Children Not in School: National Register and Support

Bridget Phillipson Excerpts

Tuesday 23rd January 2024 Commons Chamber

[Bridget Phillipson (Houghton and Sunderland South) (Lab)]

I beg to move,

That this House condemns the Secretary of State for Education for her failure to tackle the crisis of persistent school absence; calls on the Government to immediately introduce legislation to amend the Education Act 1996 in order to establish a mandatory duty on local authorities in England to maintain a register of eligible children not in school, as set out in Part 3 of the Schools Bill [Lords] published in the 2022-23 Parliamentary session; and therefore makes provision as set out in this Order:

(1) On Wednesday 7 February 2024:

(a) Standing Order No. 14(1) (which provides that government business shall have precedence at every sitting save as provided in that order) shall not apply;

(b) any proceedings governed by this order may be proceeded with until any hour, though opposed, and shall not be interrupted;

(c) the Speaker may not propose the question on the previous question, and may not put any question under Standing Order No. 36 (Closure of debate) or Standing Order No. 163 (Motion to sit in private);

(d) at 3.00pm, the Speaker shall interrupt any business prior to the business governed by this order and, notwithstanding the practice of this House as regards to proceeding on a Bill without notice, call the Member for Houghton and Sunderland South or another Member on her behalf to move the order of the day that the Children Not in School (National Register and Support) Bill be now read a second time;

(e) in respect of that Bill, notices of Amendments, new Clauses and new Schedules to be moved in Committee may be accepted by the Clerks at the Table before the Bill has been read a second time.

(f) any proceedings interrupted or superseded by this order may be resumed or (as the case may be) entered upon and proceeded with after the moment of interruption.

(2) The provisions of paragraphs (3) to (18) of this order shall apply to and in connection with the proceedings on the Children Not in School (National Register and Support) Bill in the present Session of Parliament.

Timetable for the Bill on Wednesday 7 February 2024

(3)(a) Proceedings on Second Reading and in Committee of the whole House, any proceedings on Consideration and proceedings up to and including Third Reading shall be taken at the sitting on Wednesday 7 February 2024 in accordance with this Order.

(b) Proceedings on Second Reading shall be brought to a conclusion (so far as not previously concluded) at 5.00pm.

(c) Proceedings on any money resolution which may be moved by a Minister of the Crown in relation to the Bill shall be taken without debate immediately after Second Reading.

(d) Proceedings in Committee of the whole House, any proceedings on Consideration and proceedings up to and including Third Reading shall be brought to a conclusion (so far as not previously concluded) at 7.00pm.

Timing of proceedings and Questions to be put on Wednesday 7 February 2024

(4) When the Bill has been read a second time:

(a) it shall, notwithstanding Standing Order No. 63 (Committal of bills not subject to a programme order), stand committed to a Committee of the whole House without any Question being put;

(b) the Speaker shall leave the Chair whether or not notice of an Instruction has been given.

(5)(a) On the conclusion of proceedings in Committee of the whole House, the Chairman shall report the Bill to the House without putting any Question.

(b) If the Bill is reported with amendments, the House shall proceed to consider the Bill as amended without any Question being put.

(6) For the purpose of bringing any proceedings to a conclusion in accordance with paragraph (3), the Chairman or Speaker shall forthwith put the following Questions in the same order as they would fall to be put if this Order did not apply—

(a) any Question already proposed from the Chair;

(b) any Question necessary to bring to a decision a Question so proposed;

(c) the Question on any amendment, new clause or new schedule selected by the Chairman or Speaker for separate decision;

(d) the Question on any amendment moved or Motion made by a designated Member;

(e) any other Question necessary for the disposal of the business to be concluded;

and shall not put any other Questions, other than the Question on any motion described in paragraph (15) of this Order.

(7) On a Motion made for a new Clause or a new Schedule, the Chairman or Speaker shall put only the Question that the Clause or Schedule be added to the Bill.

Consideration of Lords Amendments and Messages on a subsequent day

(8) If any message on the Bill (other than a message that the House of Lords agrees with the Bill without amendment or agrees with any message from this House) is expected from the House of Lords on any future sitting day, the House shall not adjourn until that message has been received and any proceedings under paragraph (9) have been concluded.

