Children’s Wellbeing and Schools Bill

Baroness Longfield Excerpts

2nd reading
Thursday 1st May 2025 Lords Chamber

[Baroness Longfield (Lab)]

My Lords, it is a huge pleasure to take part in this important debate, and I draw attention to my interests in the register. All of us in this Chamber want the children of our country to succeed, but I think we also know that many will not do so without extra help. If we are in any doubt about that, we should look at what has happened in recent years since and during the pandemic, when it was revealed that systems consistently failed vulnerable children. I have been arguing for decades that we need to have bold reform from the top to the bottom, and we need to close those gaps in systems that have leaned away and continue to lean away from vulnerable children, and put those children at the very centre of our systems, protecting them from harm and boosting their life chances.

This Bill is a commitment and an opportunity to do just that. The measures to improve our safeguarding and education systems are very welcome. I really welcome the conversations we have already started in this Chamber today about the importance of putting children and children’s outcomes at the centre of these debates—not the structures or the systems, which are all means to an end that we need to make work. It has to be about the children’s outcomes.

A good education, of course, is a crucial foundation for all children, but we know that hundreds of thousands of children are missing school, either through poor attendance or because they are being home-schooled through elective home education. I have heard thousands of parents telling me that they feel they and their children are pushed out and ignored by the system. They are left with no other option than to home-educate, despite often not feeling that they are well equipped to do so. We also know that there are children who have been taken out of school deliberately so that the harms they are coming to are not seen. There are children who are not in school and go off the radar, falling into the hands of those who want to groom and exploit them, so I strongly welcome the new register of children in schools and the new powers for local authorities.

I also welcome measures in the Bill that support councils to provide better, improved early support for families and to ensure that public agencies work together better to protect and support children. I know that Members of this House have been talking about that for a long time. With that, early intervention and support for families are very important too. The single unique identifier for children gives an opportunity to see that through. We need to see better investment in early intervention and prevention. That is also critical as part of these reforms.

While the ambitions of the Bill are absolutely clear, there will be things that we all want to discuss and sections we want to strengthen, as we have already heard today. The things that I am keen to talk more about include a greater focus on the early years that would strengthen and drive a move to prevention. The Government’s commitment to universal breakfast clubs is essential and very welcome, but let us capitalise on it and make sure that food in those breakfast clubs is nourishing and healthy, which is especially important given the worsening obesity crisis.

Similarly, I welcome measures to require local authorities to offer family group decision-making. I think we could sharpen up on that and particularly look at increasing the chances of reducing the number of children going into care in this way. I also support calls for the Bill to include measures of well-being to provide a strong evidence base for current and future policies.

Finally, as Children’s Commissioner I called for the removal of reasonable chastisement as a defence for physical punishment, and I continue to support that. The change has happened in Wales, Scotland and Ireland, and the world has not fallen in, so it is probably time we caught up. Most of our children are happy and have opportunities to thrive in their childhoods, but a significant number are not. We must be ambitious for those children too. This vital Bill gives us a welcome opportunity to do exactly that.

Children’s Wellbeing and Schools Bill

Baroness Longfield Excerpts

Committee stage
Tuesday 20th May 2025 Lords Chamber

I meet many people in prison who have no visits from family or friends, so they do not benefit from the strong rehabilitative effect of positive relationships, particularly with people on the outside. A quarter of all prisoners are care leavers. Emerging evidence, such as that from Lifelong Links, strongly suggests that family and other significant relationships are major protective factors against risky behaviours that could land many with an experience of local authority care in prison. For many, if no one is there, they make the fairly rational decision that they have nothing to lose. Having someone means they have something to lose. If family group decision-making is to go into statute, we need to build on it with a commitment to making approaches such as Lifelong Links available.

[Baroness Longfield (Lab)]

I support the amendments tabled by my noble friend Lady Armstrong. I appreciate having this opportunity to discuss in more detail family group decision-making. I welcome the measures in the Bill that seek to offer families the chance to build solutions together that can secure their children’s welfare and give them agency.

I am pleased that we are seeing support across the House for family group decision-making; that is a very positive start. My interest in supporting these amendments is about ensuring that the process is strong enough to drive and deliver the outcomes that we all want to see, so that children have better outcomes and more can safely stay with families. We have heard about that at length because of the evidence surrounding it.

I declare an interest as the executive chair of the Centre for Young Lives; I also share an office building with foundations of which my noble friend Lady Armstrong is a trustee. My experience with this, and my relationship with those organisations, goes back decades. Over that time, I have been convinced of the benefits of family group conferencing, having spoken to and worked with professionals, families and children who have gone through that process. When I first found out about it, I did not approach it as a professional who knew about that area of practice. Instead, I spoke to family members who found themselves in a situation that was spiralling out of control; they did not feel that they had any agency to provide support for family members. They had come across family group conferencing as something that their local authority had already been testing, and through it they found themselves at the centre of shaping an outcome that was much more favourable to them and their siblings.

With the amendments, we are looking at moving from a decision-making meeting that might fall foul of box-ticking tendencies, to a process that has strength and an understanding of the need for experienced leadership, trained co-ordinators and a wider network beyond the family. Some people might think that that is strange, but we all define our support networks very differently, and our wider networks can have a very strong impact on our life. As has been said, these amendments have a child-centric approach that has, as a default, the need to include children in the process.

My experience with families that have been through this, and indeed with others in the family, is that it has been transformational at a time when families often find themselves without any agency in a process that they feel is going only one way. If you have this as part of the recognised local authority system, it can be understood by families and by professionals. It is not just a whim of the director of children’s services at the time; it can be baked into the wider process of family support. It is of course so important to link this very closely with early intervention.

There are two things I wanted to say in addition. First, this will really strengthen that protection for children. This speaks to the point that the noble Baroness, Lady Armstrong, talked about: most families whose children end up in care are actually in a position of adversity. The Leeds Relational Practice Centre estimates that 90% of children are in care because of family adversity. This speaks to supporting those families, and it is right to do so. Secondly, it is not a soft option. This is challenging work for everyone involved, and the bars are high.

Finally, I too have been speaking to directors of children’s services. Most are very enthusiastic about family group conferencing and completely enthusiastic about the ambitions and intent of the Bill. I have a list of those directors of children’s services, and of the 82% of local authorities who now have family group conferencing as part of what they do. Sometimes, that is done in a small way that can be built upon, but there is a long list of authorities with a huge track record of making this work and the evidence to show that it brings better outcomes for children and families.

[Baroness Bennett of Manor Castle (GP)]

My Lords, I have attached my name to Amendment 14, already very ably introduced by the noble Baroness, Lady Walmsley, and supported by the noble Lord, Lord Farmer. I want to widen the political breadth of support for the family group decision-making process by strongly offering the Green Party’s support.

