a day to support and supervise a breakfast club, that is around 170 hours a year out of 1,265. Some 15% of the time, they will no longer be available for other duties—most significantly teaching. How are the Government going to account for this?

To the noble Baroness, Lady Thornton, I say that I completely acknowledge the additional money that has been put into schools through last week’s spending review settlement, and previously, but, when we take into account increased eligibility for free school meals—which is welcome—increased SEND costs, teacher pay awards and increased national insurance costs, my understanding is that there is currently no additional funding to meet the costs of a national rollout of breakfast clubs. That is a question that remains unanswered. The same applies to non-teaching staff: more hours will be required, so how will it be paid for?

Currently, schools can charge parents for early delivery of children before the academic day begins. As I have said, this enables working parents to drop their children off on their way to work, and it works well. I pay £3 for 45 minutes, including breakfast. This will rise to £4 pounds in September, but with provision extending to an hour. For me, it is fantastic value. Many schools deliver this provision for free or at a lower cost for children in receipt of free school meals, with the costs covered by the pupil premium income that a school receives.

Children’s Wellbeing and Schools Bill

Lord Addington Excerpts

Tuesday 17th June 2025 Lords Chamber

[Baroness O’Neill of Bexley (Con)]

My Lords, I would like to support my noble friend Lady Sanderson of Welton on Amendment 134A. Noble Lords will not be surprised to know I shall be championing local authorities around the cost of children’s homes.

I want to give noble Lords a bit of a reality check, and to do so I am going to reference two examples. The first is about supported living for care leavers aged 21 to 25. They are nearly adults, need very little support and are very nearly independent. A semi-detached house is created that can take up to five young people with very little supervision. The cost for one young person in that provision is actually £500 per week. That is nearly as much as any landlord would get to rent out that property for a month: £2,000 a month. If you have got five young people in there, that is one hell of a profit margin. You can see why people go down that route and why we are having to grapple with the costs.

The second case is about a property that had been sought and used as secure accommodation with 24/7 support. It was another council that placed it in our borough. It was worth it getting the property and having 24/7 support for secure accommodation. Obviously, it had made the decision that either it could not afford to get that accommodation through normal routes or that this was good value. We first knew about it when we read police reports saying this young person, who is in 24/7 secure accommodation with two people, had gone missing. I was jumping up and down saying, “We’ve got a young child gone missing”. But it was not our child—we did not even know this young person was in our borough. That is expensive accommodation.

Earlier on, the noble and learned Baroness, Lady Butler-Sloss, said that you would know if people were placed in your borough—but you do not. I am sure the Minister will have something to say about that. In addition to the knowledge that this young person is placed in your borough, the cost of 24/7 care and accommodation for one person in your borough is phenomenal. Local authorities are not perfect, but we are grappling with some of these things on a daily basis, which push the costs up, and some of this transparency might deal with it. I look forward to the Minister’s response.

[Lord Addington (LD)]

My Lords, I must apologise to the noble Baroness, Lady Sanderson, for missing her first few seconds. When someone said, “I want a quick word with you”, I should have jumped around them as opposed to trying to politely brush them off.

All these amendments are looking at financial control. It is probably overdue, but it is extremely difficult. It is a case of transparency. We need something in here, and, as the noble Baroness, Lady O’Neill, has just pointed out, the Government are actually dealing with it on a last-minute, we-must-do-something basis. Having some control over that is an extremely sensible idea, but they will not get rid of the fact that it will have to be done through emergency contingencies or whatever. It is still going to happen that way. We are trying to extract from the Government the limitations of what they are proposing and to get it more on the record.

On my own amendment—I probably should have slightly reworded it—of all the things accused of costing too much, special educational needs spending is probably right up there, and often it is the private sector. It depends on what you are dealing with, because there is not a right sum of money for that.

I am on a committee looking at the Autism Act at the moment. I just went to see a school that had one full-time member of staff for every two pupils and TAs on top of that, because it is needed. Usually, the private support comes in to support somebody who has struggled in the education system—it may not be autism and it may not be that severe, but they are usually playing catch up and repair, to put it bluntly. So, they are going to have high staffing needs and it is going to vary from person to person. I would hope that this transparency may be a defensive thing from people who are providing a service that is needed.

--- Later in debate ---

[Lord Addington (LD)]

My Lords, listening to the noble Baroness introduce these amendments, I am remembering how many times, as a Minister, she batted me back with a question. As I interpret these amendments—if I have got it wrong, I am sure I will be told—they basically ask how this will work. Where are the levels of intervention when something does not work? How do we get through? It was a long and complicated series of questions, but that is what Committee is for. If we could get an idea of the answers, if the Minister has them or can tell us where we can find them, I think we would all feel a little more comfortable before the next stage.

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

My Lords, the amendments in this group are all in the name of the noble Baroness, Lady Barran. Just taking the amendments as they are, the majority of residential settings are owned by provider groups—organisations that own the providers that run settings. The legislation refers to provider groups as “parent undertakings”. Provider groups have influence over how a setting is run, yet they are not accountable in legislation for the quality of the settings they own.

Clause 12 is intended to complement Ofsted’s existing powers. It will allow Ofsted to take action at scale and pace to improve the quality of care when it reasonably suspects that two or more of the provider group settings are not meeting regulatory requirements. In answer to the noble Baroness’s question, together with Clause 13, which provides additional enforcement powers for Ofsted, it is part of this Government’s strategy to ensure the safety and well-being of vulnerable children in care.

Amendments 135 and 136 seek to give Ofsted the power to inspect provider groups. Inspection is not necessary at provider group level. Given the existing robust regime for the inspection of settings, the inspection of provider groups would not give Ofsted any additional information that it does not already have to ensure quality of care and the safeguarding of children’s settings, which is obviously the purpose of what we intend to do here.

