Children's Wellbeing and Schools Bill (Twelfth sitting)

Catherine McKinnell Excerpts

Committee stage
Thursday 6th February 2025 Public Bill Committees

[The Minister for School Standards (Catherine McKinnell)]

I thank the hon. Member for Harborough, Oadby and Wigston for tabling amendment 85. When a local authority thinks that a new school is needed in its area, it will be required to seek proposals for a new school from proposers other than local authorities. That includes academy trusts, as well as other bodies such as charitable foundations and faith bodies. Local authorities will be required to seek proposals for different types of school, including academy schools, foundation schools and voluntary schools.

I appreciate that the hon. Member may be looking for assurance that proposals for new academies will be sought and welcomed as part of the new invitation process. I can absolutely reassure him on that. We are simply ending the presumption that all new schools should be academies and allowing proposals for all types of school, so that the proposal that best meets the needs of children and families in an area is taken forward. All types of schools have an important role to play in driving the high standards that we want to see in every school, so that all children are supported to achieve and thrive.

I thank the hon. Member for Twickenham for tabling amendment 48, which seeks to restrict the proportion of places that can be allocated on the basis of faith to a maximum of 50% for all new schools established following a local authority invitation to establish one. In practice, it would only make a difference to a new voluntary aided foundation and a voluntary controlled school with a faith designation.

I recognise that the hon. Member is seeking to ensure that new schools are inclusive and that all children have access to a good education. That is very much a mission that we share. The Government support the ability of schools designated with a religious character to set faith-based oversubscription criteria. This can support parents who wish to have their children educated in line with their religious beliefs. However, it is for a school’s admission authority to decide whether to adopt such arrangements.

The removal of the legal presumption that all new schools be academies is intended to ensure that local authorities have the flexibility to make the best decision to meet the needs of their communities. Decision makers will carefully consider proposals from all groups and commission the right new schools to meet need and to ensure that every child has the opportunity to achieve and thrive. On that basis, I hope that the hon. Member for Twickenham will not press her amendment.

Clause 51 will end the legal presumption that new schools should be academies. It will require local authorities to invite proposals for academies and other types of school when they think that a new school should be established and will give them the option to put forward their own proposals. The changes will ensure that new schools are opened by the provider with the best offer for local children and families. They will better align local authorities’ responsibilities to secure sufficient school places with their ability to open new schools. We are committed to ensuring that new schools are opened in the right place at the right time, so that all children have access to a core offer of a high-quality education that breaks down the barriers to opportunity.

I turn to hon. Members’ specific questions. There was quite a wide-ranging debate on the amendments, which is typical of this very assiduous Committee. As I said on the faith schools cap provision, we want to allow proposals for different types of school that will promote a diverse school system that supports parental choice. As the right hon. Member for East Hampshire said, we have a rich and diverse school system. Our priority is driving high and rising standards so that children can thrive in whatever type of school they are in. We will work in partnership with all types of school, including faith schools, as part of that mission.

Proposers, including faith groups, will be able to put forward a proposal in response to an invitation from the local authority and where the local authority thinks that a new school should be established in the area. As is already the case, faith groups can put forward proposals for a new voluntary or foundation school outside the invitation process, for example where they think that there is a need for particular places to replace an independent school or to replace one or more foundations or voluntary schools that have a religious character.

Although designated faith schools that are not subject to the 50% cap are not restricted in the number of places that they can offer with reference to faith when oversubscribed, it is for the admission authority to decide whether to adopt such arrangements. Indeed, there is real variation: some choose to prioritise only a certain proportion of their places with reference to faith in order to ensure that places are available for other children, regardless of faith, while many do not use faith-based oversubscription criteria at all. Regardless of the admissions policy set by the admission authority, faith schools remain subject to the same obligations as any other state-funded school to actively promote the fundamental British values of democracy, the rule of law, individual liberty and mutual respect and tolerance of those of different faiths and beliefs, and to teach a broad and balanced curriculum. That will apply to all schools as part of the changes introduced by this Bill.

Let me say in response to concerns about faith schools being less socioeconomically and ethnically diverse that, to be fair, it is not true of all faith schools. Catholic schools are among the most ethnically diverse types of school. Faith schools tend to have intakes that reflect wider intakes; they draw from a much larger catchment area, which can often create a more diverse intake. The Department does not collect data about the admission policies of schools with a religious character, and we do not have any data on the proportion of children admitted to a school on the basis of faith or how many are able to access a preferred place on the basis of their faith. That means that there is no data to support capping faith admissions on the ground that they are restricting children and parents from accessing the school of their choice.

On the role of the adjudicator, which I think the hon. Member for Harborough, Oadby and Wigston asked about specifically, we will set out details in regulations, but it is our intention that local authorities will be able to object to the published admission numbers in another local authority.

I hope that I have responded to all the concerns that have been raised. I commend the clause to the Committee.

