Children’s Wellbeing and Schools Bill

Graham Stuart Excerpts

Tuesday 18th March 2025 Commons Chamber

[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.

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[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.

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[Neil O’Brien (Harborough, Oadby and Wigston) (Con)]

The Bill does not set out any kind of clear plan or vision for our schools. It does not address the big challenges that need addressing. It is silent on discipline and behaviour—one of the biggest issues. It comes after the Government scrapped simple Ofsted judgments and will be followed by moves to dumb down the curriculum and lower standards further.

The Secretary of State has no positive vision. She has axed programmes for advanced maths, physics, Latin and computing because she thinks that they are elitist. She has axed behaviour hubs with no replacement, even though schools that went through the scheme were twice as likely to be good or outstanding. Yet, somehow, she is able to find £90 million for advertising. The Bill is the worst of all. We have tabled numerous amendments to it. It takes a wrecking ball to 40 years of cross-party reform of England’s schools. Those reforms worked. There is much more to do, but England has risen up the international league tables even as Labour-run Wales has slumped down.

Under successive Governments of all colours, England’s schools have been improved by the magic formula of freedom plus accountability. The Bill attacks both parts of that formula. On the one hand, it strips academy schools of freedoms over recruitment and curriculum and reimposes incredible levels of micromanagement, taking away academy freedoms now enjoyed by 82% of secondary schools. On the other hand, it strikes at accountability and parental choice, ending the automatic transfer of failing schools to new management, reversing the reforms of the late 1980s, which allowed good schools to expand without permission from their local authority—a reform that ushered in parental choice.

Let me unpack this. First, the Bill takes away academy schools’ freedoms over the curriculum. We have tabled amendments to that. As Sir Dan Moynihan, who leads the incredibly successful Harris schools, explained:

“We have taken over failing schools in very disadvantaged places in London, and we have found youngsters in the lower years of secondary schools unable to read and write. We varied the curriculum in the short term and narrowed the number of subjects in key stage 3 in order to maximise the amount of time given for literacy and numeracy, because the children were not able to access the other subjects… why take away the flexibility to do what is needed locally?”––[Official Report, Children's Wellbeing and Schools Public Bill Committee, 21 January 2025; c. 71, Q154.]

Likewise, Luke Sparkes from Dixons argued:

“we…need the ability to enact the curriculum in a responsive and flexible way at a local level…there needs to be a consistency without stifling innovation.”––[Official Report, Children's Wellbeing and Schools Public Bill Committee, 21 January 2025; c. 79, Q167.]

Katharine Birbalsingh, the head of Michaela school, which has been top in the country three years in a row, wrote to the Secretary of State:

“Do you have any idea of the work required from teachers and school leaders to change their curriculum? You will force heads to divert precious resources from helping struggling families to fulfil a bureaucratic whim coming from Whitehall. Why are you changing things? What is the problem you are trying to solve?”

[Graham Stuart]

Like me, my hon. Friend finds these proposals tragic because of the removal of the curriculum freedoms that have allowed schools such as Michaela and Petchey and others all over the country to tailor their curriculum specifically to reach disadvantaged pupils so that they can engage better with their learning and have an achievement that previously they did not have. That door is being closed. I hope that Government Members reflect on this and seek a change of policy, if not in this House, then at least in the House of Lords.

[Neil O’Brien]

My right hon. Friend is completely correct. Some Government Members have reflected on this: the hon. Member for Mitcham and Morden (Dame Siobhain McDonagh) said that the proposal to make it compulsory for academies to teach the national curriculum was of particular concern to her, and she is right. Ministers have never explained what they are trying to solve with this change, but the unions like it, so into the Bill it goes.

We have tabled further amendments on qualified teacher status. The Government are getting rid of academy freedoms over recruitment and the freedom to employ non-QTS teachers. Sir Martyn Oliver from Ofsted gave us a good example of how these freedoms are used. He said:

“In the past, I have brought in professional sportspeople to teach alongside PE teachers, and they have run sessions. Because I was in Wakefield, it was rugby league: I had rugby league professionals working with about a quarter of the schools in Wakefield at one point..”––[Official Report, Children's Wellbeing and Schools Public Bill Committee, 21 January 2025; c. 49, Q108.]

