Children’s Wellbeing and Schools Bill

Catherine McKinnell Excerpts

Tuesday 18th March 2025 Commons Chamber

[The Minister for School Standards (Catherine McKinnell)]

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

[Madam Deputy Speaker (Judith Cummins)]

With this it will be convenient to discuss the following:

New clause 1—Free school meals: automatic enrolment of eligible children—

“In section 512ZB of the Education Act 1996 (provision of free school lunches and milk), omit subsection (2)(b).”

This new clause would remove the requirement in the Education Act 1996 for eligible children to request free school meals of their local authority.

New clause 6—Establishment of national school food monitoring scheme—

“(1) Within 12 months of the passing of this Act, the Secretary of State must institute a scheme for monitoring school food standards in England (‘the national school food monitoring scheme’).

(2) The purpose of the national school food monitoring scheme will be to determine whether applicable food standards duties are being met in the provision of all food in schools in England.

(3) The national school food monitoring scheme may from time to time publish reports containing such information as it sees fit relating to school food standards in England.”

This new clause would establish a national school food monitoring scheme, to ensure that the breakfast club provision included within this bill, along with all other school food, follows school food standards.

New clause 7—Registration of children for free school meals—

“After section 512ZA of the Education Act 1996 (power to charge for meals etc.), insert—

“512ZAA Registration of children for free school meals

The Secretary of State must ensure that free school meals are provided to—

(a) all children in England who are eligible to receive free school meals; and

(b) all children whose household income is less than £20,000 per year.””

New clause 9—Duty of school governing bodies regarding mental health provision—

“(1) Subject to subsection (3), the governing body of a maintained or academy school in England has a duty to make arrangements for provision in the school of a dedicated mental health practitioner.

(2) In subsection (1), “education mental health practitioner” means a person with a graduate-level or postgraduate-level qualification of that name earned through a course commissioned by NHS England.

(3) Where a school has 100 or fewer pupils, the duty under subsection (1) may be satisfied through collaborative provision between several schools.

(4) The Secretary of State must provide, or make arrangements for the provision of, appropriate financial and other support to school governing bodies for their purposes of facilitating the fulfilling of the duty in subsection (1).”

New clause 10—Establishment of a National Body for SEND—

“(1) The Secretary of State must, within 12 months of the passing of this Act, establish a National Body for SEND.

(2) The functions of the National Body for SEND will include, but not be limited to—

(a) national coordination of SEND provision;

(b) supporting the delivery of SEND support for children with very high needs; and

(c) advising on funding needed by local authorities for SEND provision.

(3) Any mechanism used by the National Body for SEND in advising on funding under subsection (2)(c) should be based on current need and may disregard historic spend.”

New clause 11—National Tutoring Guarantee—

“(1) The Secretary of State must, within six months of the passing of this Act, publish a report outlining the steps necessary to introduce a National Tutoring Guarantee.

(2) A “National Tutoring Guarantee” means a statutory requirement on the Secretary of State to ensure access to small group academic tutoring for all disadvantaged children who require academic support.

(3) A report published under this section must include an assessment of how best to deliver targeted academic support from qualified tutors to children—

(a) from low-income backgrounds,

(b) with low prior attainment,

(c) with additional needs, or

(d) who are young carers.

(4) In preparing a report under this section, the Secretary of State must consult with—

(a) headteachers,

(b) teachers,

(c) school leaders,

(d) parents of children from low-income backgrounds,

(e) children from low-income backgrounds, and

(f) other individuals or organisations as the Secretary of State considers appropriate.

(5) A report under this section must be laid before Parliament.

(6) Within three months of a report under this section being laid before Parliament, the Secretary of State must take steps to implement the recommendations contained in the report.”

New clause 12—VAT zero-rating for certain items of school uniform—

“(1) The Secretary of State must, within 6 months of the passing of this Act, make provision for certain items of school uniform to be zero-rated for the purposes of VAT.

(2) For the purposes of this section, “certain items of school uniform” means items of school uniform for pupils up to the age of 16.”

New clause 16—Spiritual, moral, social and cultural education in assemblies—

“(1) The School Standards and Framework Act 1998 is amended as follows.

(2) In section 70 (requirements relating to collective worship)—

(a) for subsection (1) substitute—

“(1) Subject to section 71, each pupil in attendance at—

(a) a community, foundation or voluntary school in Wales,

(b) a foundation or voluntary school in England which is designated with a religious character, or

(c) an Academy in England which is designated with a religious character,

must on each school day take part in an act of collective worship.”

(b) in subsection (2), for “community, foundation or voluntary school”, substitute “school to which subsection (1) applies”.

(3) After section 70, insert—

“70A Requirements relating to assemblies

(1) This section applies to schools in England that are—

(a) maintained schools without a religious character;

(b) non-maintained special schools;

(c) City Technology Colleges; and

(d) Academies without a religious character.

(2) Each pupil in attendance at a school to which this section applies must, at least once during the school week, take part in an assembly which is principally directed towards furthering the spiritual, moral, social and cultural education of the pupils, regardless of religion or belief.

(3) In relation to any school to which this section applies—

(a) the local authority responsible for education (in the case of maintained schools) and the governing body must exercise their functions with a view to securing, and

(b) the head teacher must secure,

that subsection (2) is complied with.””

This new clause would remove the requirement for daily collective worship in England for maintained schools and academies without a religious character, non-maintained special schools, and city technology colleges, and introduce a requirement for a weekly assembly furthering spiritual, moral, social and cultural education.

New clause 23—Provision of relationships and sex education and PSHE to persons who have not attained the age of 18 at further education providers—

“(1) The Children and Social Work Act 2017 is amended as follows.

(2) In section 34 (Education relating to relationships and sex)—

(a) at the end of subsection (1)(b) insert “and

(c) relationships and sex education to be provided to persons who have not attained the age of eighteen and who are receiving education at post-16 education institutions in England”;

(b) in subsection (2)(a), after “schools” insert “and further education providers”;

(c) in subsection (2)(b), after “schools” insert “and further education providers”;

(d) in subsection (2)(b), after “schools” insert “and further education providers”.

