(1 year ago)
Commons Chamber
Martin Wrigley
I thank the hon. Member for his intervention and will be moving on to that shortly.
I have been impressed by the way that the Ukrainians do not sit back, but get up and get working. In many cases, they have taken jobs way below their qualifications while they learn the language, settle in and find their way. Their children have integrated into schools and set out on paths to GCSE, A-level and degree courses. Despite the fact that they do not have the confidence that they will have a visa that covers the duration of those courses, they are still working hard at them.
I have one guest who is a fully qualified Ukrainian dentist—and we need dentists, especially in Devon. He has done the first part of verifying his qualification for the UK, but it has taken many months and cost £600. However, to become a fully qualified dentist, he needs to spend £4,300 and more time, and the waiting time alone may make that futile, given the short time left on his visa. Another bright young student has started a dentistry qualification at Plymouth University, but she asked me if she would be allowed to stay to finish it. Another family wanted to get a mortgage to buy a house, but they cannot given the time left on their visas. They are brave, inventive and industrious people, and we need to help them by extending their visa scheme.
Amanda Martin (Portsmouth North) (Lab)
Does the hon. Member agree with me that the Homes for Ukraine scheme matters? It is not just an immigration policy; it is about real families who have made a home in our communities. I am particularly thinking of a wonderful couple who came along to my surgery. The woman, who came from Ukraine, is working with a charity and brought her son, and is getting married to one of my constituents on 25 July.
Martin Wrigley
Absolutely.
I would like to give a couple of stories from Ukrainians here. I am keeping an eye on the time. This is from Anya Glebova in north Devon, who is hosted by Julie. I apologise, Madam Deputy Speaker, for using the word “you”. These are her words:
“How do you live during the war? And can a person who has not experienced it understand us? I think not, because I myself did not believe that such a thing is possible in our time. But it turns out it is possible. That morning will remain in my memory for a long time, when I woke up to collect the children for school and a man who was in Odessa called and said that the war had begun, they were shelling us. To say that it was horror would be an understatement, but a completely different life began for us.
Since no one expected this, panic began: empty shelves in stores, lights going out and terrible alarm signals. My children and I went to bed dressed, so that at night during the alarm we could quickly run to the basement where we decided to hide. A suitcase with documents was constantly packed in the basement; there were warm things and blankets. When you hear a rocket, your thoughts are about the children and how to save them. Missile alarms become our daily routine: children playing hear the alarm and run to the basement or to the house where we made a small shelter. My husband was invited to the military registration and enlistment office, and taken to war. We were left alone at home without support and with constant worry.
Why did we decide to move? Because as a mother, I want a peaceful life for my children. I want them to sleep peacefully and study, so that they can see life. When I arrived here, not only the children but also I was afraid when a helicopter flew overhead. We saw a plane overhead when with my son in the garden, and it flew very low. I froze and when I turned around I saw my son, who was sitting by a tree, screaming at me. The horror of war cannot be put into words. It is when you go to sleep and don’t know whether you will wake up. It is when life can end in a minute. This is universal, since every day brought its own experiences, pain and despair. It cannot be described.
My husband made the decision for us to leave Ukraine, probably because he sees much more. For me, it was a difficult step, firstly, to leave my husband without support. He sometimes came home for two days, and it was always a holiday for our family. Secondly, to leave the home where the children grew up, where there were dreams, where every corner has its own story. But the safety of the children came first, so we decided to leave. Not knowing the language and taking a backpack with us, we set off for the UK, where our host Julie met us. A new stage in our lives began.
Thanks to Julie, we gradually got to know, and continued to get to know, the local system. My daughter immediately went to school where she was happily accepted, and she began to meet new classmates. Recently, she saw a plane high in the sky, took a picture and sent it to her father, saying that it was a piece of peaceful sky. My son is preparing to enter college, is studying English and going to the gym. I was almost immediately offered a job, where I work without knowing English. A foreign country, unfamiliar customs, lack of knowledge of the language—all this is covered by the sensitivity and care of people around us. The Ukrainian diaspora supports everyone, learning the language, helping to solve problems and always being in touch. Thank you for giving a peaceful sky to our children!”
(1 year, 1 month ago)
Commons Chamber
Amanda Martin (Portsmouth North) (Lab)
As the Member of Parliament for Portsmouth North, I am proud to speak in support of the Licensing Hours Extensions Bill, which is a sensible and necessary reform to support our struggling hospitality sector and, as we have heard, allow communities to come together during moments of national significance. The Bill gives the Government the power to extend licensing hours across the country for key events, such as royal celebrations, national sporting victories and commemorative days, without the need for venues to go through costly and time-consuming individual applications.
For Portsmouth North, this is more than just a technical measure—it is a lifeline. Across areas such as North End, Drayton, Cosham and Hilsea, we have seen much-loved venues close their doors in recent years, yet some still stand strong at the heart of our communities. Pubs such as the Harvest Home in Copnor, the George in Cosham, the Drayton Tavern in Drayton and the Cross Keys in Paulsgrove, where my mum and dad met, have fought to keep going, despite increased pressures from rising costs, staff shortages and regulatory burdens. For many of these venues, the opportunity to stay open later during special events without additional red tape could mean the difference between a profitable night and another loss.
I want to highlight the role of Casemates Studios in Hilsea. Although primarily a creative space, it supports a range of community events, music gigs and social gatherings. More flexible licensing arrangements will allow places like Casemates to better host local talent and public events tied to national occasions, without the financial or bureaucratic strain that often puts them off even trying. This Bill supports exactly that kind of local, community-led vibrancy. Having spoken with business owners across my constituency, I know how hard they have worked to stay afloat. The Licensing Hours Extensions Bill removes an unnecessary hurdle. It simplifies the process, reduces costs, and gives our hospitality businesses a fair shot at success when it matters most—on those big nights when our country is celebrating.
Let me be clear: this is not about handing out licences indiscriminately. The Bill rightly ensures that local authorities and the police are consulted before any national extension is granted, meaning that residents will still be protected from antisocial behaviour and decisions will reflect the needs of the whole community.
Portsmouth North’s pubs and venues are not just businesses—they are places where people gather, celebrate, mark milestones and find connections. This Bill gives them a boost at a time when many are struggling to keep the lights on. I am pleased to support the Bill, and urge colleagues across the House to do the same for the sake of our local economies, our community spirit and the future of our British pub. As our Lionesses begin their Euros campaign, I wish them our very best.
(1 year, 1 month ago)
Commons ChamberMy right hon. Friend makes powerful points, including about the additional unfunded cost pressures for nursery providers—of course, that argument also extends to regular state-funded schools. The one thing I might quibble with is his statement that this Labour Government came in promising to do so much for education. Actually, the Labour manifesto was rather light on commitments on education. The biggest ones were, first of all, the commitment to roll out mental health support teams to cover all schools in the country. On closer examination, that commitment turns out to be not just similar to, but identical to, the policy of the previous Government, which was to roll out mental health support teams to cover all schools in the country.
The second high-profile commitment was about breakfast clubs. The maths on breakfast clubs are something of a mystery to me, because I have heard Ministers repeatedly say that having a breakfast club is going to save parents £450 a year, but they are reimbursing schools £150 a year. Where is the rest of that money supposed to come from? It is also true that some schools—including some in my constituency—already have a breakfast club that is charged at a reasonable rate, so they will lose revenue from their existing breakfast club. Before anyone says, “You have to think about whether it should be charged for or not,” it is worth remembering that the breakfast club provision that already exists is typically reimbursable for families on universal credit at a rate of up to 85%, to the extent that it is childcare that is enabling parents to go to work.
Then, of course, there is the famous—or infamous—commitment to 6,500 additional teachers. Colleagues might remember that that commitment was going to be paid for by the receipts on VAT from private schools. The Government now say that VAT from private schools is going to pay for housing, not for teachers. It is not clear that that policy is going to raise much revenue to spend on anything, given that the most recent figures show a fall in the number of children at independent schools. Those are the Government’s own figures. [Interruption.] I beg your pardon?