Brilliant. The Government’s own impact assessment to the Bill says of this change:

“some schools may struggle to find the teachers that they need.”

Rebecca Leek from the Suffolk Association of Headteachers gave a good example of how this freedom is currently used. She said that she urgently needed an early years lead, and was able to take on someone who had run an outstanding nursery, even though they did not have QTS and nor did they plan to get it. But in future, she would not be able to do that. Former headteacher David Thomas told us in Committee that this freedom allows them to recruit people who may be at the end of their career, who have a huge amount of experience that they want to give back to the community. They do not want to go through the bureaucracy, and if we put up barriers, they will not end up in the state sector.

Ministers have not produced a single shred of evidence that teachers without QTS are of lower quality, or for why they cannot be a good supplement to QTS teachers. Ministers have never explained why they, sitting in Whitehall, think that they are in a better position to judge who to employ than headteachers on the frontline. Ministers claim that is vital, but a footnote at the bottom of page 24 of the impact assessment reveals it would, in fact, not be applied to lots of different types of schools, including 14 to 19 academies, 16 to 19 academies, university technical colleges, studio schools, further education colleges and non-maintained school early years settings. It is supposedly vital but is not being applied to loads of different types of school. Yet Ministers are imposing it on loads of other schools. As the former head of Ofsted pointed out this week, taking that flexibility out of the system feels like a retrograde step, and she is right.

Under the Bill, Whitehall micromanagement is back, too. Clause 44 allows the Secretary of State to direct academy schools to do pretty much anything. The Confederation of School Trusts is really worried about that and has suggested a way to bring such unlimited power under some limits. They say:

“We do have concerns about the power to direct…It is too broad and it is too wide. We would like to work with Government to restrict it to create some greater limits. Those limits should be around statutory duties…statutory guidance, the provisions in the funding agreement”.––[Official Report, Children's Wellbeing and Schools Public Bill Committee, 21 January 2025; c. 81, Q169.]

Yet Ministers voted down our amendment to put that suggestion from schools into effect.

Likewise, as we discovered in Committee, clause 34(5)(2) will require academy schools to get permission from the Secretary of State to make any change to the buildings they occupy. That includes any change to

“(ii) either part of the building, or

(iii) permanent outdoor structure”.

Literally, if an academy school wants to build a bike shed, it will have to go to the Secretary of State. It was clear in Committee that Ministers had not even realised that that would apply to academy schools. Those are just two of the many, many centralising measures in the Bill.

While freedom is being taken away on the one hand, accountability on the other side of the ledger is being watered down too. The Government already got rid of single-word Ofsted judgments and replaced them with something much more complicated that does not seem to have left anybody very happy. Then, clause 45 ends the automatic conversion of failing schools into academies. The hon. Member for Mitcham and Morden has said,

“The current system, in which failing schools automatically become academies, provides clarity and de-politicisation, and ensures a rapid transition. I fear that making that process discretionary would result in a large increase in judicial reviews, pressure on councils and prolonged uncertainty, which is in nobody’s interests.”—[Official Report, 8 January 2025; Vol. 759, c. 902.]

She also said,

“the DfE will find itself mired in the high court in judicial review. When we tried to transfer our first failing school to a Harris academy we spent two years in court, and children…don’t have that time to waste.”

She is so right.

Rob Tarn, the chief executive of the Northern Education Trust, has made the same point:

“If there’s no longer a known, blanket reality…There is a risk that, where it’s been determined a school needs to join a strong trust, it will take much longer and we will go back to the early days of academisation when people went to court.”

The Children’s Commissioner makes that point too. She says that she is

“deeply concerned that we are legislating against the things we know work in schools, and that we risk children spending longer in failing schools by slowing down the pace of school improvement.”

She is right.

The Confederation of School Trusts has said that the current system offers struggling schools “clarity” as they

“will join a trust, and that process can begin immediately”.

In contrast, they warn,

“We are not clear on how commissioning part-time support through the RISE arrangements makes that any easier.”

The former national schools commissioner, Sir David Carter, has warned that the

“arguments and legal actions that will arise if a school in Cumbria is told to join a trust while a school in Cornwall just gets arm’s length support will only add delay to delivering a fairer and better offer to children.”

