Children’s Wellbeing and Schools Bill Debate

Full Debate: Read Full Debate
Department: Department for International Development

Children’s Wellbeing and Schools Bill

Baroness Blower Excerpts
Baroness Blower Portrait Baroness Blower (Lab)
- View Speech - Hansard - -

My Lords, there are certainly many welcome aspects of this Bill, not least the proper recognition of the importance of children’s well-being. What plans do the Government have to ensure that all schools are alert to the issue of bereavement and have access to resources beyond themselves to support any child or young person—perhaps as many as one in 29, as the Childhood Bereavement Network notes—who suffer a bereavement?

On the question of the curriculum and assessment, I earnestly hope that the review currently under way will address in full the narrowness of the existing curriculum, provide for much greater access for all children to arts and technical subjects, and allow for local curricular initiatives. It was always wrong that only academies had these curricular freedoms, as my noble friend Lady Morris said.

I ask my noble friend the Minister when we can expect to see the final report and what she expects to be the lead time for what I hope will be welcome changes in both curriculum and assessment. We have a lot to learn on this from other jurisdictions and, clearly, from my noble friend Lord Layard.

In relation to the pay and conditions of teachers, the Bill in its original form would have required all state-funded schools to follow the school teachers’ pay and conditions document. I regret that it has been amended to simply “have regard to”. As many will know, there is broad flexibility in the STPCD—in my view, less would be desirable, certainly in regard to the excessive salaries paid to some academy CEOs.

However, the full range of conditions of service appear not in the STPCD but in the Burgundy Book: the national conditions of service document, most recently revised in 2023. It covers appointments, resignation, retirement, occupational sick and maternity pay as well as trade union recognition and facilities, and it should be followed, in my view, by all state-funded schools. At a time of a deepening recruitment and retention crisis which is deleterious to all being educated, coherence and consistency in pay and conditions for all teachers in state-funded schools could certainly be an incentive to enter and remain in the profession. The fragmentation of the education service through academisation has certainly been a barrier to career mobility in some cases. An end to the presumption that all new schools must be academies is therefore very welcome, as is the intention to strengthen local authority powers in relation to school admissions.

Finally, the proposal that all teachers in all state-funded schools should have qualified teacher status, and that they should therefore be paid commensurately, is very welcome. There is currently exploitation of some teachers who do not have qualified teacher status. Therefore, I ask the Minister whether she is sympathetic to the creation of a statutory duty to ensure that all overseas-trained teachers are financially supported to complete the assessment-only route into QTS in a timely fashion.

Children’s Wellbeing and Schools Bill Debate

Full Debate: Read Full Debate
Department: Department for Work and Pensions

Children’s Wellbeing and Schools Bill

Baroness Blower Excerpts
Moved by
463: After Clause 62, insert the following new Clause—
“Duty to provide relationships and sex education and PSHE to persons who have not attained the age of 18 at further education institutions(1) The Children and Social Work Act 2017 is amended as follows. (2) In section 34 (education relating to relationships and sex)—(a) at the end of subsection (1)(b) insert—“(c) relationships and sex education to be provided to persons who have not attained the age of 18 and who are receiving education at post-16 education institutions in England.”;(b) in subsection (2)(a), after “schools” insert “and further education providers”;(c) in subsection (2)(b), after “schools” insert “and further education providers”;(d) in subsection (2)(c), after “schools” insert “and further education providers”.(3) In section 35 (other personal, social, health and economic education)—(a) at the end of subsection (1)(b) insert—“(c) to persons who have not attained the age of 18 and who are receiving education at post-16 education institutions in England.”;(b) in subsection (2)(a), after “schools” insert “and further education providers”;(c) in subsection (2)(b), after “schools” insert “and further education providers”;(d) in subsection (2)(c), after “schools” insert “and further education providers”.”Member's explanatory statement
This new clause would extend the existing provision of relationships and sex education and PSHE under the Children and Social Work Act 2017 to people under the age of 18 who are receiving education at post-16 education institutions in England.
Baroness Blower Portrait Baroness Blower (Lab)
- Hansard - -

My Lords, given that my noble friend Lady Lister is unable to be here this evening, it is my pleasure, with her permission, to read her speech to move this amendment.