The most recent figures—the Government’s own figures—show a fall of 11,000 in the number of children at independent schools.
Of course, the number of teachers in the state sector is not going up in this country; it is coming down. The Government have tried to have this every possible way. There is a line in their manifesto that is very clear—it comes up more than once. It says that Labour is going to recruit
“6,500 new expert teachers in key subjects”.
When asked repeatedly what key subjects they had in mind, they refused to say. Eventually they said that these teachers will be recruited—I think am I quoting this correctly, but if not absolutely accurately then pretty close—from schools and colleges across the country. Then some numbers came out showing that the number of teachers in primary schools had gone down. Funnily enough, the target was then redefined so that it did not include primary school teachers; it would include only secondary school teachers.
That brings us back to this question: if it is only secondary schools, where teachers have specialist subjects, what are the key subjects that will count towards this number? If the Government just meant any subject, the word “key” would not be there. What do they mean by expert teachers? If they mean simply teachers with qualified teacher status—[Interruption.] I think the Minister might be readying herself to intervene.
Amanda Martin (Portsmouth North) (Lab)
In Portsmouth North, we know that education does not just open doors, but transforms lives. I welcome this Government’s commitment to rebuilding the foundations of the education system.
Before entering this House, I was a teacher, and I have seen at first hand the power that education has to transform individual lives and whole communities, and how Government policy can impact it negatively or positively. In Portsmouth, sadly, that power has often been held back by under-investment, postcode inequality and a lack of opportunity for those outside the traditional academic path.
I am proud that more than 6,500 children in Portsmouth will benefit from Labour’s expansion of free school meals and that teacher pay is rising—by 5.5% last year and 4% this year—recognising the dedication of staff across our schools. Combined with rising attendance and the return of 3 million more school days, that shows that Labour’s plan is working.
It makes me cross when those on the Opposition Benches talk about trade union baron pay rises, when it is actually our teachers, doctors and armed forces who got those long-awaited pay rises, which were denied by the previous Government. It is time those on the Opposition Benches were honest about that. [Interruption.]
Amanda Martin
Children with educational needs in Portsmouth still face long waits and a shortage of school places; families are waiting, and schools are stretched. Can the Minister set out how the Department is working with local authorities to expand high-quality provision in areas such as Portsmouth, and whether the spending review includes targeted capital or revenue support for this area?
If education is to drive growth, skills reform must be front and centre, and I am glad that is part of Labour’s priority. Colleges are central to this. Students and staff at Portsmouth college are eager to do more, but need the right investment. Ambition is vital, because the role of education is not just social, but economic. The spending review must be understood as part of the wider industrial strategy that Labour is delivering. Skills reform, youth hubs and the creation of Skills England are vital tools to align training with the future of our jobs, and the Department must ensure that schools, colleges and businesses are integrated into this strategy.
We also need to get serious about apprenticeships—not just for school leavers, but for older learners and those changing careers. We need to talk about access, because apprenticeships must work for everybody. I have heard from constituents in their 20s and 30s and beyond who want to reskill, but cannot afford the drop in income. Although it may seem radical, I wonder whether the Minister would consider a means-tested apprenticeship loan system similar to student finance with an automated repayment tied into income above the living wage. That kind of support could transform access for working parents, carers and those who want to change their career.
As a Government Member and a member of the Education Committee, I am proud of the Government’s work. The spending review lays solid foundations, but there is a long way to go. Portsmouth North is a place of talent, determination and potential. Labour’s plan is already delivering change, but if we truly want an economy built on skills and a society built on fairness, we must keep pushing forward.
(1 year, 1 month ago)
Commons Chamber
Amanda Martin (Portsmouth North) (Lab)
I thank my hon. Friend the Member for Southampton Itchen (Darren Paffey) and I praise Nessa for her tireless campaigning.
As a former teacher who taught swimming in my NQT—newly qualified teacher—year, as a mum of three young men who are all confident swimmers, and as the MP for Portsmouth’s coastal community where water is a part of daily life, I know just how vital water safety education is. Every child should not only learn how to swim, but understand how to stay safe around water. As has been said today, warn and inform. That is why I welcome Labour’s continued commitment to the PE and sport premium, with £320 million for 2025-26, which schools can use for teacher training and to top-up swimming lessons.
Labour’s new Children’s Wellbeing and Schools Bill will mean that all state-funded schools, including academies, will be required to deliver the national curriculum, which will include swimming and water safety. In addition, the interim report from Labour’s curriculum assessment review recognises the urgent need to rebalance priorities, especially in PE for our older pupils. However, if we are to teach children to swim, we need to ensure we have access to facilities—affordable facilities—in which to have lessons. I am pleased that Hilsea Lido is having a revamp for local use, but we need to help schools work with local facilities, be they private or council, to ensure that pools and transport are a real option and are really affordable.
I also want to echo the praise for, and the promotion of, the Royal Life Saving Society for the work it is doing to help to educate us. Its resources are brilliant and there is no need to reinvent the wheel. I have seen the great work of my local National Independent Lifeboat Association. Alongside Portsmouth RNLI lifeboat and lifeguards, Portsmouth Southsea Voluntary Lifeguards and our local police and fire services, they all go the extra mile.
Raising awareness helps inform and warn, but it needs to be put into practice to save lives. As my hon. Friend the Member for West Ham and Beckton (James Asser) noted, I also remember the childhood public service broadcasts some 40 years ago. They do work, and it would be a great and positive use of our online media platforms. In Portsmouth North, where children live near the sea, ponds, shorelines and marshes, these reforms to water safety education and swimming are not optional, but essential. I fully support the Government’s steps to ensure that every child leaves school with essential lifesaving water skills. I fully support the extra calls from my hon. Friend the Member for Southampton Itchen. I pledge to work with him and others on behalf of our constituents to make a national strategy for water safety a reality for our kids and for all our communities.
(1 year, 4 months ago)
Commons Chamber
Amanda Martin (Portsmouth North) (Lab)
As a former teacher, I know at first hand the importance of safeguarding and ensuring that every child has the opportunity to thrive, regardless of their background or circumstances. That is why I wholeheartedly welcome and want to talk about new clauses 18 to 22, focusing on corporate parenting. They represent a vital step in protecting vulnerable children and enhancing their overall wellbeing.
These amendments shift the responsibility for the welfare of children, particularly those in care or at risk, from being solely a single-agency duty to a much-needed collective duty on local authorities, social services, healthcare providers and educational agencies. My hon. Friends the Members for Hitchin (Alistair Strathern), and for Southampton Itchen (Darren Paffey), eloquently spoke about that, giving examples from roles that they held before coming to this place. The idea of corporate parenting is that services and agencies must come together to act in the best interests of children, much as a parent would. They are tasked with ensuring that children receive the care, protection and opportunities that they need to grow, thrive and reach their full potential.
As a teacher, I saw at first hand how crucial it is for agencies to work together. A child’s welfare needs are not confined to those that arise in the classroom; we need to provide them with a holistic support system that addresses their physical, emotional and psychological needs. These new clauses will strengthen the Bill and create an integrated approach in which services collaborate and share vital information to support children. That will reduce duplication of work, minimise silo working, and ensure that children are not ignored.
When it comes to accessing mental health services, education, housing and medical care, no child should fall through the cracks. Every child deserves to have their needs met, and this Bill will ensure that all agencies involved are jointly responsible for making that happen. This landmark reform to child safeguarding means no more empty words about lessons to be learned. Instead, we have real action, and a Government who are taking responsibility.
The need for these changes is clear. We have seen far too often the tragic consequences of systems failing to collaborate or act quickly enough. Cases such as that of Victoria Climbié, a young girl who suffered horrifically at the hands of her guardians, despite being in contact with multiple child protection agencies, highlight the devastating outcomes of such failures. Similarly, the case of Baby P, or Peter Connelly, is a heart-wrenching reminder that even children who are known to authorities can fall victim to abuse when systems do not work as they should. The hon. Member for Woking (Mr Forster) spoke about his constituent Sara Sharif. Sadly, these are just a few of the tragedies that should never have happened.