Worse still is clause 51, which attacks school choice and the freedom to go to good schools. It was in 1987 that Mrs Thatcher announced that

“we will allow popular schools to take in as many children as space will permit. And this will stop local authorities from putting artificially low limits on entry to good schools.”

That agenda became known as local management of schools and of it the former Labour Minister Lord Adonis wrote,

“Local Management of Schools was an unalloyed and almost immediate success…school budgets under LMS were based largely on pupil numbers, so parental choice came to matter as never before.”

In contrast, the Government’s impact assessment of the Bill says:

“We want the local authority to have more influence over the PANs for schools in their area”.

It goes on to say:

“It could also limit the ability of popular schools to grow…If a school is required to lower their PAN, some pupils who would have otherwise been admitted will be unable to attend the school. This will negatively impact on parental preference”.

Michael Johnson, the leader of the very successful Chulmleigh trust, warns that that “could be disastrous for successful schools…The Government are not better placed than parents to decide which school a child attends.”

[Graham Stuart]

Does my hon. Friend, like me, reflect on the irony that the success from 2010 to 2024, which we on the Conservative Benches would naturally celebrate, was only possible because of the Labour visionaries who drove the academies programme forward, made changes, developed the argument, rolled the pitch and allowed us to lift our schools to much higher levels of performance and our children from deprived backgrounds to much better results. Labour Members were the creators of that, and now this Government are disowning it.

[Neil O’Brien]

It is tragic. It is not us criticising the Bill; it is the professionals—the people who have given their lives to education. I will give another example. Gareth Stevens, leader of Inspiration Trust, another high-performing trust, gives the example of his local council wanting to halve places at an outstanding school to prop up other schools. He says that

“the idea that we could have the rug pulled out from under us and the number of places in our high performing school cut is the most worrying thing…It will mean fewer places at high performing good or outstanding schools”.

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[Steve Witherden (Montgomeryshire and Glyndŵr) (Lab)]

It is a pleasure to speak in this important debate and express my support for the Bill. For far too long, school children have borne the brunt of academisation. Fortunately, the Labour Government in Wales rejected this model, but, having been a teacher on the border for most of my working life and a national executive member of the NASUWT, I have seen at first hand the negative impact of academies becoming the default model, while local authorities have been sidelined.

Since the introduction of the Academies Act 2010, the freedom for academies and free schools to set their own pay, terms and conditions has led to the exploitation of teachers. For example, teachers at Ark schools are expected to work 1,657 hours more annually than a maintained school teacher, while earning £7 less per hour. The lack of national consistency not only allows these schools to undervalue and overwork staff but undermines basic rights such as pension schemes, maternity and sick pay. Our Bill will tackle those disparities by extending the statutory pay and conditions framework to all teachers in academies, ensuring greater consistency and fairness between academies and maintained schools.

There is also the issue of admission policies. Too many schools misuse their control over admissions to break with inclusive local authority policies, selecting what they consider to be a more favourable intake of students. The Bill’s extension of the power to direct admissions to academies will ensure that local authorities can secure places for hard-to-place and vulnerable students, rather than allowing academies to exercise shameful selective admissions. Furthermore, by ending academy presumption, the Bill takes a significant step towards increasing academy accountability, empowering local authorities to better serve the needs of their communities, particularly helping SEND students and reducing reliance on unaffordable independent providers.

I hope to see the severe disparity between teachers’ pay and the high salaries of academy CEOs reviewed and addressed in future education legislation. We must ensure that funding is directed where it is most needed: to teaching and learning. This Bill marks an historic first step towards creating an accountable and fair education system that will benefit all our children.

[Graham Stuart]

It is a pleasure to take part in this debate and to follow the hon. Member for Montgomeryshire and Glyndŵr (Steve Witherden), who has done us and the nation a great service with the clarity of his speech. The Labour party is often accused of working to serve the producer interest rather than the consumer interest, looking after the needs of the trade unions and not those of the ordinary citizen or, in this case, the child. But rarely does any Labour Member make it quite so explicit as the hon. Gentleman just did, with a total betrayal of the child and a total focus on the needs of the professional, their interests, their pay, their disparities and their conditions. There was nothing about the child, nothing about the standards of education. Never have I seen a Labour Member speak up so honestly about what this Bill is really about. We should be enormously grateful to him for doing that, and for doing it so clearly—and in not many words.