(3) In section 35 (Other personal, social, health and economic education)—

(a) at the end of subsection (1)(b) insert “and

(c) to persons who have not attained the age of eighteen and who are receiving education at post-16 education institutions in England”;

(b) in subsection (2)(a), after “schools” insert “and further education providers”;

(c) in subsection (2)(b), after “schools” insert “and further education providers”;

(d) in subsection (2)(b), after “schools” insert “and further education providers”.”

This new clause would extend the existing provision of relationships and sex education and PSHE under the Children and Social Work Act 2017 to people under the age of 18 who are receiving education at post-16 education institutions in England.

New clause 24—Cap on new faith schools’ admissions—

“(1) Any school or academy established more than two months after the passing of this Act which—

(a) is of a religious character, and

(b) is selective on the basis of faith,

must adopt admissions criteria which provide that, where the school is oversubscribed, at least 50% of the places available each year are allocated without reference to faith-based criteria.

(2) Subsection (1) does not apply to an academy established as a result of a maintained school being converted into an academy under section 4 of the Academies Act 2010, except where the converted maintained school was—

(a) of a religious character, and

(b) selective on the basis of faith prior to conversion.”

This new clause would require new schools with faith-based admissions (other than those which were maintained schools that have converted to being academies) to apply a 50% cap on faith-based admissions places when oversubscribed, in line with the cap for new academies and free schools.

New clause 31—Guidance on the admission of summer-born children with EHC plans—

“(1) The Secretary of State must, within 12 months of the passing of this Act, publish guidance for local authorities and school admissions authorities on the admission of summer-born children with education, health and care plans.

(2) Guidance published under this section must—

(a) detail the factors which must be taken into account when considering a request for a summer born child with an EHC plan to be placed outside of their normal age group;

(b) include a presumption that requests relating to the placement or admission of summer-born children with EHC plans should be considered on no less favourable terms than requests relating to summer-born children without EHC plans; and

(c) outline circumstances when it may, or may not, be appropriate for a child who has been placed outside of their normal age group to be moved to join their normal age group , with a presumption that such a placement should be no less favourable terms than placements relating to summer-born children without EHC plans;

(d) detail how parents may object to the placing of their child with their normal age group, and the process by which such objections will be considered.

(3) In developing guidance under this section, the Secretary of State must consult with—

(a) groups representing the interests of parents;

(b) individuals and organisations with expertise in supporting children with special educational needs and the parents of such children;

(c) other such parties as the Secretary of State considers appropriate.

(4) For the purposes of this section, “summer-born children” means children born between 1 April and 31 August.”

New clause 32—Collection and publication of data relating to summer-born children—

“(1) A local authority must collect and publish data on—

(a) the number and proportion of summer-born children who started school in the local authority’s area outside of their normal age group—

(i) with EHC plans, and

(ii) without EHC plans

(b) the number and proportion of summer-born children—

(i) with EHC plans, and

(ii) without EHC plans

who started school in the local authority’s area outside of their normal age group and who have been required to join their normal age group;

(c) the number and proportion of summer-born children with EHC plans who started school in the local authority’s area outside of their normal age group and who have been required to join their normal age group in a—

(i) special school;

(ii) mainstream school.

(2) The Secretary of State must annually—

(a) conduct a statistical analysis of, and

(b) publish a report on the data collected by local authorities under subsection (1).”

New clause 34—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;”

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

New clause 38—Power to prescribe pay and conditions for teachers—

“The Secretary of State must, within three months of the passing of this Act—

(a) make provision for the power of the governing bodies of maintained schools to set the pay and working conditions of school teachers to be made equivalent with the relevant powers of academies;

(b) provide guidance to all applicable schools that—

(i) pay levels given in the School Teachers’ Pay and Conditions Document are to be treated as the minimum pay of relevant teachers;

(ii) teachers may be paid above the pay levels given in the School Teachers’ Pay and Conditions Document;

(iii) they must have regard to the School Teachers’ Pay and Conditions Document but may vary from it.”

This new clause would make the pay set out in the School Teachers’ Pay and Conditions Document a floor, and extend freedoms over pay and conditions to local authority maintained schools.

New clause 39—Approved free schools and university training colleges in pre-opening—

“The Secretary of State must make provision for the opening of all free schools and university training colleges whose applications were approved prior to October 2024.”

This new clause would require the Secretary of State to proceed with the opening of free schools whose opening was paused in October 2024.

New clause 40—Duty for schools to report acts of violence against staff to the police—

“(1) Where an act listed in subsection (2) takes place which involves the use or threat of force against a member of a school’s staff, the school must report the incident to the police.

(2) An act must be reported to the police where—

(a) it is directed towards a member of school staff or their property; and

(b) it takes place—

(i) on school property; or

(ii) because of the victim’s status as a member of a school’s staff.

(3) The provisions of this section do not require or imply a duty on the police to take specific actions in response to such reports.”

This new clause would create a duty for all schools to report acts or threats of violence against their staff to the police. It would not create a requirement for the police to charge the perpetrator.

New clause 41—Right to review school curriculum material—

“Where requested by the parent or carer of a child on the school’s pupil roll, a school must allow such persons to view all materials used in the teaching of the school curriculum, including those provided by external, third-party, charitable or commercial providers.”

This new clause would ensure that parents can view materials used in the teaching of the school curriculum.

New clause 48—Review of Impact on Home Educators and Reduction of Unnecessary Reporting—

“(1) The Secretary of State must, within six months of the day on which this Act is passed, conduct a review and report of the impact of clause 26 on home educators in England.

(2) The review must include an assessment of

(a) the administrative and reporting requirements placed on home educators as a result of clause 26;

(b) the administrative and reporting requirements placed on local authorities as a result of clause 26;

(c) the extent to which such requirements are necessary for safeguarding purposes; and

(d) any data or reporting obligations that can be reduced or removed for home educators where they are not essential for safeguarding.

(3) The Secretary of State must lay a report before Parliament setting out the findings of the review, including—

(a) an analysis of the impact of clause 26 on home educators;

(b) a clear outline of any data or reporting obligations that will no longer be required from home educators; and

(c) a timeline for the removal of unnecessary reporting obligations, which must not exceed 12 months from the publication of the report.

(4) In conducting the review, the Secretary of State must consult with representatives of home educators and relevant stakeholders.

(5) The report must be made publicly available.