While we cannot change the past, we can and must ensure that we never allow such failures to happen again. New clauses 18 to 22 aim to prevent more children from being let down by the system. By making local authorities and agencies more accountable, the Bill ensures that there is a shared responsibility for every child. It is about creating a proactive, rather than reactive, system of child protection. Like my hon. Friend the Member for Southampton Itchen, I would welcome examples of good practice in corporate care, and for the Government to explore this issue.
We all know that children who have the support that they need are more likely to succeed. I have witnessed small interventions, whether from a teacher, a social worker or a healthcare professional, making a world of difference to a child’s life. Joining up these sometimes small but often life-changing interventions can only enhance them. The new clauses are about ensuring that such interventions are not isolated, but are part of a larger picture, so that there are co-ordinated efforts to meet the needs of every child, especially the most vulnerable. I thank all Members for their passionate and informed speeches today, particularly those from Labour Members. As my hon. Friend the Member for Mitcham and Morden (Dame Siobhain McDonagh) said, we see the concerns and plight of the children in our constituencies at first hand.
In conclusion, the Children’s Wellbeing and Schools Bill marks a significant shift in how we safeguard children. The holistic, co-ordinated approach outlined in the Bill, particularly in clauses 18 to 23, offers the best chance in years to create a safer and more supportive environment for our children. Now is our opportunity to build a system in which every child is truly protected and given the support that they deserve. A vote against the Bill is a vote against the safety of our children, their childhood and their future. It would mean more words and inaction, and would shamefully allow children to continue to slip through the cracks and be let down. I urge all hon. Members to use their vote to pass this landmark reform and safeguard all children, so that they not only survive but thrive.
Bobby Dean (Carshalton and Wallington) (LD)
I rise to speak in favour of new clause 35 and amendment 174, both in my name, as well as the amendments tabled by my hon. Friend the Member for Twickenham (Munira Wilson).
The Corporate Parenting Forum was one of the more enjoyable committees I was on when I was a local councillor. I agree with the hon. Member for Southampton Itchen (Darren Paffey) that the forum has quite a cold name, given all the warm work that it does. It shows the dedication of social workers, the compassion of foster carers and adoptive parents, and the resilience and character of the children. However, anyone involved in that forum would also have seen that the hard work of those involved was often undermined by a system that held people back from caring to the best of their ability.
I am pleased that the Bill will make significant progress in that regard. However, there are areas where it could go further, and I intend to speak about a couple of them. One area of particular interest to me is the so-called care cliff edge. Those leaving the care system at 18 are forced to grow up so much faster than their peers. I have raised the issue on the Floor of the House before—in particular the age differential for universal credit. That impacts young care leavers far more than any other group.
The Bill seeks to lessen the care cliff edge. The “staying close” support requirements are of particular of interest to me, as is strengthening the support provided up to the age of 25. However, there is an anomaly on housing. I understand that the Government may accept that care leavers should not be regarded as becoming homeless intentionally, but my new clause 35 would go a step further and extend priority need status under the homelessness legislation to all care leavers up to the age of 25, regardless of all assessed vulnerabilities. The Bill provides that status to young care leavers aged 18 to 20, but that is out of line with the rest of the support available to young care leavers. Given all we know about the vulnerabilities of care leavers, which have been spoken about in the Chamber today, we should not put them in a position where they have to prove their vulnerability at that crucial crisis point.
Last Friday, I was at a homeless shelter in my constituency. I met a young carer who had spent eight months in a tent prior to arriving at the shelter. He told me the story of how that happened. He had been in supported accommodation before the age of 18, but that home shut down just as he reached the age of 18, so his transition plan was completely undermined in a moment. He bounced about from place to place for the following few years. He has now reached the crucial age of 25, but he has not received the support he needed in the last few years. New clause 35 could help rescue people like him in the future.
My other area of interest is kinship care. I must admit that I had not heard of kinship care until a few years ago, but I grew up in kinship care. I was the eldest of three boys. My mum had me at 19, and times got pretty tough as a teenager. Things boiled over, and eventually the relationship with my parents broke down. I left home and I never went back. As cocky as I was at 14 or 15 years old, I could not have lived on my own. but luckily my grandparents stepped up to take me on. My Nan and Pops, as I knew them, helped pick up the pieces and put me back on the straight and narrow. I went from being a boy who had started to fall behind in school and drink a bit down the park, to slowly taking my education more seriously and getting my act together.
If it had not been for my grandparents, I am pretty sure that I would not be sitting on these green Benches today. It was not easy for them, though: they were on a state pension, lived in a council house and did not have a lot to give, but what they did have to give was love, guidance and support. Crucially, that was accepted readily by me because they already had my trust and respect, and they had authority over me because they were my grandparents. That is the real power of keeping care within the family. There are bonds that are ready made, which is difficult to replicate in any other form of care, and they provide the foundation that children need to thrive. I acknowledge that the Bill is groundbreaking on kinship care, but we have so few opportunities to make change in this area, and I am determined to get it right the very first time.
My hon. Friend the Member for Twickenham has tabled amendments on kinship care leave, kinship allowances, extending the pupil premium and prioritising school admission arrangements, all of which I have put my name to. I strongly hope that the Government can find a way to support those amendments. I have also tabled amendment 174, which would ensure that kinship families are actively engaged in shaping and forming the local authority policies that are outlined in the legislation, as families are in developing policies for children with special educational needs. The simple principle is: nothing about us without us. Kinship is a particularly complex form of care. The relationships have history. We need to appreciate the special nuances, and listen to kinship carers when developing policy. We must ensure that the authorities hear the voice of kinship families when designing the system to support them.
I wish that my grandparents had lived long enough to see me take my place on these Benches; they would have been very proud. I hope today that we can begin to say thank you to them, and to the thousands of kinship carers like them, by working towards the strongest possible rights and support.
(1 year, 6 months ago)
Public Bill CommitteesYes, of course; we are legislating, and that is the case. It is also the case that, in my experience in Committee, the Government side never just accept an amendment put forward by the Opposition or another opposition party—or indeed by their own Back Benchers. If that has ever happened in modern history, it has yet to come across my bows. What we do is we debate what we are trying to do. If the new clause—which was drafted with expert help from the House of Commons—was accepted by the Government, as I very much hope it will be, they would without doubt say, “Oh, well, you need to change this, that and the other, and we’d do it slightly differently.” They would then bring forward their own Government new clause, and we would then vote on that on Report. We can have an elongated discussion about this, but I would rather just get to the end of what I was going to say about banning mobile phones in schools, and then—I believe I am right in saying—the hon. Lady may also speak. That is probably the easiest way to do it.
The increasing mental ill health of children and young people should be a matter of very serious concern for all of us. We should remember that it is something that is mirrored in other countries as well. Now, it is entirely scientifically invalid to infer from a correlation of two things—the increasing prevalence of social media and electronica, and the increasing prevalence of mental ill health—that one caused the other. Even if we cannot find any other potential cause that would have affected all those countries in the same way over the same timeframe, it is still scientifically invalid to directly infer causality. Logic has its limits, and I know a few people who seriously contest the idea that the spread and use of, and the very high amounts of time devoted to, mobile phones and social media has been a significant causal factor in that.
There are lots of different ways that one might address that and there are lots of things going on. The Online Safety Act 2023 was a landmark piece of legislation, and how it now gets implemented by Ofcom is very important. There is also the private Member’s Bill from the hon. Member for Whitehaven and Workington (Josh MacAlister)—I think he became a Parliamentary Private Secretary overnight, so we hope there is still a good future for that private Member’s Bill. That is one part of what is going on. I also mentioned Australia, where there is a ban of some type to come in.
