Children’s Wellbeing and Schools Bill
Lord Holmes of Richmond Excerpts(2 weeks, 5 days ago)
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“Curriculum review: recommended physical activityWithin six months of the day on which this Act is passed, the Secretary of State must undertake a curriculum review on how the levels of physical activity recommended by the Chief Medical Officer can form part of physical education provision within schools.”
Lord Holmes of Richmond (Con)
My Lords, in moving Amendment 492 in my name I give more than a positive nod to the other amendments in this group. For Amendment 492 I also thank my friends the noble Baronesses, Lady Grey-Thompson and Lady Sater, and the noble Lord, Lord Moynihan, for co-signing this amendment. I commend them for all the work they do in this area.
We have a physical and mental well-being crisis in this country. In previous sessions on the Bill, we have rightly discussed the mental well-being crisis. My Amendment 492 goes to the heart of the physical well-being crisis. It is costing the taxpayer in the billions, it is breaking the NHS, and at a community and—crucially—individual level, it is an absolute tragedy, which can, should and must be avoided.
My Amendment 492 simply suggests that the Government should look at a means of incorporating the Chief Medical Officer’s advice on weekly and daily physical activity into the school programme. Be in no doubt, I am not talking here about competitive sport. I am not talking even about games. I am talking about physical literacy and physical fluency: moving, dancing and being in this great physical form of our human selves which we are born with.
I look forward to the Minister’s response. It is a very simple amendment, but it could make a profound difference to so many people’s lives. I beg to move.
Lord Moynihan (Con)
My Lords, I support Amendment 492 in the name of my noble friend Lord Holmes, which he very eloquently summarised for the Committee. I will also couple it with my Amendment 502J. First, I will reflect on some of the key issues behind the need to improve physical education programmes of study in the UK school curriculum.
To me, physical education is not merely a subject; it is a cornerstone in the development of young people, fostering health, resilience, teamwork and confidence. Yet despite the considerable investment in PE and sport premium funding, programmes of study across UK schools remain inconsistent, underresourced and insufficiently ambitious. It is imperative that we take decisive action to ensure that every child has access to high-quality, inspiring physical education.
First, the curriculum must be rigorously structured yet flexible, ensuring progressive development from foundational movement skills in key stage 1 to more complex games, athletics and leadership opportunities in key stage 4. This structure should be underpinned by clear learning outcomes, encompassing not only physical competence but personal, social and cognitive development.
Secondly, teacher training must be enhanced and continuous. Too many schools rely on external coaches or undertrained staff, which undermines sustainability and consistency. Ongoing professional development, supported by national standards and mentoring, will equip teachers to deliver high-quality, inclusive PE lessons that inspire pupils across the ability spectrum.
Thirdly, inclusive practices must be central. The curriculum must accommodate disabled pupils, those less confident in sport and the unrepresented groups, ensuring that all children can participate meaningfully. Adapted activities, peer mentoring and differentiated assessment can facilitate this inclusivity, and inclusivity is essential.
Fourthly and finally, the curriculum should embrace innovation and breadth, incorporating non-traditional sports, dance, outdoor recreation and cross-curricular activities to engage diverse interests and build lifelong participation habits, such as participation and partnerships with local sports clubs, universities and community organisations, all of which can further enrich provision.
In short, by strengthening structure, training, inclusivity and innovation, we can transform PE from a marginal subject into a vibrant, central element of the school experience, preparing young people not only to be active but to thrive in life. With that in mind, I turn to my proposal—a call to action—for a national strategy for physical education and sport in schools.
As a former Minister for Sport and a former chairman of the British Olympic Association, I have witnessed first-hand the transformative power of sport in shaping young lives. However, it is with a sense of urgency and concern that I address the current state of physical education and sport in our schools, not just over the last year but over a number of years. The absence of a cohesive national strategy has led to disparities in access, poor facilities and too much time allocated to travelling to and from sport during the curriculum, with the outcomes undermining the potential benefits that sport can offer to every child.