(6) The Secretary of State must ensure that any reporting obligations identified as unnecessary under subsection (3)(b) are removed within the timeframe specified in subsection (3)(c).”

New clause 49—Provision of free meals and activities during school holidays—

“(1) A local authority must—

(a) provide; or

(b) coordinate the provision of programmes which provide,

free meals and activities to relevant children during school holidays.

(2) For the purposes of this section, “relevant children” means children in receipt of free school meals.

(3) The Secretary of State may, by regulations made by statutory instrument—

(a) specify minimum standards for meals and activities during school holidays;

(b) specify criteria that organisations involved in the delivery of meals and activities during school holidays must meet.”

This new clause would place a duty on local authorities to provide or coordinate free meals and activities for children eligible for free school meals during school holidays.

New clause 51—Flexibility to take into account local circumstances when following the National Curriculum—

“In section 87 of the Education Act 2002 (establishment of the National Curriculum for England by order), after subsection (1) insert—

“(1A) In any revision to the National Curriculum for England, the Secretary of State must ensure that the National Curriculum shall consist of—

(a) a core framework; and

(b) subjects or areas of learning outside the core framework that allow flexibility for each school to take account of their specific circumstances.””

This new clause would clarify that, when revised, the National Curriculum for England will provide a core framework as well as flexibility for schools to take account of their own specific circumstances.

New clause 52—Parliamentary approval of revisions of the National Curriculum—

“In section 87 of the Education Act 2002 (establishment of the National Curriculum for England by order), after subsection (3) insert—

“(3A) An order made under this section revising the National Curriculum for England shall be subject to the affirmative procedure.””

This new clause would make revisions to the National Curriculum subject to parliamentary approval by the affirmative procedure.

New clause 53—Arrangements for national examinations for children not in school—

“After section 436G of the Education Act 1996, as inserted by section 25 of this Act, insert—

“436GA Arrangements for national examinations for children not in school

Where a child is eligible to be registered by the authority under section 436B, the authority must—

(a) provide for the child to be able to sit any relevant national examination; and

(b) provide financial assistance to enable the child to sit any relevant national examination; where requested by the parent or carer of the child.””

New clause 54—Review of Free School Meal eligibility and Pupil Premium registration—

“(1) The Secretary of State must, within six months of the day on which this Act is passed, conduct a review of—

(a) the number of children in England who are eligible for free school meals but are not claiming them,

(b) the number of children who are eligible for free school meals but are not registered for the purposes of pupil premium funding,

(c) the number of additional children who would be eligible for free school meals if the income thresholds had been uprated in line with inflation since 2018, and

(d) the number of additional children who would be eligible for free school meals if the income thresholds were set at £20,000 per annum after tax.

(2) A review under subsection (1) must include an assessment of—

(a) barriers preventing eligible children from claiming free school meals;

(b) disparities in take-up rates across different regions and demographics; and

(c) the financial and educational impact of under-registration on schools and local authorities.

(3) The Secretary of State must lay a report before Parliament setting out the findings of the review, including any recommendations for improving registration for and take-up of free school meals and pupil premium funding.

(4) The review and report required under this section must be repeated annually.”

Amendment 219, in clause 22, page 41, line 23, at end insert—

“and for all pupils attending special schools”.

This amendment would require the delivery of school breakfast provision to all pupils in special schools, regardless of their age.

Amendment 2, page 41, line 23, at end insert—

“(1A) The appropriate authority must, in securing breakfast club provision, make provision for the needs of qualifying children listed on the school’s Special Educational Needs and Disabilities Register.”

This amendment would require the providers of breakfast clubs to make particular provision for the needs of children on schools’ Special Educational Needs and Disabilities Registers.

Amendment 220, page 42, line 23, at end insert—

““special schools” has the meaning set out in section 337 of the Education Act 1996.”

This amendment defines special schools and is consequential on amendment 219.

Amendment 214, page 43, line 11, at end insert—

“(2A) Before making an application under subsection (1), the appropriate authority of a relevant school must consider whether the duty might be met by other forms of breakfast provision including—

(a) classroom-based provision, or

(b) takeaway provision, either at school or at a proximate site.”

This amendment would require schools to consider other models of breakfast provision before seeking an exemption from the duty to provide breakfast clubs.

Amendment 215, page 43, line 21, at end insert—

“and if the condition in subsection (4A) is met.

(4A) The condition in this subsection is that the Secretary of State is satisfied that the appropriate authority of a relevant school has fully considered other forms of breakfast provision in accordance with subsection (2A).”

This amendment would require the Secretary of State to be satisfied that a school had considered other models of breakfast provision before granting an exemption from the duty to provide breakfast clubs.

Amendment 217, page 43, line 29, at end insert—

“551CA Promotion of supplementary models of provision

The Secretary of State must seek to promote and support the development of supplementary models of provision where appropriate, including

(a) classroom based provision.

(b) takeaway provision, and

(c) nurture group services.”

This amendment would require the Secretary of State to promote supplementary models of provision.

Amendment 218, page 43, line 37, at end insert—

“(d) matters arising from the Secretary of State’s duty under section 551CA.”

This amendment would require the Secretary of State to develop guidance in connection with the duty to promote supplementary models of provision.

Amendment 216, page 43, line 38, leave out “have regard to” and insert “comply with”.

This amendment would require schools to comply with guidance under section 551D.

Amendment 212, page 44, line 5, at end insert—

“551E Publication of data

The Secretary of State must acquire and regularly publish data on breakfast club provision in schools, including data on—

(a) the characteristics of those receiving breakfast in schools, including their eligibility for free school meals;

(b) uptake levels;

(c) satisfaction levels amongst pupils and parents; and

(d) any assessment of the impact of provision on attendance, behaviour, health and wellbeing.”

This amendment would require the Secretary of State to acquire and regularly publish data on breakfast club provision in schools.

Amendment 213, page 44, line 5, at end insert—

“551E Advice and support

(1) The Secretary of State must provide to any school to which the duty under section 551B applies advice and support services when requested by the appropriate authority of the school.

(2) Services provided by the Secretary of State in accordance with subsection (1) should include advice and support from individuals with specialist knowledge of the delivery of school breakfast provision.”

This amendment would require the Secretary of State to make available to schools advice and support services delivered by people with specialist knowledge of the delivery of school breakfast provision.