Amendment 14 differs from the amendment of the noble Baroness, Lady Stedman-Scott, which refers just to 16 and 17 year-olds. It is more expansive than the amendment from the noble Baroness, Lady Armstrong, in that it stresses the need to make every effort to ascertain the child’s wishes and feelings and give due consideration to them.

However, it is worth noting that all the amendments in this group and the associated amendments reflect, as others have said, briefings from the Children’s Charities Coalition and the Family Rights Group, which are saying, as other noble Lords have said, that the Government are going in the right direction but the Bill needs to be strengthened and made clearer, which is what this amendment and others seek to do.

In backing this amendment, I am reflecting statements I have been making in your Lordships’ House and amendments I have been tabling and signing, going back a considerable distance to the Health and Social Care Act and the Mental Health Bill. They are about listening to children and ensuring they have agency.

The noble Baroness, Lady Walmsley, referred to the survey showing that almost three-quarters of children—some 73%—feel that they are not listened to by politicians. We know there is a mental health crisis, particularly among our young people. Psychologists tell us that, as is clear to us from a common-sense perspective, not having a sense of agency or feeling as if you have control or are being listened to is damaging to your mental health.

The UN Committee on the Rights of the Child’s report from 2023 raised concerns about the significant barriers to the meaningful engagement of children in decision-making in the UK, particularly the seldom heard and marginalised group of children we are speaking about here, who are likely to be involved in family group decision-making processes. We have to ensure that people are listened to and feel that they have agency. This amendment takes us in the right direction in a constructive way, and I hope we will hear from the Minister that we will at least be taking steps in this direction.

Children’s Wellbeing and Schools Bill

Baroness Longfield Excerpts

Committee stage
Tuesday 20th May 2025 Lords Chamber

[Baroness Longfield (Lab)]

I support the amendment and will not add more to the case put forward by Action for Children, although I am grateful for its input and for that of my team at Centre for Young Lives. Schools and colleges are the public bodies and the people who often know children and young people best. They can see most children every day, and they will see where there are changes to children’s lives; they will know when things are tough at home; and many will intervene to do what they can about that. They will often provide family support: increasingly, food banks, sometimes laundries and, increasingly and very relevant to this Bill, breakfasts.

Schools and colleges will actively assess children’s well-being and regularly refer children for mental health support. They will know when children are not in school and when they are of concern. They also know the local context and any concerns locally around exploitation, drugs, county lines and the like. The pastoral teams in schools are the eyes and ears, as are youth workers and family support workers: they will all have specialist knowledge about those children and young people. We saw that, in particular, during the pandemic, when schools came to the forefront in community support and safeguarding and were recognised for their protective factor, especially for those children who were not in school. They have vital information to identify safeguarding needs and will often be very involved in supporting children and young people to keep them safe when necessary.

Children’s Wellbeing and Schools Bill

Baroness Longfield Excerpts

Committee stage
Thursday 22nd May 2025 Lords Chamber

[Lord Storey (LD)]

Actually, I have spoken to only one director and I would not wish to comment on what they said, because it would perhaps give the wrong impression.

The noble Baroness, Lady Berridge, rightly said that our child protection procedures are the envy of the world. She is right to say that, but it does not mean that we are complacent about the fact that we have good child protection procedures. You have to constantly look at any policies or systems and change and improve them. I am always impressed that children are at the heart of everything we do. When we had the Question on media literacy, and I rather cheekily asked what the Government’s number one priority was, the Minister rightly said that it was child protection. That is symptomatic of how we as a House react. We cannot stand still but, when we make detailed changes, we have to be sure that they are right. We should pilot them, perhaps learn from the pilot, and then use that to change and adapt, and we have to make the resources available.

I am particularly concerned about qualifications—they are the hallmark of safety. You would not want a plumber without any plumbing qualifications to come to your house, nor would you want an electrician without qualifications to look at the wiring. So it is in child safety, where we must make sure that the people around the table are qualified to give judgments and opinions to protect children.

As somebody who has said that he is not an expert by any means in this area, I hope that, when the Minister replies, she might simply spell out for me why she wants to make those changes and why she has not taken the advice of somebody who clearly is an expert and knows what they are talking about, and who has—probably through frustration—had to write a letter to the Times.

[Baroness Longfield (Lab)]

Perhaps I might add a few thoughts from my experience. As Children’s Commissioner for six years, I found that the greatest level of responsibility was around children in care, and I looked in detail at the experience of children in care throughout that time. One of the things that was absolutely clear to me was that the ability of local authorities to focus on early intervention diminished hugely during that period. The amount that was spent on early intervention halved during that period, while the amount that was spent on crisis doubled. You do not need to be a great mathematician to realise that the more you spend on crisis, the less you will have for early intervention.

At the heart of Josh MacAlister’s review and recommendations, which were incredibly and extensively consulted on with people at all levels, from expert practitioners to leaders of children’s services and care-experienced people themselves, was that we had to move and reset the system towards early intervention, and do so boldly in a timely manner, because it was unsustainable for the public purse to do anything other. As important, if not more important, is that more children were being left without support.

Everyone needs to be alert at any time to the consequences of any move towards increasing harm for children. What we now know and have known for some time is that more children are coming to harm now because they are not getting that support early, so it is absolutely essential that there is an urgency about that. As I said on Tuesday, those directors of children’s services that I speak to want to see that change urgently and are very much in line with the proposals that are being put forward. There will always be things that directors of children’s services will want to amend locally and test out—that is absolutely right—but what they want to know is that there is a framework nationally for them to work within and clear guidance. So, it is so important that this is here. That is not to say that those individuals will not have their own expertise in delivering.

When there are experts involved in delivering these expert practitioner roles, they are actually going to use their judgment all the time. It is not going to be about process; it has to be about children and about those families. Anyone who is just following a process because the process is there is not the expert practitioner in that role that we have the ambition for. They are going to be looking at children’s lives and responding to individuals, but at the heart of it, we have to move boldly forwards, to—

[Baroness Bousted (Lab)]

Boldly go?

[Baroness Longfield (Lab)]

Yes—I apologise for that on many levels. We have to move forward at pace, but also with confidence and determination, while also checking along the way that we are giving support where it is needed.

Finally, we need to ensure that investment is there, but we have to get to the point where we are investing money to prevent rather than to just pay the costly bills when things have got to acute status.

[Baroness Smith of Malvern (Lab)]

We are now on group three on multi-agency child protection teams. As I have already said, these teams seek to address the problems we repeatedly see when children are seriously harmed or killed, including poor information sharing, weak decision-making based on single-service perspectives, and inexperienced social workers without the support, knowledge and experience needed to make tough decisions and ensure children and families get the support they need.