Baroness Smith of Malvern (Lab)
In the previous paragraphs, I outlined not only what the Prime Minister had identified but the action the Government are already taking to deliver on the objective that the Prime Minister set down, so I do not think it is necessary to enshrine that in the Bill, because, as I identified, it is already happening. I am not going to rise to the noble Lord’s point about—I shall not even say that I am not going to rise to it, otherwise I will do so.
On the noble Lord’s point about staffing, it is encouraging that PE initial teacher training places are all taken up this year. Obviously, that is important in ensuring that there is a pipeline of good teachers in this area, but there is more to do on quality, especially in primary schools. The PE and school sport partnerships will bring together the support available to schools and therefore to teachers. By making sure that PE has a central place in the curriculum, in the light of our curriculum and assessment review, we can cement its place in schools’ priorities. That will of course mean a greater focus from both leaders in schools and staff.
As I was saying, the development of the PE and school sport partnerships and enrichment framework relates to Amendment 502H in the name of the noble Lord, Lord Moynihan. The Government are already delivering the co-ordinated action for which the noble Lord rightly calls, both through the PE and school sport partnerships and the enrichment framework. This has established a strategic framework, guided by evidence and collaborating with national governing bodies of sport and other key organisations, to raise the quality and standards of PE and school sport for all pupils across the country.
Amendment 492, moved by the noble Lord, Lord Holmes, and Amendment 502J, tabled by the noble Lord, Lord Moynihan, call for a curriculum review to investigate how PE, sport and physical activity provision in schools can deliver relevant outcomes for pupils. The partnerships to which I have already alluded will seek to support schools in providing opportunities in and out of the curriculum for children to work towards meeting the Chief Medical Officer’s recommendation of being active for an average of 60 minutes a day.
Of course, we already have under way a curriculum review of the type called for by noble Lords and by the noble Baroness, Lady Sater. In 2024, this Government launched an independent curriculum and assessment review, which is looking at all national curriculum subjects including physical education. It seeks to deliver a curriculum which is rich and broad, inclusive and innovative. The review is considering subject-specific issues including physical education. Subject and sport stakeholders have had the chance to feed into the review on PE and have highlighted many of the issues that noble Lords highlighted in this debate. The interim report was published in March 2025 and highlighted the reduction in PE time, especially at key stage 4. The final report will be published in the autumn with the Government’s response, and I am sure that noble Lords will allow that independent curriculum review to present its recommendations.
I hope that noble Lords are reassured that we have considered all the issues raised in the debate today. The ongoing independent curriculum and assessment review, the PE and school sport partnerships, and the enrichment framework are already starting work to tackle the issues raised. In the light of this, I hope that the noble Lord feels able to withdraw his amendment
Lord Holmes of Richmond (Con)
The noble Baroness rightly referred to the curriculum review that Becky Francis is undertaking, to be published at some stage. What approach are the Minister and the department taking to ensure that all the excellent work that Becky Francis is taking forward will be reflected in the Bill and that there are no inconsistencies or gaps in this legislation as a result of the timing difference between the Bill’s passage and the publication of the review?
Baroness Smith of Malvern (Lab)
I was referencing the amendments calling for a curriculum review and pointing out that there already was a curriculum review. Many of the points raised in the amendments, particularly the amendment from the noble Lord, Lord Moynihan, were about the approach to the curriculum; for example, ensuring that, at a primary level, we are developing the physical skills of children and promoting physical activity, and then, at secondary level, continuing that important work while also delivering a focus on competition and particular types of sports. Becky Francis’s review is independent, but from both the interim report and the evidence that has been provided and is under consideration, I know that is the type of approach being taken in the curriculum and assessment review.
Lord Holmes of Richmond (Con)
I thank all noble Lords who have taken part in this excellent debate.
I am not normally tempted to dive into the subject of swimming, but the noble Lord, Lord Storey, has tempted me to do so. It is always worth reminding ourselves—particularly, as he said, in an island nation—that swimming is the only sport that can save your life. That underscores the critical significance of physical activity, literacy, fluency and education in the example of learning to become a competent swimmer.