[Neil O’Brien]

I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Amendment proposed: 48, in clause 51, page 112, line 4, at end insert—

“(5) After section 7A (withdrawal of notices under section 7), insert—

‘7B New schools to allocate no more than half of pupil places on basis of faith

A new school for which proposals are sought by a local authority under section 7 must, where the school is oversubscribed, provide that no more than half of all places are allocated on the basis of or with reference to—

(a) the pupil’s religious faith, or presumed religious faith;

(b) the religious faith, or presumed religious faith, of the pupil’s parents.’”—(Ian Sollom.)

Question put, That the amendment be made.

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[The Chair]

With this it will be convenient to discuss the following:

Clauses 53 and 54 stand part.

Schedule 2 stand part.

Clause 55 stand part.

[Catherine McKinnell]

Clause 52 requires local authorities to publish proposals when they want to open a new maintained nursery school. It also sets out the circumstances in which local authorities or other proposers can publish proposals for other new schools outside of the invitation process described in clause 51.

Local authorities will be able to publish proposals for a new community, community special, foundation, or foundation special school to replace one or more maintained schools, or to establish a new pupil referral unit to replace one or more pupil referral units. They will not be required to follow the invitation process unless they choose to, or they have already launched an invitation process that they could publish the proposals in response to. It also allows other proposers to propose the establishment of a new foundation, voluntary or foundation special school at any time, unless there is a live invitation process that the proposals could be submitted in response to. Local authorities and other proposers will not need to obtain the Secretary of State’s consent before publishing proposals, as they do now in certain circumstances.

The clause also enables regulations to set out the action that local authorities must take to publicise proposals that have been published under these arrangements.

These provisions give local authorities the flexibility to decide which route to establishing a new school is most appropriate when they are replacing an existing maintained school or schools. They also preserve the ability of other proposers to put forward proposals to the local authority for a new school, for example to meet the need for a particular type of place.

Clause 53 applies a restriction on opening new schools under section 28 of the Education and Inspections Act 2006 to pupil referral units, so that pupil referral units can be established only by following the same statutory procedures, introduced by clauses 51 and 52 of the Bill, that apply to other types of school maintained by local authorities. That means that, where a local authority thinks that a new alternative provision should be established, it will be required to invite proposals from proposers for an alternative provision academy, and will be able to decide whether to publish its own proposals for a pupil referral unit to be considered alongside any academy proposals received.

Clause 53, along with clauses 51 and 52, brings pupil referral units within the statutory arrangements for establishing new schools, providing clarity and transparency about the process by which new pupil referral units can be opened, putting them on an equal footing with alternative provision academies, and better aligning a local authority’s responsibility for securing sufficient places with its ability to open new schools.

Clause 54 introduces schedule 2, which amends schedule 2 to the Education and Inspections Act 2006 to ensure that there are clear and fair processes for the consideration and approval of proposals made under sections 7 or 10 of the 2006 Act, as amended by this Bill, for the establishment of new schools.

Where proposals for a new school have been invited, schedule 2 will ensure that any proposals are considered equally, without the preference being given to academy proposals that there is now. This will allow decision makers to select the best proposal that meets the needs of children and families, regardless of the type of school it is.

In situations where local authorities have chosen to put forward their own proposals alongside others, or there are proposals for a new maintained school to have a foundation that the local authority would have a role in, the Secretary of State will make the decision, to ensure a fair, unbiased outcome.

Schedule 2 also requires the local authority to refer any proposal to the Secretary of State that has not yet been determined, providing an effective backstop in case of concerns over any decision making or delay. Where a local authority put forward proposals outside of an interpretation process, or if there is a proposal outside the process where the authority would be involved in the proposed school’s foundation, they will be required, as now, to refer the proposal to the schools adjudicator for decision.

Schedule 2 makes it clear that, before approving proposals for an academy, a local authority must consult the Secretary of State and seek confirmation that she would, in principle, be willing to enter into a funding agreement for that academy. That mirrors current arrangements and ensures that local authorities can be provided with all relevant information from the Department for Education on an academy trust making a proposal.

Clause 55 puts in place transitional arrangements for moving from the current arrangements for establishing new schools to the new arrangements. Where proposals for a new school have been sought by a local authority or published by a proposer or a local authority under the existing provisions under the Education Inspections Act 2006, and a decision on those proposals has not yet been made by the time the new provisions come into effect, the new arrangements will not apply and the proposals will be determined under the old arrangements. The clause also allows consultation that has been carried out under the requirements of the existing provisions of the 2006 Act, and before the new requirements come into force, to satisfy the requirements to consult under the amended provisions.