One of the areas in which these teams are already being delivered is Warwickshire. Perhaps at this point, before I talk about Warwickshire, I could also respond to the point made in the previous group by the noble Baroness, Lady Barran, about the pathfinders. Actually, two of the pathfinders are not “good” or “outstanding”; they are, in fact, “requires improvement”, so that was wrong.

Teams in Warwickshire have reported, to the department, the lowest number of children on child protection plans since July 2023. This reduction is attributed to a more efficient and targeted approach by the multi-agency team, ensuring that the right children are getting the right intervention at the right time—and, crucially, as early as possible in the system. My noble friend Lady Longfield made a very important point about the nature of the objectives of this reform, which are encompassed in this Bill and in the policy paper that I referenced earlier. The objective is to shift support for children much earlier in the process and, where necessary, for a Section 47 child protection intervention to be carried out by the most experienced and senior social workers, who should be supported by a team that brings together the whole range of agencies that may well have information about the child.

With this in mind, I turn to Amendment 33, tabled by the noble Baroness, Lady O’Neill of Bexley, which seeks to allow discretion about the qualifications of persons nominated to teams and seeks clarity on the qualifications prescribed through regulations. Setting out clear requirements for the skills, knowledge and qualifications of multi-agency child protection team members ensures a consistent national standard and consistent expectations for the practitioners making decisions that protect our most vulnerable children. These children deserve this level of consistency and qualification—a point made by the noble Lord, Lord Storey.

As I have said, we know from national reviews that those on the front line of complex child protection do not always have the support and experience they need. We are determined to change that through the regulations that will accompany this legislation. The point about regulations is important, and I will come back to it again when responding to the clause stand part debate. As parliamentarians, we all know that, while it is important that primary legislation sets out the intent, design and most important elements of legislative change, operational detail is best suited to regulations, where there is more flexibility to accommodate developments in sector standards—for example, if new evidence emerges, this good practice can be reflected in the regulations. We are working with other government departments and will publicly consult on these regulations before bringing them before Parliament for scrutiny.

I turn to the clause stand part debate that seeks to remove Clause 3, of which the noble Baroness, Lady Barran, has given notice. Annie Hudson chaired the Child Safeguarding Practice Review Panel, and one of its recommendations led to the development of this legislation. There has been an important discussion about the need to enable sufficient time for appropriate implementation. However, when you have very clear recommendations—as we have here, which I will demonstrate shortly—it is incumbent on Governments to take action on the basis of that. We must ensure that the implementation is right, but we must also, as this Government have done, set out the ambition for the reform necessary in children’s social care to achieve both the strategic change that my noble friend discussed and to overcome some of the shortcomings that we have—sadly—seen evidenced in recent cases. That is what this legislation aims to do.

Annie Hudson said:

“In my time as chair of the Child Safeguarding Practice Review Panel I have seen reviews about several thousands of serious incidents where children have died or been seriously harmed as a result of abuse and neglect. It is the learning from those incidents, and most particularly the repeated lack of join up between agencies, that led to the Panel’s recommendation in our report Child Protection in England about the tragic deaths of Arthur Labinjo-Hughes and Star Hobson to introduce multi-agency child protection teams. High quality social work is critical to effective child protection, but we must also draw on the expertise of practitioners from across different professions and agencies (including police, health and education) to meet the complex safeguarding needs of some children and families. The need for multi-agency child protection teams was also clearly evidenced in our recent national review about child sexual abuse in the family environment. This review found that, once concerns had been raised, too often there was a lack of thorough child protection investigation and effective action to protect and help children. This was in part due to ‘silo’ working across agencies, and inadequate multi-agency exploration and sharing of concerns that children may be at risk”.

Children’s Wellbeing and Schools Bill

Baroness Longfield Excerpts

Committee stage
Monday 9th June 2025 Lords Chamber

[Baroness Whitaker (Lab)]

My Lords, I am disappointed to be speaking again. The first time was 21 years ago. This time, I speak in support of Amendment 67, again in support of the noble Baronesses, Lady Finlay and Lady Walmsley, now joined by my noble friend Lady Lister and the noble Lord, Lord Hampton. As such telling arguments have just been made, I will simply emphasise again that, since 2004, when I first spoke, very many more countries have come to the conclusion that children are of equal worth to adults—a view, it seems, not shared by the noble Lord, Lord Jackson of Peterborough. It is even clearer that the legacy of physical punishment of children is more violence in society and worse mental health. As the noble Baroness, Lady Finlay, said, there is no definition of “reasonable punishment”. Surely it is time to agree that physical punishment is the reverse of reasonable and get it out of our common understanding of discipline.

[Baroness Longfield (Lab)]

My Lords, I, too, support the amendment and thank noble Lords for putting it forward. This is not a new debate: I called for this change in law many years ago, including when I was Children’s Commissioner for England. I have not changed my view. As we have heard, Sweden outlawed smacking in 1979, and I can remember when the last Labour Government faced the same calls those 20 years ago. We did, of course, banish corporal punishment in schools a long time ago. The moves in Scotland, in Wales and in Ireland over very recent years have all been about closing the loophole, because they all recognise that the defence of reasonable chastisement is outdated and wrong. I believe it is time for England to follow suit: making sure that children have equal protection from adults.

I think that we have moved on considerably in this country over recent years on the issue and that views have changed. It is no longer a particularly contentious issue, I do not think. Most parents no longer believe that hitting children is the right way to improve behaviour or to discipline children: it is much better to support and help parents to support their children with positive behaviour. We should not see this as either a complex or controversial issue or debate. It is not the nanny state or the Government interfering in how parents discipline their children. This amendment makes a sensible and long-overdue change that does no more than provide children with the same right as adults not to be the victims of assault.

[Baroness Benjamin (LD)]

My Lords, I rise to support Amendment 173 and the passionate speech on child neglect by my noble friend Lady Tyler. Neglect can affect a child right through into adulthood, and we need to address this by giving support to the protection of our children. I also support Amendment 67 in the name of the noble Baroness, Lady Finlay, who spoke so powerfully, and in the name of other noble Lords. In doing so, I declare my interest as vice-president of Barnardo’s.

As we have heard, Barnardo’s, the NSPCC and the Royal College of Paediatrics and Child Health, together with over 20 other organisations, including UNICEF, have called for a complete ban on smacking. Almost 70 countries have banned smacking, leaving no ambiguity in the law: it is never okay to “reasonably punish” a child. It is time to join those countries and end physical punishment against children.

There is no evidence that smacking is effective or that it prevents bad behaviour or that it teaches positive behaviour. It can lead to mental health issues in later life and develop a pattern of behaviour of a child learning to use violence to solve problems, to get what they want or even to become a bully.

Smacking can damage parent-child relationships and lead to resentment and fear rather than respect. I have spoken to so many adults who tell me how much they hate their father because of the physical violence that they suffered as a child. It is not only fathers whom they hate but mothers who have inflicted violence on their children.