This Government, like any Government, want growth, and they face a very clear choice with these amendments. One of the key elements of growth is investment. There could barely be a better area to invest in than physical activity and physical well-being. The choice for any Government is to invest and reap all the social, economic and psychological benefits on the individual, community and country levels or to pay for the consequences through the NHS, the prison service and many other areas administered by government. These issues will certainly return on Report, but for the moment I beg leave to withdraw my amendment.
“Education technology: guiding principles(1) The Secretary of State must by regulations made by statutory instrument make provision for the regulation of education technology deployed in schools in England.(2) The regulations made under subsection (1) must ensure that education technology used in schools in England—(a) is inclusive by design,(b) is accessible to all,(c) is transparent with regard to its training data and, where applicable, its algorithmic make-up,(d) is labelled clearly if it uses artificial intelligence,(e) does not sell or provide data to third parties, and(f) does not store personal data at a location other than that of the school in which it is being used.(3) A statutory instrument that contains regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.”
Lord Holmes of Richmond (Con)
My Lords, I shall speak also to Amendment 494. I am grateful to the noble Baroness, Lady Kidron, who signed my amendment; I will give positive support to her amendment in this group.
Educational technology—edtech—offers extraordinary opportunities for learners right through the school and education experience. In effect, it enables personalised education—for every young person to have a classroom assistant alongside them in technology form. It is an extraordinary upside and transformational, but only if we get right the framework, the construction and the underpinning principles that guide it. If we human-lead with these technologies, we will give ourselves the best opportunity to succeed and to empower all children and young people to succeed in their education journey. If we have a principles-based, outcomes-focused and inputs-understood approach, we enable, we empower and we have a clear understanding of what we require from these edtech solutions.
I turn now to the amendment. All edtech must be inclusive by design; accessible; transparent about the make-up of the technology; labelled, if AI is in the mix; and absolutely crystal clear as to how the data is used, where it is stored and how none of that data—children’s data—gets sold on to any third parties.
The opportunities are extraordinary. It is at least a touch unfortunate that so much of technology in school is being described and seen through the lens of smartphones. It is understandable, because of some of the catastrophic downsides and outcomes we have seen as a consequence, but there is nothing inevitable about that. Edtech, positively deployed, human-led, with human principles and values at its heart, and with the right oversight and approach to data, could enable such a powerful learning experience, primarily for young people and children but also for teachers, classroom assistants and the whole school community.
Amendment 494 is about pulling on the power that we have through procurement. We can achieve so much by understanding how we look at the values and underpinning principles that we put into how we procure. This amendment echoes many of the under- pinnings of Amendment 493 in understanding that, if we can get a procurement standard in place, then many of the potential problems and difficulties are dealt with before they even come into being, because of that standard being so well set before any consideration has been given to making a purchase of any edtech.
I look forward to other contributions from noble Lords and the Minister’s response. I beg to move.
Baroness Kidron (CB)
My Lords, in speaking to my Amendments 502K, 502YI and 502YH, I also register my support for Amendments 493 and 494 in the name of the noble Lord, Lord Holmes, and, more broadly, to associate myself with everything he has just said. Amendment 502YI calls for a code of practice for education data. I tabled a similar amendment to the Data (Use and Access) Bill earlier this year and was given an assurance from the Minister, the noble Lord, Lord Vallance, who gave me
“a firm commitment … that the Government will use powers under the Data Protection Act 2018 to require the ICO to publish a new code of practice addressing edtech issues”.—[Official Report, 28/1/25; col. 148.]
A letter I received from the department in anticipation of today’s debate suggested that the Government are “reviewing and considering”. I ask the Minister whether we are reviewing and considering the firm commitment that was made nine months ago.
We have been discussing data protection in schools since 2017 and we have had multiple promises from both department and regulator that have yet to bear fruit. Yet the Government are pressing ahead to introduce new data-hungry technology in our schools. The uses of pupils’ data are well evidenced and egregious. Some of it has ended up on adult sites and gambling sites, which is an abuse of children’s privacy.
