Schools Bill [HL]

Debate between Lord Bellingham and Lord Shipley

Committee stage
Wednesday 22nd June 2022 Lords Chamber

[Lord Shipley (LD)]

My Lords, I will speak to Amendment 140 but before that I note that the debate has raised a number of fundamental issues. Listening to it tells me that we have another set of issues that the Government need to take away and think carefully about. I understand that Report is due to start in little over a fortnight. The noble Lord, Lord Soley, is absolutely correct about the need to have these discussions; fundamental issues are being debated around whether there should be an appeals system and what kind of system it should be, and what the exact role of a local authority is. The noble Lord made a very important point: the Bill should be about supporting home educators and not about a punitive system.

I want to give another example of how I see the problem in this group. My Amendment 140

“aims to clarify the provisions on school attendance orders to ensure that school attendance orders should only be issued when in the opinion of the local authority this course of action is in the best interest of the child.”

At the moment, the Bill reads:

“A local authority in England must serve an order under this section 10 on a person”,


and gives reasons in paragraphs (a) and (b). Paragraph (c) gives the reason that

“in the opinion of the authority it is expedient that the child should attend school.”

What is the meaning of the word “expedient”? Sometimes these words have meanings that maybe the Government do not intend. My interpretation of the word “expedient” is that it is about attaining an end. It is a convenience to attain the end, but it may not be right to attain that end.

That has led me to consider who in a local authority is responsible for making a decision. Ministers may reply that this will all be shown to us in guidance. I am quite bothered about that, because a huge number of issues have been raised, in all parts of the Chamber, about how this system will actually work.

[Lord Bellingham (Con)]

Does the noble Lord agree that the word “expediency” seems to display a state of mind and a prejudice against home learning? It will, as he rightly points out, put undue power in the hands of officials.

[Lord Shipley (LD)]

I agree with the noble Lord that it could well do that. I noted the words of the noble Lord, Lord Lucas—I hope I quote him correctly. He said that it will be tremendously easy to be a bad local authority. Given the way that this has all been written, that may prove to be true. He also said that there needs to be oversight as to whether a local authority is being reasonable. There has to be a system to assess this. I spent many years in a local authority environment. Officers and councillors will change, and case histories may not be fully understood, and yet decisions are being made. I do not know what protections are in place against poor-quality decisions being made.

My amendment says that the absolute requirement is the best interest of the child, not that a decision is deemed by a local authority to be expedient. I should be grateful if the Minister could respond as to why the Bill has been written in this way. It may be convenient to be expedient but it may not be proper. For that reason, we need to have a further discussion. I do not see how Report can happen in a fortnight to three weeks’ time. The Bill needs its Report deferred until the autumn.