Children’s Wellbeing and Schools Bill

Baroness Burt of Solihull Excerpts

Tuesday 3rd February 2026 Lords Chamber

In Committee, the noble Baroness committed to working with the sector on the regulations, but that is not enough. It is clear that the department is prioritising financial concerns over pupil and parent choice and quality of education. Our amendment backs parental choice and good schools, and it makes sure that the interests of children are prioritised over protecting underperforming schools. I beg to move.

[Baroness Burt of Solihull (LD)]

My Lords, I will speak to Amendment 201 in my name, which deals with the issue of faith-based selection in school admissions. This speaks to the missing data that the Schools Minister raised in Committee in the other place. The Department for Education currently does not collect data on how admissions policies are applied in schools and therefore does not know how many parents are missing out on a place at their preferred school because of their religion or because they do not have a religion. Collecting data would shed light on what the impact of faith-selective admissions is for parents and pupils, and on whether such selection is contributing to or undermining parental choice. This is not an argument against faith schools; many provide an excellent education and are deeply rooted in their communities. Rather, the purpose of Amendment 201 is to promote fairness and genuine parental choice by limiting the extent to which oversubscription criteria can be used to select pupils on the basis of religion.

In Committee, the Government pointed to the existing admissions framework, by which admissions must be published and applied consistently. But the question is not simply whether rules exist on paper but what those rules do in practice when a school is oversubscribed. If admissions turn on faith tests that some families cannot meet, because they are either of a different faith or of no faith, then, in reality, the local school is not equally accessible to the local community.

There is also the wider issue of inclusion and cohesion. Selection by faith risks narrowing pupil diversity and, over time, separating children along religious and, sometimes, ethnic lines during their formative years. Evidence suggests that faith-based selection can correlate with lower inclusion. The Sutton Trust has found that faith schools are more socially selective, admitting fewer pupils eligible for free school meals than would be expected given their local status. Research highlighted by the London School of Economics has reported the underadmission of children with special educational needs and disabilities to faith primary schools. The Office of the Schools Adjudicator has reported concerns from local authorities that faith-based criteria can in some cases disadvantage looked-after and previously looked-after children.

The aim here is straightforward: to ensure that publicly funded schools serve their whole community and that parental choice is not narrowed by criteria unrelated to a child’s needs or a family’s proximity to the school. Amendment 201 is a measured step that would support fairness in admissions and help ensure that our children are brought together rather than separated. Amendment 201 promotes fairness and parental choice in schools’ admissions policy, and I commend it to the House.

[Lord Hampton (CB)]

My Lords, I shall speak to Amendment 199, to which I have added my name. In this, I am channelling my inner Baroness Wolf of Dulwich—the noble Baroness sends her apologies that she cannot be in her place. This amendment attempts to rectify another example in the Bill in which a well-intentioned idea is turning out to be a mistake. It is a bit of an example of top-down government seemingly punishing a school for being successful. Whereas education is all about nurturing and helping improvement in those who are less successful, this is a cold logic to reduce empty places and surplus capacity.

In an ideal world, the number of children wanting to go to various local schools would fit neatly into the number of places in local schools, but it does not. That is, in part, because parents are now much more aware of the league tables, Ofsted inspections, academy specialisations and all sorts of online opinions. It also reduces the most important incentive for a school to succeed and improve—one that has been at the heart of Labour’s and successive Governments’ academies programme, which has itself been at the heart of 20 years of school improvement, and which threatens to be reversed by this.

If good and oversubscribed schools can expand, and unpopular schools are not filled up with unwilling attendees, all schools would have a strong incentive to be good. When school choice and academisation were introduced, there were predictions that we would end up with lots of sink schools and a significant number of children having an even worse education than before recruitment was freed up. This did not happen. There has been a steady decrease in the number of badly performing schools. Competition works, not by creating a monopoly but by incentivising and driving improvement.

--- Later in debate ---

[Lord Blunkett (Lab)]

My Lords, I apologise to the House and to the noble and right reverend Lord, Lord Harries, for not being here at the beginning of this group. I have a member of staff who lives a normal life, and I quite rightly agreed that she should go home. As a consequence and because there is no Braille on the annunciator, I was a bit late getting in, so I will be incredibly brief.