It is an honour to move Amendment 463, which would extend the provision of relationships and sex education to young people aged under 16, in post-16 institutions in England. It is an honour because it has been dubbed the Massey amendment as a tribute to our late friend and colleague Baroness Massey of Darwen. Had she still been with us, she would have been the ideal person to move this amendment, given her experience and commitment to young people’s social health and well-being. It was to honour Doreen that I agreed to table this amendment, even though I do not claim any expertise in this area.

Another reason that I agreed to table the amendment was that I was so impressed by how Faustine Petron, who approached me, founded the Make It Mandatory campaign and enlisted the support of many important bodies such as Brook—of which Lady Massey was a former president—the Sex Education Forum and the End Violence Against Women and Girls coalition. She has received the endorsement for this amendment of 50 organisations, and has collected over 105,000 signatures for her petition. She says, in her own words:

“I am a university student and young survivor of domestic abuse. As an older teenager, I would have benefited from being provided with RSE after year 11 and an adequate education surrounding the early warning signs of domestic abuse, the different forms abuse can take, and places to get help”.


The third reason is that Faustine Petron has such a strong case: she has identified a real gap in the mandatory provision of relationships and sex education, which does not cover 16 and 17 year-olds, yet, under the UN Convention on the Rights of the Child, these are still children.

Since RSE was made mandatory in schools, it has begun to make a real difference. The Office for Students is making it into a condition of registration for universities that they intend to prevent and address sexual violence. Filling the gap in FE and sixth-form colleges would contribute to a preventative strategy on sexual violence among young people.

This would also help address the concern voiced by the Public Accounts Committee that,

“to date, the approach to tackling violence against women and girls has not put enough emphasis on preventative measures that are necessary to achieve long-term change”.

The committee emphasised the key role that education can play in tackling this issue, including in preventing children from becoming perpetrators in the future. Among its recommendations was that the Department for Education should set out how it intends to work with children and young people to prevent violence against women and girls, including further changes to the relationships and sex education curriculum. Some 77% of young people surveyed—

Lord Katz Portrait Lord in Waiting/Government Whip (Lord Katz) (Lab)
- Hansard - - - Excerpts

My Lords, I apologise to the noble Baroness for interjecting relatively late into her remarks, but I am reminded that, in the Companion, it is fairly clear that Members should not seek to have their speeches read by other Members of the House. Perhaps she could rephrase her remarks in a way that makes it clear that she is speaking for herself, not on behalf of another Peer.

Baroness Blower Portrait Baroness Blower (Lab)
- Hansard - -

I apologise to the Committee. Clearly, I and possibly the noble Baroness, Lady Lister, had misunderstood the rules relating to this.

As has been noted, national organisations backing the Make It Mandatory campaign, in addition to the Children’s Commissioner, all agree that the extension of relationships and sex education to this group would be important.

In conclusion, in a recent Commons debate on relationships education in schools, the Minister for School Standards emphasised the vital role that education plays in preventing violence and that the aim of relationships education is to support all young people to build positive relationships and to keep themselves safe. That education must equip them for adult life. It thus makes no sense that, just as they are at the cusp of adult life, they should not be assured access to relationships and sex education to help equip them. The Minister continued that, as part of the Government’s opportunity mission,

“we will equip our young people and children with the skills they need to form strong, positive relationships”.—[Official Report, Commons, 1/4/25; col. 112WH.]

Although she was talking about the school context, this is clearly important in terms of an extension to post-16.

Lord Hampton Portrait Lord Hampton (CB)
- View Speech - Hansard - - - Excerpts

My Lords, I rise to speak to Amendment 463, to which I added my name. Government data shows that 16 to 19 year-olds experience the highest rates of domestic abuse of any age group. Without mandatory RSE, we are leaving many 16 to 18 year-olds unsupported, just as they are starting their first intimate relationships. Tender, a marvellous charity that goes into schools to educate children in relationships, has been working with this age group. It found that only around half of the students could identify signs of an abusive relationship or knew where to find support; by contrast, after participating in Tender’s workshops, over 90% can identify abuse and will know where to find help.