It is much better to talk a problem through with a child, reason with a child through role play and set good behavioural examples. The earlier that this starts, the better it is in the long term for a happy childhood experience. I wholeheartedly support this amendment.

Children’s Wellbeing and Schools Bill

Baroness Longfield Excerpts

Committee stage
Tuesday 17th June 2025 Lords Chamber

[Baroness Longfield (Lab)]

My Lords, my Amendments 108 to 116 focus on the distance from home of placements for children in care, and the impact of the move to regional care co-operatives. I welcome the move to regional care arrangements of this kind, as well as the significant increase in investment in children’s social care in last week’s spending review. Put together, they offer a real opportunity to power up on the delivery and implementation of the MacAlister recommendations for children’s social care, with real improvements to the experience of and outcomes for children in care.

The distance from home that some children in care have been placed in has, as many noble Lords will know, been an issue for some time. Local authorities across the country have faced increasing challenges in delivering sufficiency of places near to home in recent years, due to increasing demand, rising costs, cuts to early-intervention funding, and workforce challenges, leading to what can be seen only as a broken care market.

The national issue has had a significant impact on the experiences and outcomes of children in care, who too often are moved to homes that are unable to meet all their needs or moved far away from those who matter most to them, due to a shortage of appropriate options. Between 2013 and 2024, the number of children in care living more than 20 miles from home increased by 66%, compared with a 23% increase in the overall number of children in care during the same period. In 2024, more than a fifth of all children in care and almost half of those living in residential care were living more than 20 miles from home.

Research from the charity Become has highlighted that children living in private children’s homes were two and a half times more likely to be living such a distance from their community than children living in other residential care settings. We have talked before about the negative impact of being separated from communities, support networks, friends, families and schools, and what that can bring—exacerbating adversity in a whole range of different issues.

The move to regional care co-operatives is, as I said, welcome, and is an opportunity for better planning. But there is a risk that without effective mitigation, the proposal to regionalise the commissioning and delivery of homes for children in care could lead to more children being moved far from their support networks in communities but within the region. I know that that is not what anyone wants.

That is why I have tabled these amendments, which, taken together, would provide an important mitigation to stop children in care increasingly being moved far away from their support networks but still within the region. I would be grateful if my noble friend the Minister and her team would consider these changes to provide children in care the surety that they can stay close to those with whom they have relationships and to support networks when that it is in their best interests.

[Lord Meston (CB)]

My Lords, following on from that, I too wish to support those amendments directed specifically at ensuring placement of children close to home, both in this group and the next. Quite simply, state intervention in the life of a family should, if possible, make things better, not worse. Recent figures from the Department for Education show that one in 10 looked-after children experience three or more placements in a year; this is described as “high placement instability”.

There is already in Section 22C of the Children Act an important requirement to accommodate children close to home. It is recognised that such proximity increases the prospects of a child being later returned home. When a child is accommodated away from home and from parents, and away from a familiar area, some parents become unable or unwilling to provide any further support and they disengage, or at least they give up on active engagement.

There will remain a need for interaction between the local authority and parents. Parents retain parental responsibility and, even if they do not do so, they should be encouraged to remain involved and see themselves as able to remain involved. That is likely to be reassuring for the child and meet that child’s continuing attachment needs. However, parents and wider family members cannot be expected to maintain involvement unless the placement of the child is reasonably accessible to them. Phone and digital contact are no real substitute.

I suspect the Minister might say that the obligation under Section 22C is already referred to in the Bill, but I would support the suggestion that it should be emphasised and reinforced by these amendments. I also support Amendment 117B in the name of the noble Baroness, Lady Cash, which would ensure that the Bill does not detract from the duty in Section 22C(7) of the Children Act.

Children’s Wellbeing and Schools Bill

Baroness Longfield Excerpts

Committee stage
Thursday 19th June 2025 Lords Chamber

Moved by

[Baroness Longfield]

142: Clause 15, page 29, line 34, at end insert—
“(c) a supported accommodation setting in England.”

--- Later in debate ---

[Baroness Longfield (Lab)]

My Lords, Amendment 142 is in my name. It sets out to make the case for the inclusion of supported accommodation in the scope of the proposed profit cap. Following clarification from my noble friend the Minister, including in answers to questions in earlier groups in Committee, I am content that that is the case, and that the intention is to include supported accommodation within these measures, so I will not be moving this amendment.

[The Deputy Chairman of Committees (Lord Geddes) (Con)]

I am sorry but, having spoken to the amendment, the noble Baroness must move it so that others can comment.

[Baroness Longfield (Lab)]

I beg to move.

[Baroness Barran (Con)]

My Lords, Amendments 142A to 142C, 504A and 505A are in my name. I will not speak to Amendment 142 in the name of the noble Baroness, Lady Longfield, and I thank her for giving me advance notice of her intentions. I will also probe the merits of Clause 15 standing part of the Bill.

Amendment 142A mirrors my earlier Amendments 138D, 138E and 139A, which would have excluded natural persons with a role in the management of a business from receiving personal financial penalties. I have reread the Minister’s remarks in Hansard from our debate on Tuesday, and I confess I am still not entirely clear about the status of a natural person who is registered at Companies House. The Minister said earlier that the figure of 10 operators out of over 2,700 was based on Companies House data. Forgive my ignorance, but I do not know what legal status an organisation registered with Companies House has if it is not a company. If it is a company, I am not sure what the status of a natural person is.

The reason for these amendments is simple, as I set out before. It is based on a concern that, without these amendments, the Bill will limit the number of people who are prepared to take senior management responsibility in such providers and will lead to providers exiting the sector. I may have misunderstood what is meant by “an operator”—namely, that it is the owner of a business rather than the senior management—but perhaps the Minister could clarify both those points when she sums up.

Amendments 142B and 142C would limit the maximum fine for a provider to 10% of its turnover and, if imposed on a natural person, to £100,000. We have heard that margins in the children’s home sector average 22%, although in the LGA-commissioned report this figure is taken from, the range of margins is very wide. If we took 10% of a company’s turnover and accepted an average margin of 22%, that would be almost 50% of its profits, which surely is a very strong incentive to avoid being fined. Can the Minister set out what level of fine the Government expect to impose and what the criteria will be for different levels of financial penalty?

Amendments 504A and 505A would delay the commencement of Clause 15 until the Secretary of State has published a report that sets out the current levels of capacity in independent children’s homes, independent fostering agencies and, perhaps, based on the Minister’s remarks on Tuesday, supported accommodation. Again, I wonder whether she could confirm that last point.

The report would also need to have an impact assessment on the number of available placements in relevant homes or agencies. I am definitely not an expert on regulatory impact assessments, I confess, but the Government’s own regulatory impact assessment has, to my amateur eyes, clear gaps; hence the need for my Amendments 504A and 505A.