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[Catherine McKinnell]

Clause 56 contains a provision for the Secretary of State to make changes consequential on the provisions of the Bill to other legislation, as well as to existing primary legislation. It has been drafted to allow the Secretary of State to make consequential changes to other Acts preceding this Bill or those that are passing before Parliament in this Session. It is always possible that necessary changes to legislation may be identified after a Bill’s passage. Given the breadth of legal areas that the Bill covers, it is prudent to provide a failsafe should anything have been missed. Without one, there is a risk to the coherence of the legislative landscape that the Bill creates. The clause sets out that regulations making changes to primary regulation are subject to the affirmative procedure, and that those making changes to other legislation are subject to the negative procedure.

Clause 57 contains a financial provision necessary to the provisions of the Bill that require expenditure. It sets out the expectation that Parliament will fund any expenditure and any future increase in it incurred by the Secretary of State in relation to this Bill.

Clause 58 sets out the territorial extent of the provisions in the Bill. It is a standard clause for all legislation. As the Committee is aware, Westminster does not normally legislate on devolved matters without the consent of the relevant devolved Governments. However, there are no provisions of this Bill that engage that process.

Clause 59 sets out when the provisions in the Bill come into force. The general provisions on extent, commencement and the short title come into force on the day of Royal Assent. Subsection (2) sets out the provisions that will come into force two months after the Bill is passed. All the provisions will come into force on a day or days to be appointed by the Secretary of State through regulations. Those regulations may appoint different days for different purposes or different areas. The Secretary of State may also make regulations that provide for transitional or saving provision in connection with commencement.

Clause 60 provides that the short title of the Bill will be Children’s Wellbeing and Schools Act 2025. For the reasons outlined, I commend the clauses to the Committee.

On new clause 10, I am grateful for the opportunity to discuss removing the common law defence of reasonable punishment. Keeping children safe could not be more important to the Government. We are already taking swift action through these landmark reforms to children’s social care. It is the biggest overhaul in a generation. The Government are committed, through our plan for change, to ensuring that children growing up in our country get the best start in life through wider investment in family hubs and parenting support. This landmark Bill puts protecting children at its heart.

To be absolutely clear, the Government do not condone violence or the abuse of children, and there are laws in place to protect children against those things. Child protection agencies and the police treat allegations of abuse very seriously. They will investigate and take appropriate action, including prosecution, where there is sufficient evidence of an offence having been committed. Local authorities, police and healthcare professionals have a clear duty to act immediately to protect children if they are concerned that a child is suffering, or is likely to suffer, significant harm.

This Bill will put children’s future at the centre of rebuilding public services, requiring higher standards for all children in need of help and protection. It is a key step towards delivering the Government’s opportunity mission to break the link between a young person’s background and future success.

We do not intend to legislate on the defence at this stage, but we will review the position when we have evidence from Wales of the impact since it was removed. Wales will publish its findings by the end of 2025 and we will look at them carefully. We recognise that parents have different views and approaches to disciplining their children. We need to consider their voices, and those of the child, trusted stakeholders and people who might be disproportionately affected by the removal of the defence, in making any decisions.

Let us also be clear: those children who have been abused or murdered by their parents would not have been covered by the defence of reasonable punishment. Crown Prosecution Service guidance is very clear about what is acceptable within the law to justify reasonable punishment.

The Bill introduces many measures to keep children safe—for example, requiring local authorities to have and maintain children not in school registers; improving information sharing between agencies; making sure that education and childcare settings are involved in local safeguarding partnerships; and making it a requirement for every local authority to have multi-agency child protection teams. Nationally, we are rolling out the vital multi-agency family health and child protection reforms through the Families First partnership programme from April 2025, and we are delivering parenting support through our family hubs programme in several local authorities.

The protection of children is critical. The Bill takes important steps to improve safeguarding. On that basis, I invite the hon. Member for North Herefordshire not to press the new clause.

On amendment 11, I appreciate what the hon. Member has set out in relation to having a delayed implementation for the removal of the defence of reasonable punishment. As I mentioned in response to new clause 10, we do not intend to legislate at this stage, but we will wait for Wales to publish its impact report on removing the defence, which is due at the end of 2025. We will look at the evidence of the potential impact before making such a significant legislative change. When we review the position, we will ensure that due thought and consideration are given to ensuring that there is an appropriate implementation period. On that basis, I invite her not to press the amendment.

[Neil O’Brien]

I rise to speak only to clause 56, which is a big old Henry VIII power. I am sure that their lordships will want to explore it in detail. In the interests of time, I have not tabled an amendment to it at this stage and I will not go into lots of detail, but it is always important to note such things. It is no small thing to give the Government the power to amend primary legislation without coming back to the House. Of course, there are certain limits to what they could do by means of such measures, but it is a big deal.

I place it on the record that the Minister will be well aware of some of the concerns about the clause that are coming to us from civil society. I am sure that she will have seen the comments from Jen Persson, the director of Defend Digital Me, on the information powers in the Bill. When we make laws in this way, it relies on someone noticing and raising an objection to Parliament to get any kind of democratic debate, and we can only stop such things in hindsight.