Victim-blaming and perpetrator-excusing attitudes are prevalent in this cohort, in part due to a high percentage of young people viewing harmful content online. The End Violence Against Women coalition agrees, quoting the National Association for Managers of Student Services in saying that, “As the front line of support services in post-16 education, we know it’s been never more important to give young people a safe place with structure, to discuss and learn about positive relationships and to address the social isolation and misinformation a world living on social media has created”. In a confusing world, 16 to 18 year-olds seeking guidance deserve to be supported to critically examine and challenge harmful attitudes among their peers in a safe, supportive environment, which we can create through mandatory RSE lessons.

Children’s Wellbeing and Schools Bill Debate

Full Debate: Read Full Debate
Department: Department for Work and Pensions

Children’s Wellbeing and Schools Bill

Baroness Blower Excerpts
Moved by
469: After Clause 62, insert the following new Clause—
“Child rights impact assessment(1) A Minister of the Crown must prepare and publish a child rights impact assessment in relation to any legislative provision, policy decision, budgetary decision, or other decision of a strategic or operational nature that has or will have a direct or indirect impact on children’s wellbeing,social care or education, which are undertaken by virtue of the provisions in this Act.(2) The purpose of a child rights impact assessment is to secure better or further effect of the rights set out in the United Nations Convention on the Rights of the Child (UNCRC).(3) A child rights impact assessment must include consideration of the views, wishes and feeling of children and young people affected by the decision, insofar as the Minister is able to ascertain those views.(4) A child rights impact assessment should be undertaken on all relevant legislation, policy and budget development which are undertaken by virtue of the provisions in this Act at the earliest possible opportunity and prior to making final decisions.(5) The UNCRC includes the rights and obligations set out in—(a) the United Nations Convention on the Rights of the Child Part 1;(b) Articles 1 to 6(1), 6(3) and 7 of the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict;(c) Articles 1 to 10 of the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography;(d) any other Optional Protocols to the UNCRC that the United Kingdom may in future ratify.(6) The UNCRC rights and obligations for the purposes of this Act are subject to any reservations, objections or interpretative declarations by the United Kingdom as may be in force at the time. (7) The UNCRC rights and obligations for the purposes of this Act should be interpreted in the light of General Comments prepared by the UN Committee on the Rights of the Child under rule 77 of its procedure and Concluding Observations made by the UN Committee on the Rights of the Child in response to a United Kingdom report under Article 45 paragraph (d) of the Convention.”Member’s explanatory statement
This amendment will introduce a statutory requirement for Ministers – and thereby government departments – to routinely prepare and make publicly available a children’s rights assessment of the impact and/or expected impact of any proposed legislation, policy, budgetary decision or other strategic or operational decision undertaken by virtue of the provisions in this Act as they relate to children’s wellbeing, social care or education.
Baroness Blower Portrait Baroness Blower (Lab)
- Hansard - -

My Lords, having worked on these amendments with my noble friend Lady Lister, and in her unavoidable absence from the Chamber today, I shall move Amendment 469, speak to Amendment 470 and also mention Amendment 502F.

Amendment 469 introduces a duty routinely to prepare and make publicly available an assessment of the expected impact of any proposed legislation, policy, budgetary action or other matter that will have an impact on children. Amendment 470 provides for a more general duty, requiring Ministers to consider, protect and promote children’s rights as set out in the UN Convention on the Rights of the Child. Together, these amendments probe all options in the round. Amendment 502F, which is broader in scope, is complementary, but a clear duty to have regard to the UN CRC is preferable to the somewhat vaguer qualification “the desirability of”.

Amendments 469 and 470 had input from the NSPCC as part of the Children’s Charities Coalition, the Children’s Rights Alliance and UNICEF UK. They would place a clear duty on Ministers to have due regard to the UN CRC, although those bodies ultimately aim for full and direct incorporation of the UN convention in law, as in Scotland.

Three years ago, the British Academy published a report Reframing Childhood. It was the outcome of a wide-ranging programme chaired by my noble friend Lady Lister. Three themes emerged, each of relevance to this Bill. The first was “being and becoming”; this drew attention to the importance of childhood as a state of being of great significance to the child. The final theme was “children’s voices and participation”, and the second was “children’s rights” as articulated in the UN convention. This is missing from the Bill.

