Institute for Apprenticeships and Technical Education (Transfer of Functions etc) Bill [Lords]

Ian Sollom Excerpts

Report stage & 3rd reading
Monday 31st March 2025 Commons Chamber

[Ian Sollom (St Neots and Mid Cambridgeshire) (LD)]

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

[Madam Deputy Speaker (Ms Nusrat Ghani)]

With this it will be convenient to discuss the following:

New clause 2—Report on the impact on Higher Education—

“(1) Within one year of the passing of this Act, the Secretary of State must publish a report on the impact of this Act on the provision of degree apprenticeships in England.

(2) The Report must include an impact assessment of the removal of apprenticeship levy funding for degree apprenticeships.

(3) The report under subsection (1) must be laid before both Houses of Parliament.”

New clause 3—Report on the impact on T levels—

“(1) Within one year of the passing of this Act, the Secretary of State must publish a report on the impact of this Act on T-Levels.

(2) The report under subsection (1) must include—

(a) the involvement of Skills England in the administration of T Levels, including the curriculum and assessment methods;

(b) an assessment of the independence of the accreditation of T-Levels, specifically whether there has been any involvement of the Secretary of State in this process; and

(c) an assessment of the extent to which T-Levels are meeting local demand for skills.

(3) The report under subsection (1) must be laid before both Houses of Parliament.”

New clause 4—Creation of Skills England—

“(1) A body corporate known as Skills England is established to carry out the functions transferred to the Secretary of State under this Act.

(2) At the end of a year after the passing of this Act, the Secretary of State must make regulations transferring to Skills England all the functions transferred from the Institute for Apprenticeships and Technical Education under this Act.

(3) Nothing in this section prevents the Secretary of State from transferring more functions to Skills England under other enactments.”

This new clause would put Skills England on an independent statutory footing rather than as part of the DfE. The role of IfATE would be included in that planned for Skills England.

Amendment 4, in clause 4, page 2, line 6, at end insert—

“(3B) A group of persons under subsection (3) must include a representative from an organisation that is the representative body for a sector.”

Amendment 5, page 2, line 6, at end insert—

“(3B) When approving a standard under subsection (3), the Secretary of State must have regard to the reasonable requirements of—

(a) industry, commerce, finance, professions and other employers regarding education and training, and

(b) persons who may wish to undertake education and training.”

Amendment 3, in clause 5, page 2, line 32, at end insert—

“(6B) When approving a standard under subsection (6), the Secretary of State must have regard to the reasonable requirements of—

(a) industry, commerce, finance, professions and other employers regarding education and training, and

(b) persons who may wish to undertake education and training.”

Amendment 1, in clause 9, page 4, line 13, after “England” insert

“, including the impact of removing apprenticeship level funding for degree apprenticeships”.

Amendment 2, page 4, line 13, at end insert—

“(c) the impact of the exercise of the relevant functions on the provision of level 7 apprenticeships in England”

Amendment 6, in clause 12, page 5, line 6, leave out subsections (1) and (2) and insert—

“(1) This Act comes into force at the end of the period of one year beginning on the day on which Skills England is created.”

[Ian Sollom]

In considering the transfer of functions from the Institute for Apprenticeships and Technical Education, we face fundamental questions about the Government’s accountability and the future structure of our skills system. While modest in size, the Bill has far-reaching implications for that system, and for millions of learners and apprentices. It represents a significant centralising of power in the hands of the Secretary of State, without providing proper mechanisms for parliamentary oversight or accountability.

I have sat through many hours of debate on the Bill, during which Labour Members have extolled the virtues of Skills England, but let me emphasise again that the Bill does not actually establish that body, as many assumed that it would. It simply abolishes IfATE and transfers its functions to the Secretary of State, an approach that risks creating a governance vacuum in which there is no proper scrutiny or independent oversight. It is clear from the evidence received by the Bill Committee that I am not alone in having those concerns. The Association of Colleges, the Royal Society of Chemistry, the University of Winchester and the Institute of the Motor Industry all raised similar issues relating to governance and accountability in their written evidence submissions to the Committee.

As was noted by many on Second Reading, skills policy in this country has suffered from constant reorganisation and restructuring. The right hon. Member for East Hampshire (Damian Hinds) has reminded us several times that Skills England will be the 13th skills body to be established in 50 years. Given that history, employers, providers and learners desperately need stability and clarity. In its evidence, the University of Winchester warned:

“The transfer of power from IfATE to the Secretary of State for Education raises questions about the independence of the proposed Skills England regulatory body.”

It also observed that in IfATE, at present,

“employers and academics come together to ensure that the standard is industry relevant, current, and academically rigorous.”

The Skills Federation raised similar concerns:

“The clauses in the bill which transfer powers from IFATE to the Secretary of State risk shifting the development of standards further away from employer demand.”

It also said:

“Too much centralisation leads to a lack of focus on sector needs”.

[Gideon Amos (Taunton and Wellington) (LD)]

Does my hon. Friend agree that the new clause would help colleges such as Bridgwater and Taunton college, the biggest provider of apprenticeships in England? Will he join me, and other Members, in encouraging those colleges on their path towards awarding their own degrees?

[Ian Sollom]

I entirely endorse what my hon. Friend has said, and I certainly encourage those colleges on their path. As I will explain, my new clause will enable Skills England to support them more fully.

Equally concerning is the need for effective cross-departmental co-ordination. Skills policy does not exist in isolation. Skills England needs to work with, among others, the Industrial Strategy Advisory Council on future workforce needs, the Migration Advisory Committee on reducing reliance on overseas workers, the Department for Energy Security and Net Zero on green skills, the Department for Work and Pensions on employment programmes, the Department for Science, Innovation and Technology on priority sectors, the Department of Health and Social Care on workforce planning, and, following the Chancellor’s spring statement last week, the new defence growth board on critical skills for our defence industry.

[Jim Shannon (Strangford) (DUP)]

In the past, the hon. Gentleman has mentioned the construction sector. We welcome the news that the Government will build 1.3 million houses, but that requires builders, plumbers, carpenters, electricians and plasterers, and they must be trained, so that they can do that job well. Does he feel that his new clause will enable the building of those 1.3 million houses?