As the Minister will know, Defend Digital Me has put forward 30 different areas and proposals that it has concerns about, particularly on the information side. On previous clauses, we debated the constant unique identifier and eventually using the NHS number for that, and other things that we have objected to, such as the requirement to give information about how much time a home-schooled child is spending with both parents.

I will not reconsider all the debates that we have already had, but all those important decisions will potentially be in the scope of this Henry VIII power. I am keen to move on to the new clauses, so I will not go any further now, but I am sure that the Government will receive lots of probing questions on this point as the Bill moves to the other place.

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I want to pick up one final point that the Minister made. She said we have laws in place to protect children against violence, but the point is that we do not have equal laws in place to protect children against violence. Why should children have less protection than adults? I strongly urge the Government to consider the new clause carefully and to look to incorporate it into the Bill.

[Catherine McKinnell]

I will respond initially to the question raised by the hon. Member for—

[Neil O’Brien]

Harborough, Oadby and Wigston. “Harborough” is fine.

[Catherine McKinnell]

On clause 56, it is always possible that necessary changes to legislation might be identified through a Bill’s passage. As I said, it is therefore prudent to have a failsafe should anything have been missed. This power is limited and narrow: it can be used only to make amendments that are consequential on the Bill’s provisions, which will be voted on, and it is in line with usual practice.

Regulations made under the power that amend or repeal any provision in primary legislation will be subject to parliamentary scrutiny. We have carefully considered the power, and we believe that it is entirely justified in this case. It is needed to ensure that we are able to deal with the legislative consequences that may flow naturally from the main provisions and ensure that other legislation continues to work properly following the passage of the Bill.

[Damian Hinds]

Will the Minister allow me?

[Catherine McKinnell]

Well—yeah.

[Damian Hinds]

I have never been so warmly welcomed. [Laughter.] We talked a few sittings ago about the NHS number and the database of children, and there are a lot of wide-open questions about the scope of that. Is that all children? How will it be used? In turn, that could potentially affect a lot of other pieces of legislation.

Bearing in mind the massive controversies we have had in this country in the past over ID cards, privacy and so on, will the Minister write to the Committee setting out specifically what some of the issues in relation to that might be? We do not want find ourselves having agreed to do something that we did not realise we were agreeing to do.

[Catherine McKinnell]

I think I can assure the right hon. Gentleman that that is not the case. The inclusion of similar powers is common and well-precedented in legislation. Powers to make consequential amendments can be found in several other Government Bills, such as the Renters’ Rights Bill and the Employment Rights Bill, as well as in Acts presented under the previous Administration, such as the Health and Care Act 2022, which I am sure the right hon. Gentleman is fully supportive of.

I turn to new clause 10 and the contributions from hon. Members. I absolutely appreciate the case that is being made, which is why we are open-minded on the issue, but we do not intend to bring forward legislation imminently. The hon. Member for North Herefordshire spoke about the successful implementation in Wales. I am interested in how she knows that to be the case, because we are awaiting the publication of the impact assessment. We are very keen that legislation is evidence-based and has its intended effect. That is why we are waiting for the evidence that will come from Wales.

The hon. Member mentioned a number of international examples. I have an example from New Zealand, which removed the reasonable punishment defence in 2007. Data suggests that 13 cases were investigated between 2007 and 2009, with one prosecution. It is important that we look at how this measure works within the context of each country that it is applying it. Obviously, we will look very closely at the implementation in Wales—the impact it has and the difference it makes—and will also then look at how that will apply specifically within an England context before proceeding with legislation.

[Ellie Chowns]

There are two points that I would want to make. Is the Minister really arguing that whether we should protect children from violence depends on whether an impact assessment shows that there are a certain number of prosecutions or whatever? Is this not about the fundamental equality of protecting children in the same way that we give adults legal protection against assault?

Secondly, the impact of giving that equal protection is surely not something that should be measured in the sense of how many prosecutions there have been over how many years. This is not about getting more prosecutions; it is about shifting the culture as a whole to recognise that there is no justification for violence against children—none.

[Catherine McKinnell]

Keeping children safe could not be more important, and it could not be a greater priority for this Government. The question is how that is best achieved. That is the evidence that we are awaiting from Wales—to see how impactful the change made there has been.

I will give another example, from the Republic of Ireland, which removed the reasonable punishment defence in 2015. There is limited data on the impact, but a poll in 2020 suggested that a relatively high acceptance of slapping children remained.

Absolute clarity and an evidence-based approach is what the Government seek to take. That is why, within this legislation, we have absolutely prioritised real, tangible measures, which we can put into practice without delay, to significantly improve the chances of any harm coming to children being minimised. I listed those measures in my opening response on this clause. As the law stands, quite frankly, any suggestion that reasonable punishment could be used as a defence to serious harm to a child, or indeed death, as has been asserted, is completely wrong and frankly absurd.