The Secretary of State has argued that the Bill represents the importance of understanding and promoting child-centred policy. Key to this is children’s rights. They help us value children as children, particularly those in the most marginalised groups. A children’s rights approach could encourage more coherent policy-making. These two amendments offer a practical way for the Government to explicitly enshrine a child-centred orientation in legislation.

UNICEF UK argues that children’s rights should be central to plans to improve children’s well-being and opportunities, as they are in these amendments. Having ratified the UN convention, the UK must comply with its principles and standards but, beyond ratification, Article 4 of the convention requires states to

“undertake all appropriate legislative, administrative, and other measures for the implementation of the rights recognized in the present Convention”.

The UN Committee on the Rights of the Child has ruled that the development of a children’s rights perspective is required for the effective implementation. In its 2023 report on the UK, it recommended that greater efforts to incorporate the convention into UK law and the development of mandatory children’s rights impact assessments for relevant legislation and policy should be taken. These amendments would be important steps in complying with that recommendation and would also bring England closer to the protection of children’s rights provided for in Wales, Scotland and Jersey. They would add teeth to the Government’s aim of child-centred action across departments and facilitate the Government’s mission-led approach in the opportunity mission in particular.

The duty on Ministers in Amendment 470 would ensure visibility of children’s rights and best interests in policy-making so that their needs and well-being were not overlooked. In line with Article 12 of the convention, it would mean listening to children so that they were heard and had their views respected. It would help to strengthen the public awareness of children’s rights, in particular through the publication of three-yearly reports. The duty could easily be integrated into existing decision-making processes. It is a step that other nations have taken, with positive results. A key element of the duty would be to involve mandatory children’s rights impact assessments, or CRIAs, as recommended by the UN committee in its report on the UK.

Amendment 469 spells out how CRIAs would be used to enable a systematic consideration of how children may be affected by a policy under development so as to identify, avoid or mitigate adverse impacts. They also enable policymakers to identify proactive measures, leading to better realisation of children’s rights. Evaluations have shown that CRIAs, properly conducted, are effective in improving policy-making from children’s perspectives. A comprehensive CRIA was provided for this Bill, but it reads more like an end-of-process assessment rather than one used from the outset to guide policy development. The expectation of the UN committee is that the CRIA would be part of the development of new policy and legislation from as early a stage as possible.

In response to an Oral Question earlier this year, my noble friend the Minister confirmed that

“the Government recognise the importance of considering children’s rights in that way”.

However, she added that they were continuing to encourage departments

“to carry out children’s rights impact assessments when they are making policy changes”.—[Official Report, 27/1/25; col. 9.]

But the fact that her own department does not collect information on the number of CRIAs carried out, as revealed in the Answer to a Written Question, shows that the Government do not know how many actually are carried out.

In discussing this with my noble friend Lady Lister, she described trying to get a CRIA published on previous asylum legislation as like trying to get blood out of a stone. When one finally emerged for Third Reading of the Illegal Migration Bill it was, alas, inadequate —a post hoc attempt to justify measures that actually undermined children’s rights.

Moreover, when asked about CRIAs, there is the tendency for departments to respond by referring to equality impact assessments carried out under the public sector duty, but EIAs are no substitute for CRIAs, which require consideration of children’s best interests and the full range of children’s rights. In the interests of good government, I urge my noble friend the Minister to accept the case for mandatory CRIAs that follow the UN committee’s guidance.

Over 115 organisations support these amendments, representing national charities and grass-roots groups, spanning areas such as child poverty, disability, youth justice and social care. More than 25 academics have written to the Minister for Children and Families to voice their support, pointing out that it is simply not possible to meet children’s needs in any of the areas covered by the Bill without first respecting and promoting their rights. Members of the Committee may have received an email from the Office of the Children’s Commissioner, which states that:

“It is essential that this legislation includes measures for ensuring children’s rights are upheld”—


hence it, too, is supporting the amendments.