[Ian Sollom]

I would hope that better scrutiny and accountability in Parliament would help with delivering what is required, and holding the Government to account when it comes to keeping their promises.

On the cross-departmental work that I mentioned, the lack of a published framework for Skills England as we consider the Bill is deeply concerning, and what we have seen so far suggests a structure that is heavily Department for Education-centric. Without statutory independence and appropriate seniority, Skills England will struggle to drive the cross-departmental co-ordination that Members on both sides of the House agree our skills system needs.

[Mr Toby Perkins (Chesterfield) (Lab)]

I am listening carefully to what the hon. Gentleman says. He is, of course, right that the measures would represent considerable centralisation, if it was not for the creation of Skills England. He has mentioned a number of Government Departments. Does he think that IfATE, a non-governmental body, has been successful in bringing all their work together, and that a Government body will not be, or is he arguing for something different?

[Ian Sollom]

I will come to my preference for an executive agency that fits what the Government want to do. That is the reason for my new clause, and I do not think that it need delay efforts. Ultimately, a statutory, departmental body would have more clout. On the basis of what we understand, at least, I think that the remit for Skills England is very different from the remit for IfATE when it comes to that cross-departmental working.

[Peter Swallow (Bracknell) (Lab)]

This Government have just taken bold action by abolishing NHS England, the largest quango in the world. Part of the motivation for doing so was the need to ensure that when something is not going right in the NHS, the buck does not stop with a quango that we Back-Bench MPs cannot question directly, but with Ministers. That is better for governance and for scrutiny; it means that when the Health Secretary says that something is not going well enough, we can question him robustly and challenge him to improve. Surely the hon. Gentleman sees that the way to push Skills England to be as robust as possible is by having strong governance.

[Ian Sollom]

There are different options, and I will come to this issue later. Given the scale of cross-departmental working required, having Skills England sit outside a single Government Department is probably more effective. Moreover, such bodies can be held accountable effectively by Parliament, as we have seen with some other quangos. Indeed, I believe the Industrial Strategy Advisory Council will be set up as a statutory independent body when time allows, and I suggest that Skills England is of the same order of magnitude.

Beyond the concerns about accountability and cross-Government authority, there are practical, operational risks to the approach laid out in the Bill. The Skills Federation warned in its evidence that

“there is a key risk that transfer of functions from IfATE will become the key focus for the set-up of Skills England and less attention (and potentially resources) placed on achieving the overarching aims.”

There is significant concern that the broader strategic purpose of Skills England could be lost in the rush to transfer operational functions. That concern was echoed by Lord Blunkett, who suggested that

“there is a real danger that IfATE will swamp Skills England at birth.”—[Official Report, House of Lords, 21 November 2024; Vol. 841, c. GC98.]

The Government’s impact assessment also acknowledges risks, noting that the transfer of functions could

“potentially cause a temporary slowdown in the growth rate of new apprenticeships and technical education courses due to potential delays in the approvals process”,

which

“may disproportionately impact disadvantaged learners.”

In Committee, the Minister emphasised the urgent need to address skills shortages and said that delay “is not an option.” Although we share the Government’s commitment to addressing skills shortages urgently, I respectfully suggest that there is wisdom in heeding the warning that the University of Warwick gave in its evidence. Getting the foundations right is more important than hasty construction.

In light of those concerns, I tabled new clause 1, which I proposed in Committee. It provides a constructive solution to many of the issues that I have outlined, and proposes a clear pathway for establishing Skills England as a dedicated executive agency within the Department for Education. As I said, my party ultimately believes that a fully independent statutory body with cross-departmental authority is the optimal approach, but we recognise the Government’s preference for the executive agency model, so new clause 1 works within that structure but provides essential safeguards. Under the new clause, the Secretary of State would produce draft proposals for establishing Skills England within six months, lay the proposals before both Houses, secure parliamentary approval before establishing the agency, provide annual statements on the agency’s work, and evaluate its effectiveness 12 months after establishment. This approach strikes the right balance between allowing the Government to implement policy at their desired speed and ensuring proper parliamentary scrutiny and meaningful stakeholder engagement.

As I said, I tabled new clause 1 in Committee because I believe that parliamentary scrutiny is essential for an organisation with such far-reaching responsibilities. The Minister argued that the standard accountability mechanisms for executive agencies are sufficient. However, I contend that Skills England is not just another executive agency; it is central to the Government’s economic growth mission and to creating opportunities for millions of people.

Standard executive agency protocols are built for “business as usual” functions, not for what should be transformative bodies at the heart of the Government’s economic strategy. Having a properly accountable Skills England, even as an executive agency, would ensure that employer voices remain central to standards development rather than being merely consultative; that technical expertise is maintained and developed across economic cycles; that Parliament maintains appropriate oversight for this critical area of policy; and, crucially, that political short-termism does not override long-term skills planning.

In Committee, the Minister argued against new clause 1 on several grounds. First, she suggested that it would cause unnecessary delay in addressing urgent skills challenges. Secondly, she pointed to the existing accountability mechanisms for executive agencies, including framework documents and reporting requirements. Thirdly, she emphasised that Skills England is already operating in shadow form and is poised to take these functions when the Bill passes. Let me address those concerns. On the issue of delay, new clause 1 would require reporting and parliamentary approval within six months—a reasonable timeframe that would not significantly impede progress. As the Skills Federation noted, proper planning for the transfer of functions is essential for success, and parliamentary scrutiny would reinforce, rather than impede, the effective delivery of Skills England.

The existing accountability mechanisms are indeed important, but they are surely insufficient for an organisation of Skills England’s significance. As the University of Winchester argued in its evidence to the Public Bill Committee, Skills England should be structured

“to ensure and protect its regulatory independence from Government and other agencies.”

The framework document and annual reports are important tools, but they are prepared by the Executive without any meaningful parliamentary input.

Skills England’s current shadow operations are welcome preparation, but operating in shadow form, without parliamentary scrutiny or approval, only underscores the need for new clause 1. Important decisions about structure, governance and priorities are being made right now, without any oversight in this place.