[Ellie Chowns]

The Minister cited an example from Ireland. I do not think anybody is arguing that abolition of the defence of reasonable punishment will, in and of itself, stop all violence against children, but we are arguing that it is an important component of what must be done to stop violence against children. The Children’s Commissioner and all the other people I have cited have made very powerful arguments to that effect. Professionals working in the sector have talked about how the ambiguity of the current law is actively unhelpful to them in offering support and intervention to families in which this might be an issue.

Going back to the point about needing to wait for an impact assessment, does the Minister think there is any universe in which it could be more beneficial for children to keep the defence of reasonable punishment than it would be to abolish it? Surely it is logical to expect that ensuring equal protection for children will move things in a better direction, alongside all the family support required to make a sustainable long-term change.

[Catherine McKinnell]

As I have said, we need to wait and look at the evidence before making such a significant legislative change. The protection of children is critical. The Bill takes significant steps to improve safeguarding. The context in England is different from Scotland and Wales. Therefore, the changes would need to be considered very carefully in the light of the evidence and how they would tangibly impact the protection of children in England. We are awaiting the impact assessment and will take action accordingly.

Abusive parents are caught under the existing legislative framework. The challenge in this area is that parenting is complex. I can attest that it is one of the most difficult jobs anyone can do. Parents know their children, and they want to get it right with their children. As the hon. Member for North Herefordshire acknowledges, parenting programmes and support is what we are focused on. We are putting in place support for parents to be good parents, because that is what the vast majority want to be. When that is not their intent, there are laws in place to prevent harm from coming to children. I absolutely accept the arguments being put forward today. We have an open mind and will look at the evidence and take a very careful approach to this. I commend the clause to the Committee.

Question put and agreed to.

Clause 56 accordingly ordered to stand part of the Bill.

Clauses 57 and 58 ordered to stand part of the Bill.

Clause 59

Commencement

[The Chair]

I call the Minister to move amendment 93 to clause 59 formally.

[Catherine McKinnell]

Are you sure?

[The Chair]

It is on the amendment paper—it is there for all to see. We debated it in a previous group, and I presume the Government now want to support it. If everybody is happy, I will call the Minister to move amendment 93 formally.

Amendment made: 93, in clause 59, page 115, line 17, leave out paragraph (h) and insert—

“(h) section (Pay and conditions of Academy teachers) and Schedule (Pay and conditions of Academy teachers: amendments to the Education Act 2002) other than paragraph 6 of that Schedule;

(ha) section 46;”—(Catherine McKinnell.)

This amendment is consequential on Amendment 92 and NC57.

Clause 59, as amended, ordered to stand part of the Bill.

Clause 60 ordered to stand part of the Bill.

New Clause 6

Care leavers not to be regarded as becoming homeless intentionally

“(1) In section 191 of the Housing Act 1996 (becoming homeless intentionally)—

after subsection (1) insert—

‘(1ZA) But a person does not become homeless intentionally in a case described in any of subsections (1A) to (1C).’;

in subsection (1A), for the words before paragraph (a) substitute

‘The first case is where—’;

after subsection (1A) insert—

‘(1B) The second case is where the person is a relevant child within the meaning given by section 23A(2) of the Children Act 1989.

(1C) The third case is where the person is a former relevant child within the meaning given by section 23C(1) of that Act and aged under 25.’;

in subsection (3), in the words before paragraph (a), after ‘person’ insert

‘, other than a person described in subsection (1B) or (1C),’.

(2) The amendments made by this section do not apply in relation to an application of a kind mentioned in section 183(1) of the Housing Act 1996 made before the date on which this section comes into force, except where the local housing authority deciding the application has not yet decided the matters set out in section 184(1)(a) and (b) of that Act.”—(Catherine McKinnell.)

The Housing Act 1996 requires local housing authorities to assist persons with securing accommodation in certain circumstances and limits the requirement in relation to persons who have become homeless intentionally. This amendment would prevent the limitation applying in relation to certain young persons formerly looked after by local authorities.

Brought up, and read the First time.

[Catherine McKinnell]

I beg to move, That the clause be read a Second time.

As I am sure colleagues will be all too aware, homelessness levels are far too high. Homelessness can have a devastating impact on those affected. The Government are determined to address that and deliver long-term solutions to get us back on track to ending homelessness. Care leavers are particularly vulnerable to becoming homeless, with the number of care leavers aged 18 to 20 becoming homeless rising by a shocking 54% in the past five years. Young care leavers are also more likely to be found to have become intentionally homeless by local authorities, meaning that local authorities are not required to secure them settled accommodation.

This Government take corporate parenting seriously, and recognise the key role that local authorities play in providing care, stability and support to care leavers—like any parent would. We are introducing the new clause to ensure that, where a council is their corporate parent, no care leaver can be found to have become intentionally homeless. This is an essential step to ensure that those care leavers are not held back by their start in life and get the support they need to build a secure and successful future. I therefore recommend that the new clause be added to the Bill.

