Children’s Wellbeing and Schools Bill

Earl of Effingham Excerpts

Thursday 19th June 2025 Lords Chamber

Care leavers, as I have said, are 70% more likely to die prematurely, to be homeless or incarcerated or suffer loneliness and poor mental and emotional health. These amendments seek to strengthen support for them both practically and in our culture and imagination.

[The Earl of Effingham (Con)]

My Lords, I thank all noble Lords for their valuable contributions thus far. Amendment 146B in the name of the right reverend Prelate the Bishop of Manchester seeks to strengthen the duty on the local authority to ensure that it has due regard to that very duty to either remove or minimise the disadvantages faced by looked-after children. In applying this language, the local authority has a stronger legal duty to support the looked-after children in its area. I thank the right reverend Prelate the Bishop of Lincoln for putting the case so well.

Amendment 147A, also in the name of the right reverend Prelate the Bishop of Manchester, builds on the previous amendment in the right reverend Prelate’s name, and would require local authorities not only to be aware of the disadvantages that looked-after children in their area face but also to take steps to avoid and reduce these disadvantages. It is vitally important that local authorities fully support the looked-after children in their area and that they take all the steps and precautions possible to prevent looked-after children from being harmed in any way by the policies they introduce. These amendments seem entirely sensible, and we thank the right reverend Prelate for bringing these issues to the Committee.

Amendment 151 in the name of the noble Baroness, Lady Stedman-Scott, which I have signed, seeks to add Jobcentre Plus to the list of relevant authorities in Schedule 1. This amendment seeks to ensure that the future career opportunities of looked-after children are considered as a priority, which is most appropriate. There are an alarming number of young people who are not in education, employment or training, and this amendment seeks to quite rightly place importance on finding young people who were previously looked-after children appropriate career development opportunities.

I hope all noble Lords would agree that giving disadvantaged young people the best career advice possible and helping them on that route-to-employment journey is absolutely essential. Whether it be assisting with writing CVs and cover letters, preparing for interviews, gaining work experience and job trialling, providing guidance and support for individuals looking to start their own businesses or providing detailed knowledge of the local labour markets to help employers find the right candidates, these are essential foundation stones to help our young workforce.

Our Amendment 152A addresses the concerns raised by the Delegated Powers and Regulatory Reform Committee of your Lordships’ House, which included the noble Baronesses, Lady Chakrabarti, Lady Finlay and Lady Ramsey, regarding Clause 24:

“we recommend that the guidance is made subject to parliamentary scrutiny, with the draft negative procedure offering an appropriate level of scrutiny”.

His Majesty’s Government’s Amendments 148 to 150 in the name of the noble Baroness, Lady Smith of Malvern, are technical amendments and seek only to clarify the reference to integrated care boards and NHS foundation trusts, and His Majesty’s Official Opposition will not seek to oppose them.

We look forward to hearing the Minister’s response on these important amendments and trust that His Majesty’s Government will see fit to acknowledge and incorporate into the Bill these positive amendments.

[Lord Addington (LD)]

My Lords, these amendments go to one of the most important points about just how important the parent is in a child’s upbringing. Many years ago I came across a piece of black humour that never seems to stop giving: the first thing that a disabled child, or a child with special educational needs, must do to be a success is to choose their parents correctly. Without that back-up, you are asking a lot of any system. Making sure that all the systems take that seriously is key.

The situation has got better and there has been progress, but we are not there yet. The statistics—which we all have in front of us and have all talked about—prove that. Still, people who lack that strong body of support tend to fail, and often quite dramatically. Success—even moderate success—within that group is celebrated, so it is important that we go forward with this work.

The noble Baroness, Lady Stedman-Scott—who is my friend—and the noble Earl, Lord Effingham, were right to table an amendment saying that jobcentres should be brought into this. That would expand the web of support and make sure it goes wide and goes through. If people do not have the central drive, we will need a wider net to pick them up when they slip. I hope that the Government will give us some positive response to this approach, because it is needed. They have gone far; go a little further.