Pupils are, first and foremost, children. They are not critical sources of data for commercial enterprise. It is beyond time to act. I ask the Minister to accept the amendment so that this Bill is the one that finally sets out the scope and timescale for a data regime that delivers children the protection they deserve when they are at school.
I turn to Amendment 502K. I wish to be very clear that I, too, welcome the potential of technology to contribute to learning and well-being at schools, but while the Secretary of State Bridget Phillipson has heralded a
“new technological era to modernise our education system”,
there is as yet no corresponding binding commitment to ensure that the technology being introduced at pace actually works. The Education Endowment Foundation has said that gains are often very small and has warned that edtech may be a “gap-widener” for socioeconomically disadvantaged students. A 2023 DfE survey found that fewer than half of teachers thought that technology improved pupil attainment, and UNESCO referred to the use of edtech as a “tragedy”, and the results from the huge global investment in edtech during the pandemic as “far from clear”.
Lord Holmes of Richmond (Con)
My Lords, I thank all those who participated in this important debate. Edtech has such profound possibilities for all learners, be they in school, home learning environments or any environment where education is taking place. In that, it is obviously crucial to be cognisant of the risks attendant.
As I said earlier, if we take a principles-based, outcomes-focused, inputs-understood approach and we human-lead on these technologies, we can feel confident that we are putting technologies in place in education that will enable and empower children and young people but also teachers and the whole school, home learning and education environments. This matter could barely be more up to the minute, with technologies already deployed widely across all learning environments. For this reason, and with the great good fortune of this Bill now being in your Lordships’ House, we will certainly return to these matters on Report. For now, I beg leave to withdraw the amendment.
Children’s Wellbeing and Schools Bill
Lord Holmes of Richmond Excerpts(3 weeks ago)
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Lord Holmes of Richmond (Con)
My Lords, I shall speak to Amendment 490 in my name; I thank my friend, the noble Baroness, Lady Grey-Thompson, for adding her name to it.
Special educational needs and disability education are not working in the UK right now. This is no fault of the excellent SENCOs up and down the country. It is no fault of teachers, who try to teach all of the children in front of them in their classes. It is certainly no fault of parents, who try to find their way through often labyrinthine, circumlocutory, beyond-bureaucratic practices in order to get the best for their children. It is obviously no fault of children with special educational needs or disabilities, who just want an inclusive educational experience to give of their talent.
Amendment 490 simply asks, in a probing manner, for a royal commission to look at the attainment gap for children with special educational needs and disabilities. I do not much mind if it is a royal commission; the weight of the issue merits a royal commission but, were the Government to undertake swiftly a task and finish group, so much the better. The attainment gap needs to be considered at all levels of the school experience, and right through all examinations from when they begin. Crucially, it is about putting a plan in place so that, in short order, we no longer talk about an education attainment gap, because there is no reason why there should be one just by dint of a young person having a special educational need or a disability.
That is all this amendment is asking for: simple, clear and effective measurement of the current situation and disability educational attainment gap. It is important to measure the gap. However, the aim—the mission—must be to close it. I look forward to the Minister’s response.
The Lord Bishop of Chelmsford
My Lords, sadly, my noble friend the right reverend Prelate the Bishop of Gloucester is unable to be here to speak to Amendment 482 in her name.
This amendment, which I support and has already been touched on by a couple of noble Lords in our debate on the previous group, would compel the Secretary of State to
“commission a report on the educational attainment of school age children with a parent who is in prison”,
and to
“make recommendations for how the educational attainment of those children can be improved”.
I will not presuppose what the recommendations of this report would be. However, through its work in supporting more than 1,450 children with a parent in prison, the charity Children Heard and Seen has shown that, through simple, targeted and tailored emotional support, you can drastically change outcomes for children with a parent in prison.