In the section of the document titled “Expected impacts on businesses”, it states:

“It is not possible for the department to monetise the impact of any future profit cap at this stage. This is because the impact will depend on both the level at which any future cap is set and the market conditions—including profit levels, supply and demand and diversity of provision—at the time that a cap were introduced. Attempting to include straw man figures at this stage—far in advance of any decision about whether or not to introduce a profit cap—would be unhelpful and would have the potential to adversely impact the market by driving providers to make incorrect assumptions about the future level of any future cap based on such figures”.


My amendments would bridge this gap by requiring the publication of an impact assessment when the Government are clear on what their approach to a profit cap will be and by capturing the baseline data on capacity so that the impact of a future cap can be analysed and understood.

My reason for questioning the approach to capping profits as set out in Clause 15 is based partly on the concerns expressed by the Competition and Markets Authority. It was very clear in its report that

“taking measures that directly limit prices and profits, would further reduce the incentives of private providers to invest in creating new capacity (or even to maintain some current capacity)”.

I wonder what assessment the Government made of this risk which led them to ignore the CMA’s advice. Can the Minister set out what impact the department believes this measure will have on investment in sector? What do the latest figures show?

More broadly, there is an important point of principle here. As David Rowland, the director of the Centre for Health and the Public Interest, wrote in a blog published by the London School of Economics in December 2024, if the Government decide that one sector has excessive profiteering and will cap the level of profit in that sector,

“there is no good reason for it not to be extended to other areas as well”.

I wonder what other areas the Government might be considering. David Rowland’s work has highlighted other areas where companies are profiting from—I quote the right honourable Secretary of State for Education—the trauma and abuse of

“some of the most vulnerable children in our country””.—[Official Report, Commons, 18/11/24; col. 27.]

This includes in the management of sexual assault referral centres which serve children, where he cites one business as generating 25% margins after tax—much higher than the 22% margin on earnings before interest, tax, depreciation and amortisation generated by the average children’s home. Might this be an area in which the Government are considering profit caps?

It would also be helpful if the Minister could confirm what operating margin, as opposed to EBITDA margin, the Government think is acceptable for operators of children’s homes, independent fostering agencies and supported accommodation. What is the figure for operating margins today? The figures in the LGA-commissioned report that the Government reference in their regulatory impact assessment are for earnings before interest, depreciation, amortisation and tax, and date from 2023. They are for around the 20 largest providers only. Why have the Government not done their own analysis of profitability across the sector, rather than relying on an external document that is two years old and looks at only part of the sector?

On Tuesday, after I gave my back-of-the-envelope figure of, from memory, £500 million or £600 million, the Minister quoted the sector as having a combined EBITDA of £310 million. But this figure from the Government’s own report, which is taken from the LGA’s analysis, covers just the 19 largest providers of children’s homes. The report goes on to say that the top 22 providers own 40% of children’s homes. That, of course, will not necessarily equate to 40% of profit, but it seems clear that £310 million is not the right number. The Minister should set the record straight at some point—if not now, then in a letter.

--- Later in debate ---

[The Deputy Chairman of Committees (Baroness Scott of Needham Market) (LD)]

The noble Baroness, Lady Longfield, has the right to reply.

[Baroness Longfield (Lab)]

I have already indicated my intention to withdraw my amendment.

[Baroness Barran (Con)]

My Lords, I thank the Minister for her reply.

On the point of principle—why you would put a profit cap on one area of the economy where you think there is profiteering on the back of vulnerable children, but not on another—the Minister said that there was no intention to extend this; indeed, she said that she hoped it would not be used. I certainly agree with that, but I do not really understand why, where children have been sexually assaulted or raped and companies are making far higher profit margins than the ones we are talking about here, the Government would choose to apply a profit cap on one and not the other. That does not feel very coherent to me.

I also felt that the Minister was slightly selective in the quotes she chose to identify from the Competition and Markets Authority report. The CMA was clear that it thought that a profit cap was not a good idea. I would also like to clarify something for the record. I think the Minister suggested that I said that current margins were driving supply. I said that current margins, according to the recent data, are uneven and actually falling, so I did not suggest that they were driving supply.

Children’s Wellbeing and Schools Bill

Baroness Longfield Excerpts

Committee stage
Monday 23rd June 2025 Lords Chamber

[Lord Meston (CB)]

I, too, want to move on, but I cannot resist repeating my admiration for the admirable Bill last year from the noble Lord, Lord Farmer, and his work on family hubs. I will concentrate on Amendment 183B from the noble Baroness, Lady Cash, and concentrate on just one aspect of school readiness and the proposed healthy child programme.

I would like to see specifically included in the proposed healthy child programme referred to in the noble Baroness’s amendment the promotion and encouragement before starting school of vaccination against preventable diseases. Many other countries provide for the mandatory vaccination of children, backed by various types of sanctions—including, it has to be said, exclusion from certain benefits and services. I am not suggesting that for this Bill; that is a debate for another day. However, children are not being vaccinated as they ought to be, and surely vaccination is something to refer to expressly as part of any suggested healthy child programme. It is an important and probably essential public health intervention. A failure to vaccinate a child in readiness for school is seen by some doctors as a red flag for possible parental neglect, because vaccination is the most important thing to be done to protect children. I would like to have seen it in the noble Baroness’s amendment.

[Baroness Longfield (Lab)]

I feel the need to add some thoughts of my own to this conversation, which I am very pleased that we are having. I declare my interest as the executive chair of the Centre for Young Lives. I thank noble Lords for their kind comments on that.

This is a really crucial area of policy, and I am delighted that we are expecting an early years strategy and that we have consensus across the House on this—indeed, with the evidence as well. In the spirit of moving on, I hope that there is cross-party consensus going forward on the importance of this, not only for individual children and their families but for the country as a whole, in terms of employment, growth, crime reduction and health.

I could go on for an awfully long time on this, but I shall not. But I wonder whether my noble friend the Minister might say something in her closing remarks about the conversations that she is having with the Department of Health, because that partnership is obviously particularly important for early years and early years development.

[Lord Weir of Ballyholme (DUP)]

My Lords, I support the group of amendments before us, which are well judged. I appreciate that they are essentially probing in nature, but I will make a couple of brief observations.

First, the amendments are important because they focus our minds on long-term strategy. It is often the complaint about government—about any Government; I do not want to be partisan in that regard—that Ministers will often look at what is in tomorrow’s papers and what is going to lead the politics shows on Sunday. At most, if they have particular levels of vision, they might look at what will get them through to the next election.