The Secretary of State indicated on Second Reading that the Government may review Skills England’s status in 18 to 24 months to consider whether it needs to be an independent statutory body, and the Minister confirmed that timetable in Committee. But why wait? Why create uncertainty about the future status of an organisation that needs to establish credibility with employers now? It is worth noting—as the shadow Minister, the hon. Member for Harborough, Oadby and Wigston (Neil O'Brien), did in Committee—that the Government plan to put the Industrial Strategy Advisory Council on a statutory footing “when parliamentary time allows”, according to their own documentation. This suggests that they recognise the value of key strategic bodies’ statutory independence, so why should Skills England be treated differently?

New clause 1 offers a constructive path forward, building on the debates we have already had. Personally, I was disappointed that the Government opposed it in Committee, but I believe that the case for proper parliamentary scrutiny remains compelling. Although my Liberal Democrat colleagues and I ultimately believe that a fully independent statutory body would be the ideal model for Skills England, new clause 1 would work within the Government’s executive agency framework to add essential parliamentary scrutiny and accountability.

The Minister assured us in Committee that Skills England will have robust governance arrangements and clear lines of accountability. If the Government truly believe in those principles, they should welcome rather than resist proper parliamentary oversight. If Skills England is to be the cornerstone of our skills system for years to come, even as an Executive agency with the Department for Education, we must ensure that it has the transparency, accountability and parliamentary oversight to withstand changes in political priorities and economic circumstances.

I urge Members across the House to support new clause 1, which would strengthen the Bill and help ensure that the transfer of functions leads to better outcomes for apprentices, students, employers and the economy as a whole.

[Madam Deputy Speaker (Ms Nusrat Ghani)]

I call Pam Cox. Happy birthday! [Interruption.] Do you wish to contribute, or are you going to celebrate your birthday on the Back Benches?

Institute for Apprenticeships and Technical Education (Transfer of Functions etc) Bill [ Lords ] (Third sitting)

Ian Sollom Excerpts

Committee stage
Thursday 20th March 2025 Public Bill Committees

[Ian Sollom (St Neots and Mid Cambridgeshire) (LD)]

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

It is a pleasure to serve under you in the Chair, Ms Furniss. I rise to move new clause 1, which addresses fundamental concerns about the governance and accountability of Skills England. While the Bill as amended in the Lords does now make reference to Skills England, which the original Bill presented to the Lords did not, it still does not establish it properly as an organisation, define its powers, or provide robust mechanisms for parliamentary scrutiny of its work.

The Bill, as we know, simply abolishes the Institute for Apprenticeships and Technical Education and transfers its functions directly to the Secretary of State, with only limited reporting requirements. The most recent evidence provided to the Committee reinforces those concerns, particularly the evidence from the Skills Federation, as was highlighted by the shadow Minister.

New clause 1 remedies that by requiring comprehensive proposals for Skills England to be laid before Parliament for proper scrutiny and approval. It would ensure that both Houses have a meaningful say in how the organisation is structured and operates. It would establish ongoing accountability through annual statements to Parliament and formal evaluation of its governance structure within the first year.

The Government have positioned Skills England as transformative, and the Minister’s letter to peers, which was also shared with the Committee early this week, outlines hugely impressive ambitions for Skills England. I welcome those, as I think we all do. But the governance framework described in that letter is largely discretionary. The framework document that the Minister references in that letter, which has still not formally been published, will be finalised by agreement between the Department and Skills England, with no formal parliamentary input at all.

We are being asked to approve a fundamental restructuring of the skills system without proper guarantees about how the body will operate or be held accountable. The skills system is simply too critical to proceed just on faith. I think Members on the Government Benches would be making the same arguments if they were in our position. I want to stress that the new clause is not about preventing the creation of Skills England; it is about ensuring it is established with the proper scrutiny and accountability that an organisation of such importance deserves. If the Government truly believe in Skills England as the vehicle to address our skills challenges, they should welcome the provisions for proper accountability in new clause 1.

[Neil O’Brien]

I rise only to support the hon. Member for St Neots and Mid Cambridgeshire. I shall speak to new clauses 2 and 3 later, but I do not want the hon. Member to feel that that is because I do not support new clause 1. I absolutely do. I think it is entirely sensible, and if the Government had sense then they would listen to him and include the new clause in the Bill.

--- Later in debate ---

[Janet Daby]

I thank the hon. Member for St Neots and Mid Cambridgeshire for tabling new clause 1, which would require the Secretary of State to lay draft proposals for a new executive agency, to be known as Skills England, before Parliament within six months of the Bill gaining Royal Assent.

Complexity and fragmentation within the skills systems are contributing to critical skill gaps in our economy. We need to urgently reform the delivery of skills and technical education without delay—I cannot stress that enough. After 14 years of inaction, we really need to get on with the job and build back the foundations. We plan to establish Skills England as an executive agency requiring a robust and rigorous process. That process applies across Government for all executive agencies. As with all new executive agencies, the approval of the creation of Skills England will be announced to Parliament in a written ministerial statement to both Houses. In line with other executive agencies, Skills England will be required to have robust governance arrangements and clear lines of accountability, including to Parliament. Ministers, the principal accounting officer and the chief executive will all be accountable to Parliament, and could appear before Select Committees if invited.

The broader governance and accountability framework in which Skills England will operate will be set out in the framework document. All arm’s length bodies have such a core constitutional document, which must be approved by the Treasury. The framework document will detail how Skills England will regularly report on its functions and performance, including by publishing a corporate plan and annual report.

There is a high level of interest among Skills England’s stakeholders, such as the Association of Colleges, which has expressed strong support for the plans to establish Skills England, recognising the critical role it will play in the Government’s broader post-16 education and skills agenda. We have listened to and acted on the contributions of peers in the other place, which is why we have provided even greater transparency about what Skills England will do. The Bill already requires the Secretary of State to report within six months of IfATE’s closure. The report will detail which functions are being exercised by Skills England and the impact on apprenticeships and technical education in England. The new clause is therefore not necessary.

We need to address the urgent skills challenges in our economy. There is already a robust approach to establishing and running an executive agency, and the Government have included in the Bill a legislative commitment to a report on Skills England’s functions. On that basis, I ask the hon. Member for St Neots and Mid Cambridgeshire to reconsider.

[Ian Sollom]

I thank the Minister for her response. In the interests of time—and lunch—I will not go into detail. I wish to press the new clause to a vote.

Question put, That the clause be read a Second time.