The school phones ban also plays a part. To be clear, it is not a ban on children carrying a mobile phone of any sort, brand or functionality to and from home and school. Nor does it preclude children who need to use a phone because of special educational needs, medical conditions, monitoring requirements or some other reasons from carrying one. Those things can be determined locally by the school. It is not a panacea—far from it—but it will make a difference in schools.
It is often said that mobile phones are already banned in the vast majority of schools, so a ban is not needed and will not have any effect. That is true to an extent. There are virtually no schools without policy. Clearly no one is allowed to whip out a phone and make a call in the middle of a maths lesson—in fact, we never actually see teenagers use a phone to make a call—and there are going to be some rules to some extent. In the Internet Matters survey, 43% of schools reported having an “out of sight” policy. It is true that lots of schools allow phone use in breaks and at lunch—I know that because I visited a lot of schools where kids had been using their phones in breaks and at lunch.
There is sometimes a bit of a hierarchy in how people assess these bans. One gets a slightly different assessment of the situation from Ministers, headteachers, classroom teachers and kids. According to the Youth Endowment Fund survey, which is huge—I think it surveys 7,500 13 to 17-year-olds—53% of children said they used mobile phones in break times, and one in six said they used their phone in lessons.
Having a national policy does not solve everything—kids still break rules sometimes—but it does make it easier for everyone. As I say, it does not preclude carrying a phone to and from school, and it does not preclude children with whatever additional needs from carrying them, but it supports leaders and teachers in what they are doing. It also makes it clear to parents that they cannot contact children during the school day—they can, but they do so through the school office, just as would have been the case in the old days. As my hon. Friend the Member for Harborough, Oadby and Wigston said, a national policy would set a firm norm.
More widely, the Government will have to return again and again to all the issues around online safety, social media use and the use of electronics, and they must study the mental health aspects in more detail. However, I suggest that, pending proof—the smoking example speaks to this—it is necessary to take a precautionary approach. When we put things in the hands of children, we tend not to say, “Let’s wait to see if it’s dangerous”; we test them first to make sure they are safe. I hope also that the Minister can speak with colleagues in the Department of Health and Social Care about the provision of more NHS guidance on safe and reasonable levels of mobile phone use for children’s early brain development.
I have gone on a long time, and much longer than I anticipated. I will stop there.
Amanda Martin (Portsmouth North) (Lab)
I thank the right hon. Gentleman for his comments.
We have spent a great deal of time in Committee hearing from Opposition Members about autonomy: headteachers’ autonomy, school autonomy, and school leaders knowing exactly what is best for their pupils and communities. Subsection (2)(b) of the new clause states that the policy
“is to be implemented as the relevant school leader considers appropriate”,
but that means that the school leader could choose not to ban mobile phones for anybody in their school; there are exemptions, and they could decide that that is what they need. But that was not what I was going to talk about.
The use of mobile phones in schools should be decided at school level. It should reflect school values, processes and procedures, and not be decided in a directive or legislation from Government. Deciding it at school level would allow for the reasonable use of phones and technology, and it would allow for a balanced approach to technology. It could involve the school community in a discussion about what the phones and technology are being used for—a simple ban would not do that—and could include conversations about digital wellness and promoting healthier relationships, both offline and online, and a healthy approach to using technology at school, in the workplace and in the wider world. If we banned kids from using phones in school, we probably should ban people in their offices and in meetings from using them, because they do not pay attention either. Given how often we look up and see people not even bothering, how on earth can children learn while using mobile phones and technology in a measured and supportive way?
I want to draw the Committee’s attention to the Birmingham study from February, which was mentioned previously. It found that banning smartphones in schools did not directly improve student academic performance or mental health. However, that research indicated that excessive phone use correlates with negative outcomes, yet there were no significant differences between the kids who had bans in their school and those who did not. It is about the wider picture, which has been talked about. I also draw the Committee’s attention to a survey conducted in November 2024 of over 1,000 teachers. One in five believed that a school-wide ban would not improve the relationships and attainment levels of children, and 41% agreed that they used smartphones as a teaching tool within their classrooms.
The hon. Lady talks about the use of pupils’ own smartphones as a teaching tool in class. Does she have any worries about the equity of that? What happens to the kids who do not have smartphones in those situations?
Amanda Martin
That is a good point. Although we have to resource our schools properly to ensure appropriate iPads and computers that can be used, we would not want the situation the hon. Member described to continue either. We must ensure that schools are resourced.
We have talked about disruption in classrooms, and 20% of teachers said that the unauthorised use of mobile phones was one of the main causes. However, chatter and not sitting still accounted for 80% and 75% respectively, and disrespect to other pupils was much higher than the use of mobile phones. When asked whether a whole-school ban would improve learning, 18% felt that it would, but actually 57% felt that a class size reduction would improve behaviour much more. We need to give our schools the autonomy to have that conversation with their communities and to involve their students. We have student councils and we have parent groups, and we must involve them in the conversations on mobile phone use in schools so that we can teach digital wellness now and for the future.
Catherine Atkinson
Call me a lawyer—that increasingly seems to be a term of abuse in this place—but I want to be clear that voting for this new clause would be voting to enable the banning of adults, including staff, parents and visitors, from using and carrying mobile phones in schools. I thought that scrutinising line by line was literally our job in this Committee.
(1 year, 6 months ago)
Public Bill Committees
Darren Paffey (Southampton Itchen) (Lab)
I pay huge tribute to my hon. Friend the Member for Derby North for her frankly masterful navigation through the facts. This moment demands the facts—not misrepresentation and the dismissal of previous inquiries, but the gravitas and experience that she has brought to the debate. I believe that has kept the Committee on the track that it is meant to be on.
I simply make the observation against the new clause that this Bill and this moment require leadership. Leadership looks like getting on with making the changes that we have heard about in great detail. The subject has already been thoroughly and fully investigated, with recommendations made by a leading expert. It is time to make those changes to our country, to our law and to our services, first, to allow us to reflect on the past, and the report does that, and, secondly, so that we can get on with catching those who continue to do such things—and that is the horror of it. We are not just talking about something historical. Without doubt, such things are going on as we speak.
It is time to ensure that the whole of Government work together so that our law enforcement agencies are resourced to catch those who perpetrate such disgusting crimes. Crucially, this is the moment to ensure that we prevent them happening in the future. Several of the report’s 20 recommendations are already in train and implementation should be the absolute priority.
That is what leading looks like at this moment, but when it comes to following I am afraid that I agree with the observation made by the hon. Member for North Herefordshire. Some people have become a little bedazzled by social media suggestion and innuendo from certain individuals, wherever they are in the world. Opposition Members should be honest about it: such individuals have absolutely no genuine interest in the victims whose sufferings are known, but have their own political agenda to follow. They use their social media platform to do that, and none of it moves us any closer to doing what we need to do, which is to reflect, to catch the criminals and to prevent such crimes in future.
Those who are able to separate fact from trend will know that the urgent priority at this moment, as my hon. Friend the Member for Derby North so thoughtfully set out, is to act. Anything that becomes a distraction from that should not be supported.
Amanda Martin (Portsmouth North) (Lab)
I want to start by agreeing with my hon. Friend the Member for Southampton Itchen that leadership and action are needed. Indeed, leadership and action were needed three years ago in February 2022 when the IICSA report came out. I thank my hon. Friend the Member for Derby North for her knowledgeable insights and her forensic examination of the Bill, the recommendations and the report. I will spend a moment establishing for the record what exactly those 20 recommendations are asking for, which we as a Government have committed to implementing in full—albeit three years too late for some victims.