(9) On any day on which such a message is received, if a designated Member indicates to the Speaker an intention to proceed to consider that message—

(a) notwithstanding Standing Order No. 14(1) (which provides that government business shall have precedence at every sitting save as provided in that order), any Lords Amendments to the Bill or any further Message from the Lords on the Bill may be considered forthwith without any Question being put; and any proceedings interrupted for that purpose shall be suspended accordingly;

(b) proceedings on consideration of Lords Amendments or on any further Message from the Lords shall (so far as not previously concluded) be brought to a conclusion one hour after their commencement; and any proceedings suspended under subparagraph (a) shall thereupon be resumed;

(c) the Speaker may not propose the question on the previous question, and may not put any question under Standing Order No. 36 (Closure of debate) or Standing Order No. 163 (Motion to sit in private) in the course of those proceedings.

(10) Paragraphs (2) to (7) of Standing Order No. 83F (Programme orders: conclusion of proceedings on consideration of Lords amendments) apply for the purposes of bringing any proceedings on consideration of Lords Amendments to a conclusion as if:

(a) any reference to a Minister of the Crown were a reference to a designated Member;

(b) after paragraph (4)(a) there is inserted—

“(aa) the question on any amendment or motion selected by the Speaker for separate decision;”.

(11) Paragraphs (2) to (5) of Standing Order No. 83G (Programme orders: conclusion of proceedings on further messages from the Lords) apply for the purposes of bringing any proceedings on consideration of a Lords Message to a conclusion as if any reference to a Minister of the Crown were a reference to a designated Member.

Reasons Committee

(12) Paragraphs (2) to (6) of Standing Order No. 83H (Programme orders: reasons committee) apply in relation to any committee to be appointed to draw up reasons after proceedings have been brought to a conclusion in accordance with this Order as if any reference to a Minister of the Crown were a reference to a designated Member.

Miscellaneous

(13) Standing Order No. 82 (Business Committee) shall not apply in relation to any proceedings on the Bill to which this Order applies.

(14)(a) No Motion shall be made, except by a designated Member, to alter the order in which any proceedings on the Bill are taken, to recommit the Bill or to vary or supplement the provisions of this Order.

(b) No notice shall be required of such a Motion.

(c) Such a Motion may be considered forthwith without any Question being put; and any proceedings interrupted for that purpose shall be suspended accordingly.

(d) The Question on such a Motion shall be put forthwith; and any proceedings suspended under sub-paragraph (c) shall thereupon be resumed.

(e) Standing Order No. 15(1) (Exempted business) shall apply to proceedings on such a Motion.

(15)(a) No dilatory Motion shall be made in relation to proceedings on the Bill to which this Order applies except by a designated Member.

(b) The Question on any such Motion shall be put forthwith.

(16) Proceedings to which this Order applies shall not be interrupted under any Standing Order relating to the sittings of the House.

(17) No private business may be considered at any sitting to which the provisions of this order apply.

(18)(a) The start of any debate under Standing Order No. 24 (Emergency debates) to be held on a day on which proceedings to which this Order applies are to take place shall be postponed until the conclusion of any proceedings to which this Order applies.

(b) Standing Order 15(1) (Exempted business) shall apply in respect of any such debate.

(19) In this Order, “a designated Member” means—

(a) the Member for Houghton and Sunderland South; and

(b) any other Member acting on behalf of the Member for Houghton and Sunderland South.

I draw the House’s attention to my entry in the Register of Members’ Financial Interests.

Today, we seek the permission of the House to make time in the weeks ahead to pass legislation to protect the interests of children who are not in school; to use a day of parliamentary time to put their concerns first and them at the heart of our work; and to make real for one day the promise that only a Labour Government can bring—the promise of a Britain where children come first—because it is a national scandal that every day and every week so many children are not in school.

Absence from school is not simply a problem in itself; it is a symptom of deeper problems and a cause of further problems. While the package of measures that should tackle those problems—and under a Labour Government will tackle those problems—must be detailed and comprehensive, a key part of it is knowing where children who are not in school are instead.

Before I go further, I should emphasise that some parents choose lawfully and properly to educate their children at home. Many of them do so very well, very effectively and to a very high standard. Those children are not the focus of our concern today. Their parents do not have anything to fear from a register of children not in school—the register of the sort that the Leader of the Opposition and I seek the permission of this House to consider in a Bill next month.

Until very recently, support for that register of children not in school was a cross-party endeavour. Politicians across this House agreed with it. It was an element of the Schools Bill, which the Government introduced in the other place in the summer of 2022. The register also received support from professionals in children services. However, the Schools Bill disappeared from Parliament, but I pay particular tribute to the hon. Member for Meon Valley (Mrs Drummond) who has pressed this cause so hard among Members of her own party and brought her own Bill to this place.