Institute for Apprenticeships and Technical Education (Transfer of Functions etc) Bill [ Lords ] (Second sitting)

Ian Sollom Excerpts

Committee stage
Thursday 13th March 2025 Public Bill Committees

[Neil O’Brien]

Clauses 4 and 5, to which our amendments apply, allow the Secretary of State to prepare, respectively, either a standard or an apprenticeship assessment plan on her own. She can do that as long as she is satisfied that it would be more appropriate for the standard to be prepared by the Secretary of State rather than a group of persons. The Government say that a group of persons will normally be consulted, but the Bill does not specify who will be consulted when it refers to “a group of persons”. That lack of detail is concerning, and our amendments seek to rectify it.

In its written evidence to the Committee, the Royal Society of Chemistry said that it feels that

“some of the mechanisms put in place by IfATE should be retained. The concept of engaging with employers and other stakeholders in relationship to development of apprenticeship standards and technical qualifications is well founded and valuable.”

One of the central pillars of IfATE was its focus on employer and business needs to create and maintain suitable qualifications to equip people for the world of work. As such, we recognise the importance of keeping that focus to ensure that businesses can still trust the qualifications, so that they continue to invest in the future generation of employees.

The Bill, however, gives very wide-ranging powers to the Secretary of State without maintaining those clear external links and the accountability that they help to provide. That is potentially damaging to the status of these qualifications. Amendment 3 states:

“A group of persons under subsection (3) must include a representative from an organisation that is the representative body for a sector.”

Amendment 4 says:

“When approving a standard under subsection (3), the Secretary of State must have regard to the reasonable requirements of—

(a) industry, commerce, finance, professions and other employers regarding education and training, and

(b) persons who may wish to undertake education and training.”

I will not read out amendments 5 and 6 because they just repeat the same things in relation to clause 5.

One would think that the amendments are pretty uncontentious, and I hope that the Government will be able to accept them. It is not at all obvious to me why they would be any problem, but the Minister in the Lords seemed resistant to these ideas, arguing that this would be a “constraint in the system” that would slow down “groups coming together”. It is not at all obvious to me why it would slow things down.

The power to make standards and assessment plans alone is not something that we would ever accept for academic qualifications. The Secretary of State would not be allowed to write the national curriculum for, let us say, GCSE Geography and then take on the role of the examining boards—OCR, Cambridge Assessment or whatever—and turn it into a specification. We would not accept it if she took on the role of Ofqual and was in charge of marking her own homework and deciding whether the standards were comparable to similar things. Yet, under the Bill, that is exactly what we will be able to do on the technical side. As my right hon. Friend the Member for East Hampshire pointed out earlier, this is another difference in parity of esteem between the technical and academic sides. The Secretary of State will be able to be judge, jury and executioner in this legislation.

When asked for an example of when the Secretary of State’s power to go it alone and write things herself will be used, the skills Minister told peers that it could be used to

“update standards for emerging or rapidly developing occupations, such as those in the digital sector.”—[Official Report, House of Lords, 21 November 2024; Vol. 841, c. GC108.]

Personally, I do not find that very reassuring. Having seen Governments and civil servants struggling with the implications of new technologies, it might be an example of where there is more cause to work with others who know the industry well rather than go it alone. I am not sure that that is the example that I would pick to show why this is a good idea. The Cross-Bench peer Baroness Wolf noted:

“I was staggered when I was working as an expert adviser in government to discover, for example, that most people in the apprenticeship division in the DfE had been in their jobs for only a couple of years. There were some wonderful people, but there was no real collective memory of why things had gone wrong before. That is why you have to make it clear in legislation that, as Skills England goes forward and as, particularly in this context, its apprenticeship functions go forward, it has to involve everybody, even though it takes longer”.—[Official Report, House of Lords, 21 November 2024; Vol. 841, c. GC104.]

All of this matters because the framework document, which has now been published and which I have here, is at best vague and at worst silent on the involvement of employers. There are some vague statements in the section on aims. It says that employers will be engaged in the preparation of standards and so on, but it does not say how. The rest of the document does not refer to this. The section on the responsibilities of the chief executive focuses just on their role as the accounting officer, in relation to the board and in relation to their responsibilities to the Department for Education. There is no mention of employers. There is no explicit reference in the section on the purposes of the new agency; there is just the reference that I have mentioned. If I were an employer, I might be concerned by that. We have this strange proposal that the Secretary of State will just be allowed to write everything herself, whenever she believes that it is advantageous to do so.

With our amendments, we are not trying to stop that, although we are very sceptical about it. We are just trying to specify the sorts of people who will be involved. It is our way of encouraging the Government to be much clearer than they have been, in the framework document or anywhere else, about how they will maintain IfATE’s focus on involving employers in drawing such things up; that was really its purpose. Our concern is to ensure that politicians who have some foible of their own—some idea or bee in their bonnet—do not impose what they want without listening to industry. That might not be current Ministers; it might be future Ministers. That is why we tabled these amendments. Perhaps the Minister will reassure us on that point, and perhaps she will even accept the amendments.

[Ian Sollom (St Neots and Mid Cambridgeshire) (LD)]

It is a pleasure to serve under you, Sir Christopher. I would like to express Liberal Democrat support for the amendments tabled by the hon. Member for Harborough, Oadby and Wigston. They address a critical weakness of the Bill, namely the lack of any concrete requirement for the Secretary of State to engage meaningfully with employers or industry bodies when preparing standards or apprenticeship assessment plans.

Although the current system is far from perfect, one strength of that system lies in its connection to industry needs. Employers understand better than anyone else the skills required for their sectors, and their involvement is essential to maintain the credibility and relevance of standards and assessment plans. Without those safeguards, there is a risk that over time the standards and assessment plans could become disconnected from workplace realities, and that would undermine the value of apprenticeships and technical qualifications for both employers and learners. There really should not be a problem with maintaining that link, and that is why we support the amendments.

[Damian Hinds (East Hampshire) (Con)]

It would be difficult to overstate the centrality of employer involvement in setting standards for technical and vocational qualifications. Earlier I mentioned Lord Sainsbury’s report and its finding that the then system of qualifications and courses had become “divorced” from the occupations that it was meant to serve. Several things are different about T-levels, compared with their predecessor qualifications. There is more time in college. There is English and maths and digital, alongside the core vocational discipline.