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[The Earl of Effingham (Con)]

My Lords, corporate parenting means providing the best possible care, safeguarding and support, ensuring that children thrive and have opportunities to reach their full potential. It involves actively promoting their well-being, health and education, and preparing them for adulthood, mirroring what a responsible parent would do. As such, Amendment 147 seeks to ensure that local authorities must consider the rights of looked-after children to British citizenship, which is exactly what a responsible parent would indeed do. It is important that a local authority is able to focus on the well-being of the child and to consider whether this should apply to citizenship. It is certainly a most relevant issue for the Minister to opine on.

Amendment 152, which seeks to remove Clause 22(1)(a), would extend the local authority duty to take care of looked-after children to the Secretary of State

“exercising immigration, asylum and nationality functions”.

We can see plausible reasons why the Government would choose to include that exemption but it merits further discussion and we look forward to hearing the Minister’s response to a potentially sensitive and complicated subject.

[Baroness Smith of Malvern (Lab)]

I thank noble Lords for their contributions in this group, which relates to corporate parenting and, in particular, to immigration functions. I particularly thank my noble friend Lady Lister for introducing her amendments.

Amendment 152 seeks to apply corporate parenting duties to immigration, asylum and nationality functions. As we discussed in the previous group, our new corporate parenting measures will place an important responsibility on each Secretary of State and relevant bodies to support and seek to provide opportunities for looked-after children and care leavers, which in turn will improve their long-term outcomes. This means that Secretaries of State, including the Home Secretary, and relevant public bodies are required to be alert to matters that might negatively affect the well-being of looked-after children and care leavers, regardless of their immigration status, when exercising any functions other than those relating to asylum, immigration, nationality or customs. To be clear, children and young people in the immigration system will absolutely benefit from the additional care and support that new corporate parents will provide. The exemption is to a set of functions, not to a set of children.

This Government recognise the importance of safeguarding and promoting the welfare of children in the UK. As my noble friend identified, this is already reflected in Section 55 of the Borders, Citizenship and Immigration Act 2009. Section 55 requires the Home Secretary to make arrangements for ensuring that immigration, asylum and nationality functions are discharged

“having regard to the need to safeguard and promote the welfare of children who are in the United Kingdom”.

Statutory guidance linked to this sets out the key principles. This includes that the best interest of the child is a primary consideration when making decisions affecting children. Children should be consulted, and their wishes and feelings taken into account wherever practicable, when decisions affecting them are made. Children should have their applications dealt with in a way that minimises the uncertainty that they may experience. The guidance also emphasises the importance of interagency working.

My noble friend made the point about the requirement to speed up asylum decision-making processes and questioned whether this exclusion would mean that asylum decision-making for these children was not as quick as possible. Applying the duty to the asylum functions of the Home Office would not require it to decide asylum claims for young people in care as soon as possible on its own; that would not be the impact of applying that particular responsibility to this function. The Home Office is committed to ensuring that vulnerable claimants, such as children and care leavers, have their claims decided at the earliest opportunity. However, there are many factors, some beyond the control of the Home Office, that can delay and contribute to the length of time taken to process children’s asylum claims, such as age disputes and the availability of legal representation.

The Home Office works continuously to improve the speed of decision-making—I have to say that, under this Government, it has had some success in doing that—and reduce the number of outstanding claims for children. However, there will always be complex cases, and it is right that the Home Office takes the time to consider those carefully.

Also, unaccompanied asylum-seeking children looked after by local authorities are already subject to the general corporate parenting duties. They will be covered by the specific duties on the local authorities that care for them and by the broader duties this Bill will bring in.

The Government are reflecting on the requirement to support children in gaining certainty about their legal status, in particular in gaining citizenship, and taking further steps to consider looked-after children’s and care leavers’ interests as we reform and manage the immigration system, as set out in the White Paper Restoring Control Over the Immigration System, published on 12 May. That White Paper contained proposals to ensure that children who have been in the UK for some time and who discover, when they turn 18, that they do not have status are fully supported and able to regularise their status and settle. This will include a clear pathway for those looked-after children and care leavers. I hope that responds to the point made by the noble Lord, Lord Storey, on the previous group. The Home Secretary will set out further details about how progress will be made on that objective.