[Catherine Atkinson (Derby North) (Lab)]

Become, the charity for children in care and young care leavers, strongly welcomes the new clause, as does the YMCA, which supports around 1,000 care leavers a year with housing.

In its written evidence to the Committee, Become pointed to a freedom of information request that it submitted to all tier 1 local authorities in England last year, which showed real variation in whether they disapplied homelessness intentionality assessments for care leavers. Become provided examples of hearing from care-experienced young people who have been assessed as intentionally homeless for moving away to university, not keeping in touch with their personal advisers or turning down offers of accommodation that was not appropriate for them. That contradicts local authorities’ duties as corporate parents, and contributes to the disproportionate risk of homelessness that care-experienced young people are subject to.

I thank Become for its evidence, which provides powerful insight and an argument in support of the new clause. I hugely welcome it being added to the Bill.

[Darren Paffey]

Briefly, I warmly welcome the new clause. Colleagues will be aware of my interest in this area. From years of working alongside those who fall foul of laws and principles on paper that they never see, but that make a material difference to their lives and outcomes, I know that this will be a positive change. It builds on years of work, including not only the work of various charities already mentioned by my hon. Friend the Member for Derby North, but the work of my hon. Friend the Member for Whitehaven and Workington (Josh MacAlister) and no doubt countless others, and will be warmly welcomed. I am excited to be able to report to those in my constituency on the work of this Government in making sure that care leavers have better outcomes. I look forward to working with Ministers in the future to work out how we can get from this point to other areas that will make a positive material difference to their lives.

[Catherine McKinnell]

I thank hon. Members for their contributions, and absolutely agree on the importance of this measure and the difference it will make to children and young people as they move into the sometimes challenging transition to adulthood, having experienced care and on leaving care.

In response to the question from the right hon. Member for East Hampshire, the amendment will impact children classed under the Children Act 1989 as relevant children or former relevant children who present for homelessness assistance. That would cover young people aged 16 to 24 who have been looked after by a local authority for a period of at least 13 weeks, or periods that amount to 13 weeks, since their 14th birthday, at least one day of which must have been since they attained the age of 18.

The answer to the right hon. Gentleman’s question would, therefore, be subject to those parameters, but I imagine that in most cases it would apply to young people leaving the criminal justice system. He is right to raise that as a concern. Indeed, the purpose of the measure is to disapply the intentional homelessness test for care leavers who are within that scope. Care leavers who have left the youth justice system would quite rightly be included, given that they will experience similar challenges to other care leavers in establishing themselves in a secure adult life.

[Tom Hayes (Bournemouth East) (Lab)]

I was struck by recent data that shows that care leavers are particularly vulnerable to homelessness, as we have heard in this Bill Committee. Latest Government data show that the numbers of care leavers aged between 18 and 20 becoming homeless have increased by 54% over the past two years. Can the Minister outline how this very welcome measure will enhance and strengthen joint working between the children’s and housing departments, and outline a bit more some of the impacts of homelessness on care-experienced people and care leavers?

[Catherine McKinnell]

My hon. Friend makes an important point. It is worth looking at the data: in 2023-24 there were up to 410 households that included a care leaver who was found to be intentionally homeless. We appreciate that disapplying the intentional homelessness test means that local authorities will have much greater scope and ability to work with these young people and to support them into a more secure adult life. That clearly involves having a secure home, so I hope that hon. Members are willing to support this clause.

Question put and agreed to.

New clause 6 accordingly read a Second time, and added to the Bill.

New Clause 57

Pay and conditions of Academy teachers

“Schedule (Pay and conditions of Academy teachers: amendments to the Education Act 2002) amends Part 8 of the Education Act 2002 (teachers’ pay and conditions etc) in relation to the pay and conditions of teachers at Academies (other than 16 to 19 Academies).

Part 8 of the Education Act 2002”.—(Vicky Foxcroft.)

This clause replaces Clause 45 and introduces the schedule to be inserted by NS1.

Brought up, read the First and Second time, and added to the Bill.

New Clause 1

Implementation of the recommendations of the Independent Inquiry into Child Sexual Abuse

“(1) The Secretary of State must, within 6 months of the passing of this Act, take steps to implement each of the recommendations made in the final report of the Independent Inquiry into Child Sexual Abuse.

(2) The Secretary of State must, after a period of six months has elapsed from the passing of this Act and at 12 monthly intervals thereafter, publish a report detailing the steps taken by the Government to implement each of the recommendations.

(3) A report published under subsection (2) must include—

(a) actions taken to meet, action or implement each of the recommendations made in the final report of the Independent Inquiry into Child Sexual Abuse;

(b) details of any further action required to implement each of the recommendations or planned to supplement the recommendations;

(c) consideration of any challenges to full or successful implementation of the recommendations, with proposals for addressing these challenges so as to facilitate implementation of the recommendations; and

(d) where it has not been practicable to fully implement a recommendation—

(i) explanation of why implementation has not been possible;

(ii) a statement of the Government’s intention to implement the recommendation; and

(iii) a timetable for implementation.