Government amendments 132 and 133.

Amendment 1, in clause 24, page 44, leave out lines 22 to 29 and insert—

“(1) The appropriate authority of a relevant school may not require a pupil at the school to have to buy branded items of school uniform for use during a school year which cost more in total to purchase than a specified monetary amount, to be reviewed annually.

(1A) The Secretary of State may by regulations specify the monetary amount that may apply to—

(a) a primary pupil; and

(b) a secondary pupil.”

Amendment 191, page 45, line 6, at end insert—

“(2A) Where the appropriate authority of a relevant school provides second hand items which—

(a) comply with the school’s uniform requirements,

(b) are in an acceptable condition, and

(c) can be purchased for significantly less than the cost of buying the item,

the appropriate authority may require a pupil to have more than three branded items of uniform.

(2B) Where the appropriate authority provides new items which—

(a) comply with the school’s uniform requirements,

(b) are new, and

(c) can be purchased for significantly less than the cost of buying the item non-branded,

the appropriate authority may require a pupil to have more than three branded items of uniform.”

This amendment would allow schools to require more than three branded items of uniform if they are making them available, whether new or second hand, at a lower cost than buying non-branded items.

Amendment 190, page 45, line 15, after “school” insert

“except items of kit required when representing the school in sporting activities”.

This amendment would exclude items of PE kit required when representing the school in sporting activities from the limit on branded items of school uniform.

Government amendments 134 and 135.

Amendment 200, page 47, line 29, at end insert—

“(8A) Where a local authority refuses consent in respect of a child who meets the criteria for Condition A, the local authority must provide the parents or carers of the relevant child with a statement of reasons for the decision.

(8B) A statement of reasons provided under subsection (8A) must include an assessment of the costs and benefits to the child.”

This amendment would require a local authority to submit a statement of reasons when they do not agree for a child who meets Condition A to be home educated.

Government amendment 20.

Amendment 202, in clause 25, page 46, line 22, leave out “condition A”.

Amendment 201, page 46, leave out lines 23 to 28.

Amendment 224, page 46, line 23, leave out subsection (3).

Government amendments 21 to 24.

Amendment 22, in clause 25, page 46, line 25, leave out “337(1)” and insert “337”.

See the explanatory statement to amendment 20.

Amendment 173, page 46, line 32, after “action” insert—

“, or has previously taken action”.

This amendment would widen the definition of “relevant child” to include children in relation to whom a local authority has previously taken action under section 47 of the Children Act 1989 to safeguard and promote their welfare.

Amendment 192, page 46, line 37, at end insert—

“(c) providing services to the child or their family under section 17 of the Children Act 1989, or

(d) a local authority which has ever provided services to the child or their family under section 47 of the Children Act 1989.”

This amendment would ensure local authorities had to consent to withdrawing children from school if there is a child protection plan in place or if a child is a ‘child in need’, or if there has ever been a child protection plan in place, in relation to the relevant child or their family.

Amendment 4, page 47, line 19, at end insert—

“(6A) For the purposes of subsection (6), “suitable arrangements” in relation to the education of the child otherwise than at school mean arrangements appropriate to the age, ability and aptitude of the child and the existence of any special educational needs.”

This amendment would clarify the meaning of suitable arrangements for the education of a child outside of school, which the local authority must consider when deciding whether to grant consent for withdrawal from school.

Government amendments 25 to 31, 136 to 138, 32, 139, 33 and 140.

Amendment 5, in clause 26, page 49, line 40, leave out “each” and insert “the”.

This amendment would remove the obligation on parents to provide information on the second parent.

Amendment 6, page 49, line 41, leave out “each” and insert “any”.

See explanatory statement for Amendment 5.

Amendment 193, page 50, leave out lines 1 and 2.

This amendment would remove a requirement for the register of children not in school to include details of how much time a child spends being educated by parents.

Amendment 7, page 50, line 2, leave out

“each parent of the child”

and insert “a parent”.

See explanatory statement for Amendment 5.

Amendment 194, page 50, line 4, after “parent” insert—

“, in respect of each individual or organisation which provides such education for more than six hours a week”.

This amendment would ensure that information relating to short activities such as those operated by museums, libraries, companies and charities, as well as individual private tutoring activities, would only need to be recorded on the register of children not in school if they are provided for more than six hours a week.

Amendment 175, page 50, line 17, at end insert—

“(1A) The requirement to provide information under subsection (1)(b) does not apply where a safeguarding concern in respect of either parent has been identified.”

Amendment 195, page 50, line 17, at end insert—

“(1A) The requirements of subsection (1)(e) do not apply to provision provided on weekends or during school holidays.”

Government amendments 34 to 39.

Amendment 196, in clause 26, page 51, line 18, at end insert—

“(2A) The Secretary of State may only require further information about children to be included on the register by introducing regulations subject to the affirmative procedure.”

This amendment would require the Secretary of State to introduce regulations, subject to agreement in Parliament, when seeking to require additional information to be included in the register of children not in school.

Government amendments 40 to 45.

Amendment 197, in clause 26, page 53, line 14, after “436B)” insert—

“but does not include any person or provider that is providing out-of-school education to home-educated children on weekends or during school holidays.”

This amendment would mean that providers of out-of-school education would not be required to provide information to local authorities in respect of education they provide on weekends or during school holidays to home-schooled children.

Amendment 198, page 53, line 21, after “way” insert—

“, but may not refer to an amount of time that is less than or equal to six hours a week.”

This amendment would mean that providers of out-of-school education would not be required to provide information to local authorities where they provide education for fewer than six hours a week.

Amendment 221, page 53, line 21, at end insert—

“, but may not refer to an amount of time that is less than or equal to six hours a week.”

Government amendments 46 to 59.

Amendment 199, in clause 26, page 55, line 22, at end insert—

“(9) The Secretary of State shall publish annually the GCSE results of children listed on the register.

(10) The Secretary of State shall ensure that the GCSE results of children on the register are included for each set of outcome data published by the Government.”

This amendment would require the Secretary of State to record outcome data for children on the register as a subsection of each set of performance data published by the Department for Education.

Government amendments 60 to 67.

Amendment 8, in clause 27, page 58, leave out lines 22 to 24.