Amendment 147 also deals with this issue and seeks to ensure that new corporate parents consider the right to British citizenship of looked after children and care leavers, and how that entitlement can be secured to avoid adverse effects on their well-being. Local authorities already follow a separate set of corporate parenting principles, as I have suggested, and are best placed to take steps to consider whether a young person in their care needs support to seek British citizenship.

I know from experience, and from having seen some of the practice, that considerable care is already being taken to ensure that unaccompanied asylum-seeking children and other children subject to the immigration system in care are receiving from local authorities the care and attention that they specifically need because of their needs. In fact, I can remember, when I was chairing Sandwell Children’s Trust, being asked to help a social worker assistant who was trying to ensure that two of the children for whom we were responsible were able to get the passports they needed in time to be taken on holiday by the foster parents who were caring for them.

A lot of day-to-day work is going on in this area. As I have already suggested, all that work and support for those children is not exempted by this provision in the Bill; it is only with respect to the functions that I have already talked about. The White Paper that I touched on earlier also sets out the Government’s intent to consider measures to reduce the financial barriers to accessing British nationality for young adults who have lived here through their childhood. The previous Government already removed some fees in those circumstances, back in 2022.

That the Home Secretary is bringing forward proposals in this area I hope makes clear the Government’s commitment to ensuring that children, as we seek to regularise their status in this country, are getting the necessary support, and that it will be improved by this Government. Given the assurances I have provided, I hope that the noble Baroness feels able to withdraw her amendment on this point.

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[The Earl of Effingham (Con)]

My Lords, I shall speak to the amendments in this group relating to child employment. Amendment 154 in the name of the noble Lord, Lord Lucas, seeks to remove the ability of a local authority to require medical examinations of children for their employment. This seems like an eminently sensible amendment, and we will be most interested to hear from the Minister in what circumstances His Majesty’s Government expect this power to be necessary.

Amendments 155, 168, 228, 376 and 377 in the names of the noble Baroness, Lady Benjamin, and the noble Lords, Lord Lucas, Lord Parkinson and Lord Storey, relate to child performers and seek to protect their ability to perform. We see them often on our screens and on our stages and there can be no doubt that child talent plays a truly integral role in creating excellent productions, whether in film, television, theatre or music, so it is really important that this well-intentioned clause does not inadvertently negatively impact the creative industry but allows child performers to continue to play an active role in the industry where they choose to do so.

Amendment 156, in the name of the noble Baroness, Lady Stedman-Scott, who sends her apologies, seeks to probe His Majesty’s Government on the definition of “development” in relation to the definition of “light work”, which cannot include anything that is

“likely to be harmful to the safety, health or development of children”,

as just referenced by the noble Lord, Lord Meston.

Our amendment seeks to question how technology will be considered within this definition. There is considerable evidence that suggests that technology and the use of screens hinders children’s development and, as such, we ask the Minister whether children will be able to interact with technology in their employment. By way of an example, many restaurants and public houses use technology devices to take orders. With this definition, would it be possible that any workers under the age of 18 would not be able to use such devices?

Government Amendments 157, 158, 503, 506, 507 and 510 to 514 clarify the scope of this clause in relation to the devolved Administrations in both Scotland and Wales. His Majesty’s Official Opposition will not seek to oppose them.

Amendment 176, in the name of my noble friend Lady Stedman-Scott, which I have signed, seeks to require an impact assessment on weekend jobs. There are many children, including my own, who work at the weekends in order to save money for clothes, their first car or a multitude of other reasons. Without wanting to state the obvious, working is brilliant. It is the first step towards understanding the value of money and saving for something. It facilitates interpersonal skills, which are so critically important in an age that is now dominated by smartphones and online conversations. It promotes punctuality, time-keeping and, to a certain extent, stability. So when Clause 26 potentially reduces the number of hours that can be worked over a weekend, we believe it is important that the impact of this should be fully assessed—hence our amendment. I thank all noble Lords for their contributions thus far on such an important topic and look forward to the response from the Minister.