When we talk to young people, however, they talk about two real differentiating, distinguishing factors that motivated them to do T-levels. The first is the industrial placement—nine weeks of actual work in an actual workplace—which also appeals very strongly to employers, because it is like a nine-week job interview. It is a fantastic way to see people coming through. Employers are investing in the next generation, but they are also getting to figure out which of the next generation they most want in their business. It is a way to instil so-called soft skills—there is nothing soft about soft skills—which are sometimes called employability skills. When employers talk about the education system and about people who are taking their first job, the thing they complain about most is the lack of such development, and all that can be helped during the industrial placement.

The second distinguishing factor that people talk about is that they know that T-level standards have been designed by those that they want to go and work for. They have been designed by leading employers in the sector, and they have to be kept up to date.

Clause 4 says that the Secretary of State may herself prepare standards, instead of a “group of persons”. It is worth dwelling on that. I am sure everybody knows this, but “group of persons” is a funny old phrase, because in this context it means employers. The clause says that the Secretary of State may insert herself into the process instead of that group of persons if she is

“satisfied that it would be more appropriate”.

The same is true for clause 5, on assessment plans.

When the Bill was debated in the other place, Government amendments were made to try to calm concerns and answer some of the questions that were raised. Lords amendments 3 and 6—the Government amendments—appear here as clauses 4(5) and clause 5(5). They state that Ministers will publish something about the things that the Secretary of State takes into account in making a judgment about whether she, rather than the group of persons—employers—will set the standards.

The suggestion from Ministers is that that would be interpreted in a very minimalist way. I am not doubting that, but at the moment it is only a suggestion, so we do not know. In other words, the Secretary of State would supplant businesses and employers only in the case of something minor—I say “minor”, but it may be an important thing—in its effect on the standard, such as a change in the regulation. I am still a little nonplussed, because I do not know why we would not want employers to be involved in working out what even a change in regulation would mean for what somebody doing this qualification would learn and how they would go about it.

Will the Minister tell us what reason there could be for not wanting employers to be involved in setting those standards? Does she perhaps have a mountain of evidence showing hold-ups in standards because all these regulatory changes have had to be reflected in standards for qualifications and it has been impossible to do so?

As my hon. Friend the shadow Minister said, in the case of rapidly changing occupations, it might be necessary for the Secretary of State to sign off changes so that they can happen quickly. But the most rapidly changing occupations and sectors—things such as advanced electronics or artificial intelligence—are probably the last ones for which we would want to say, “Let’s take employers out of the equation and let Government make the changes.” Generally speaking, employers are much quicker at spotting the changes that are needed and pushing for them.

Amendments 3 and 5, in the name of my hon. Friend the shadow Minister, specify that the group of persons should include

“an organisation that is the representative body for a sector.”

That seems a very sensible and almost unarguable proposition. Amendments 4 and 6, in my hon. Friend’s name, require the body to take account of the needs and interests of both employer and employee. I was trying to imagine whether, if we were having this debate in a committee room of the Bundestag, we would really be debating whether the remit of the group of persons should include considering the needs of both employer and employee; and whether leading employers from those sectors should be included in the design of the qualifications. I suggest not.

--- Later in debate ---

[Janet Daby]

Clause 9 is about improving the reporting and transparency of Skills England. It shows this Government’s willingness to listen and work constructively with Members here and in the other place. I believe I have already outlined what Skills England will do, but for the sake of clarity, the Bill means that for the first time mean there is a single organisation responsible for identifying skills needs in our economy. It will design training that reflects employers’ skills needs, and it will work in all parts of the country so that the training available reflects national and regional priorities.

We have a skills shortage in our country and a workforce shortage. We need more people trained up to take on the jobs that are needed in our society. We want to get things moving. That is why we are bringing this Bill forward. In relation to accountability, the Secretary of State will be accountable as usual before Parliament and relevant Select Committees, as Skills England will be. On that note, I commend clause 9 to the Committee.

Question put and agreed to.

Clause 9 accordingly ordered to stand part of the Bill.

Clause 10

Power to make consequential provision

[Ian Sollom]

I beg to move amendment 8, in clause 10, page 4, line 32, at beginning insert—

“Subject to subsection (6),”.

[The Chair]

With this it will be convenient to discuss the following:

Amendment 9, in clause 10, page 4, line 34, at end insert—

“(6) For 6 months after the day on which this Act is passed, a statutory instrument to which subsection (5) applies may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.”

Clause stand part.

[Ian Sollom]

Amendments 8 and 9 address a fundamental concern that we have with the Bill, which is the lack of proper parliamentary scrutiny. As drafted, clause 10 gives the Secretary of State sweeping powers to make consequential provisions through regulations. While statutory instruments containing regulations that amend primary legislation would require the affirmative procedure, all other regulations would be subject merely to the negative procedure. Amendments 8 and 9 together would ensure that, for the critical first six months after the Act passes—the period when the most significant consequential regulations are likely to be introduced—all such regulations would require the approval of both Houses of Parliament, regardless of whether they amend primary legislation.

The Committee should be concerned about this, because the Bill already centralises considerable power in the hands of Ministers, as we have discussed many times today. We know that the Government’s intention is for Skills England to be an Executive agency of the Department for Education, but without the safeguards that the amendments provide, Parliament would have limited oversight of the implementation of the transfer of IfATE’s functions to Skills England. That matters most during the transition period, which stakeholders as well the Government’s own analysis highlighted as being fraught with risk.

We have been given little detail about the governance structures of Skills England, its operational independence or its accountability mechanisms. Given that uncertainty, ensuring robust parliamentary scrutiny of the regulations that will shape its operation is not unreasonable.

The six-month period suggested in the amendment strikes a sensible balance and does not permanently encumber the regulatory process. However, it ensures that those critical early decisions about how the functions will operate receive proper scrutiny from both Houses. The amendments are about good governance. If the Government are confident of their approach to Skills England, they should welcome and not resist scrutiny.

I think we all agree that the skills system is important for our future. It would be disappointing if such fundamental changes were made without proper parliamentary oversight.