(4) A report published under subsection (2) must be subject to debate in both Houses of Parliament within one month of its publication.

(5) In meeting its obligations under subsections (1) and (2), the Secretary of State may consult with such individuals or organisations as they deem appropriate.”—(Munira Wilson.)

Brought up, and read the First time.

[Munira Wilson]

I beg to move, That the clause be read a Second time.

I rise to speak to the new clause, tabled in my name and in the name of a number of my colleagues. Briefly, it goes without saying that, on all sides of the House, we are horrified by child sex abuse and what Professor Alexis Jay uncovered through her seven-year-long investigation. We are also horrified that so little progress has been made to date in implementing the 20 recommendations she set out. The new clause therefore seeks to create a legislative commitment, with clear timescales and regular reporting to Parliament, on progress in implementing that report. It is an attempt to approach the issue constructively.

I was disappointed, to put it mildly—in fact, pretty outraged—that Conservative colleagues sought to weaponise the issue on Second Reading to try to kill off the entire Bill. I hope that this is a much more constructive approach. However, I recognise that shortly after my tabling the new clause following Second Reading, the Government made further announcements, including that Baroness Casey will undertake a rapid review and that they will be setting out a timetable.

On that basis, I am happy to withdraw the new clause, but my party and I will continue to hold the Government’s feet to the fire. These girls have been abused, and I am in no doubt that the abuse is ongoing. That needs to be tackled, and justice needs to be served, so I hope that the Government will implement the recommendations and set out a clear timescale.

[Ellie Chowns]

I rise to speak in support of the new clause, while recognising what the hon. Lady who tabled it has just said. In doing so, I am particularly mindful of a constituent of mine who came to see me in January to tell me that she had given evidence to the independent inquiry into child sexual abuse. Frustrated does not even cover how she felt—she was incredibly upset at the lack of progress on implementation under the previous Government, and she was frustrated to find that progress now is still not fast enough.

We have a huge responsibility to all who suffer child sexual abuse, and in particular to those who have been brave enough to come forward and give evidence, trusting that that evidence would help to make changes. I hope that the Minister can clarify timetables for implementation.

[Catherine McKinnell]

As the Prime Minister has made clear, we are absolutely focused on delivering justice and change for the victims on this horrific crime. On 6 January, the Home Secretary outlined in Parliament commitments to introduce a mandatory duty for those engaging with children to report sexual abuse and exploitation, to toughen up sentencing by making grooming an aggravating factor and to introduce a new performance framework for policing.

On 16 January, the Home Secretary made a further statement to the House that, before Easter, the Government will lay out a clear timetable for taking forward the 20 recommendations from the final IICSA report. Four of those were for the Home Office, including on disclosure and barring, and work on those is already under way. As the Home Secretary stated, a cross-Government ministerial group is considering and working through the remaining recommendations. That group will be supported by a new victims and survivors panel.

The Government will also implement all the remaining recommendations in IICSA’s separate, stand-alone report on grooming gangs, from February 2022. As part of that, we will update Department for Education guidance. Other measures that the Government are taking forward include the appointment of Baroness Louise Casey to lead a rapid audit of existing evidence on grooming gangs, which will support a better understanding of the current scale and nature of gang-based exploitation across the country, and to make recommendations on the further work that is needed.

The Government will extend the remit of the independent child sexual abuse review panel, so that it covers not just historical cases before 2013, but all cases since, so that any victim of abuse will have the right to seek an independent review without having to go back to the local institutions that decided not to proceed with their case. We will also provide stronger national backing for local inquiries, by supplying £5 million of funding to help local authorities set up their own reviews. Working in partnership with Tom Crowther KC, the Home Office will develop a new effective framework for victim-centred, locally led inquiries.

This landmark Bill will put in place a package of support to drive high and rising standards throughout our education and care systems, so that every child can achieve and thrive. It will protect children at risk of abuse and stop vulnerable children falling through the cracks in service. I acknowledge that the hon. Member for Twickenham is content to withdraw her new clause, and thank her for that. Allowing this Bill’s passage will indeed go a long way to supporting the young people growing up in our system and to protect them from falling through the cracks that may leave them vulnerable to this form of abuse. Indeed, across Government, we will continue to work to take forward the recommendations and to reform our system so that victims get the justice they deserve.

[Munira Wilson]

I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 2

Provision of free school lunches to all primary school children

“(1) Section 512ZB of the Education Act 1996 (provision of free school lunches and milk) is amended as follows.

(2) In paragraph (4A)(b), after ‘year 2,’ insert ‘year 3, year 4, year 5, year 6’.