This Bill contains 38 policy proposals all linked by a troubling theme: the misguided notion that the bureaucrat knows best. In advocating for new schools to be opened and controlled by local authorities, the Government choose to ignore the evidence that competition and innovation are what drive up standards, and instead they consolidate power in the hands of bureaucrats.

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[Sarah Smith (Hyndburn) (Lab)]

Under the current system, a third of our children leave school without the basic qualifications to succeed in life, so does the right hon. Gentleman not agree that that shows that the current system is failing and needs change? Furthermore, in the communities with the most disadvantaged—I mean those outside of London—the academisation approach has not made an impact and has not turned around the life chances of children growing up in the most deprived wards. I have worked in those communities and with those schools and seen the impact of trust after trust failing those children. I will not accept that. Does the right hon. Gentleman agree that that is unacceptable and that we have to move forward from this day to make greater improvements to make sure that the most disadvantaged students genuinely get the opportunities they deserve?

[Graham Stuart]

I thank the hon. Lady for her speech, if not intervention, and I certainly applaud her passion for the interests of children, disadvantaged children in particular, and her rage at failings in the system and her desire to see improvements, which might need to be radical, but we have not heard how the mechanics of the changes proposed in this Bill will raise standards. They will in fact dismantle them. The hon. Lady’s intervention comes in the context of my following the hon. Member for Montgomeryshire and Glyndŵr talking about Wales, and it is clear that the system being created by this Bill is much more akin to that in Wales, exactly as the hon. Gentleman so honestly said. Does the hon. Lady suggest that deprived children in Wales have better outcomes than they do in England? [Interruption.] She moved to stand up but then thought better of it, which was wise because she knows that the situation in Wales—which, as the hon. Gentleman said, is exactly what this Bill is trying to create—is infinitely worse than it is in England. Whatever the failings of the system in England, it is demonstrably better than it was 15 or indeed 25 years ago, and it is demonstrably better than it is in Wales.

[Sarah Smith]

rose—

[Graham Stuart]

I happily give way to the hon. Lady again.

[Madam Deputy Speaker (Ms Nusrat Ghani)]

Order. I remind hon. Members that interventions should be short.

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[Graham Stuart]

I thank the hon. Lady, but she again could not explain anything about the Bill. Her passion for improvement is great—we would all applaud that—but her linkage to anything in the Bill that will improve matters was distinctly missing.

Many people, including Sir Jon Coles of United Learning, have criticised the proposals in the Bill; he said they will effectively destroy the academy system. I could not tell where the hon. Lady is on that, but the hon. Member for Montgomeryshire and Glyndŵr spoke with great clarity. Where once Labour promised us “education, education, education,” it now promises us bureaucracy, bureaucracy, bureaucracy. Tragically, it is our children who will bear the consequences.

The outcomes of the last Labour Government serve as a stark warning of where the Bill will lead. In 2010, notwithstanding the nascent academy movement, we inherited a country where our children ranked 27th globally in reading. We spent more on education than Germany, yet achieved results that lagged behind nations like Poland. By the time we left office, England’s students were ranked as the best readers in the western world. In 2010, just 68% of schools were rated good or outstanding, but today that figure is 90%. These dramatic improvements did not happen by accident; they are the result of a system that puts freedom, competition and accountability at the centre of education, and equally importantly leaves mediocrity with nowhere to hide.

If the Conservative education reforms were great, it was only because we were standing on the shoulders of giants.

“Academies were introduced in the areas of greatest challenge, harnessing the drive of external sponsors and strong school leadership to bring new hope to our most disadvantaged areas.”

Not my words, but those of the longest serving Labour Prime Minister, Sir Tony Blair, in 2005. To his credit, he recognised the failings of our country’s overly centralised education system and started the reforms that paved the way to make our schools great again.