We know that there must be a much greater focus within government on long-term strategy. The perils of short-termism are no more acute anywhere than in the issue of education. We know that when we look at interventions, particularly early interventions in education, the true dividends of what we provide and invest in may not manifest themselves until 10 or 15 years down the line, but that is no great reason for us to shy away from them. Indeed, it is something that we need to embrace.

Secondly, as other Members have said—I will not repeat the figures—we know that early interventions can create massive dividends for society. Whether that is on the basis of diversion of young people away from future social problems, from justice issues, or of foregrounding, from a societal point of view, in terms of their education, what I think will become an increasing problem, which is the need for early identification of special educational needs—we have seen the explosion in terms of the cost within that. Those are all, if we take it from a very cynical, crude point of view, massive societal gains for a level of investment in early intervention, but on a personal basis, the biggest single intervention is in changing the lives of those individual children. Because I believe that in a society, education can be the great life changer, it can be the great deliverer for young people as individuals.

Thirdly, I believe it is the right focus. We will, in this Committee and other places, spend a lot of time debating the importance of getting qualifications right, getting school transfers correct at different ages, getting the right provision of schools and dealing with curriculums. All those are, I think, very important educational subjects, but the biggest single intervention that helps to determine how successful a child is in education happens before they walk through the school doors in the first place. That is not just my opinion. When I was Minister of Education for Northern Ireland, we commissioned a report entitled A Fair Start, which gathered experts in the field, whether they were academics or people who had direct life experiences. Their strong conclusion was that the biggest single thing that government can do to tackle educational underachievement and raise attainment levels is in that intervention before a child even reaches school.

Fourthly, I say, without entering into the turf war on Sure Start, that it worked well, and when I was Minister in Northern Ireland, I sought to enhance and support it. However, it is also the case that if we are looking at early interventions, we know that there will be families that are at risk of raising children with low educational achievement, and we know that there are communities out there where socioeconomic barriers create problems. Again, from experience and from talking to a lot of people, I think that if we are to have the best early interventions, we need a sense of co-operation and buy-in, particularly from the communities where we are targeting those interventions. If a community in whatever part of the United Kingdom feels that this is simply a top-down solution which is being imposed upon them, and they are being talked down to, the ability for that community to change and to have a level of ownership of education is greatly reduced.

It is important, I think, whenever we look at early interventions that we not only get it fully supported but get it right, which is why I think that the amendments focusing on a strong sense of strategy and taking a very clear look at this are very important.

Children’s Wellbeing and Schools Bill

Baroness Longfield Excerpts

Committee stage
Tuesday 2nd September 2025 Lords Chamber

[Lord Crisp (CB)]

Rather foolishly in retrospect, I have added my name to several amendments proposed by Front-Bench Members of the parties opposite, and I therefore have to speak first on them, rather than just say that I agree. On this occasion, the noble Lord, Lord Storey, has proposed a new clause reviewing the impact on home-educators and the reduction of unnecessary reporting after the event. It also includes an assessment of the administrative and reporting requirements placed on local authorities as part of its proposed terms of reference.

Particularly in the light of this morning’s discussions, when we looked a great deal at the impact on home-educators but also on unprepared local authorities, and the expectation that local authorities should up their game considerably as a result of a number of measures in the Bill, it will be even more important to undertake a review such as this. The Minister has suggested that regulation will provide considerable flexibility. Some of us, including me, have been arguing that some of that flexibility needs to be put in the Bill and that there needs to be parameters around it. But even if there is flexibility, it will be interesting to see whether that actually works in practice. I am very much a supporter of the amendment proposed by the noble Lord, Lord Storey.

[Baroness Longfield (Lab)]

I will make a quick intervention, if I may, just to counter the claim that the troubled families programme achieved nothing. The evidence does not tell us that, so it is important not to allow us to think that.

[Lord Nash (Con)]

I support the point that has just been made, which is perfectly valid. Some of the elements of the troubled families programme could be used for school home support for children persistently absent from school. I invite the Minister to look at that, because some of the issues with children who are persistently absent are wider family issues. They need a relationship with one partner of government rather than many, which they do not trust. The noble Baroness makes a very good point.

Children’s Wellbeing and Schools Bill

Baroness Longfield Excerpts

Committee stage
Tuesday 16th September 2025 Lords Chamber

Moved by

[Baroness Longfield]

450: Clause 53, page 115, line 26, at end insert—
“85ZB Managed moves and the Fair Access Protocol(1) Before the initiation of any managed move of a registered pupil from one maintained school or Academy to another, the pupil must be considered under the local authority’s Fair Access Protocol.(2) The consideration under subsection (1) must include consultation with—(a) the current school,(b) the proposed receiving school, and(c) the parent or carer of the pupil, and where appropriate, the pupil.(3) The local authority must keep and maintain a record of all managed moves occurring to, from, or within its area.(4) Where a managed move results in the registration of a pupil at a school within the area of a different local authority, the responsibility for monitoring the educational outcomes and welfare of the pupil following the move shall transfer to that receiving local authority upon the pupil's registration at the new school.(5) The duty imposed by subsection (1) above does not apply—(a) in circumstances where the child of compulsory school age is removed from the roll of one school and registered at another school solely as a consequence of the child's change of ordinary residence, provided that—(i) the change of residence is documented and verified, and(ii) arrangements for re-registration at a new school are underway or have been made within a reasonable period.(6) A record under subsection (3) must include—(a) the reasons for the move,(b) the schools involved,(c) whether the move was voluntary or directed, and(d) the outcome for the pupil.(7) Each local authority must submit an annual report to the Secretary of State containing a summary of managed moves conducted under this section. (8) The Secretary of State may issue guidance to local authorities and schools on the implementation of this section, to which they must have regard.(9) In this section—“managed moves” means a permanent change of the pupil’s school registration, where a move is not a result of—(a) a permanent exclusion under Section 51A of the Education Act 1996;(b) a transfer to a special school pursuant to Section 42 of the Children and Families Act 2014;(c) a change of registration due to school closure;(d) movement between educational phases;(e) change in school type as a consequence of the Academy Act 2010.“school” has the same meaning as in Part 4 of the Education Act 1996.”

[Baroness Longfield (Lab)]

My Lords, I will speak to my Amendment 450 on managed moves, as well as Amendment 453, which is in the name of the noble Lord, Lord Storey.

The amendments concern a group of children who are literally moved between schools. At the moment, they are pretty much out of the spotlight and are not in any way accountable within the system. Mine is a very practical amendment: it seeks to provide a framework that is consistent, fair and transparent, so that we do not lose these children. It would ensure that we know where they are and that the moves are in their best interests. Managed moves relate to permanent changes of pupils on a school registration where the move is not the result of a permanent exclusion, transfer to a special school, school closure or movement between educational phases. They are currently unmonitored and unregulated in many areas.