Having a parent in prison is among the most significant adverse childhood experiences, severely impacting children’s mental health and well-being. Children with an imprisoned parent are 25% more likely to suffer from mental health issues, including depression, anxiety, insomnia and eating disorders. Negative school experiences such as bullying, persistent truancy and academic underachievement are also common among this group. It is estimated that there are almost 200,000 children with a parent in prison in England and Wales, yet we still do not know who or where these children are. This means that they are not being brought to the attention of schools.
Due to the lack of awareness of the issue of parental imprisonment throughout schools, support for children with a parent in prison varies hugely from school to school. There is no uniform approach and many children are left without the appropriate support that they need. Amendment 482 would be a strong step in the right direction in increasing awareness and understanding of the harms within schools of parental imprisonment, ensuring that pupils and students who are affected by parental imprisonment are supported through an inclusive and non-judgmental approach. Children with a parent in prison should be given the same chance in life as any other child. The amendment would help enable them to mitigate the impacts of their parents’ imprisonment, overcoming educational barriers and allowing them to fulfil their academic potential.
“Establishment of a national body for SEND(1) The Secretary of State must, within 12 months of the passing of this Act, establish a national body for special educational needs and disabilities (SEND) in relation to children.(2) The functions of the national body for SEND will include, but not be limited to—(a) national coordination of SEND provision for children,(b) supporting the delivery of SEND support for children with very high needs, and(c) advising on funding needed by local authorities for SEND provision for children.(3) Any mechanism used by the national body for SEND in advising on funding under subsection (2)(c) should be based on current need and may disregard historic spend.”Member's explanatory statement
This amendment requires the Secretary of State to establish a national body for special educational needs and disabilities (SEND) in relation to children.
Lord Addington (LD)
I thank the noble Lord, Lord Holmes, for that compliment. We go back to special educational needs here, with a series of amendments in the names of the noble Lords, Lord Holmes and Lord Carlile, and the noble Baroness, Lady Grey-Thompson. My amendment is the most general of them, on a general duty to have a look at special educational needs. Some of the specifics in the other amendments probably should be included in that general duty.
On teacher training, unless you have teachers who are increasingly better equipped to spot conditions and deal with them in the classroom, you are always going to fail because you will have late diagnosis—or no diagnosis for many conditions—or the wrong practice. I am trying to convince people here that getting extra help for special educational needs may be a bad thing if that help is from the system by which you have already failed. If you do not know what is required and are being told “You’ve already failed to do this”—English would be a classic one—you will just not pass. My experience with dyslexia, which I have mentioned once today, is of being given an extra 15 spelling tests, one every week. You fail them all; you carry on doing it, but you just will not pass.
This is because having special educational needs usually means that you process information differently. There can be extreme cases. I have already referred to the noble Lord, Lord Holmes—nobody expects somebody who is blind to copy off a blackboard. You would describe what it is. You have got to have a different system of working and different structures that go with it.
I could expand upon this for ages, but the hour is late and other noble Lords with more detailed amendments are waiting to speak. I beg leave to move my amendment and look forward to the rest of this debate.
Lord Holmes of Richmond (Con)
My Lords, it is a pleasure to follow my friend, the noble Lord, Lord Addington, and I congratulate him on all the work that he continues to do in this area. I thank my friends, the noble Baroness, Lady Grey-Thompson, and the noble Lord, Lord Watson, for cosigning my Amendments 491 and 498. I will take them in reverse order, with Amendment 498 first.
Quite simply, it addresses the issue we discussed in the previous group: current SEND provision is not working. It is not working for the SENCOs, who try their utmost; it is not working for the teachers, who strain every sinew to educate all in their classrooms; it is not working for the parents; and, most importantly, it is not working for children with special educational needs or a disability. Yet it can, if we start from the provision of inclusive by design and set out an approach where the funding is identified and ascribed to that SEND provision. The department should and must reach out beyond its budgetary constraints, because the reality is that this is far more than an issue of education. For example, there is a clear causal relationship between the education attainment gap and the subsequent employment attainment gap for those with disabilities.