The inspection of provider groups would add substantial burden to the public purse and would not result in improvements to the quality of care for children, as inspections would focus on provider group policies rather than on the lived experience of children. Additionally, they would not be effective in holding provider groups to account without establishing a burdensome inspection system. Given that there are over 400 provider groups, I think we understand the scale of the additional work that we are talking about.

The clause gives Ofsted the power to serve an improvement plan notice on a provider group to improve quality in two or more of its settings. This is vital, as it will ensure the quickest and most effective action to secure change at scale. Clause 13, which we will come to shortly, gives Ofsted powers to take action against the provider groups when they do not improve the quality of their settings. This amendment would not impose any requirements on the provider groups that Ofsted could enforce against.

Amendment 137 seeks to empower Ofsted to use the services of an independent person, as provided for by Regulation 44 of the Children’s Homes (England) Regulations, to carry out an unannounced visit to a children’s home for administrative breaches or minor concerns about the quality of care being provided. The amendment proposes that, after an independent person has inspected the children’s homes or home, the local authority may issue an improvement plan notice based on the findings.

Under current regulations, the registered person of a children’s home must ensure that an independent person visits the home at least once each month, and this visit may be unannounced. The independent person should have the skills and understanding necessary to form an impartial judgment about the quality of the home’s care. They must produce a report about their visit which sets out their opinion on whether children are effectively safeguarded and whether the home effectively promotes children’s well-being.

Ofsted, the placing authorities and the registered provider, registered manager and responsible individual must be given a copy of the report. The local authority where the home is located must also be given the report if it requests it. Ofsted uses these reports to inform whether further activity or inspection is necessary. They may be used to inform Ofsted decision-making around improvement plan notices to ensure its effective role as the regulator. Ofsted must be the only body responsible for issuing improvement plan notices. Giving local authorities the power to issue an improvement plan notice would mean duplication and would offer no protection additional to what is already in place.

Amendment 138 seeks to probe how an improvement plan might work in practice. Provider oversight has been designed to enable Ofsted to address poor-quality care at scale and at pace. For example, where Ofsted inspects two children’s homes and believes quality is being impacted by the provider group’s policies or management, it could reasonably suspect that those issues were in all homes owned by the provider group. It would be able to use the new powers to ensure that the provider group drove up standards in all its homes.

The provider group would be required to develop and implement an improvement plan to address the issues identified by Ofsted as being of concern. This plan will be approved by Ofsted, if it is satisfied that it will be effective in addressing the concerns. Ofsted can fine the provider group if it fails to submit or implement the improvement plan. When Ofsted is satisfied that improvements have been made, it will consider the plan completed. This will result in improvement in multiple settings simultaneously, which could not be achieved through inspection of provider groups, as would happen if Amendments 135 and 136 were adopted.

Finally, Amendments 138A, 138B and 138C seek to require Ofsted to notify the relevant local authority when an improvement plan notice has been served, cancelled or appealed. Ofsted is currently required to notify all local authorities where certain enforcement actions such as suspension or cancellation of registration are taken. Clause 13 amends these requirements to include a requirement for Ofsted to notify all local authorities where a provider group is issued with a monetary penalty for failing to prepare or implement an improvement plan. This is a more proportionate balance for ensuring local authorities are aware of problems arising and ensuring that children’s accommodation is not unnecessarily disrupted. Not only would additional notifications, as required by these amendments, require significant extra resources both from Ofsted and from local authorities, but the notifications would prove unnecessary where issues were resolved or successfully challenged.

It is important to stress that provider oversight will not be the only tool in Ofsted’s toolbox to tackle poor-quality care where it finds it; it will continue to have its existing powers to work with individual homes, including suspending or cancelling their registration, if it has serious concerns.

I recognise that the noble Baroness, Lady Barran, has asked some detailed questions, as it is her right to do. I am sure that she will understand that I do not have all the answers at my fingertips and that she will give me the space to look specifically at the issues that she has raised. I shall write to her and make sure the responses are shared with Members in the usual way.

[Lord Addington (LD)]

Could we make sure that we are all copied in?

[Baroness Blake of Leeds (Lab)]

As always. That was the point that I was making. For all the reasons given, I would kindly ask the noble Baroness to withdraw her amendment.

Apprenticeships: Entry Requirements

Lord Addington Excerpts

Monday 10th March 2025 Lords Chamber

[Baroness Smith of Malvern (Lab)]

The noble Lord is absolutely right that we need to work harder to make sure that all children are able to succeed in school and that all young people have the opportunities to then go on in education or training. In the area of apprenticeships, that is one of the reasons for introducing, as we will do later this year, foundation apprenticeships, which will provide that first step on the employment and training ladder for young people who perhaps would not otherwise have been able to access it. We will continue to find ways to ensure that all young people, particularly those from disadvantaged backgrounds or those who have faced other challenges in life, can fully achieve the opportunities that they deserve and can make the most of them in their lives.

[Lord Addington (LD)]

My Lords, does the Minister agree that the vast number of people who have special educational needs—I declare my interests in this field—and who can have their problems in education solved by using voice-activation and readback facilities to access at least English, should be allowed to do so, as these facilities are so readily available? Without them, we would exclude a lot of people with the mere notion of exams or qualifications.

[Baroness Smith of Malvern (Lab)]

The noble Lord is right that assistive technology can make a big difference both to children in school and to young people as they enter training and higher education. That is why, for higher education, we will continue to ensure that the disabled students’ allowance provides support for students to fully access learning, and why we make specific provision for young people entering apprenticeships who have an education, health and care plan.