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[Lord Storey (LD)]

My Lords, I always enjoy the sports love-in we get in these debates. I admire the support we have for each other.

I was a great fan of the Blair Government in so far as, on the curriculum, they ensured that in primary schools there was at least two hours of physical education a day—and that happened. They also encouraged swimming and after-school activities, with the setting up of after-school clubs. That was really important but, as the noble Lord, Lord Moynihan, suggested, since those days we have gone backwards.

I agree with my noble friend Lord Addington that you can link after-school provision and breakfast clubs to activities as well, and that happens all the time. We have talked about the 400 breakfast clubs, or however many there are, but for years many schools up and down the country have been providing breakfast clubs, either for free or sponsored by a local business or provided by the school itself from its pupil premium or at very little cost. There are probably more breakfast clubs in that category than the current pilot has to offer. We should thank those schools for what they have been doing.

I also have a great deal of time for the coalition Government’s decision to bring in free universal meals for all of key stage 1—that is years 1 and 2. The independent results from the provision showed that providing free meals improved attendance and learning, helped children who were in poverty and improved social interaction between children, because when you have breakfast together, you talk and relate to each other, and that is hugely important.

The amendments that have been tabled have to be thought through very carefully. They all have something that adds to what we understand. I do not understand, for example, why the Government never consider automatic enrolment. Is it to try to save money? Surely not. I also think that we have got to a stage now where we have the 300 or 400 pilot schemes in the breakfast clubs, and I would like to know when the next phase is going to happen and how many schools we think we will want to encourage. There will no doubt be a question about the provision of kitchens and all those sorts of things. I would like to know the answer to that.

We have that. We have the free meals for key stage 1, which have been extended with the Government’s announcement. Presumably we will look at after-school provision at some stage because providing meals for children after school is important as well. There is the issue of meals in holidays. All those have a cost to them. I understand why the Government do not want to do things straightaway, because you have to find the money to pay for them, but we could have a road map of where we want to go—what do we want to do first? What are the next things we want to do?—so that the points made in Committee can be clearly thought through.

We started this debate with the amendments in the name of my noble friend Lady Walmsley. I was fascinated by the information that she gave us, which was picked up, of course, by the noble Baroness, Lady Boycott. It is not just about provision; it is about the quality of the provision and how healthy that provision is for children. It is easy to give a plate of toast or whatever, or a soft drink, but that is not necessarily healthy. It is easy to give Kellogg’s—and yes, Kellogg’s would want to sponsor various schools, would it not?—because it is filled with sugar. That is not the breakfast I think children should be having. Those are really important issues and when the Minister goes away from this Committee stage, I hope she will reflect on these amendments, because I think they are potentially life-changing for our children and young people.

Finally, let us just remind ourselves that, as of 2023, over 4 million children across the UK live in food-insecure households, with the cost of living crisis creating further problems in terms of access to nutritious food. The absence of school meals during holidays has been linked to cognitive decline, poor nutrition and a rise in child hunger-related hospital admissions. That is independently verified. I thought the amendment from the noble Lord, Lord Watson, in relation to special schools was hugely important; again, the Minister should think very carefully about that. I thank noble Lords for the amendments, which, if enacted, will make a huge difference to our children and young people.

[The Earl of Effingham (Con)]

My Lords, the amendments in this group relate to the provision of food in schools. It is essential that children have a balanced diet to ensure that their development can progress as it should. As such, this is an incredibly important group of amendments, as a balanced diet is the cornerstone of ensuring that our children grow up healthily.

I will speak first to the amendments in the name of the noble Baroness, Lady Barran, which I have signed. Amendment 186B is a probing amendment that seeks to understand why the Secretary of State would not be able to exempt a school from the duty of providing free breakfast clubs without a prior application from the school. It seeks to question how this application system will work in practice. Can the Minister say what the process will be and whether there will be a time by which the Secretary of State must respond?

Amendment 186C probes the same area but seeks to clarify the consultation process that a school authority must take before making such an application. It seems important that teachers are also involved in the process, so will the Minister give greater detail about the process and explain why the teachers are not included?