Other departments must also pull their weight in addressing this issue of special educational needs and disability provision. This is why in Amendment 491 I suggest a practical, reasonable and achievable measure to make a difference across government: to introduce a mentorship scheme for those young people with special educational needs or disabilities.
Before the question arises of distracting departmental officials from their incredibly important work, or of putting more pressure on already overstretched resources, I suggest to the Minister that this would be an ideal situation for an effective, practical and achievable public-private partnership. Imagine how local, regional, national and international businesses could get involved to help support and be part of the delivery of such a mentorship scheme for children with special educational needs and disabilities. Imagine the empowerment for those young people in hearing from adults in successful careers, professions, jobs, activities and third-sector work, across the piece, who have lived experience of being a disabled person and have come through, succeeded and achieved. That is not just mentorship; that is leadership and empowerment, enabling all those young people.
The scheme could be brought in with minimal, if any, disruption or resource pressures put on the department. The difference it would make for those children with special educational needs and disabilities could be profound, impacting their educational experience, setting them up for life and enabling them not only to positively be part of closing that education attainment gap but subsequently closing the employment attainment gap. Any Government should have this as one of their core provisions. I look forward to the Minister’s response.
Baroness Grey-Thompson (CB)
My Lords, I will speak to Amendments 491 and 498, tabled by the noble Lord, Lord Holmes, to which I have attached my name, and Amendments 502U and 502V in my name.
With regard to Amendment 491, we have already spoken about how disabled children are being left behind. I worry that we are wrapping some disabled children in cotton wool. The noble Baroness, Lady Verma, talked in an earlier group about resilience. We have to do more to ensure that our disabled children in schools can build resilience. This is one way in which they can do that.
This amendment is not about physical activity, but disabled children are routinely excluded from physical activity in schools and physical activity is one way that they can build this resilience. There are myriad excuses—“Well, they are sent to the library”—which are often wrapped up in health and safety. It sometimes feels that we are writing off disabled children before they have been given a chance. Often their world is smaller: there is less opportunity and a lack of ambition that is placed upon them.
This is something that I would like all children to be offered. It is probably dependent on what His Majesty’s Government are thinking of on enrichment around the school day. I declare an interest here as chair of the Duke of Edinburgh’s Award, and we are talking to the Government about what this enrichment would look like. I believe that providing mentoring will help. It is about not just grades but building skills for life.
Amendment 498 simply seeks a view of SEND provision and how it is funded. Amendment 502U links to amendments that I have in other groups, but this one sits better in this group. I do not think that we have got right the support that disabled children are getting in school, and we must think about what more we can do.
The organisation Contact a Family and the Independent Provider of Special Education Advice surveyed 2,000 families with children and young people who have SEND but do not have an EHCP to see how the process was working. The survey concluded that there was not enough SEND support in schools, which leads many families to seek an EHCP to secure support for their child’s needs. This does not feel like the right way that the system should be supporting disabled children. It leads to school avoidance, absenteeism, pupils being put on part-time timetables and exclusion, and therefore an ever decreasing circle of support and ambition. This amendment seeks to ensure better support.
I am keen that access to the curriculum for disabled children is not reliant on a single member of staff. I do not, in this group of amendments, seek to debate the role of TAs. It is about how we get the right support beyond that so that we do not limit children’s opportunities. I know that there will probably be some discussion of whether, under this amendment, their role should sit under the supervision of a qualified teacher.
Finally, on Amendment 502V, we need to know how much we spend on SEND provision. In a previous group, the noble Lord, Lord Agnew of Oulton—admittedly not talking about this—said how important it was to identify how every penny is spent in schools. We must have a better understanding of how SEND money is spent. I do not mean to place a lot of additional work on schools, but we need to know that we are getting value for money and, ultimately, that we have the right provision for disabled children to thrive.