[Neil O’Brien]

This is an extremely sensible amendment, which we welcome. Although I am not a liberal, one of the great strengths of the liberal tradition is its knee-jerk suspicion of centralisation. The Bill represents centralisation in many different ways. It takes lots of brakes off, and we keep hearing in our sittings that, “We must get rid of this or that form of scrutiny because we must move quickly.” The hon. Gentleman is right to be nervous about that and about the lack of limits to the consequentials off the back of the Bill. I support the amendment and hope that the Government will accept it.

--- Later in debate ---

[Janet Daby]

I thank the hon. Member for his intervention. Skills England is in communication with the Migration Advisory Committee and others as well. It has a broad remit as well as having a relationship with the CITB. I feel that we might be swaying outside the purpose of the Bill. I am happy to get further information if the hon. Gentleman feels that he needs some. In terms of the merger of the CITB and EITB, there are good reasons why that merger is not favoured by the Government.

As well as existing primary legislation, clause 10 will allow the Secretary of State to address any consequential effects that this Bill may have on other Bills passing through Parliament this Session. However, it is always possible that further changes may be necessary. It is therefore prudent to provide a failsafe should anything have been missed. Without it, there is a risk not just to the coherence of the legislation, but to the functioning of the system for employers and indeed learners. Should such a circumstance arise, any amendments to primary legislation will be made through the affirmative procedure.

The necessary consequential amendments to secondary legislation, which cannot be made on the face of the Bill, will be made through the negative procedure, as is customary. We have already identified amendments to secondary legislation that are needed—for example, repealing the provision in the Apprenticeships (Miscellaneous Provisions) Regulations 2017, which empowers IfATE to charge fees in relation to evaluations and apprenticeships assessments.

Amendments 8 and 9, tabled by the hon. Member for St Neots and Mid Cambridgeshire, would require regulations making consequential provisions that are subject to the negative procedure by virtue of clause 10(5) to instead be subject to the affirmative procedure for a period of six months. Given the limited and uncontroversial nature of the necessary changes, the negative procedure balances sufficient parliamentary oversight while enabling changes to be made without unduly taking up parliamentary time or risking the coherence of the skills system for learners and employers.

As Members of this House will be aware, the affirmative procedure requires debate and the approval of both Houses. That would mean that consequential amendments to existing secondary legislation would take longer, which could delay the implementation of the Bill and create incoherence across the statute book until the necessary changes are made. There is a strong precedent for delegated legislation under the negative procedure to be used to make consequential amendments to delegated legislation, and therefore the amendment seeking affirmative resolution is not necessary. For the reasons I have given, I commend the clause to the Committee and ask the hon. Member to withdraw the amendment.

[Ian Sollom]

I thank the Minister for her response. I am afraid I am not satisfied that that is sufficient and would like to push the amendment to a vote.

Question put, That the amendment be made.

Oral Answers to Questions

Ian Sollom Excerpts

Monday 10th March 2025 Commons Chamber

[Catherine McKinnell]

We are very open to ideas for how we can best use the school estate to meet the needs of young people, including those with SEND. We are determined to deliver a wide range of reforms, and I—or, indeed, the early years Minister, my hon. Friend the Member for Portsmouth South (Stephen Morgan)—would be happy to meet my hon. Friend to discuss how we can best use the resource in his constituency for the benefit of all the children who need it.

[Ian Sollom (St Neots and Mid Cambridgeshire) (LD)]

Last week the Department announced that colleges would receive only two thirds of the funding that they were promised for the 35,000 additional 16 to 18-year-old students enrolled last autumn, a decision that could lead to thousands of prospective students being turned away this September. That follows a cut in the adult skills funding. Can the Secretary of State explain how cutting promised funds will help to address skills shortages in the economy and help to deliver the Government’s growth mission?

[Bridget Phillipson]

I absolutely agree that skills are critical to driving growth. That is why we are now spending over £400 million more on 16-to-19 education—£100 million more than was announced at the Budget—including £87 million in in-year growth funding, to ensure that places are available where needed. Through the reforms that we are driving with Skills England, we will make sure that where there was once a fragmented skills system, we have a coherent system that supports all our young people and adult learners, too.

Children's Wellbeing and Schools Bill (Fourteenth sitting)

Ian Sollom Excerpts

Tuesday 11th February 2025 Public Bill Committees

Brought up, and read the First time.

[Ian Sollom (St Neots and Mid Cambridgeshire) (LD)]

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

It is a pleasure to serve under your chairmanship, Mr Betts. Home education is a choice taken by parents for a number of different reasons, as we have previously heard when debating this Bill. However, just because a parent chooses to educate their child at home and not take up a local authority school place, it should not mean that their child cannot access the examination system. At present, access to examinations for home-educated children is extremely limited, as there are only commercial providers in that space, which means that it becomes very expensive for parents. Examination space is often limited, especially for those with SEND. This new clause would ensure that all children can access and sit national examinations in order to prepare for life in further education and the world of work.

In the interests of time, I will keep my remarks brief. I look forward to hearing from the Minister.

[Stephen Morgan]

The new clause, tabled by the hon. Member for Twickenham, seeks to create a duty for local authorities to make provision for children who are eligible to be included on the children not in school registers to sit any relevant national examination should a parent request that, and

“to provide financial assistance to enable the child to sit”

such examinations. Electing to home educate is not an easy decision, and home educating children is a massive undertaking. I applaud those parents who work tremendously hard to do so. However, parents who choose to home educate assume full responsibility for the education of their child, and our guidance is clear on that.

The choice to home educate should be an informed one, with full awareness of potential challenges and the associated costs. That includes considering and planning in advance how to access examinations and qualifications for the child, including making inquiries with local centres as early as possible. To assist with that, the Joint Council for Qualifications publishes a list of centres that are available to private candidates to take their examinations. Parents can also contact exam boards, which may be able to direct them to a centre where their child can sit exams.

The Bill introduces a duty on all English local authorities to provide support in the form of advice and information to all eligible families who request it. For the first time that creates an established baseline of support to ensure that wherever home educating families live, they have access to a reliable level of support from their local authority. Within that duty, I expect local authorities, when requested, to provide advice and information to private candidates about how to access and navigate the examination system.

Local authorities retain discretion to provide further support above that baseline to families in their local area if they choose to do so. Some may choose to contribute towards the cost of examinations for families in their area. That is a decision for each local authority, depending on its budgetary position and local need. I therefore ask the hon. Member for St Neots and Mid Cambridgeshire to withdraw the new clause.