From tiny acorns do mighty oaks grow, and that is what the Conservatives delivered. In 14 years, the number of children attending academies skyrocketed from 192,000 to 4.9 million. That was transformative for pupils across England, particularly those living in deprived communities. One example is Harris Academy Battersea. Formerly known as Battersea Park school, it was considered inadequate before joining the Harris Federation in 2014. At that time, 68% of students achieved five or more GCSEs at grades A* to C. By 2017, that figure had risen to 83%, and in 2018 Ofsted rated the academy as outstanding, noting that teachers were proud to work there, morale was high, and pupils of all abilities made very strong progress. By putting a strong emphasis on cultural enrichment and academic excellence, the life chances of the working-class pupils that academies predominantly teach and who Labour claims to represent were transformed.

I am pleased that the Government have seen sense on one issue—I congratulate the Minister on that—and have amended the Bill to stop the extension of national pay rules to academies, and only require academies to have due regard to the school teachers’ pay and conditions document, rather than impose a ceiling on pay. That would have undermined the remarkable progress made by these institutions in raising standards, particularly for disadvantaged pupils.

New clause 38 goes one step further, making the pay set out in the school teachers’ pay and conditions document a floor and extending freedoms over pay and conditions to maintained schools. One of the strengths of academies is their ability to respond flexibly to local needs, including offering competitive salaries to attract and retain the best teachers in challenging areas. Limiting that flexibility would ignore the realities of teacher recruitment and retention, especially in communities where the need for high-quality education is greatest, because people respond to incentives. If academies cannot pay the best maths or physics teacher more, the children who would benefit from their skills the most will be left behind.

Building on the need for greater freedom and flexibility to raise standards, we introduced free schools, an initiative that helped to spark a renaissance in English education. Walking hand in hand with its union paymasters, who decry those schools as unaccountable and underfunded, as we heard set out in the previous speech, Labour wants these engines of social mobility to be destroyed. Its proposal to allow local authorities to open new schools, along with its planned review of the free school programme, would shift control of our children’s education away from communities and teachers and back into the hands of bureaucrats.

Unfortunately, the process has already started. In October, Ministers paused plans to open 44 new state schools in England, putting parents who planned to send their children there in limbo, so I am pleased to support new clause 39, which would reverse that pause and allow those schools to open as planned. Let us be clear: in 2024, 21% of GCSE entries from free schools achieved a grade 7 or above compared with 19% in comprehensive schools. Labour may not want to face the facts, but the reality is that sometimes the bureaucrat and the trade union shop steward do not know best. The Secretary of State is Labour’s Miss Trunchbull, putting our teachers in the chokey to satisfy her union paymasters.

This Government are so certain in their belief that they know best that they will not even allow parents the freedom to educate their own children without state interference. Buried within this Bill is a new legal requirement for local authorities to maintain a register of children not in school—a policy that I recognise was in the Conservative party’s manifesto, but which has the potential to be not just unhelpful, but actively harmful to children.

Our country has long upheld the primacy of parents, not the state, in determining the best education for their children, and this proposal seeks to undermine that fundamental covenant. That is why I support amendment 200, which would require a local authority to submit a statement of reasons when it does not agree for a child to be taken out of school to be home educated. It should at least have to account for itself. Compulsory enrolment could have serious consequences, as families may simply refuse to comply and potentially disengage from state involvement altogether because of this overreach, leading to negative unintended consequences that could impact on the child’s wellbeing.

The state thinks that it has a divine right to infringe on every aspect of the child’s life—or, at least, this Government do. They want to know what home-educated children do at the weekends and during the holidays. If that information is not required for children who attend mainstream schools, what is the justification for demanding it for children who are home-schooled? Why, in response to my repeated interventions, could the Minister not provide any reassurance that some sensible and proportionate rules would be put in place? I therefore support amendment 197, which would remove that requirement.

It was John Maynard Keynes who said:

“When the facts change, I change my mind”.

In the same spirit, I ask colleagues across the Chamber what they do. The evidence is clear: freedom and flexibility in education drive up standards and deliver better outcomes for children. In government, we followed the evidence and built on the previous Labour Government’s body of work, and the results speak for themselves. England now has the best readers in the western world, a record number of schools rated “good” or “outstanding” and greater opportunities for working-class children, albeit never at the level we would like, which is why that needs to be built on, not knocked to the ground.