This amendment, along with Amendments 9, 10, 11 and 12, would mean that preliminary notices would not be served on a child’s parent for not providing certain information.

Government amendment 68.

Amendment 9, in clause 27, page 58, line 27, leave out “, C or D”.

This amendment is related to Amendment 8.

Amendment 13, page 58, line 32, at end insert—

“(4A) For the purposes of subsection (4), “suitable education”, in relation to a child, means education appropriate to the age, ability and aptitude of the child and the existence of any special educational needs.”

This amendment would clarify the meaning of suitable education which the local authority must consider when serving a preliminary notice for a school attendance order.

Amendment 10, page 59, leave out lines 9 to 22.

This amendment is related to Amendment 8.

Amendment 11, page 59, line 24, leave out “to D” and insert “or B”.

This amendment is related to Amendment 8.

Government amendment 69.

Amendment 12, page 59, line 41, leave out “, C or D”.

This amendment is related to Amendment 8.

Government amendment 141.

Amendment 14, in clause 27, page 60, line 5, at end insert—

“(1A) For the purposes of subsection (1)(b)(i), “suitable education”, in relation to a child, means education appropriate to the age, ability and aptitude of the child and the existence of any special educational needs.”

This amendment would clarify the meaning of suitable education which the local authority must consider when serving a school attendance order.

Amendment 15, page 60, line 8, leave out from beginning to end of line 9 and insert—

“may consider—

(i) any of the settings outside the home where the child is being educated, and

(ii) where the child lives”.

This amendment would give local authorities the discretion to consider settings where a child is educated when determining whether a school attendance order should be served.

Amendment 16, page 60, line 10, leave out from “consider” to “so” and insert—

“whether the child is being educated in a way which is appropriate to their age, ability, aptitude and any special educational needs they may have”.

This amendment would require the authority to have regard to section 7 of the Education Act 1996 in respect of parents’ duty towards their child’s education.

Amendment 17, page 60, line 15, leave out from “visit” to end of line 16 and insert “meet the child”.

This amendment would remove the requirement for the child to be seen in the home.

Amendment 18, page 60, line 17, after “refused” insert “without reasonable grounds”.

This amendment, along with Amendment 19, would, where a request to meet a child has been refused by a parent without reasonable grounds, enable an authority to consider that to be a relevant factor when considering whether to make a school attendance order.

Amendment 19, page 60, line 18, leave out “must” and insert “may”.

Government amendments 70 to 78, 142 to 144, 79 to 81, 145 to 148, 82, 149, 83 to 89, 150, 90, 151 to 153, 91 and 92, and 154 and 155.

Amendment 203, in clause 32, page 72, line 16, at end insert—

“(1B) Powers under subsection (1) may not be exercised in relation to an academy.”

This amendment specifies that the Secretary of State should rely on the provisions in Funding Agreements as regards to academies.

Government amendments 156 to 158.

Amendment 204, in clause 34, page 87, line 5, at end insert—

“(2D) The Secretary of State must issue guidance for relevant institutions on how subsection (2)(g) is to be understood.”

This amendment to allow independent schools not to have to notify the Secretary of State about change of use for buildings.

Government amendments 159 to 167.

Amendment 205, page 99, line 33, leave out clause 41.

Amendment 222, in clause 41, page 99, line 34, at end insert—

“(1A) In section 133 (requirement to be qualified), after subsection (5) insert—

“(5A) Regulations made by the Secretary of State under this section must have regard to—

(a) the availability of qualified teachers in each school subject, and

(b) the necessity or desirability of specific sectoral expertise for teachers in each school subject””

This amendment would require the Secretary of State to take account of the availability of qualified teachers in each subject, and the desirability of specific sectoral expertise when making regulations under clause 40.

Amendment 206, page 100, line 6, leave out clause 42.

Amendment 207, page 103, line 1, leave out clause 44.

Amendment 208, in clause 44, page 103, line 9, leave out from “directions” to the end of line 11 and insert—

“as are necessary to secure compliance with statutory duties, the requirements of the Funding Agreement, or charity law.”

This amendment would limit the Secretary of State’s power of direction should an Academy breach, or act unreasonably in respect of, the performance of a relevant duty.

Government amendment 168.

Amendment 209, page 103, line 36, leave out clause 45.

Amendment 225, in clause 45, page 104, line 2, at end insert—

“(c) after subsection (1A) insert—

“(1B) Before deciding whether to issue an Academy order in respect of a maintained school, the Secretary of State must issue an invitation for expressions of interest for suitable sponsors.

(1C) The Secretary of State must make an assessment of whether or not to issue an Academy order based on the established track record of parties who responded to the invitation issued under subsection (1B) with an expression of interest in raising school standards.””

Amendment 223, page 104, line 21, at end insert—

“(10) Before the amendments made by this section come into force, the Secretary of State must lay before Parliament a report detailing—

(a) the mechanisms, including Academy Orders, by which improvement of school standards can be achieved, and

(b) guidance on the appropriate usage of these mechanisms.”

Amendment 210, page 107, line 32, leave out clause 51.

Amendment 211, page 109, line 5, leave out clause 52.

Government amendments 169, 170 and 93.

Amendment 3, in clause 60, page 113, line 25, at end insert—

“(2A) Section [Abolition of common law defence of reasonable punishment] comes into force at the end of the period of twelve months beginning with the day on which this Act is passed.”

This amendment is consequential on Abolition of common law defence of reasonable punishment.

Government amendments 94 to 110.

New clause 2—Review of the Act—

“(1) The Secretary of State must from time to time—

(a) carry out a review of the impact of the provisions of this Act; and

(b) publish a report setting out the conclusions of the review.

(2) A first report under subsection (1) must be published within 12 months of the passing of this Act, with subsequent reports published at intervals not exceeding 5 years.

(3) A report published under this section must, in particular—

(a) set out the objectives intended to be achieved by the provisions of this Act;

(b) assess the extent to which those objectives are achieved; and

(c) assess whether those objectives remain appropriate.”

This new clause would require the Secretary of State to conduct regular reviews of the impact of this Act and publish reports.

[Catherine McKinnell]

I start by thanking hon. Members in all parts of the House for their valuable contribution to the debate so far.