I support Amendment 206, to which I have added my name. In the light of the Curriculum and Assessment Review, I hope that my noble friend the Minister will ensure that, now, the Department for Education gives its full and comprehensive support to the proper teaching of democracy and citizenship all the way through the curriculum, which the Government committed to in their response to the review; and that we engage with every school in the country to ensure that young people are equipped for the future, not least for the traumas and difficulties they now face.

[Baroness Burt of Solihull (LD)]

My Lords, I will speak on my Amendments 231 and then 232. Amendment 231 may be familiar to the House, as it reflects the substance of the Bill I previously brought forward on this subject, which is on spiritual, moral, social and cultural education in assemblies.

The amendment is simple in intent: it would remove the legal duty on schools without a religious character to provide daily collective worship that is wholly or mainly of a broadly Christian character. This would not prevent any school holding acts of collective worship if it wishes to do so, and, despite some misunderstandings, it does not ban prayers, Christmas carols or the marking of religious festivals. It simply ends the mandatory requirement of Christian worship in schools that are non-faith schools by designation.

This is about freedom of choice and respect for the diversity of our society. When the 2021 census shows that over a third of the population of England and Wales now have no religious character, it cannot be justified that schools are still legally obliged to provide daily Christian worship.

This is not a matter of abstract principle; there is clear evidence from the profession itself that reform is wanted. A 2024 Teacher Tapp poll of senior school leaders found that around seven in 10 oppose the legal requirement for daily collective worship, with only a small minority in favour of the current law. Likewise, in its submission to the Curriculum and Assessment Review’s call for evidence, the NAHT argued that the current legal requirement for daily broadly Christian worship should be removed because it is “too prescriptive and narrow”, while emphasising the value of inclusive assemblies that reflect the diversity of the school community.

It is sometimes said that families who object can simply withdraw their children. It is true that parents have a statutory right to withdraw a child from collective worship, but in practice that can be a poor substitute for an inclusive approach. It may mean that children are separated from their peers, miss shared parts of school life or sit apart while others take part. It is notable that, in JR87, the Supreme Court considered precisely this point in the context of religious education and collective worship in Northern Ireland, recognising that reliance on withdrawal can place

“an undue burden on parents”

and risks stigmatising the child—hardly the hallmarks of a meaningful and equal choice.

Of course, I recognise that many noble Lords hold sincere views about the value of Christian worship in schools, and I respect those convictions. That is precisely why this amendment is carefully drawn. It would not change the position of schools with a religious character but would simply ensure that non-faith schools are not compelled by law to provide worship that does not reflect the views and beliefs of many of the families that they serve. In place of a daily worship requirement, schools would still provide regular assemblies that support pupils’ spiritual, moral, social and cultural development in a way that is inclusive of pupils of all faiths and none, mirroring the approach set out in proposals previously considered by this House.

Maintaining a blanket duty of daily Christian worship in schools without a religious character is increasingly out of step with the country we serve and insufficiently respectful of families with no religion. This amendment would provide more genuine choice, not less, and allow non-faith schools to be properly inclusive community schools for every child.

Amendment 232 proposes a new clause for the inclusion of non-religious beliefs in religious education. It would put it beyond doubt in statute that religious education must include teaching about non-religious beliefs, such as humanism, across all key stages. At the outset, I acknowledge that we are in the midst of the Government’s Curriculum and Assessment Review. The review is highly relevant because it concludes that

“RE’s importance is not currently reflected in its standing in the curriculum”.

It recommends that RE should be moved

“to the national curriculum in due course”,

with a staged process involving

“faith bodies, secular groups and experts from the teaching and wider education sector, to develop a draft RE curriculum”.

I welcome this direction of travel.

The review is also clear about why reform is needed, stating that RE is currently

“a basic rather than national curriculum subject”,

with content that is “not nationally defined” and local support arrangements that are “complex and fraying”, producing “uneven provision”. However, “in due course” is doing a lot of work here. Unless and until those recommendations are implemented, we will still have the present patchwork of locally agreed syllabuses and widely varying practice. It is in that context that Amendment 232 is needed. It is a modest, clarifying amendment that ensures that, whatever the structure of RE, pupils must learn about non-religious beliefs as well as religions.