Children’s Wellbeing and Schools Bill

Baroness Sanderson of Welton Excerpts

Tuesday 17th June 2025 Lords Chamber

[Lord Farmer (Con)]

My Lords, I support Amendment 119 tabled by my noble friend Lord Agnew, to which I have added my name. He spoke very persuasively for it.

I did read the Minister’s response to the debate last Thursday on Amendment 82, which would similarly have made it compulsory for children in kinship care to be offered such a place. I agree with her answer in pretty much all respects. She recognised the positive impact that boarding schools can have, but they should not be the default for all children living in kinship care. She cited the importance of stability in education and friendships to well-being and educational outcomes. Moving schools would, of course, be potentially highly detrimental.

I ask the Minister: could she work with me and my noble friend Lord Agnew to word this legislation to remove any sense of default? My aim is simply to make this option available to all, as this is currently not the case. The arguments and evidence—for making the boarding school option available to both children in kinship care and children in local authority care—overlap significantly in these amendments. My noble friend Lady Berridge eloquently made the case for Amendment 82 when I was unable to be here, so I will not repeat it.

[Baroness Sanderson of Welton (Con)]

My Lords, I would like to speak to Amendment 134B in my name and to support a number of amendments in this group. I make it clear that this is a probing amendment. I appreciate that the Government have a wider agenda in relation to planning—so it may be that this Bill is not the right vehicle—but I did want to pick up on a proposal from the Government’s policy statement Green Paper, Keeping Children Safe, Helping Families Thrive, which the Minister has already mentioned. It states that the Government will look at

“options to reform the planning process to enable providers to more easily set up homes where they are most needed”.

Specifically, it says that they will

“consider potential legislative options or further changes to support the delivery of small children’s homes”.

We know that we have seen a move away from the larger homes, with the most recent government statistics showing that homes registered within the previous year were for three places on average, and four places was the average for all active or suspended children’s homes as of March 2024. We also know—and it has been quite clearly demonstrated—that we need more capacity and that children are being placed in unsuitable accommodation.

On this point, I very much support my noble friend Lord Lucas’s Amendment 118, as well as Amendment 114, which attempts to deal with the problem of unregulated homes. As the noble Lord, Lord Watson, and the noble Baroness, Lady Tyler, have said, it is quite hard to believe that these homes exist, but exist they do. That is a capacity issue and something that, frankly, we are just going to have to do deal with. I appreciate that the Government announced investment into the children’s homes estate last week; that is, of course, welcome and a good thing. However, there are additional measures that could deal with capacity, and these relate to planning regulations.

The CMA’s 2022 study, which has already been mentioned, found that one of the main barriers to opening new homes is planning permission. The study’s authors heard repeated concerns about failed planning applications, often due to local opposition, which, in its words,

“appears to be based on outmoded or inaccurate assumptions about children’s homes and looked-after children”.

Given that we have now moved towards smaller children’s homes, the issue is further complicated by the fact that these are the exact same type of properties that families are searching for. As a result, when providers face delays due to the planning process, even if they have been successful in getting permission, very often they can lose the property to a rival bidder for whom planning is not a consideration.

Consequently, the CMA suggested that the Government should review the planning requirements and consider whether smaller children’s homes, which can accommodate fewer than a specified number of residents at any one time, should be required to go through the planning system. It believes that that could be a helpful corrective to the market by increasing the number of children’s homes being opened. My straightforward question to the Minister is: is that something the Government are still considering, as suggested by their policy statement of last year? If so, would it be possible to give any guidance as to which other legislation they think might be more suitable?