Children’s Wellbeing and Schools Bill
Lord Holmes of Richmond Excerpts(3 weeks, 6 days ago)
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Lord Storey (LD)
My Lords, this is a simple amendment. I will preface my remarks by saying that, obviously, it is important that a child is in school as often as possible because when they are not in school, they are not learning. Equally, it is important that they have quality time with their parents. The opportunity to be with their mum, their dad, with both parents, is hugely important, and they learn so much from that opportunity.
As a very young teacher in Prescot, I was conscious that three large factories closed down for a period so that the factory workers could have a holiday. It often did not coincide with school holidays. As a school, we were relaxed about that because, again, we thought it important that children should be with their parents. That practice is very limited now. There are not many factories nationwide, but there are some, particularly in the north, that close down for a set period. I hope the amendment is clear that we take cognisance of that in terms of attendance issues.
On Amendment 499, there is not much to say; it speaks for itself. It is correct that all the available attendance information should be complete, accurate and consistent, and that it should always be available to parents.
I beg to move Amendment 426B.
Lord Holmes of Richmond (Con)
My Lords, it is a pleasure to follow the noble Lord, Lord Storey, and to give a nod to his amendment. I rise to speak to my Amendment 499 in this group, the purpose of which is incredibly clear: every child is entitled to an excellent education, but that does not mean that every child should receive the same education. The great joy of being born human is that we are born with rich, bright, beautiful diversity from the moment of entering this human world.
The difficulty with the Bill as set out is that it does not fully appreciate this fact or the difficulties parents have in achieving that excellence of provision for their children. In no sense is that a criticism of anybody in the system. Teachers do tremendous work, day in, day out, often in the most pressing, difficult of circumstances. This amendment is all about recognising the particularity of individual provision—not least for children and young people who may be disabled or have special educational needs—the difficulty for parents in trying to get an EHCP, and the often prohibitive cost involved, even if they can go through that time-consuming and terribly intense process.
The amendment simply asks the Secretary of State to produce a focused, “support-first” attendance code of practice that understands the particularities of those circumstances and that does not have an almost forced presumption that school is necessarily the best and only place for excellent educational provision. As I say, the amendment speaks to children, young people and parents across the piece, but it is often children who are disabled, who have special educational needs, and the parents of those children, who find themselves at the sharpest end of this current situation. That is why Amendment 499 suggests a support-focused, support-first attendance code of practice. I look forward to the Minister’s response.
Lord Wei (Con)
My Lords, I rise in support of Amendment 499, tabled by my noble friend Lord Holmes of Richmond, which would require the Secretary of State to issue a statutory attendance code of practice. I believe this is a modest proposal, yet one that could transform how attendance is enforced and supported across England.
First, I thank my noble friend Lord Lucas for stepping in for me last week, when I was unable to be here due to a family wedding. My own attendance record that day did not pass without comment. In fact, when the Whips discovered that the wedding was taking place on the Tuesday, business seemed to be swiftly and suspiciously rescheduled from Monday to Tuesday. In any case, I was unable to attend, but I am grateful none the less both to colleagues and to the staff of the House for their patience with me. My amendments have been submitted in large numbers, and some were received with humour, others less so, but they all make in their different ways the same point. At their heart lies concern about the overreach of this Bill and the heavy burden it will place on families and already overstretched local authority staff and systems.
Talking about attendance, practice across the country is wildly inconsistent, at present. One parent reported that, in their local authority, they have a 75% chance of being issued with a notice to satisfy, and a 35% chance of receiving a school attendance order. That authority issued 270 notices in a single year to just 320 home-educated children. In other areas, parents face nothing like this. This does not seem like safeguarding to me; it is a postcode lottery, and it is indefensible.
The current approach, regrettably, often defaults to enforcement and sanctions, rather than genuinely seeking to understand and address the underlying reason for unattendance. Over the summer, it was reported that Hampshire County Council had netted £1.6 million in revenue by fining families over the past three years. Government data shows that almost half a million penalty notices were issued last year, an increase of 22% from the previous year. This can exacerbate distress, erode trust between families and schools and, ultimately, fail to secure a child’s right to education.