--- Later in debate ---
Equally, we will continue our work to ensure that child rights impact assessments will be delivered across government and that children’s rights and interests will be at the heart of decisions made by this Government. This has been an important discussion, but I hope that noble Lords feel suitably reassured by my responses not to press their amendments.
Baroness Blower Portrait Baroness Blower (Lab)
- View Speech - Hansard - -

My Lords, it is both a pleasure and somewhat of a challenge to respond to this extremely good and wide-ranging debate. I am extremely grateful for the mentions of our late noble friend Lady Massey, whose absence from this debate we feel quite deeply. I thank all noble Lords who have spoken, even those with whom I disagree—I do not think I have ever before been described as being motivated by an elitist desire to thwart democracy when seeking to advocate for children’s rights.

However, the contributions were all extremely interesting. I am very pleased to have had the support of my noble friend Lady Longfield, the noble and learned Baroness, Lady Butler-Sloss, and the noble Baroness, Lady Bennett.

In particular, I would like to mention the noble Lord, Lord Russell, who spoke about the need—this is really important—to balance parental choice and children’s rights. This may not occur often, but it may occur and we need to pay attention to that balance. He also mentioned the extremely worthy rights-respecting schools in which children can begin to advocate for themselves and understand what children’s rights really mean.

The need for children’s voices in the care system to be heard was mentioned by the noble Baroness, Lady Bennett, and that is important.

I will not be tempted into a discussion about academic selection, even though it is a matter on which I could say a very great deal.

I am pleased with the remarks of my noble friend the Minister, who said from the Dispatch Box that she is fully committed to children’s rights. I am sure that we will continue to discuss the question of a children’s rights impact assessment and the ultimate possible incorporation of the convention. At this stage, however, I beg leave to withdraw my amendment.

Amendment 469 withdrawn.

Children’s Wellbeing and Schools Bill Debate

Full Debate: Read Full Debate
Department: Department for Work and Pensions

Children’s Wellbeing and Schools Bill

Baroness Blower Excerpts
Baroness Blower Portrait Baroness Blower (Lab)
- View Speech - Hansard - -

My Lords, I urge my noble friend the Minister to look at the amendment and think carefully about what the Government could conceivably do. I honestly think that anyone who has met Ceri, Frances or both of them could do nothing other than to say that we really need this, urgently. I will speak only briefly. When I met Ceri this week, he was delighted to say that Brentford Football Club, as an employer, is already taking this on and doing something about it. Clearly, there are people who feel that this is not just urgent but a matter of decency and humanity. We should find a way of doing something about it.

Baroness Cass Portrait Baroness Cass (CB)
- View Speech - Hansard - - - Excerpts

My Lords, I was not intending to speak to the amendment, but I also met Ceri this week, and it was a privilege to talk to him. I had not heard that part of his story until my noble friend Lady Grey-Thompson told us about it.

I recently stepped down as a trustee of the children’s hospice Noah’s Ark, in Barnet. When I think about the support that families get there—not just during the course of their child’s illness and while they pass away but support for siblings, and the ability, through the Butterfly Suite, to be with the child they have recently lost for a number of days thereafter, through to follow-up and bereavement support that hospice staff provide, as well as advice on benefits and access, which might be crucial to the well-being of those parents —I am struck by the stark difference. That support is provided by charitable funds. It should not be that way. This is a postcode lottery. We have responsibilities to this group of families, who fight so bravely by themselves but who need our support and that holistic wraparound care.

Children’s Wellbeing and Schools Bill Debate

Full Debate: Read Full Debate
Department: Department for Work and Pensions

Children’s Wellbeing and Schools Bill

Baroness Blower Excerpts
Lord Hampton Portrait Lord Hampton (CB)
- View Speech - Hansard - - - Excerpts

My Lords, I shall speak very briefly to Amendment 191A, to which I would have added my name had I been slightly more organised. I have been a member of teaching unions in the past but I am not any longer. Many teachers are not members of a union. These are personal decisions, whether cost or philosophical. Trade unions play an important role in the workplace, but not being a member should not put you at a disadvantage when facing a formal allegation. It is all very well bringing a colleague along but, apart from the moral support, they might not be much help.

Doctors and dentists are permitted to be accompanied at disciplinary hearings by representatives from professional defence organisations under the NHS’s maintaining high professional standards framework. This has not undermined trade unions or weakened safeguarding: it has simply ensured that highly scrutinised professionals are not left unsupported at critical moments and has helped to ensure that due process has been followed. Teachers and school staff operate under comparable levels of public scrutiny and regulatory oversight. Amendment 191A is a modest, sensible step that reflects the reality and promotes fairness and consistency in how disciplinary processes are conducted. It does not even go so far as arrangements in medicine but is a step in the right direction and I strongly support it.