The Bill is for children—the clue is in the name. It is for their safety, their education and their future that we bring it forward. This Government are on a mission to break down barriers to opportunity for each and every child, and the Bill is a significant step on that path. I welcome the debate that the Bill has sparked. After a decade in which education was left on the sidelines, Labour is once again bringing it to the fore, and to the centre of national life—the place it always occupies under a Labour Government. Education is at the heart of how we ensure opportunities for the next generation.

[Wendy Morton (Aldridge-Brownhills) (Con)]

On the Minister’s point about the last 10, 12 or even 14 years, would she join me in acknowledging that the schools in Walsall borough—a very diverse borough, with areas of real deprivation—outperformed national figures for the first time at the end of last year, with 91% of Walsall schools being graded good or better? That figure has steadily increased under not just a Conservative Government, but a fantastic Conservative-led council.

[Catherine McKinnell]

I will always share in the celebration of schools that are doing well, and the right hon. Lady is absolutely right to celebrate the schools in her area. I do question, however, the shameless pride we sometimes see in the record of her Government; when they left office, England’s schools were getting worse, standards in reading, maths and science were down, roofs were crumbling, children were struggling, and a generation of children were absent from school. We are determined to tackle those challenges head-on. The education that we provide for our children is not just for their future, but for all of our futures. It shapes society today and the society that we want for tomorrow.

[Graham Stuart (Beverley and Holderness) (Con)]

It is good of the Minister, for whom I have a great deal of respect, to give way. As I know her to be an honest person, will she at least share with the House the fact that schools in England are better today than they were in 2010? Picking some tiny subset of time to make out that schools are deprived is not a fair assessment. Schools are demonstrably better in England today than they were in 2010. Please, Minister, at least acknowledge that.

[Catherine McKinnell]

I thank the right hon. Gentleman for his kind words and his assumption of my honesty. The fact is that one in three children starting school is not school ready. More than a third of children leave primary school without a firm foundation in reading, writing and maths. The disadvantage gap is widening. I will come on to what we want to achieve as a Government, but we are not satisfied, as Conservative Members appear to be, with leaving some of our children without the start in life that they deserve. We want the best for all our children, and that is what our changes will achieve.

[Graham Stuart]

Will the Minister give way?

[Catherine McKinnell]

I have given way to the right hon. Member. I will do so again later.

It is essential that every child and family has certainty that they can access a good local school—a school that will set high expectations and standards for all our children, enabling them to achieve and thrive. We are bringing forward legislation to achieve our reforms, but there are reforms that we can make for which no legislation is required. We are designing a school system that supports and challenges all schools to deliver for our children. We want a rich and broad curriculum, delivered by expertly trained teachers, who have a good pay and conditions offer that attracts and retains the staff that our children need.

[Tim Farron (Westmorland and Lonsdale) (LD)]

In that spirit, will the Minister look at my new clause 30, which calls on the Government to review the effectiveness and value of outdoor education and learning for young people in both primary and secondary schools? We have a mental ill health pandemic in this country and are trying to put that right. Will she acknowledge that building young people’s resilience through outdoor education is good not just for dealing with that, but for building young people’s ability to rely on others and themselves? That helps them in situations in which they are not comfortable, and when they go back to the classroom, they are more willing to learn. Does she see this as a moment in which to invest in outdoor education, in every part of the country?

[Catherine McKinnell]

The hon. Gentleman is incredibly committed to that cause—understandably so, as he comes from a part of the country that boasts incredible outdoor scenery, and activities that many of us, I am sure, have taken part in. He is right to want that for all our children. That forms part of the changes that we are introducing today, which will unlock opportunity for all children up and down the country. We want to create a floor, but no ceiling, for what schools can offer, and to enable healthy competition and innovation beyond a core set of frameworks and standards, so that we can improve all schools, and give them the freedom and ability to deliver the enrichment programme for which he so rightly advocates. We want high and rising standards for all children.

[Wendy Morton]

Does the Minister not understand that freedom and flexibility can come from allowing a school flexibility over its curriculum?

[Catherine McKinnell]

Try as the Opposition might to make their straw man argument, this Labour Government will demand high and rising standards for all our children. Recent polls of the profession show that, despite all the scaremongering, trust chief executive officers agree that there is nothing to fear from our sensible, pragmatic and common-sense measures, which will drive standards up in every school. Academies have grown from a Government-backed insurgency in our schools, and now make up well over 50% of our school system. That is not about to change. The shadow Minister will be pleased to hear that conversions to academy status are progressing faster under Labour Ministers than at any time since she joined this House, but it is right to look forward and consider how we will build a system fit for the next 20 years. The Bill is a step on that path. It recognises, in the words of one multi-academy trust leader, that parents deserve clarity and confidence in the standards that their children’s school upholds, and that is what this Government will secure.

The Under-Secretary of State for Education, my hon. Friend the Member for Portsmouth South (Stephen Morgan), led yesterday’s debate on part 1 of the Bill. I will use my opening remarks to speak to the Government’s amendments to parts 2 and 3. Members commented yesterday on the number of amendments, but the number of substantive amendments is small, and I shall focus on them today.

Many Members have a great interest in city technology colleges and city colleges for the technology of the arts, and they have raised with me the excellent practice supported by those institutions. The Government amendments ensure that these schools can be named on school admission orders, and make it clear that families with children attending those schools will benefit from other measures in the Bill, such as those tackling the cost of school uniform.

Just as we are committed to working with all our schools, so too are this Government determined to work with the devolved Governments to deliver higher standards of education and care in all parts of the UK. The majority of today’s amendments concern the extension of the “children not in school” provisions to Wales. The Minister spoke yesterday of our pride in working with the Welsh Government. Labour Governments in both Cardiff and London will deliver our shared ambition for a society where all children receive high-quality education, wherever they grow up. We will build a Britain where children come first. These 91 amendments will extend all the “children not in school” measures to Wales. There is a legislative consent motion on this change, on which we are working very closely with the Welsh Government.

Amendment 140 will include the Scottish definition of schools in the definition of “relevant schools” for the “children not in school” register clause. This amendment ensures that only those children who are intended to be captured by “children not in school” registers are eligible for registration. Without the amendment, a child who lives in England, but who attends school full time in Scotland, would be required to be registered on their English local authority’s “children not in school” register, despite being in school full time.