Let me list the headings of the report. The first is on a mandatory aggravating factor for CSE offences. The second is on statutory guidance on preventing CSE. The third is on data collection and analysis, and establishing a national database. The fourth is about strengthening the criminal justice response. The fifth is about training for professionals and requiring mandatory training for all professionals working with children, including social workers, police and healthcare staff, to help them recognise the signs of exploitation and act accordingly. The sixth is about a national framework for support, and developing a national framework for services to ensure that appropriate support is available for victims. The seventh is about supporting victims and improving the availability and accessibility of specialised support services for victims. The eighth concerns tailored responses to CSE victims, ensuring authorities provide a tailored response to the specific needs of children who are victims. The ninth is about launching a national public awareness campaign to raise awareness of CSE, educating the public and reducing the stigma that surrounds the victims. The 10th is to strengthen safeguarding in schools and introduce better protocols. The 11th is about tackling perpetrators of CSE, strengthening law enforcement’s abilities to target them. The 12th is for a Government review of safeguarding systems, conducting a review of the national safeguarding system to ensure current measures are sufficiently robust to address child sexual exploitation and victims. The 13th is to ensure adequate local authority resources. The 14th concerns independence for local safeguarding boards. The 15th recommends a review of the placement of settings for vulnerable children. The 16th calls for a stronger legal framework for CSE. The 17th is about increasing the use of risk assessment tools. The 18th is about rehabilitation and reintegration services. The 19th is on specialised support for parents and families and the 20th on a regular review of local authority practices. Each one of those 20 recommendations has the victims at its heart.
I am grateful to my hon. Friends the Members for Bournemouth East, for Derby North, for Southampton Itchen and for Portsmouth North, and to the hon. Member for North Herefordshire, for their thoughtful and measured contributions on this incredibly challenging issue. The Prime Minister has made clear that as a Government we are focused on delivering the change and justice that victims deserve.
On 7 January, the Home Secretary outlined in Parliament commitments to introduce a mandatory duty for those engaging with children to report sexual abuse and exploitation, making grooming an aggravating factor to toughen up sentencing and introduce a new performance framework for policing.
On 16 January, the Home Secretary made a further statement to the House that before Easter the Government will lay out a clear timetable for taking forward the 20 recommendations in the final IICSA report, which my hon. Friend the Member for Portsmouth North powerfully set out. All of those recommendations were for the Home Office, including on disclosing and barring, and work on them is already under way.
The Government will implement all the remaining recommendations in IICSA’s separate stand-alone report on grooming gangs from February 2022, and as part of that we will update key Department for Education guidance. As the Home Secretary states, a cross-Government ministerial group is considering and working through the remaining recommendations, and that group will be supported by a new victims and survivors panel.
Other measures that the Government are taking forward include the appointment of Baroness Casey to lead a rapid audit of existing evidence on grooming gangs, to support a better understanding of the current scale and nature of gang-based exploitation across the country and to make recommendations on the further work needed; extending the remit of the independent Child Sexual Abuse Review Panel so that it covers not just historical cases, from before 2013, but all cases since, so that any victim of abuse will have a right to seek an independent review without having to go back to local institutions that decided not to proceed with their case; and providing stronger national backing for local inquiries by providing £5 million of funding to help local councils to set up their own reviews. Working in partnership with Tom Crowther KC, the Home Office will develop a new effective framework for victim-centred, locally led inquiries.
(1 year, 6 months ago)
Public Bill CommitteesYes, of course; we are legislating, and that is the case. It is also the case that, in my experience in Committee, the Government side never just accept an amendment put forward by the Opposition or another opposition party—or indeed by their own Back Benchers. If that has ever happened in modern history, it has yet to come across my bows. What we do is we debate what we are trying to do. If the new clause—which was drafted with expert help from the House of Commons—was accepted by the Government, as I very much hope it will be, they would without doubt say, “Oh, well, you need to change this, that and the other, and we’d do it slightly differently.” They would then bring forward their own Government new clause, and we would then vote on that on Report. We can have an elongated discussion about this, but I would rather just get to the end of what I was going to say about banning mobile phones in schools, and then—I believe I am right in saying—the hon. Lady may also speak. That is probably the easiest way to do it.
The increasing mental ill health of children and young people should be a matter of very serious concern for all of us. We should remember that it is something that is mirrored in other countries as well. Now, it is entirely scientifically invalid to infer from a correlation of two things—the increasing prevalence of social media and electronica, and the increasing prevalence of mental ill health—that one caused the other. Even if we cannot find any other potential cause that would have affected all those countries in the same way over the same timeframe, it is still scientifically invalid to directly infer causality. Logic has its limits, and I know a few people who seriously contest the idea that the spread and use of, and the very high amounts of time devoted to, mobile phones and social media has been a significant causal factor in that.
There are lots of different ways that one might address that and there are lots of things going on. The Online Safety Act 2023 was a landmark piece of legislation, and how it now gets implemented by Ofcom is very important. There is also the private Member’s Bill from the hon. Member for Whitehaven and Workington (Josh MacAlister)—I think he became a Parliamentary Private Secretary overnight, so we hope there is still a good future for that private Member’s Bill. That is one part of what is going on. I also mentioned Australia, where there is a ban of some type to come in.
The school phones ban also plays a part. To be clear, it is not a ban on children carrying a mobile phone of any sort, brand or functionality to and from home and school. Nor does it preclude children who need to use a phone because of special educational needs, medical conditions, monitoring requirements or some other reasons from carrying one. Those things can be determined locally by the school. It is not a panacea—far from it—but it will make a difference in schools.
It is often said that mobile phones are already banned in the vast majority of schools, so a ban is not needed and will not have any effect. That is true to an extent. There are virtually no schools without policy. Clearly no one is allowed to whip out a phone and make a call in the middle of a maths lesson—in fact, we never actually see teenagers use a phone to make a call—and there are going to be some rules to some extent. In the Internet Matters survey, 43% of schools reported having an “out of sight” policy. It is true that lots of schools allow phone use in breaks and at lunch—I know that because I visited a lot of schools where kids had been using their phones in breaks and at lunch.
There is sometimes a bit of a hierarchy in how people assess these bans. One gets a slightly different assessment of the situation from Ministers, headteachers, classroom teachers and kids. According to the Youth Endowment Fund survey, which is huge—I think it surveys 7,500 13 to 17-year-olds—53% of children said they used mobile phones in break times, and one in six said they used their phone in lessons.
Having a national policy does not solve everything—kids still break rules sometimes—but it does make it easier for everyone. As I say, it does not preclude carrying a phone to and from school, and it does not preclude children with whatever additional needs from carrying them, but it supports leaders and teachers in what they are doing. It also makes it clear to parents that they cannot contact children during the school day—they can, but they do so through the school office, just as would have been the case in the old days. As my hon. Friend the Member for Harborough, Oadby and Wigston said, a national policy would set a firm norm.
More widely, the Government will have to return again and again to all the issues around online safety, social media use and the use of electronics, and they must study the mental health aspects in more detail. However, I suggest that, pending proof—the smoking example speaks to this—it is necessary to take a precautionary approach. When we put things in the hands of children, we tend not to say, “Let’s wait to see if it’s dangerous”; we test them first to make sure they are safe. I hope also that the Minister can speak with colleagues in the Department of Health and Social Care about the provision of more NHS guidance on safe and reasonable levels of mobile phone use for children’s early brain development.
I have gone on a long time, and much longer than I anticipated. I will stop there.
Amanda Martin (Portsmouth North) (Lab)
I thank the right hon. Gentleman for his comments.
We have spent a great deal of time in Committee hearing from Opposition Members about autonomy: headteachers’ autonomy, school autonomy, and school leaders knowing exactly what is best for their pupils and communities. Subsection (2)(b) of the new clause states that the policy
“is to be implemented as the relevant school leader considers appropriate”,
but that means that the school leader could choose not to ban mobile phones for anybody in their school; there are exemptions, and they could decide that that is what they need. But that was not what I was going to talk about.
The use of mobile phones in schools should be decided at school level. It should reflect school values, processes and procedures, and not be decided in a directive or legislation from Government. Deciding it at school level would allow for the reasonable use of phones and technology, and it would allow for a balanced approach to technology. It could involve the school community in a discussion about what the phones and technology are being used for—a simple ban would not do that—and could include conversations about digital wellness and promoting healthier relationships, both offline and online, and a healthy approach to using technology at school, in the workplace and in the wider world. If we banned kids from using phones in school, we probably should ban people in their offices and in meetings from using them, because they do not pay attention either. Given how often we look up and see people not even bothering, how on earth can children learn while using mobile phones and technology in a measured and supportive way?