Amendment 243D, to which I did actually add my name, is very simple. I know from first-hand experience how complicated school complaints can be, with different complaints being sent to different organisations, often duplicated. They could be going to DfE, Ofsted, TRA, the school and the LEA. This is a very simple, overdue and badly needed amendment.

Baroness Blower Portrait Baroness Blower (Lab)
- View Speech - Hansard - -

My Lords, it was a pleasure to listen to the speech from the noble Baroness, Lady Evans, which was about a modest change to the remit of the TRA. However, I support Amendment 190, to which I have added my name, precisely not to extend the TRA’s remit in two particular ways—that the TRA should be allowed to consider, as the noble Baroness opposite said, complaints about behaviour before someone becomes a qualified and practising teacher, and that it should be allowed to consider complaints after someone has stopped teaching.

I do not know whether there is any confusion in the minds of anyone in the Government. Clearly, if someone interrupts their teaching and then wants to come back to it, that is a different matter. If we are talking about people who have permanently left teaching, though, it seems unreasonable for the TRA to proceed. With regard to people against whom the TRA might seek to proceed before they have started teaching, the National Education Union says:

“Once the door is opened to pre-career conduct, it becomes very difficult to draw principled boundaries. How far back should investigations reach? Should conduct as a teenager or student be included? What weight should be given to immaturity, context, or personal development?”


What about what both the noble Baroness opposite and I described in the meeting with Minister Gould, which I was very pleased to attend, as “youthful high jinks”, which in no way reaches any kind of criminality but someone might seek to complain about?

There is a real problem here. Even Minister Gould said that she could see we were saying that these proposals seemed to be too much of a broad brush, and that is indeed my concern. Teachers are rightly held to very high standards and, although we heard some egregious examples of bad behaviour from teachers, in general the vast majority not only are held to high standards but meet and exceed them. Therefore, to create the pressure of the possibility that someone could complain about pre-career conduct or post-retirement conduct seems to be an unnecessary burden to put on both the teaching profession and the TRA, which is not currently able to manage the workload it has, although that is not my prime consideration.

Noble Lords will have heard from the noble Baroness opposite that during the meeting we hoped that there might be some movement on this. Like her, I have now had the letter from Minister Gould, who says:

“I also want to assure you that we are committing to setting out in guidance a framework which makes clear the factors that will need to be considered before the TRA can proceed with an investigation … We will do this in consultation with the sector and unions in due course”.


As the noble Baroness opposite said, and as has been said from many corners of this Chamber on many occasions, setting out guidance in a framework is not the same as having something in the Bill. The NEU concludes:

“Even if guidance later seeks to limit this, primary legislation would authorise the power, and guidance alone cannot cure an overly broad statutory remit”.


It is with regret that I say that I think the Government have got it wrong on this. However, I am slightly pleased that there will be a consultation and I am sure that the sector and the unions will engage very vigorously in that. If this amendment is not accepted, I hope that this being in the Bill does not set the tone and imply that we think there is every reason to have open season on anyone who might become a teacher or once was a teacher.

Lord Lucas Portrait Lord Lucas (Con)
- View Speech - Hansard - - - Excerpts

My Lords, I am thoroughly in favour of Amendment 191A. I have been involved in that sort of situation a couple of times in my life. It makes an enormous difference for someone facing a perilous investigation to have someone beside them to make the points that make it clear that the school—or whichever organisation—has got it wrong. It is a very hard thing to do yourself; it is much easier if you have someone beside you to take that burden. I recommend that the Government pursue Amendment 191A.

I also very much hope the Government will pursue the amendment advocated by my noble friend Lady Spielman. We have to get the complaints system right. I had a go at this in Committee and got bounced by the Government consistently. It would really reduce the burdens on people dealing with complaints to have something that takes the weight off, has a really good triage system, is really good at explaining to people why their complaint is rubbish and nonsense and is equally good at making sure it gets to the right person with the right advice tagged to it. It would also increase the effectiveness of justified complaints. Parents taking to social media and having the police called on them is not the right way forward.