[Ian Sollom]

I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 38

Consultation on the structures of governance for local authority and academy schools

“(1) The Secretary of State must conduct a public consultation on the current structures of governance within both local authority and academy schools.

(2) The consultation conducted under subsection (1) must consider—

(a) the role of school governors;

(b) the statutory duties of school governors;

(c) ways to encourage people to become school governors; and

(d) any other matters that the Secretary of State may see fit.

(3) The Secretary of State must issue the consultation conducted under subsection (1) within one year of the commencement of this Act.

(4) The Secretary of State must, within three months of the consultation closing, publish and lay before Parliament his response to the consultation.” —(Ian Sollom.)

This new clause instigates a review of school governance in light of the severe shortage of school governors and the increasing responsibilities that volunteer governors are taking on.

Brought up, and read the First time.

[Ian Sollom]

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

I move this new clause on behalf of my hon. Friend the Member for Hazel Grove (Lisa Smart), who is herself a school governor, to highlight the severe shortage of school governors and the increasing responsibilities they face. The recruitment of governors has become increasingly difficult. Indeed, the National Governance Association estimates that in 2022 vacancies hit a six-year high at 20,000. Its latest report last year revealed that 76% of schools found it difficult to recruit governors, while 44% of boards had two or more vacancies, up from 33% three years ago. Moreover, 30% of governors considered resigning because of an inability to balance their governance responsibilities with their jobs.

Evidence shows that the responsibilities of school governors have significantly increased over time, and Ofsted said that since schools’ autonomy increased, starting with the Education and Inspections Act 2006, the role has become more important but also more complex. Historically, school governors provided formal oversight, but they are now also expected to ensure regular performance reviews and financial oversight, and to hold school leadership accountable. The position has become increasingly professionalised, and Ofsted has identified that growth in responsibility as a key factor in many schools struggling to achieve a good or higher rating. That is largely because governors fail to focus on holding school leadership accountable, and have that split responsibility with other aspects of the role. The new clause seeks to probe that issue more, and I look forward to the Minister’s response.

[Catherine McKinnell]

I am grateful for the opportunity to discuss governance structures in schools and academies. I sincerely thank the incredible volunteer force, which is a vital part of our system. I have such admiration for those in our communities who step up and invest their precious time and energy in our schools and young people. Governors and trustees work tirelessly in the interests of pupils and students in what we recognise is an often challenging environment. We really do owe them a debt of thanks.

--- Later in debate ---

Existing legislation and guidance already enable flexibility in relation to governance structures’ size and constitution, and we encourage governing boards to take advantage of the flexibilities they already have when designing their governance structures and assessing their individual needs. We continue to keep the legal requirements and guidance on governance under review, and we will make changes that improve the system. I hope I have reassured the hon. Member for St Neots and Mid Cambridgeshire that we are already working with the sector to address these challenges, and that he will accordingly withdraw the new clause.

[Ian Sollom]

I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 39

Establishment of Child Protection Authority

“(1) The Secretary of State must, within six months of the passing of this Act, establish a Child Protection Authority for England.

(2) The purpose of such an Authority will be to—

(a) improve practice in child protection;

(b) provide advice and make recommendations to the Government on child protection policy and reforms to improve child protection;

(c) inspect institutions and settings at some times and in such ways as it considers necessary and appropriate to ensure compliance with child protection standards; and

(d) monitor the implementation of the recommendations of the Independent Inquiry into Child Sexual Abuse and other inquiries relating to the protection of children.

(3) The Authority must act with a view to—

(a) safeguarding and promoting the welfare of children;

(b) ensuring that institutions and settings fulfil their responsibilities in relation to child protection.”—(Munira Wilson.)

This new clause would seek to fulfil the second recommendation of the Independent Inquiry into Child Sexual Abuse in establishing a Child Protection Authority for England.

Brought up, and read the First time.

[Munira Wilson]

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

I rise to speak to new clause 39, in my name and those of a number of my hon. Friends, which seeks to fulfil the second recommendation of the independent inquiry into child sexual abuse by establishing a child protection authority in England, which would be an arm’s length body of the Government on a par with organisations such as the National Crime Agency. As the inquiry set out, its role would be to

“improve practice in child protection by institutions, including statutory agencies;…provide advice to government in relation to policy and reform to improve child protection, including through the publication of regular reports to Parliament and making recommendations; and…inspect institutions as it considers necessary.”

I recently met Professor Jay and a member of the panel who was involved in that review, and they felt that there are certain gaps in the inspection regime across the country, so having this overarching national body with a focus on child protection is a really important recommendation and step forward. Indeed, it was the report’s second recommendation. The child protection authority would monitor the implementation of the inquiry’s recommendations.

I am very grateful that the Government have already committed to implementing the recommendations, but I gently say to Ministers that this Bill, which we have spent several weeks going through in detail, already focuses on a number of safeguards and child protection measures. One of the many reasons that the previous Government gave for not implementing some of the recommendations was a lack of legislative time, which I struggle to understand given the number of times the House rose early in the previous Parliament. Given that the IICSA recommendation requires legislation and we are considering a very relevant Bill, I am not entirely sure that the Government are committed to implementing it as they are not legislating for a child protection authority.

When we discussed new clause 15 this morning, the hon. Member for Southampton Itchen said that many of the crimes explored in the report are undoubtedly ongoing. Therefore, what could be more important than putting these provisions in place? I very much hope Ministers will seriously consider implementing this recommendation quickly and using the legislative opportunity. Even if they will not accept my new clause, there is time as the Bill progresses through Parliament to put into legislation one of Professor Jay’s key recommendations.

Children's Wellbeing and Schools Bill (Thirteenth sitting)

Ian Sollom Excerpts

Tuesday 11th February 2025 Public Bill Committees

[Ellie Chowns]

I beg to ask leave to withdraw the clause.

Clause, by leave, withdrawn.

New Clause 9

Requirement to provide information about bereavement services

“(1) The Secretary of State must by regulations establish a protocol for the collection and dissemination of information relating to bereavement support services for children and young people.