I want to draw the Committee’s attention to the Birmingham study from February, which was mentioned previously. It found that banning smartphones in schools did not directly improve student academic performance or mental health. However, that research indicated that excessive phone use correlates with negative outcomes, yet there were no significant differences between the kids who had bans in their school and those who did not. It is about the wider picture, which has been talked about. I also draw the Committee’s attention to a survey conducted in November 2024 of over 1,000 teachers. One in five believed that a school-wide ban would not improve the relationships and attainment levels of children, and 41% agreed that they used smartphones as a teaching tool within their classrooms.
The hon. Lady talks about the use of pupils’ own smartphones as a teaching tool in class. Does she have any worries about the equity of that? What happens to the kids who do not have smartphones in those situations?
Amanda Martin
That is a good point. Although we have to resource our schools properly to ensure appropriate iPads and computers that can be used, we would not want the situation the hon. Member described to continue either. We must ensure that schools are resourced.
We have talked about disruption in classrooms, and 20% of teachers said that the unauthorised use of mobile phones was one of the main causes. However, chatter and not sitting still accounted for 80% and 75% respectively, and disrespect to other pupils was much higher than the use of mobile phones. When asked whether a whole-school ban would improve learning, 18% felt that it would, but actually 57% felt that a class size reduction would improve behaviour much more. We need to give our schools the autonomy to have that conversation with their communities and to involve their students. We have student councils and we have parent groups, and we must involve them in the conversations on mobile phone use in schools so that we can teach digital wellness now and for the future.
Catherine Atkinson
Call me a lawyer—that increasingly seems to be a term of abuse in this place—but I want to be clear that voting for this new clause would be voting to enable the banning of adults, including staff, parents and visitors, from using and carrying mobile phones in schools. I thought that scrutinising line by line was literally our job in this Committee.
(1 year, 6 months ago)
Public Bill Committees
Darren Paffey (Southampton Itchen) (Lab)
I pay huge tribute to my hon. Friend the Member for Derby North for her frankly masterful navigation through the facts. This moment demands the facts—not misrepresentation and the dismissal of previous inquiries, but the gravitas and experience that she has brought to the debate. I believe that has kept the Committee on the track that it is meant to be on.
I simply make the observation against the new clause that this Bill and this moment require leadership. Leadership looks like getting on with making the changes that we have heard about in great detail. The subject has already been thoroughly and fully investigated, with recommendations made by a leading expert. It is time to make those changes to our country, to our law and to our services, first, to allow us to reflect on the past, and the report does that, and, secondly, so that we can get on with catching those who continue to do such things—and that is the horror of it. We are not just talking about something historical. Without doubt, such things are going on as we speak.
It is time to ensure that the whole of Government work together so that our law enforcement agencies are resourced to catch those who perpetrate such disgusting crimes. Crucially, this is the moment to ensure that we prevent them happening in the future. Several of the report’s 20 recommendations are already in train and implementation should be the absolute priority.
That is what leading looks like at this moment, but when it comes to following I am afraid that I agree with the observation made by the hon. Member for North Herefordshire. Some people have become a little bedazzled by social media suggestion and innuendo from certain individuals, wherever they are in the world. Opposition Members should be honest about it: such individuals have absolutely no genuine interest in the victims whose sufferings are known, but have their own political agenda to follow. They use their social media platform to do that, and none of it moves us any closer to doing what we need to do, which is to reflect, to catch the criminals and to prevent such crimes in future.
Those who are able to separate fact from trend will know that the urgent priority at this moment, as my hon. Friend the Member for Derby North so thoughtfully set out, is to act. Anything that becomes a distraction from that should not be supported.
Amanda Martin (Portsmouth North) (Lab)
I want to start by agreeing with my hon. Friend the Member for Southampton Itchen that leadership and action are needed. Indeed, leadership and action were needed three years ago in February 2022 when the IICSA report came out. I thank my hon. Friend the Member for Derby North for her knowledgeable insights and her forensic examination of the Bill, the recommendations and the report. I will spend a moment establishing for the record what exactly those 20 recommendations are asking for, which we as a Government have committed to implementing in full—albeit three years too late for some victims.
Let me list the headings of the report. The first is on a mandatory aggravating factor for CSE offences. The second is on statutory guidance on preventing CSE. The third is on data collection and analysis, and establishing a national database. The fourth is about strengthening the criminal justice response. The fifth is about training for professionals and requiring mandatory training for all professionals working with children, including social workers, police and healthcare staff, to help them recognise the signs of exploitation and act accordingly. The sixth is about a national framework for support, and developing a national framework for services to ensure that appropriate support is available for victims. The seventh is about supporting victims and improving the availability and accessibility of specialised support services for victims. The eighth concerns tailored responses to CSE victims, ensuring authorities provide a tailored response to the specific needs of children who are victims. The ninth is about launching a national public awareness campaign to raise awareness of CSE, educating the public and reducing the stigma that surrounds the victims. The 10th is to strengthen safeguarding in schools and introduce better protocols. The 11th is about tackling perpetrators of CSE, strengthening law enforcement’s abilities to target them. The 12th is for a Government review of safeguarding systems, conducting a review of the national safeguarding system to ensure current measures are sufficiently robust to address child sexual exploitation and victims. The 13th is to ensure adequate local authority resources. The 14th concerns independence for local safeguarding boards. The 15th recommends a review of the placement of settings for vulnerable children. The 16th calls for a stronger legal framework for CSE. The 17th is about increasing the use of risk assessment tools. The 18th is about rehabilitation and reintegration services. The 19th is on specialised support for parents and families and the 20th on a regular review of local authority practices. Each one of those 20 recommendations has the victims at its heart.
I am grateful to my hon. Friends the Members for Bournemouth East, for Derby North, for Southampton Itchen and for Portsmouth North, and to the hon. Member for North Herefordshire, for their thoughtful and measured contributions on this incredibly challenging issue. The Prime Minister has made clear that as a Government we are focused on delivering the change and justice that victims deserve.
On 7 January, the Home Secretary outlined in Parliament commitments to introduce a mandatory duty for those engaging with children to report sexual abuse and exploitation, making grooming an aggravating factor to toughen up sentencing and introduce a new performance framework for policing.
On 16 January, the Home Secretary made a further statement to the House that before Easter the Government will lay out a clear timetable for taking forward the 20 recommendations in the final IICSA report, which my hon. Friend the Member for Portsmouth North powerfully set out. All of those recommendations were for the Home Office, including on disclosing and barring, and work on them is already under way.
The Government will implement all the remaining recommendations in IICSA’s separate stand-alone report on grooming gangs from February 2022, and as part of that we will update key Department for Education guidance.[Official Report, 3 March 2025; Vol. 763, c. 3WC.] (Correction) As the Home Secretary states, a cross-Government ministerial group is considering and working through the remaining recommendations, and that group will be supported by a new victims and survivors panel.
Other measures that the Government are taking forward include the appointment of Baroness Casey to lead a rapid audit of existing evidence on grooming gangs, to support a better understanding of the current scale and nature of gang-based exploitation across the country and to make recommendations on the further work needed; extending the remit of the independent Child Sexual Abuse Review Panel so that it covers not just historical cases, from before 2013, but all cases since, so that any victim of abuse will have a right to seek an independent review without having to go back to local institutions that decided not to proceed with their case; and providing stronger national backing for local inquiries by providing £5 million of funding to help local councils to set up their own reviews. Working in partnership with Tom Crowther KC, the Home Office will develop a new effective framework for victim-centred, locally led inquiries.
(1 year, 6 months ago)
Public Bill CommitteesI rise to speak to amendment 90 and clauses 48 and 49. The clauses aim to strengthen local authorities’ existing powers to direct a school to admit a child and provide a more robust safety net for vulnerable children by ensuring that school places can be secured for them more quickly and efficiently when the usual admissions processes fall short.