The previous Government said that there was no space in their King’s Speech to ensure our children’s safety and education, but for this Labour Government, our children are a priority across the whole of the United Kingdom. Amendments 189 and 170 will ensure that the amendments made on corporate parenting extend to the whole of the United Kingdom. Education is an essential protective factor, which can shield our most vulnerable children from harm. The “children not in school” measures include the new requirement for parents of children subject to child protection plans or inquiries to seek local authority consent. However, not every child subject to these inquires will be at risk indefinitely, so it would not be appropriate or proportionate for those home-educated children who are not at risk and who are receiving suitable education to be placed in a school if it is not their parents’ preference. This Government will respect parents’ rights to opt for home education, while keeping children safe from harm and securing their right to education. Amendments 141 to 148 will ensure that this intention is reflected through the school attendance order measures in the Bill.

[Graham Stuart]

Will the Minister reassure home-educating parents that the requirements in the Bill will not be overly onerous? For instance, there is a requirement to record the time that each parent spends educating their child. Is that 24 hours a day, seven days a week, 365 days a year? How exactly would that work? Can she give us some reassurance that this measure can be made manageable and sensible, and will not be disproportionate?

[Catherine McKinnell]

Parents who are doing the right thing—home-educating their children and providing a suitable education in a safe environment—have nothing to be concerned about in relation to these measures. They are intended to ensure that no child falls through the cracks, and that is what we are delivering.

[Graham Stuart]

I am sure that the Minister intends to ensure that this does not happen, but would someone have to record all the hours and places in a week? I do not know how much the Minister knows about home education, but children are educated in all sorts of places. She has an opportunity at the Dispatch Box to say that she will come forward with regulations to ensure that they do not have to write down every time that they stop at an ice cream shop for some education about the vanilla flavour.

[Catherine McKinnell]

The amendments that I am addressing relate particularly to information sharing, which clearly the right hon. Gentleman has concerns about. Members on both sides of the House will be all too aware of the succession of tragedies that we have seen when children have fallen between the cracks in services that should be there to support them. The changes in the Bill are a reflection of this Government’s determination to bring that era of state failure to a close.

New clause 17 relates to the measures on opening new schools. Part 2 of the Education and Inspections Act 2006, which the Bill is amending, includes a number of relevant duties and powers where personal data might be processed—for example, where a proposal for a new school includes details of the relevant experience of the individual proposers. It makes clear that these powers and duties to give or publish information do not give anyone the right to give or publish personal data in a way that would breach data protection legislation. It applies a data protection override to the whole of part 2 and schedule 2 to the 2006 Act to cover all the information-related powers and duties in relation to opening, closing and altering schools.

Amendments 166 and 167 will ensure that restrictions on the sharing of data, obligations of confidence and other restrictions do not prevent the sharing of information where it is done to protect the welfare of children at registered independent educational institutions or in accommodation provided by schools or colleges. They empower Ofsted to disclose information to other inspectorates of independent educational institutions or of accommodation in schools or colleges, to enable their inspections and ensure high-quality services for our children. We anticipate that information to be shared for those purposes may include that which is given in confidence—for instance, concerns shared with Ofsted by whistleblowers. However, it is essential that information sharing that would help to protect a child’s wellbeing is not hampered. This imperative should override concerns about breaking confidence.

Amendments 90 and 151 are essential because of the Bill’s new powers for local authorities to share data from their “children not in school” registers with the agencies listed in section 11 of the Children Act 2004 and with Ofsted, in line with well-established practices, and to share information to protect and promote the wellbeing of children. The amendments will ensure that local authorities can have confidence that they are acting in the children’s best interest when doing so. There are well-established processes and existing expectations on these agencies to share information to protect and promote the wellbeing of children. Without these amendments, local authorities and these agencies may be concerned that they will be restricted in the information that they can share or receive from the “not in school” register. This information is relevant to help local authorities undertaking safeguarding, welfare and education relating to children, so it is crucial that it can be shared when appropriate.

These amendments serve to strengthen the Bill and ensure that it works as intended to keep children safe, to secure their education and to ensure that each and every family can access a brilliant local school, which is the cornerstone of opportunity for every child. I thank right hon. and hon. Members again for their scrutiny and challenge to the Bill so far. I look forward to listening to the debate, because there is no subject on which the House feels so passionately as the future of our children, and the steps that we must take to ensure thatsb each and every one of them can achieve and thrive.

[Madam Deputy Speaker (Ms Nusrat Ghani)]

I call the shadow Minister.

--- Later in debate ---

[Catherine McKinnell]

indicated dissent.

[Nick Timothy]

The Minister gave me a frown but she can intervene and admit the success of English schools in those rankings if she wishes.

It is why, when Michaela was once again selected—[Interruption.] Would the Minister like to intervene? No, apparently not. It is why, when Michaela was once again the best-ranked school in the country for progress, the Secretary of State could not bring herself even to congratulate Katherine Birbalsingh when I invited her to do so from these Benches. It is why the Education Secretary’s special adviser briefed the newspapers that Ms Birbalsingh is a liar, and why he briefed the newspapers against Amanda Spielman, former head of Ofsted, attacking her very personally as a “failure” and a Conservative.

As Margaret Thatcher, not just a former Prime Minister but a former Education Secretary, once said:

“If they attack you personally, it means they have not a single political argument left.”

And this is the truth: the Education Secretary does not have a single political argument for this disgraceful act of policy vandalism, but she is determined to ignore those who know better than her and push on. And the people who lose out, I am afraid, will be the children, from ordinary working families the length and breadth of the country, denied the best we can give them, unaware that a better and brighter future has been stolen from them thanks to nothing more than vindictive left-wing dogma.

--- Later in debate ---

[Madam Deputy Speaker (Ms Nusrat Ghani)]

I call the Minister.

[Catherine McKinnell]

I thank all hon. Members for their contributions, some of which have been well considered and delivered powerfully—others less so. This Government’s mission is to break down barriers to opportunity by driving high and rising standards. That has to be the right of every child, delivered through excellent teaching and leadership, a high-quality curriculum, and a system that removes the barriers to learning that hold too many children back, all underpinned by strong and clear accountability. This Bill delivers the legislative elements of the broader vision that we are determined to deliver. As part of that, from next term free breakfast clubs will start being rolled out in early adopter schools across the country, including special schools and alternative provision settings. Members who tabled amendments 2, 219 and 220 are right that it is critical that the new breakfast clubs are accessible for children with special educational needs and disabilities. All pupils, including those with SEND and those in special schools, are already in the existing drafting of the clause. The need to get this right is why we are testing, and learning through, the early adopter programme.