As proud as I am of our record, this debate is not about party politics. At its heart, it is about ensuring that every child, regardless of their background, has access to the highest-quality education that we can provide. I urge the Secretary of State to follow the evidence, not ideology. I will vote against this Bill, but given the Government’s majority, we accept that however misguided these policies are, they will probably pass. All I can do is finish by appealing to colleagues across the Chamber to show courage, stand up for the poorest in society, stop the wreckers and support our amendments this evening when we come to vote.

[Abtisam Mohamed (Sheffield Central) (Lab)]

I commend the Minister on all the excellent work that has taken place so far on the Bill. My representations will be on home education. I recognise the importance of safeguarding and making sure that vulnerable children do not fall through the net; however, the home-educating community is growing, diverse and caring, and those involved are fiercely passionate about their children’s education and learning.

Amendments 4, 13 and 14, which stand in my name, would add to the Bill the definition of “suitable education” that already appears in section 7 of the Education Act 1996. Without these amendments, it would be left to individual local authority officers to decide what they think is suitable education.

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[Lizzi Collinge]

I acknowledge the complexity of that case and that the absolutely unacceptable failings before Sara’s death were abject across many organisations. However, she was removed from school partly so that her parents could prevent the detection of the abuse. I have recognised, and will continue to recognise, that that obviously does not speak to the vast majority of people who home-educate their children. However, as parliamentarians, we have a duty to protect the most vulnerable, and sometimes that includes regulating the majority, who are decent, honest people.

I want to reassure parents that the new regulations, such as registers for children not in school and the capacity to compel school attendance in certain cases, are not aimed at limiting home education as a whole or about policing how people choose to educate.

[Graham Stuart]

The intention is not the thing; it is the actual impact that counts. Let us take the example of someone who has taken their child out of school for the reasons that the hon. Lady has mentioned. Perhaps they have an autistic child who is miserable every day, and after letters to the headteacher and the local authority and failure after failure, they are forced to go into home education. Can she understand why parents are fearful of a representative of—as far as the parents are concerned—that failing local authority having the right to enter their home and sit in judgment over the child that they have been forced to home-educate? Can she understand why they would be fearful of the imposition a hard, top-down register, especially after so many years of successive Governments failing to provide any proper support for home educators?

[Lizzi Collinge]

I accept wholeheartedly the amount of parents of children, particularly with SEND, who have been absolutely failed by our system and by 14 years of Conservative Government. What I do not accept is that the proposal is somehow a major imposition. I do not believe that checking that children are receiving a decent education and are safe and well cared for is a major imposition on parents, and I think all good parents would welcome that.

These measures are being put in place to protect and safeguard vulnerable children. Having no oversight of children not in school is an unacceptable risk to children’s welfare. The Children’s Wellbeing and Schools Bill is crucial, and cannot come too soon to protect our most vulnerable children and to support families up and down the country with rising costs. It has the welfare of children at its heart, and I am proud to have served on the Bill Committee and to have played a role in shaping this vital legislation.

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[Graham Stuart]

Has my right hon. Friend seen Tim Leunig’s article in Schools Week talking about Ofsted’s new report card system following the Labour manifesto commitment? One danger is that, if my right hon. Friend is right and we see a reduction in standards, the Bill could switch off the light that allows us to see that, because

“reliability and validity are in tension”,

as Tim Leunig puts it. Does my right hon. Friend share my concern that Ofsted must ensure that it continues to put a bright and reliable light on the education system, so that we can see whether the policies in this Bill work?

[Damian Hinds]

I do, and my right hon. Friend gives me two valuable opportunities. The first is to pay tribute to the great Tim Leunig. We do not often talk about him in this House. He has friends here, and he is a perceptive thinker. I will look up his article.

The other opportunity that my right hon. Friend gives me is to highlight the discrepancy we can get when things appear to be getting better, when in fact they are not. That is what happened under the last Labour Government when, in spite of us falling down the international comparisons, they managed to find 11 different ways in the system to make it look like our GCSE results were improving year after year. We do not want that to happen again. There were those champions in the new Labour years who made these great reforms happen and would want to continue them now, so I say to those on the Government Benches: where are the champions today? Where are those in the modern Labour party who will say, “No, we will not be bound by ideology. We are going to do what is in the best interests of the children”? I hope there will be some of those champions in the other place.