The hon. Lady’s Bill had wide support outside the House too. Many supportive comments were offered to the hon. Lady on the legislation that she proposed, but the words of Julie McCulloch, the director of policy for the Association of School and College Leaders, bears repetition. She said that

“the Government really should be making the parliamentary time available to ensure that this simple and necessary measure passes into law. Frankly, the public will find it astonishing that there is no such register already.”

It is for exactly that reason that we today seek parliamentary time to put it into law as soon as possible. Of course, the hon. Lady and voices outside this House are not alone in recognising the crucial importance of the register. There were many distinguished supporters of that Bill, including on the Government Benches. I have informed all of the following hon. Members that I intend to reference them in this debate as a courtesy to them. They included the hon. Member for Morley and Outwood (Dame Andrea Jenkyns), the hon. and learned Member for Eddisbury (Edward Timpson) and the hon. Member for Stoke-on-Trent North (Jonathan Gullis), who all went on to serve as Education Ministers. There was also the hon. Member for Worcester (Mr Walker), who is not merely a former Education Minister, but is today Chair of the Education Committee, and the right hon. Member for South Staffordshire (Sir Gavin Williamson), who is one of the Secretary of State’s ample collection of predecessors.

Support for legislation on children not in school is, of course, not limited to supporters of that Bill, none of whom was a Minister at the time. The hon. Member for Colchester (Will Quince), then a Minister in the Department for Education, was clear almost two years ago that he and his colleagues

“intend to legislate to ensure we have a ‘children not in school’ register.”

In respect of parents home educating their children, he rightly observed:

“That is something no parent who is doing the right thing should be concerned about”.—[Official Report, 14 March 2022; Vol. 710, c. 605.]

The right hon. Member for Bognor Regis and Littlehampton (Nick Gibb) was admirably honest when still a Minister last summer. He said:

“We think a register of children not in school is important.”

We agree with him.

The right hon. Member for East Hampshire (Damian Hinds), who is now back as a Minister, spoke, when launching a consultation, of the Government needing a register of children not in school

“to prevent vulnerable young people from vanishing under the radar.”

I could not put it better myself. Does he still hold to those words? If so, when will the Government get on with it?

The Children’s Commissioner for England, Dame Rachel de Souza, has repeatedly called for a national register. Of course, we know from her words in this place last month, that the current Secretary of State herself takes the view that

“it is my priority and I hope to legislate on it in the very short term.”—[Official Report, 11 December 2023; Vol. 742, c. 607.]

Sadly, she is not here today to lend her support to the motion. It is also sadly the case that she has been unable to convince her own Prime Minister, because he—as he never hesitates to make clear—is never very interested in the welfare of other people’s children. This failure by the Government to address the most serious and urgent barrier to learning in our schools—that children are not there—exemplifies a broader failing and tells a wider story.

[Rushanara Ali (Bethnal Green and Bow) (Lab)]

I am grateful to my hon. Friend for giving way and congratulate her on exposing this scandal that is affecting children across our country. In my borough, the problem has gone up significantly since 2016-17. Does she agree that, given what happened during the pandemic and the failure of the Government to meet the requirement of additional funding, with a shortfall of £10 billion, young people are suffering? It is vital that there is mental health support along with the register to ensure that young people are supported in going back to school, because mental ill health is a significant barrier to their returning to school.

[Bridget Phillipson]

I agree with my hon. Friend. She makes an important point about the wider pressures that children and young people are facing. I will come on to precisely that point a bit later, but it is why I was so delighted that Sir Kevan Collins, the former Government catch-up commissioner, backed Labour’s long-term plan to ensure that we do address those challenges coming out of the pandemic.

[Margaret Greenwood (Wirral West) (Lab)]

I thank my hon. Friend for giving way and congratulate her on raising this important issue. Analysis by Labour estimates that more than 1,300 pupils in Wirral will miss half their lessons by 2026. That is an absolutely staggering figure. The National Education Union has pointed out that the scale of the impact of poverty on persistent absence should not be underestimated. I am sure my hon. Friend would agree that this Government have failed massively on child poverty and that they should listen to Labour, cut the cost of school uniforms and provide free breakfast clubs in every primary school.

[Bridget Phillipson]

I am grateful to my hon. Friend for her support. Those are precisely the kinds of measures that a Labour Government would take right now to back families, cut child poverty and ensure that children are set up to succeed.