On amendments 214, 215, 217 and 218, it is important to be clear on the distinction between food-only options being “alongside” or “instead of” the breakfast clubs. The club is as important as the breakfast. It gives children a settled start to the day and will secure improvements in attendance and behaviour, so the right approach is to legislate to give schools certainty of the minimum they need to provide and to work with early adopters to see how schools can maximise attendance at these clubs. To promote food-only offers may risk undermining the club element.

Let us be clear: we inherited a shameful legacy from the previous Government. Compared with when Labour last left office, 700,000 more children are growing up with their lives and life chances scarred by poverty. Children cannot achieve or thrive if the stressors and strains of growing up in poverty—of seeing their parents worried about putting food on the table, of being concerned about their younger siblings or whether their friends will judge them for not having the basics—are put on their shoulders. I know my hon. Friends share the Government’s concern for those children and their futures. We have set up the child poverty taskforce chaired by my right hon. Friends the Education Secretary and the Work and Pensions Secretary to look at how we can work across Government to tackle the causes and impacts of poverty on children’s lives.

The support the Government provide through their school food programmes to enable families to access healthy, nutritious food is being considered as part of that work. It is right that these considerable reforms, such as extending universal infant free school meals to all primary pupils, are considered through this route in a holistic way. Alongside the work of the taskforce, we are making progress to make it easier for families to access their entitlements, and I recognise the concern that right hon. and hon. Members have for children missing out.

The Government are pressing ahead with making it quicker and easier for families and local authorities to get children signed up for free school meals with our new eligibility checking system, which allows parents to check their eligibility and supports the local efforts we have seen to ensure that children receive that support. Further, I can confirm that our officials are working with the Government Digital Service in the Department for Science, Innovation and Technology to explore options on further data sharing to get more families signed up for their entitlements. We expect to have those provisions in place from next year, well ahead of the academic year beginning in September 2026.

Our officials are working with the Department for Work and Pensions to explore options on supporting enrolment through universal credit. My Department will monitor the impact of those policies and engage with local authorities to assess the impact of the changes on the uptake of free school meals. I would be happy to update the House on that work and write to the Chair of the Education Committee, my hon. Friend the Member for Dulwich and West Norwood (Helen Hayes), by way of doing so.

[Helen Hayes]

The Minister has set out the Government’s commitment to increasing the take-up of free school meals for children who are already eligible, as well as a number of practical measures the Government are taking to make registration easier. On the basis of what she has said today, I am content not to push my new clause 1 to a vote. However, the Select Committee will continue to closely monitor the take-up of free schools meals. Should the progress that the Minister expects to see be lacking, we will come back and press the issue of auto-enrolment again with her and expect that she looks at it again.

[Catherine McKinnell]

I thank my hon. Friend for her diligence both in her role as Chair of the Select Committee and on this issue in particular. We want children to receive the entitlements that will transform their life chances. Indeed, we will work closely with her Committee to ensure that we communicate well with the House on those important issues.

Our determination to deliver better life chances for our children does not stop there. As well as free breakfast clubs, we are delivering the holiday activities and food programme, enabling disadvantaged children and children identified by their local authorities to access healthy food and enriching activities in the school holidays. We will go further by supporting every child to achieve and thrive, including those with special educational needs and disabilities, and by putting money back in their parents’ pockets.

Another part of that picture is the sad increase in childhood obesity, which, unfortunately, the Conservative party did very little to address. We must ensure that, alongside clubs and activities, the food that children have at school is healthy and balanced, and embeds healthy eating habits. We must ensure compliance with school food standards. With reference to new clause 6, we are working with the Food Standards Agency to take forward the findings of the 2022-23 compliance pilot on how best to tackle the barriers identified. On new clause 54, I can confirm that the Government will continue to publish comprehensive data on free school meals, and on the holiday activities and food programme, to ensure that our approach is informed by the best available evidence.

Tackling child poverty is imperative for the Government and for our society. It goes beyond the provision of food to putting money back in families’ pockets, giving them choice and agency in ensuring that their children are set up for the future. Our action to cut the cost of school uniform is just another part of that picture. We are taking steps to cut the cost for families and put money back in their pockets. I know that hon. Members share the desire to reduce the cost of sending children to school, but a monetary cap, as proposed in amendment 1, would increase burdens and could create new financial penalties for schools.

For schools, that would mean having to review uniform policies annually to ensure that branded items are still within the cost cap, and, as a result, it could mean that they change their uniforms more frequently to remain within the cap. They would also have to review and possibly renegotiate contracts with suppliers more frequently. For parents, more frequent changes in uniform could increase the overall number of branded items that they have to buy while their child is at school. It could affect their ability to pass uniforms down as second-hand, and could increase their reliance on specific suppliers.

Our proposals provide clarity and certainty for schools and will enable parents to have greater choice in where they buy uniforms. Amendment 191 risks undermining that parental choice. Nothing prevents schools from providing branded items at a lower cost than generic alternatives and offering them as optional items. Under current VAT rules, all children’s clothing and footwear designed for children under 14, including school uniforms, already attracts a zero rate of VAT, which covers the intention of new clause 12.

On the point raised by the hon. Member for Twickenham (Munira Wilson), we encourage schools to use sew-on badges, with a school name or logo, as a cost-effective way to brand uniform items. We want to give parents absolute clarity on what the limit means for them. That is why we have included those items, plus a tie, in the three-item limit for secondary education.

Let me turn to amendments 4, 13 and 14, and 16. I commend my hon. Friend the Member for Sheffield Central (Abtisam Mohamed) for her intention to provide clarity on the interpretations of “suitable education” and “suitable arrangements”. It is important that there be consistency across local authorities in how they approach that. However, the amendments are not needed. Section 7 of the Education Act 1996 is already clear that education must be suitable to a child’s age, ability, aptitude and any special educational needs they have. I want to reassure Members that we will make clear in statutory guidance for local authorities everything that they have to consider under section 7 when they are making decisions about the suitability of education.