To be fair, I was mildly encouraged this morning to hear the Chancellor of the Duchy of Lancaster, when questioned on the radio about the fate of this Bill, appearing to be somewhat open-minded, shall we say, about what might happen. To be fair, I have even been slightly encouraged listening to the Secretary of State for Education in recent days and weeks. She has sounded like she might be a little bit open to rowing back from some of the worst excesses of this legislation. There is still time. There will be weeks of this legislation being considered in the other place, so I just ask the Government to please take that time to think carefully about the legacy they will be leaving and to turn those words into deeds.

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[Vikki Slade]

I think a lot of people who do not know anything about home education miss the fact that there is a whole community of home educators, and home-educated children spend plenty of time with their peers, but they are just different peers—others who prefer to have their education outside a school environment—and there is a risk of such organisations being driven underground or lost altogether.

Under section 7 of the Education Act 1996, parents already have a duty to ensure that their child receives a suitable education, whether through school or otherwise, and local authorities can already conduct informal inquires and issue school attendance orders if they believe a child is not receiving an appropriate education, so this is simply overkill. A formal register would help to ensure accountability, but this is overreach. My amendment 221 proposes a more practical solution of requiring only those who provide more than six hours per week of education or activity to be included in the register. That strikes a reasonable balance by ensuring that key educators are identified without overwhelming families or local authorities.

While there are genuine safeguarding concerns, local authorities already have the power to intervene under section 47 of the Children Act 1989. The Victoria Climbié Foundation stated that the provision proposed in the Bill would have done nothing to help Sara Sharif because the local authority had already decided that the child was not at risk.

[Graham Stuart]

I hope colleagues in the other place will follow up on the hon. Lady’s excellent speech. To focus in on that point, if a register does go ahead—the hon. Lady supports that; I do not—it should start with the minimum requirements, and then it could be expanded if that is needed, rather than be spread out in this way. To reinforce the point she makes, local authorities already have the power to intervene if it appears to them that someone is not having a suitable education, and they have all the powers required if there are concerns about welfare. Conflating welfare and education in the way this Bill does particularly irritates and upsets home educators.

[Vikki Slade]

I thank the right hon. Gentleman for his intervention. In fact, Kathryn from my constituency wrote me a very long email talking about welfare versus education—two totally separate issues. People are really upset and would have been devastated and distraught to hear the hon. Member for Morecambe and Lunesdale (Lizzi Collinge) effectively make them feel like they were some sort of pariah. I was really upset to hear that, especially as I asked home educators in my constituency to listen to the debate and give me their feedback.

I support amendments 195 and 197, tabled by the right hon. Member for Sevenoaks (Laura Trott), which seek clarity that educational activities outside regular school terms should not be subject to this overreach. My children are not subject to them, and children in home education should not be subjected to anything more than the rest of us. Children receiving education out of school should have the same rights to take their public examinations as their peers. It should not be based on a parent’s ability to fund that. After all, the Treasury already saves many thousands of pounds for every home-educated child. New clause 53, tabled by my hon. Friend the Member for Twickenham (Munira Wilson), would provide support for parents by providing for home-educated children to sit any relevant examination and to be fully funded where requested.

I thank the Minister for confirmation on one point: as I sat here this afternoon, I received a letter to say that the challenges faced by summer-born children will now be considered. I would like to pass on the thanks—[Interruption.] Well, I’ll save the rest of it for you.

I was not going to speak about academies, but as I sat here over several hours I received two more emails relating, in particular, to concerns about their governance. I heard the challenge from those on the Conservative Benches about the comments by the hon. Member for Montgomeryshire and Glyndŵr (Steve Witherden) on teachers, but I cannot tell the House how many times I hear complaints about the way staff and whistleblowers are being treated in multi-academy trusts. While I have sat here today, I have heard of another who has been suspended by a multi-academy trust. This is not about them getting better treatment; it is about them getting worse treatment. If teachers are treated badly and leave the sector, that has an impact on our children. It is about the children, not just the teachers.

In summary, I support the principles of the Bill, but I urge the Government to consider the amendments on excessive and potentially harmful requirements imposed on home-educated children. They are common sense amendments that would allow children to be protected without placing undue burdens on families.