Children’s Wellbeing and Schools Bill

Baroness Tyler of Enfield Excerpts

Wednesday 28th January 2026 Lords Chamber

[Lord Hampton (CB)]

My Lords, I added my name to Amendments 121A and 131A. There is a real problem of mistrust with elective home education against traditional education. I acknowledge my noble friend Lord Crisp, and am delighted to be on his working party to try to do something about it.

I was in the same meeting as the noble Baroness, Lady Barran, and my noble friend Lord Russell where we talked to the DfE. It was rather wonderful, because instead of talking about technicalities, one of the people there started talking about cricket, which I am much happier with than Section 31s and things. He accused us of setting the field for a bad ball—so we were being extremes. Obviously, I came back with no setting the field for a bad ball but putting some sweepers out as well just in case. The whole point of legislation is to avoid the disasters, the out of the ordinary, the Sara Sharifs. We were also told that a possible future home visit might deter parents from seeking help with a Section 31. Again, I cannot see why. These amendments are incredibly sensible and thoughtful, and their spirit would help those avoidable disasters, which, tragically, may well happen.

[Baroness Tyler of Enfield (LD)]

My Lords, I have also added my name to Amendment 121A in the name of the noble Baroness, Lady Barran. This is a very important set of amendments. I welcome the fact that many of them are about strengthening safeguarding. That is really important.

I listened very carefully to the noble Lord, Lord Crisp, because he had, as ever, some very important points to make. I do not agree with everything he said, but I agree that the time is ripe have a broader debate about a wider set of issues around the whole issue of home education that go outside the scope of this Bill. I hope it will be possible to do that. I also agreed with the noble Lord about the need for any safeguarding action to be proportionate, but it is my view that the targeting of action—as it is in Amendment 121A, so that

“local authorities must consent to the withdrawal of a child from school”

if they are involved in either child protection plans or are a child in need as classified under Section 17 of that Act—is proportionate in trying to provide additional support for vulnerable children and making sure that they do not fall through the cracks.

We have heard too many times, over the years, these heartbreaking cases of children who have fallen through the cracks—the most recent one, of course, was the harrowing and terrible case of Sara Sharif—because of a lack of visibility. This amendment would ensure that greater visibility is given to these children, which is why I added my name to it. I know people have different views on this, but that is my reason for believing that it is a proportionate amendment.

[Lord Meston (CB)]

My Lords, I support Clause 31 and government Amendment 120. I also support Amendment 121A, which would extend the scope of what Clause 31 seeks to achieve, which is to prevent concealment of the real reasons for attempts to withdraw children from school, in particular by parents or a parent with something to hide. The clause provides that the consent of the local authority is required if there is a Section 47 inquiry under way or there has been such an inquiry. Amendment 121A would extend the scope of the need for the local authority’s consent, which I support. However, if we are talking about cracks, I suggest that it could go further. The need for consent should also be triggered if the family court, in private law proceedings, has directed a report and investigation under Section 37 of the Children Act or has directed a local authority to report under Section 7. Experience shows, and certainly my experience is, that it is often in private law proceedings that alarm bells first ring. That is the first opportunity to investigate what really might be happening in the family home.