While some local authorities have very strong protocols and partnerships that mean that managed moves operate well, the lack of appropriate guard-rails, to ensure moves between schools are in the best interests of the child, has allowed some problematic practices to emerge. In the current system, frequently neither the local authorities nor the Government know where, or even if, the child is being educated following a managed move. The Who is Losing Learning? report this year uncovered a deeply concerning trend: it estimated that, for every child that was permanently excluded, there were 10 more invisibly being moved around the system behind that. There are also reports that, sometimes, children can almost be traded between different schools and systems within this process. Some children will spend a lot of time out of school as a result, and others are moved time and time again.

The solution proposed in my amendment is very practical. It would bring managed moves in line with suspensions and exclusions. It proposes that they are put through the existing fair access protocol and that local authorities report on its use to the Department for Education. This would subject managed moves to a collaborative peer review and set out what knowledge and oversight the appropriate local authorities and the Department for Education have. It would be important that discussion of, and application to, the fair access protocol should happen before the move is initiated, to ensure that the child’s education does not get disrupted as a result.

We want local authorities to keep good records, as we must be clear on where responsibility lies for that child as they move between schools. We also want a stipulation that this does not apply to a child when they move from one school to another because of a change in the child’s residence. There is a real need for a definition of managed moves and for all those managed moves then to be reported back to the department, with an annual report on the numbers and nature of those moves.

There is an opportunity here to draw on the really good practice that occurs in many areas and to create a standardised approach that would be fair, transparent, accountable and, ultimately, in the best interests of the child. This speaks to the ambition that we all have for increasing opportunities for all children while also strengthening inclusion—that is what we all want to see. The provisions are practical and doable, and I look forward to the Minister’s response. I beg to move.

[Lord Agnew of Oulton (Con)]

My Lords, I speak in support of my Amendments 452 and 454, on the control of admissions into schools. This is a fraught issue for parents trying to get their children into excellent schools that lack sufficient places, so rationing—that unpleasant word—has to apply. Where the shortage of places is structural, outstanding schools can be and are supported to expand their facilities. In my trust, we have an outstanding school that started out with us in special measures over 10 years ago. It has nearly doubled its cohort size over that time, and I am grateful to the local authority and indeed to the DfE for supporting that expansion in physical terms. This year, it was the highest-performing secondary school in Norfolk at GCSE, and I am incredibly proud of the staff who have achieved that. But, more relevant for this legislation, it shows that the system can work well and responsibly.

--- Later in debate ---

I hope that, given the assurances I have provided, my noble friend Lady Longfield will feel able to withdraw her amendment.

[Baroness Longfield (Lab)]

My Lords, I thank my noble friend the Minister for her response and the emphasis that she has placed throughout on inclusion. The ambition is for all children to be able to benefit from a great education and for them to be able to thrive in school.

The amendment I put forward about managed moves is very much about keeping children within schools and the education system. It is a practical response, and I have been really pleased to bring together a group of schools and school leaders who are really putting forward a very positive practice by meeting with the education team and talking about that. With that in mind, I beg leave to withdraw my amendment.

Amendment 450 withdrawn.

--- Later in debate ---

[Lord Lucas (Con)]

My Lords, I very much support the noble Baroness, Lady Bennett, and the amendments she has put forward. I hope that the Government are thoroughly behind the National Education Nature Park, which is a great initiative from the Department for Education, and are looking for ways to push that out, maybe through the natural history GCSE. If the noble Baroness feels in need of a holiday, I recommend Japan as a place that has really got on top of how to get young citizens involved with nature; that may surprise noble Lords, in view of the urban character of Japan, but it is very good at that.

I also agree with my noble friend Lady Spielman that indirect measures are best. They are very much the underpinning of the Good Schools Guide: watching, observing and looking for strong structures and relationships—and, yes, someone to turn to when you do not know what to do, but an excess of mental health professionals is almost always the sign of a school in trouble.

When it comes to children, the Heisenberg uncertainty principle applies. By asking a child a question, you create the answer; you have to be really careful how you try to measure well-being, particularly in young children. Maybe the Dutch can teach us to do it, but I share the scepticism of the noble Baroness, Lady Fox, about much of what is going on in schools at the moment.

[Baroness Longfield (Lab)]

I shall add something on those points, although I do not want to drag this on. Clearly, this arouses a lot of emotions, but we are mixing a lot of things up. There are rooms full of evidence on how these effectively work, not least on the things that the noble Lord is putting forward. I do not think that schools are being asked to undertake surveys—it is about giving information to schools, which is a completely different aspect.

What we should all be talking about here is keeping children well, which means intervening when they need help; it does not mean taking them to clinics or overmedicalisation but it is about providing positive environments in which children can flourish. Also, it is not something that we are asking schools to take on; schools have had to take this on, because it comes through the door. We are talking about other professionals —health professionals, youth workers and others, who know about well-being—being able to work with schools to support those children. This is a win-win for everyone, and children and their families are the last ones who want to overmedicalise this and come up with what has been described as an industrialisation of a medical complex. That is not what anyone wants, and I do not think that it is there in any of the intentions that have been put forward.

[Baroness Grey-Thompson (CB)]

My Lords, I declare an interest in that I am chair of Sport Wales. I strongly support Amendment 472 in the name of my noble friend Lord O’Donnell, and I agree that it is one of the most important things that we can do. At Sport Wales, we carry out a school sport survey, and we had responses from 116,000 children who gave their opinion on sport and well-being. We do not use it only to focus the funding; it is to help them to be part of the solution, to think about how their well-being might be improved.

I have my name on Amendment 500. I make a plea for physical literacy, and for giving it the same status as literacy and numeracy. We know that, if we teach children good physical literacy skills, it helps their mental well-being. The reason why we need to do this is that we are in a time of crisis. UK Active data shows that we have a generation of children who are more likely to die before their parents because of inactivity. A press release issued by the Department for Work and Pensions on 18 June 2025 stated that one in eight young people is not in education, employment or training. I realise that that cuts across age groups and is looking at something different—but we have up to 93,000 young people between 16 and 24 on personal independence payments. This is not to criticise the Government, but the system is not sustainable in this current format. We cannot keep just pushing young people on to benefits, so we have to do something differently. This group of amendments is part of the solution to helping young people. In a Bill that has well-being in its Title, it would make sense that we measure well-being.

Children’s Wellbeing and Schools Bill

Baroness Longfield Excerpts

Committee stage
Thursday 18th September 2025 Lords Chamber

[Baroness Longfield (Lab)]

My Lords, I will speak in support of Amendments 469 and 470, and I thank my noble friend for making such a strong and clear case for why they are important.

As a former Children’s Commissioner who worked very much within the framework of the UNCRC as the legal person required to promote and support children’s rights, the Committee will not be surprised to hear me speaking up for these amendments. As part of that role, I met children’s commissioners and Governments from around Europe and the rest of the world. They were at different stages of having regard to the UNCRC, but it was very clear from all my conversations with those who had taken the step towards incorporation—senior members of Government and others working in the public sector and wider society—that this was an important declaration for their country and for how they viewed themselves.