(3) In subsection (4C), after ‘age of 7;’ insert—

‘“Year 3” means a year group in which the majority of children will, in the school year, attain the age of 8;

“Year 4” means a year group in which the majority of children will, in the school year, attain the age of 9;

“Year 5” means a year group in which the majority of children will, in the school year, attain the age of 10;

“Year 6” means a year group in which the majority of children will, in the school year, attain the age of 11;’” —(Ellie Chowns.)

This new clause would extend free school lunches to all primary school age children in state funded schools.

Brought up, and read the First time.

--- Later in debate ---

[Ian Sollom]

I beg to move that the clause be read a Second time.

I am moving new clause 3 on behalf of my hon. Friend the Member for Chelmsford (Marie Goldman). The Children and Families Act 2014 sets out timeframes for local authorities to decide whether to do an education, health and care plan needs assessment, and then for the resulting education, health and care plan to be issued. Local authorities have six weeks from application to decide whether to carry out an EHCNA, and a total of 20 weeks from application to issue an EHCP. Across England in 2023, however, only 50.3% of EHCPs were issued within that statutory 20-week deadline. Some places perform much worse than that—in Essex, only 0.9% were issued within the 20-week deadline.

New clause 3 is about reporting that. Transparency is a first key step in accountability, so publishing local authorities’ performance in relation to those statutory deadlines is the aim of the amendment as that first step. It is essentially a free change because local authorities already have the information gathered, so there should not be any additional resources needed. It could in fact help, because it would cut down on freedom of information requests, for example, which are a burden on councils. It will also cut down on the level of communication required with concerned parents constantly contacting to ask when their child is going to receive their EHCP.

Also included within new clause 3, local authorities will have the opportunity to explain any reasons and lay out their plans for improving performance. That kind of transparency helps direct resources well, and I think it is a good, sensible step,

[Catherine McKinnell]

I totally agree it is vital there is publicly available data regarding local authority performance on EHCPs. That is why we publish annual data on each local authority’s timeliness in meeting their 20-week deadline. Local authorities identified as having issues with EHCP timeliness are subject to additional monitoring by the Department for Education, which works with the specific local authority. Where there are concerns about the local authority’s capacity to make the required improvements, we have secured specialist special educational needs and disabilities adviser support to help identify barriers to EHCP timeliness and put in place practical plans for recovery.

Furthermore, when Ofsted and Care Quality Commission area SEND inspections indicate there are significant concerns with local authority performance, the Department intervenes directly. That might mean issuing an improvement notice or statutory direction or appointing a commissioner, deployment of which is considered on a case-by-case basis.

We are clear that the SEND system requires reform. We are considering options to drive improvements, including on the timeliness of support and local authority performance. We do not believe increasing the amount of published data and reporting on EHCP timeliness alone would lead to meaningful improvements in performance. We are working closely with experts on reforms. We recently appointed a strategic adviser for SEND who will play a key role in convening and engaging with the sector, including leaders, practitioners, children and families, as we consider the next steps for future reform of SEND.

In response to the hon. Member for St Neots and Mid Cambridgeshire, I absolutely respect the intentions of his amendment and the desire to see much greater timeliness and support for children with SEND and their families. We are working incredibly hard—this is a priority within the Department for Education—to get much better outcomes. We do not believe that this amendment will achieve the desired outcome, although we share the intention behind the amendment.

[Munira Wilson]

I appreciate what the Minister is saying. I agree with her that this is not a silver bullet. This will not suddenly improve the system. This is about transparency and accountability where, as my hon. Friend the Member for St Neots and Mid Cambridgeshire pointed out, there are some councils that are missing the targets by such a long chalk, and is about setting out the reasons for doing so. We know in some areas that frankly NHS partners are not working constructively with local authorities to help deliver EHCPs on time.

As the Minister looks at reforming the system—and I know from my discussions with her and the Secretary of State that the Government are working hard on this—could I urge that they seriously consider this provision. It is about transparency and accountability for parents, which I think is really important.

[Catherine McKinnell]

I thank the hon. Lady for that intervention and the hon. Member for St Neots and Mid Cambridgeshire for the way in which he presented this clause. We share the ambition for children with special educational needs and disabilities to get much better service, from their local authority and on their education journey. We recognise there are significant challenges for those who seek to deliver that being able to do so, which is why we are looking at reform in a whole-system way. We are looking to drive mainstream inclusion within our school system and to reduce the waiting times for assessments, which we know is led by the Department of Health and Social Care. This is a cross-departmental effort involving the Ministry of Housing, Communities and Local Government, the Department of Health and Social Care, the Department for Work and Pensions, and clearly the Department for Education has a key role in achieving a much better outcome for children with special educational needs. We absolutely take away the intentions of this amendment, but would appreciate it not being pressed to a vote as part of the Bill. The conversation about special educational needs and improving the outcomes for children will, however, without doubt continue.

[Ian Sollom]

I beg to ask leave to withdraw the clause.

Clause, by leave, withdrawn. 

Ordered, That further consideration be now adjourned. —(Vicky Foxcroft.)