[Kerry McCarthy (Bristol East) (Lab)]

One reason why children might drop out of the school system and, as my hon. Friend says, go under the radar is because they have had a parent sentenced to imprisonment. The charity Children Heard and Seen tells us that we know exactly how many Labradors are in this country but have no idea how many children are affected by parental imprisonment. We know it is a six-figure sum. Does my hon. Friend agree that we could use a register to try to get some data so that those children get the help they need, whether that is mental or physical support?

[Bridget Phillipson]

I am grateful to my hon. Friend for all her campaigning work on the important issue of supporting families and children where imprisonment is a factor in their lives, such as when a parent is spending time in prison or is in the criminal justice system. She raises the important issue—one that I will come to in the debate—of the need to get a better sense of all the information around a child so that we can better support all children and families.

[Ed Davey (Kingston and Surbiton) (LD)]

Will the hon. Member give way?

[Bridget Phillipson]

I will give way one final time, then I must make some progress.

[Ed Davey]

I am grateful to the hon. Lady for giving way. It is important that she has brought this critical issue to the House. Many groups of young children, as we have heard, are not in school for many reasons. One group that is particularly close to my heart is young carers. I am sure that she will know from all the evidence and analysis that, on average, young carers miss 27 days of school a year. That shows the absolutely urgent need to have a national carers strategy with a focus on young carers. Does the hon. Lady agree and will she commit her party to push that forward in government?

[Bridget Phillipson]

I agree that we absolutely must do more to support young carers, and I give the undertaking that a Labour Government would ensure that young carers’ voices, needs and rights and the support that should be made available to them are taken seriously.

Members on both sides of the House will be familiar with the view widely held by those on the Conservative Benches that whatever damage they might have done to our country, whether it be laughing in the face of voters waiting year after year for NHS treatment, as the Prime Minister did last week, the sewage that fills our rivers and seas, or the growing crisis their party has created in provision for children with special educational needs and disabilities—separate from all that—at least the education that children receive in our country is something the Conservative party has not yet damaged beyond repair. The trouble with that belief is that if it were ever true, today it is no longer.

At the end of last year, the OECD’s programme for international student assessment 2022 results came out. Conservative Members have for many years taken a keen interest in the results, which I should say at the outset are based on such a small sample in England that they may not be altogether robust—a point to which I intend to return. Close observers will have noticed that, over a number of years, the intellectual effort by the Conservative party and its apologists has moved from explaining to concealing what the results show, and from regarding them as a spur to action to taking them as an excuse for complacency. We are in a debate on an education matter, so I hope that Members across the House and you, Madam Deputy Speaker, will forgive me if I briefly adopt a didactic tone.

The PISA score for each country shows how well that country is doing at educating its children across reading, maths and science. The PISA rankings are about how well the children in that country are doing relative to children in other countries. Rather obviously, that ranking is affected by not merely how well children do in other countries, but how many other countries are involved. Going up or down the rankings need be no measure of changing outcomes for children in England, nor of any success for this Government. It is therefore the scores, not the rankings, that are the proper focus of Government attention.

It is not enough that our children are doing better than children elsewhere if they are doing worse than their older siblings, nor is it a comfort that their reading is better than that of children in another country if it is worse than their brothers and sisters. Education is not a contest between nations, but a shared endeavour in every country and across our world to give children the very best start—not some of our children, but all of them.

The PISA results showed that standards in England’s schools are going backwards in science, in reading and in maths. They may not be going backwards as fast as they are elsewhere, but the pace of failure ought not to be a source of pride. Some 14 years into a Conservative Government, they focus carefully on the rankings, not the scores, and their proudest claim is that other children for whom they are not responsible are getting an even worse education overseas.

It beggars belief—and it is no good blaming the pandemic. The pandemic was worldwide, but not every country has gone backwards. That slow failure is not a story of poor teaching, of staff not pulling their weight or of leaders not rising to the challenges they face. It is structural, reflecting choices made in Downing Street and the priorities of the Conservative party: tax breaks for private schools, not standards for state schools, and smaller bills for the super-rich, not better starts for children. The one area in which this Government excel is the creation and maintenance of fresh barriers to learning.

Schools may crumble—indeed, despite the Secretary of State’s well-publicised view of the quality of her own work, the BBC’s “Panorama” programme last night showed powerfully that schools do crumble—but nothing seems to stop Ministers putting fresh barriers in the way of our children getting the education they deserve. There are barriers because the children are neither at school nor in home education; barriers because children are not ready that day, or that year; barriers because children have not slept and cannot concentrate, do not succeed when they should and are not learning when they ought; barriers because children simply are not well; and barriers that speak to the wider failure, and the piling of expectations on schools alone that schools alone can never meet.