I am proud of the work that this Bill, as well as the wider work of government, is putting forward to make children a much more central commitment in decision-making. These amendments would offer a next, important step. However, the discussion around this can often become quite legalistic and technical, which sometimes distracts. We need to get to the heart of what this is about: making sure that we have a consistent focus on how we, as a nation, put our children first. We know that what happens in childhood will have an impact throughout the whole of life—and that impacts at the heart of who we are as a nation.

Children do not fit neatly into government departments; no one at the Cabinet table exclusively represents the best interests of children. Children do not vote, so they often get missed out in key moments of decision-making, and, as we know, they are most likely to fall through the gaps. In short, it is very easy for children to be overlooked and to fall between the departments and decision-makers who are making policies.

Children’s rights impact assessments can strengthen that move. They may sound technical and bureaucratic, but, again, this is about ensuring that decisions are made in the round and these issues are considered. We most seriously felt the lack of that during the pandemic, when decisions were made that were not in children’s best interests and there was no framework for wider consideration. Many departments undertake impact assessments, but I do not think that they yet have the status or consistency needed across government. During the pandemic, we saw other countries, such as Scotland and Wales, putting forward impact assessments on decisions made about children that considered wide-ranging issues, from economics to schooling and health, to ensure that children’s best interests were looked at in the round. It did not mean that those things could not be improved, but it meant that there was a consistent framework for consideration.

That is what I am putting forward for consideration today: that we take the next step to look at strengthening the framework, within government and our legal system, that puts children on a firm footing—not only in emergencies but in day-to-day life. We must have the ambition of putting children first in all the decisions we make, to ensure that we are not holding them back and that their best interests are taken into account.

[Lord Wei (Con)]

My Lords, I will speak to Amendment 502YP, which stands in my name. This amendment goes to the heart of how government power is exercised in the Bill. It would require the Secretary of State, when issuing guidance and reviewing parental appeals, to act in a manner that is substantively fair, proportionate and consistent with the best interests of the child while also taking into account the burdens that they might impose on families and parents.

Why is such a provision necessary? It is not enough for Ministers to draft guidance that looks acceptable on paper or to frame decisions in language that appears compatible with human rights law. What matters is how these powers operate in practice and how they impact parents and children, and other stakeholders in their daily lives.

Too often, many innocent families that I have spoken with experience the gap between theory and practice. They are told that regulations are light-touch, yet find themselves deluged with data requests, threatened with attendance orders or subject to investigatory processes that are often triggered not by evidence of harm but by mere administrative suspicion. From my work with home-educating families, I have heard repeatedly of parents treated as problems to be managed rather than partners in their child’s learning and well-being. That is not safeguarding; it is coercion disguised as oversight.

I understand that the guidance-led approach and strategy that the Government have taken is a means to try to block loopholes both now and into the future, but I urge the Minister and the department to think about the costs that this Henry VIII-led approach impose. For many families who find themselves on the wrong side of an investigation—and let us remember that the majority of investigations never lead to a conviction —it imposes huge court fees and requires them to set aside years of their lives to fight for their rights. It puts costs on to ordinary citizens. This amendment seeks to ensure that courts, when reviewing such actions, look beyond the fine words of official guidance to their real-world effect.

Does the policy genuinely protect children, or does it impose burdens that are unnecessary, unfair or disproportionate? Does it still respect the primacy of parents under Section 7 of the Education Act 1996, or does it erode it by stealth? The principle of substantive fairness is well established in case law. The Supreme Court has affirmed that state interference with family life must be proportionate, necessary and justified by evidence of significant harm. In R (W) v Birmingham City Council, the court stressed that suspicion alone is insufficient to override parental decision-making, and in Strasbourg jurisprudence, cases such as TP and KM v United Kingdom, and Folgerø and others v Norway, make clear that formal compliance with Article 8 is not enough if, in practice, families are subjected to arbitrary or excessive state interference.

This is not only about legal safeguards but about rebuilding trust. Parents must have the confidence that when the Secretary of State issues guidance it is designed to support, not to harass, empower or intimidate. They must know that appeals will be judged not by a tick-box reading of regulations but by a substantive assessment of what is fair, proportionate and in the best interests of their child.

To use one example, guidance might say that local authorities may request information as necessary. On its face, this sounds reasonable, but in practice families have reportedly been asked for intrusive details about their beliefs, philosophies or private lives—information far beyond what is needed to confirm that a child is receiving a suitable education. Under my amendment, the court would be obliged to ask not just whether the words of the guidance seem lawful but whether its application crosses the line into disproportionate intrusion.

Let us also consider parental appeals. Without a substantive fairness test the Secretary of State could uphold decisions that technically meet the letter of the law or guidance but are manifestly unjust, such as refusing deregistration when a child is in acute distress or supporting disproportionate monitoring conditions that make family life untenable. This amendment would require that such decisions be tested against their effect on the ground.

Some may fear that this opens the door to endless litigation. I would argue the opposite. By embedding the principle of substantive fairness from the outset, we give clearer guidance to decision-makers, reducing the scope for arbitrary or heavy-handed action and thus reducing the likelihood of judicial review. It is precisely when parents and families feel trapped, unheard and mistreated that they resort to the courts.

This amendment is not limited to home-educators; it will protect all families affected by the Bill. Schools will also benefit if guidance remains targeted and proportionate rather than bloated with impractical demands. Local authorities, often stretched to breaking point, will be shielded from the impossible task of enforcing rules that look neat in Whitehall but are unworkable on the ground.

It also respects the proper role of Parliament—of this place. Too often, we legislate with the assumption that the department will interpret and apply the law reasonably, but when guidance becomes overreaching or unfair, it is our reputation that suffers. This amendment restores a crucial check, ensuring that actions under the Bill are judged by their substance, not their spin.

Finally, I stress that this does not prevent the Minister issuing robust guidance where children are genuinely at risk. It requires that such guidance be necessary, proportionate and practically implementable without undermining parental and family rights. That is exactly the balance struck in our domestic law and by the European Court of Human Rights: protection where there is evidence of harm but restraint where there is not.

If we pass the Bill without such safeguards, we risk embedding a culture of formal compliance that is blind to lived reality. We risk measures that look lawful and feel great about them, but that feel unjust. In doing so, we risk losing the trust of the very parents, families and children whose partnership we need to safeguard children’s lives effectively.

Amendment 502YP offers a principled, proportionate solution. It ensures that the law is not just words on paper but fairness in practice. It strengthens oversight, protects families and upholds the integrity of our child protection and education systems. I commend it to the Committee.