Amendment 90 seeks to require the Secretary of State to publish statutory guidance as to how local authorities may exercise their direction powers impartially and in the best interests of children and young people. I note the concerns of the hon. Members that this new power may give rise to conflicts of interests in local authorities’ dealings with the schools that they maintain and those that they do not. I also agree that it is important that local authorities exercise their direction powers appropriately and in the best interests of children and young people.
I reassure hon. Members that legislation, as well as the school admissions code, already sets out mandatory requirements as to how local authorities may exercise their direction powers. They are intended for use only as a last resort and may only be used where admissions cannot be secured through the usual processes. To ensure that decisions are made in the best interests of a child, section 96 of the School Standards and Framework Act 1998 already requires local authorities to ensure that they choose a school that is within a reasonable distance of a child’s home and provides education suitable to their age, ability, aptitude and any specific educational needs that the child may have.
Furthermore, in considering which school to place the child, there are several other factors that local authorities are already required to take into consideration. For example, local authorities are unable to direct a school from which the child has been permanently excluded, or if it would mean that the school would have to take measures to avoid breaking the rules on infant class sizes. Furthermore, they are unable to direct a school’s sixth form if the child does not meet the relevant entry requirements.
In relation to a looked-after child, local authorities cannot direct a school where the child has been permanently excluded from that school previously or where the schools adjudicator deems the admission of the child would result in serious prejudice following an appeal by the school against the direction.
Furthermore, section 97 of the School Standards and Framework Act 1998 sets out further processes that a local authority must adhere to when considering exercising its direction powers. These include various requirements on consultation, including requiring the local authority to consult with the governing body of the school, the parent of the child and the child themselves, if they are over compulsory school age, before seeking to direct a school. Governing bodies are also provided the opportunity to appeal against any decision by the local authority to direct a child into their school.
Clause 48 enables the same requirements to apply equally in relation to a decision to direct an academy, including making it clear that academy trusts will have the right to appeal to the schools adjudicator against a local authority’s decision to direct their school. Those requirements will all be reflected in the school admissions code, which we intend to amend following Royal Assent. We also intend to work closely with the sector on any further changes that may be needed to fully implement the new powers.
Any change in the code will require a full public consultation and will be subject to parliamentary scrutiny before coming into effect, so I hope that the hon. Members for Harborough, Oadby and Wigston and for Central Suffolk and North Ipswich are reassured that we will take action to ensure that the statutory school admissions code will be amended accordingly and continue to set out clear guidance on how local authorities may exercise their direction powers following Royal Assent. We therefore do not consider the amendment necessary and kindly ask the hon. Member for Harborough, Oadby and Wigston to withdraw it.
I turn to clauses 48 and 49. Local authorities have statutory duties to ensure that children in their area have access to a suitable education, but the levers are currently not available to them to achieve that, as they are not always effective. That can result in too many children, many of whom are vulnerable, being left without a school place for too long. Every day lost in a child’s education is one that they cannot get back. Powers of direction are intended to be used only as a last resort in those rare circumstances in which families are unable to secure a place through the usual admissions processes.
The purpose of clauses 48 and 49 is to create a more robust safety net for vulnerable children by giving local authorities the levers they need to secure school places for children more quickly and efficiently when the usual admissions processes fall short, ensuring that no child falls through the cracks. Clause 48 extends the current powers of local authorities to direct a maintained school to admit a child and to enable them to direct academies in the same way.
Although most children will secure a place through the usual admissions processes, vulnerable and hard-to-place children can sometimes struggle to do so. In circumstances in which those children have been refused entry to or have been permanently excluded from every suitable school within a reasonable distance, the local authority has the power to direct a maintained school for which they are not the admission authority to admit that child.
However, where a local authority wishes to place a child in an academy, it currently must request that the Secretary of State uses her direction powers under the academy’s funding agreement to compel the school to admit the child. That additional step can create further delay in getting a child into school. Enabling local authorities to direct academies themselves without needing to go through the process of requesting the Secretary of State to invoke her direction powers will ensure that school places for unplaced and vulnerable children can be secured quickly and efficiently. It does not make sense for local authorities to continue to need to ask the Secretary of State to make such direction for an academy.
Clause 49 further streamlines local authorities’ admission direction processes and makes them more transparent by enabling local authorities to direct a school where the fair access protocol fails to secure a school place for a child. The fair access protocol is a local mechanism for securing school places for children struggling to secure one through the usual admissions processes. The school admissions code requires all local authorities to have a fair access protocol in place that has been agreed with local schools and specifies the categories of children, including vulnerable and hard-to-place children, who are eligible to be considered for a school place under the fair access protocol.
Clause 49 will also enable future iterations of the admissions code to specify circumstances in which local authorities are able to direct the admission of a child where the fair access protocol has been exhausted and fails to secure a place for them. It will also allow the admissions code to set out a more streamlined directions process for children who have come out of care, so as to provide these often still vulnerable children greater parity with children currently in care. As mentioned, we intend to work closely with the sector in implementing the changes to the admissions code, which will include a full public consultation and require parliamentary approval.
I hope that I have reassured hon. Members that clauses 48 and 49 will provide a more robust safety net for vulnerable children by ensuring that places can be secured for them more quickly and efficiently when the usual admissions processes fall short, minimising time out of school and reducing the likelihood of children falling between the cracks. As I have mentioned, to ensure the powers are used appropriately, clause 48 will provide academies that disagree with a decision to direct admission with a formal route of appeal to the schools adjudicator, giving academies the same route of redress as is currently available only to maintained schools. That safeguard will ensure that local authorities use their powers appropriately and place children in suitable schools where they can thrive. I commend clauses 48 and 49 to the Committee.
New clause 45, which was tabled by the hon. Members for Harborough, Oadby and Wigston, and for Central Suffolk and North Ipswich, aims to ensure that where a local authority is considering directing a school to admit a child, it does not take account of whether the school is a maintained school or an academy. The hon. Members appear to be concerned that a new power for local authorities to direct academy schools may give rise to potential conflicts of interest.
As I have mentioned, the power is intended for use only as a last resort, and may be used only where admissions cannot be secured through the usual processes. Under public law principles, local authorities are already prevented from taking irrelevant matters into consideration when taking decisions, and in most circumstances, whether a school is an academy is not likely to be a relevant factor in determining whether to direct a school to admit a child. Furthermore, as I set out earlier, the School Standards and Framework Act 1998 and the school admissions code already set out several requirements as to how local authorities may exercise their direction powers. Those include relevant factors that they must take into consideration when deciding to direct a school, as well as the processes they must follow when making a direction.
Local authorities can already request that the Secretary of State direct a pupil into an academy on their behalf, and we know from experience that local authorities use this route only where they consider that it is in the best interests of the pupil, and after careful thought and consideration about the impact on the school. However, the new right for an academy trust to appeal to the independent schools adjudicator where they disagree with a direction for them to admit a child will provide independent oversight of local authorities’ decisions to direct.
I hope that the hon. Members will be reassured that appropriate checks and balances will be in place to mitigate any risk of the misuse of the power by local authorities, and kindly ask that the amendment be withdrawn.
Amanda Martin (Portsmouth North) (Lab)
I am grateful for the opportunity to serve under your chairmanship, Sir Edward.
While we were in Bill Committee on Tuesday, the Education Committee was meeting—there are many people with a lot of interest in the Bill, and rightly so—to hear from three panels of witnesses. I draw the Committee’s attention to the second panel. On the panel was Sam Freedman, a senior fellow at the Institute for Government who worked at the Department for Education from 2010 to 2013 as a senior policy adviser; she is also a senior adviser to Ark schools, although was appearing in a personal capacity. Also on the panel were Daniel Kebede, who is a former teacher and the general secretary of the National Education Union, and John Barneby, who is the chief executive of Oasis Community Learning.