Child poverty’s effects do not end as the classroom door closes. The good night’s sleep, the space to do homework and the quiet undisturbed time at home are all missing from far too many of our children’s lives. As I mentioned earlier, the PISA results are based on such a small sample in England that they may not be altogether robust, and that points, indirectly, at the problems we face—the problems with which the next Labour Government will and must contend, because this Government have not, are not and will not. Teaching children who come to school does not help those who do not, supporting children we know about will not bring in the ones we do not, and the results for children who are there are not meaningful for the children who are not. That is true for PISA, true for GCSEs and true for A-levels.

Labour’s belief is simple: excellence is for everyone—not just for those who are in school every day, but for those who are not. High and rising standards must be in every school, in every classroom and for every child, but today, all too clearly, they are not. Across the autumn and spring terms last year, more than 1.5 million children were persistently absent from school. That is, roughly speaking, one in five children, or more than double the number who were absent during the same terms five years ago. If that rise goes on, the number of children persistently absent will rise to more than 2 million in 2025-26, or one in four children missing at least a day each fortnight. That is a disaster, and the Government are doing as close as they can to nothing at all.

Let me quote to the House the words of the headteacher of a state secondary school in the north-east, earlier this month:

“Today, an unremarkable Wednesday in the second week back after a two week holiday, 10% of our students are absent from school. 17% of Year 11 students, those in the most important examination year of their lives, are absent. We’ve become used to these statistics and sadly, these patterns of absence are now considered normal in schools. Indeed, our attendance is higher than national and local averages.”

Ministers will doubtless tell me they are proud of their attendance hubs, and the 10 councils in which they are set to deliver attendance mentoring. The Secretary of State might as well be proud of the water pistol she brings to a wildfire. School leaders know it is a disaster. They can see the catastrophe unfolding around them.

[Alex Sobel (Leeds North West) (Lab/Co-op)]

My hon. Friend is giving a truly excellent speech. She has talked about barriers; does she agree that one of the big barriers is the fact that children with a neurodivergent condition cannot get a diagnosis and, even if they do, they cannot get an education, health and care plan or a SEND plan? That is creating huge barriers for children with neurodiversity and autism to access school in a safe environment.

[Bridget Phillipson]

My hon. Friend is absolutely right about the challenges right across our SEND system—a system that the Secretary of State herself has described as “lose, lose, lose.”

School leaders know that this is a disaster, yet earlier this month the Department updated us all on the work of the workload reduction taskforce. It is not the work of teachers, the taskforce clarifies, to investigate a pupil’s absence. Teachers may do it—it is vital work that needs doing—but it also depends on our amazing support staff.

Labour’s plan to tackle the attendance crisis starts with our smallest children. It includes a childcare system modernised from the end of parental leave to the end of primary school, high-quality early education, a focus on life chances for children—not just on work choices for parents—and high and rising standards right from the start, with early language interventions to identify and remove barriers to learning, and a determination to reform the SEND system, to put money behind children, not lawyers, and to tackle issues before they hold children back, with a new focus on primary numeracy so that children love maths at six, never mind at 16—excellence for everyone; not for some of our children but for all of them. There will be free breakfast clubs in every primary school, because it is about the club, not just the breakfast. Every day, every child, every life and every start.

There will be 6,500 new qualified teachers and a new national voice for our support staff. Ofsted will be reformed and improved. We will end the high-stakes, low-information culture, with annual checks for attendance, safeguarding and off-rolling. There will be mental health councillors in our secondary schools and new community hubs outside them, joining up the information that we have on our children so that every child can be supported between schools and services—every issue caught, shared and addressed. And the cause for which we asked for time today? A law to register and count the children who are out of school.

Labour is clear on how we will fund that package and the change that we need: by ending the tax breaks for private schools and the mega-rich. We will invest in what we most believe in: our children and their futures, excellence for everyone, high and rising standards, and a Britain where background is no barrier to opportunity. The legislation that we will introduce next month, with the House’s permission if today’s motion is agreed to, will be simple: it will be part 3 of the Government’s own Schools Bill from 2022, which provided for a register of children not in school. That is nothing that Conservative Members would not have been prepared to vote for had it been tabled by their own Ministers, so there can be no reason or excuse for Conservative Members who care about this issue not to support the motion today and the Bill next month. They can choose their party or our children. I commend the motion to the House.

[Madam Deputy Speaker (Dame Rosie Winterton)]

As I said, I will need to put on a time limit if the next debate is to have any kind of parity with this one. The limit will be five minutes, and I will ensure that it is put up on the board so that Members are aware of it.