The witnesses did not agree on everything, but all three commented on the benefits of these provisions. John Barneby said that Oasis follows
“local authority admissions at the moment, because we believe in equity of offer, and we want to work in partnership. That is not the case everywhere…My hope is that, out of this policy, we will get to a place where there is a fair distribution of children with special educational needs and disadvantaged children across all schools, so that all schools are truly inclusive and have the capacity to meet the needs of all children.”
He thinks the Bill will go some way to doing that. He also said that there has been a risk raised around the allocation of students, particularly with falling student numbers, but he thinks that
“on the whole, local authorities act responsibly around this.”
It will very much depend on the local context. Obviously, it will be for the adjudicator as an independent professional to take that decision for maintained schools. To be clear, for academies it will be for the Secretary of State to end a funding agreement, and for maintained schools it will be for the local authority to determine.
Amanda Martin
Will the Minister confirm that the power to set place numbers includes all schools in local authority areas? It is not just academies but maintained schools. There seems to have been an idea throughout the whole of this debate that maintained schools are somehow a lower echelon of education—
Amanda Martin
Thank you, Sir Edward. It seems to have been implied that only academies might want to expand, but local authority schools might also want to expand. If it is not right for the pupil numbers within the local authority area, it should not be allowed.
We were asked for examples of where it has happened already. In Hackney in 2024, the expansion of some schools and academies—[Interruption.]
Amanda Martin
We were asked for examples of where schools have been closed. We have not even thought about small rural schools that are affected by expansion. Local authorities that represent rural communities must be able to ensure that there are schools across the county, because that is good for everybody.
Specifically on London, the expansion of some academies and schools in Hackney in 2024, particularly as part of a shift towards academisation, has contributed to the closure of certain local schools. St Mary’s Church of England primary school—
The Chair
Order. That is very interesting, but it is an intervention. In a Committee, you can speak as often as you like, but I think we have got the point now and the Minister should carry on with her speech.
This is a substantive point. I am grateful to the Minister for giving way; we are doing the proper business of a Committee here. Let us be clear: the whole point of the clause is to address situations, such as those in London, where a local authority has one in eight of its primary school pupils disappearing within four years, and schools closures will be a part of that. The Minister said that this is not new, but it absolutely is. At the moment, a primary school cannot have its PAN challenged by the local authority if it just wants to keep it the same. In the future, under this clause, the local authority can say, “We want to close this school. We are going to challenge your decision to keep your PAN the same. We think you should shut.” Under this clause, the schools adjudicator will have the power to set its PAN to zero.
That is the point I am making. These challenges affect local authorities right up and down the country. The research the previous Government undertook into this matter demonstrated that local authorities, which have a statutory obligation to provide suitable school places for all the children in their local area, face widespread challenges in meeting that obligation because of the challenges in the current system, which the clauses seek to address. Yes, this is a new statutory duty, which is why we are legislating, but it is not a new role for adjudicators. That is the point that I have made a number of times. I am not saying this is not a change, as we are legislating to change things, but it is not a new role for adjudicators. They are well experienced in managing many of these considerations.
The fundamental point is that school closures need to be managed very carefully through significant change or prescribed alteration processes. As I am sure the hon. Member for Harborough, Oadby and Wigston is aware, academies are maintained through contractual arrangements. The parties to the funding agreements are the Secretary of State and the relevant academy trust, and there are no third-party rights given to a local authority under that funding agreement. Any decision relating to the termination of a funding agreement sits with the Secretary of State.
The purpose of the Bill is to put a new requirement on schools, academy trusts and local authorities to co-operate on place planning and admission matters. We expect them to work together to manage the supply of school places and, where necessary, that may include making plans to close a maintained school or academy, if that is the right decision for a particular area.
Amanda Martin
I have already mentioned the three expert witnesses who commented on this issue. Although they probably have very different opinions on other elements of the education system, all were in agreement. Does the Minister believe that the clause, unamended, means that local authorities can perform fair place planning for all pupils, whether in rural, suburban or inner-city areas, to ensure that there is still access for all pupils and that it is done in a fair way, whether a school is maintained or an academy?
Absolutely, and it is right that where an objection is put to the adjudicator about a published admission number and the adjudicator upholds it, they consider the wider impact on the whole community—for example, how it might affect parental choice or the quality of education for children affected by any decision. The adjudicator should clearly consider other factors that may provide necessary safeguards for a school that is the subject of an objection, such as their financial or capacity requirements. As I will discuss when I turn to amendment 83, that is why clause 50 includes the power to make regulations that set out what the adjudicator must and must not take into account when taking a decision on published admission numbers that must be set where an objection to the published admission numbers is held. I hope that when we get on to the next clause, many of the concerns of the hon. Member for Harborough, Oadby and Wigston will be allayed.
We are clear that the regulation-making power represents the best approach to ensuring that all relevant actors are given due consideration by the adjudicator and that the requirements placed on the adjudicator can still be amended easily to respond to the ongoing needs of the sector and of the schools and the communities they serve. Importantly, we want to work with the sector to ensure that we have fully considered all relevant factors of concern when we develop the regulations to set out requirements on matters that the adjudicator must and must not consider when deciding on the published admission number of a school. That will ensure that the requirements on the adjudicator are clear and comprehensive.
The hon. Member for Harborough, Oadby and Wigston tabled amendment 83, which would remove from the Bill a delegated power to enable the Secretary of State to make regulations setting out factors that the adjudicator must and must not take into account when assessing the published admission number of a school or where they uphold a published admission number objection. That is relevant in the context of the hon. Member’s amendment 84, but, as I have tried to do in the discussion we have had—and as I would have already done if we had got to it—I will explain a little more our intentions for the regulation-making power and why we consider it the most appropriate way to address the issues raised in amendment 84.
It is important that the adjudicator, admission authorities and local authorities are all clear on what factors the adjudicator will take into account in her decision making, so that the decisions are made on a clear and transparent basis. In many cases, a school’s performance and parental demand for places, as the hon. Member for Harborough, Oadby and Wigston set out in amendment 84, will clearly be important factors for the adjudicator to consider when considering an objection to a school’s published admission number. However, as I have mentioned, there are many other important considerations, not just for the area but for the school itself, that must form part of the adjudicator’s decision making.
Let us be clear: these are difficult questions. They concern, for example, important matters such as the school’s capacity, the impact of the proposed admission number on the quality of education for children at neighbouring schools, and more practical matters such as compliance with regulations in terms of class sizes. Importantly, regulations to specify what the adjudicator must and must not take into account will ensure that any relevant impacts on the admission authority and school that are the subject of the objection are given due consideration before the adjudicator decides on the published admission number.
The complexity of the factors is best set out in regulations to ensure that they remain flexible and responsive to changes in any related legislation and in the wider context. For example, if we want to ensure that adjudicators take account of a school’s need to comply with infant class-size regulations, we want to be able to respond to any changes to those regulations. Similarly, if future demographic changes mean it is important for the adjudicator to think about how they consider issues such as a school’s capacity, regulations can be amended to ensure that the adjudicator takes into account all relevant considerations at that time and is not bound by outdated rules.
The regulations, and any changes to them, will be subject to parliamentary scrutiny. Including these matters in regulations will ensure that, if necessary, we can respond quickly to feedback from the sector, and where wider circumstances change, while ensuring that a clear level of rigour and parliamentary oversight can still be achieved. Given the argument I have set out, I respectfully ask the hon. Member for Harborough, Oadby and Wigston not to press his amendments.
Clause 50 provides that where the adjudicator upholds an objection to a school’s published admission number, it can specify the new PAN, which must then be included in the school’s admission arrangements. That is vital to ensure that all communities have the places they need so that children can access a local school where they can achieve and thrive.
Broadly, the ability of admission authorities to set their published admission numbers works well. In many areas, published admission numbers work effectively, and admission authorities and local authorities co-operate well to support local need. The hon. Member for Harborough, Oadby and Wigston has a concern about the clause’s impact on the ability of good schools to expand through an increase to their published admission numbers; I reassure him that the Government are absolutely in favour of good schools expanding where that is right for the local area.