(2) A protocol made under subsection (1) must—

(a) define the bereavement support services to which the protocol applies, which must include services provided by—

(i) local authorities;

(ii) NHS bodies; and

(iii) charities and other third sector organisations;

(b) place a duty on the Secretary of State to publish information, including online, about services to which the protocol applies;

(c) place a duty on specified public bodies and other persons to provide information to children and young people about services to which the protocol applies, including—

(i) specialist services for children and young people;

(ii) services provided online; and

(iii) accessible services for deaf and disabled children and young people;

(d) where a duty under paragraph (c) applies, require the identification of children or young people who may require a service to which the protocol applies.

(3) The Secretary of State must make regulations under this section by statutory instrument.

(4) A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before and approved by resolution of each House of Parliament.

(5) The Secretary of State must lay before Parliament a draft statutory instrument containing regulations under this section within 12 months of the passing of this Act.”—(Ian Sollom.)

This new clause would place a duty on the Secretary of State to establish a protocol for the collection and dissemination of information about bereavement support services to children and young people.

Brought up, and read the First time.

[Ian Sollom (St Neots and Mid Cambridgeshire) (LD)]

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

[The Chair]

With this it will be convenient to discuss new clause 52— Bereavement policy in schools—

“(1) The governing body of a relevant school in England has a duty to develop and publish a bereavement policy.

(2) A policy developed under this section must include—

(a) a process for supporting a pupil or staff member facing or following bereavement;

(b) details of how the school will incorporate opportunities to learn about death and bereavement as part of life in its taught curriculum;

(c) details of partnership arrangements with child bereavement services; and

(d) arrangements for staff training.

(3) In developing a policy under this section, the governing body of the school must consult with bereaved pupils and their parents or carers.

(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 this section.

(5) For the purposes of this section, “relevant school” means—

(a) an academy school,

(b) an alternative provision Academy,

(c) a maintained school,

(d) a non-maintained special school,

(e) an independent school, or

(f) a pupil referral unit.”

This new clause would require schools to develop and publish a bereavement policy.

[Ian Sollom]

It is a pleasure to serve under your chairmanship, Sir Christopher. I am moving this new clause on behalf of my hon. Friend the Member for Edinburgh West (Christine Jardine). According to the Childhood Bereavement Network, around one in 29 school-aged children—about one per classroom—has been bereaved of a parent or sibling. Many more will lose grandparents, and sadly some will have lost their friends. Each year, data is collected on the number of adults bereaved of their husband, wife or child, and until recently data was collected on the number of children affected by the divorce of their parents. However, no similar data is collected on the number who face the devastating loss of their mum or dad or someone else really important in their life.

All that means that when a child is bereaved, there is no obvious way of letting them know what support is available to them, despite a diverse range of services offered by organisations across the country, including Winston’s Wish, Child Bereavement UK and the Childhood Bereavement Network, which all offer online and group sessions with trained professionals and peer-to-peer services for young people to share their experience with each other. Those services are really important in engaging those young people going through quite a diverse range of circumstances, many of which will need quite bespoke support, whether that is specifically around children with disabilities or additional needs, children who might be in a rural community where they are more isolated, or simply the difference between losing someone suddenly versus through a long-term illness.

We know that schools do very good work in supporting vulnerable young people through bereavement, but it is not consistent in every school. Many young people will need help at times when school is not available, such as in the holidays and in the evenings, and they may just feel embarrassed about asking people at school. New clause 9 would finally put in a simple protocol to ensure that every child who is bereaved knows that support is out there if they would like to access it. This is a relatively low-cost, low-effort task that would help those charities to connect with grieving families and young people and provide that support to children to help them to process those difficult, traumatic experiences and, in turn, try to prevent the long-term negative impacts that can arise from bereavement.

[Ellie Chowns]

I rise to speak to new clause 52 on bereavement policy in schools, which is closely related to new clause 9.

The hon. Member for St Neots and Mid Cambridgeshire has already alluded to the fact that no official data is collected on the number of children and young people who are bereaved of someone important in their lives. In the absence of annual statistics, the Childhood Bereavement Network has estimated that over 46,000 children and young people are bereaved of a parent each year in the UK. That is a huge number—around 127 each day. Data from representative samples suggest that about one in 29 children and young people in school today—roughly one per classroom—has been bereaved of a parent or sibling at some point in their childhood. Some 70% of primary schools have at least one recently bereaved pupil on roll. That means that all schools are likely to be touched by bereavement, and those ripples of grief can be felt across the whole school community.

When somebody in the family is terminally ill or has died, just getting to school, concentrating, getting on with peers and managing emotions can be hugely challenging, and can have major consequences for attendance and achievement in the long term. Parentally bereaved young people’s GCSE scores are an average of half a grade lower than their non-bereaved peers; in one study, girls bereaved of a sibling scored almost a full grade below their matched controls. Bereavement also has long-term effects further in life. The death of a parent by age 16 is associated with women failing to gain any sort of qualification, and both men and women being unemployed at the age of 30.

Schools clearly have a huge role to play in supporting children facing such tragic circumstances. Two years ago, the independent UK Commission on Bereavement surveyed children, young people and adults about their experiences of bereavement. It found some examples of fantastic practice and support in schools, but it was far from universal. Just under half of the bereaved children, young people and adults who shared their experiences said that they got little or no support from their education setting after their bereavement. That is such a tragic missed opportunity.

Many children and young people shared the loneliness, isolation, and lack of acknowledgment and support that they had faced. For example, a young teenager said:

“I knew my teachers all knew, but no-one spoke to me about the fact they knew, so it felt like an unspoken secret.”

A primary-aged child said:

“I felt like I was the only one whose daddy had died.”

Another teenager said:

“Everyone sees it as me just misbehaving. Maybe if teachers and any other adults involved were trained to see the signs I wouldn’t of been left for the last 18 months with no support.”

These young people are crying out for support from their schools and from us.

To address the challenges, the commission recommended that all education establishments should be required to have a bereavement policy, including staff training and a process for supporting bereaved children and their families. In line with wider evidence from parents, teachers, and children and young people themselves supporting the inclusion of grief education in the curriculum, the commission also recommended that students should have opportunities to learn about coping with grief as a life skill.

New clause 52 would directly address the inconsistencies in support that grieving children and young people face, and it would help schools to get on the front foot. At the moment, they often reach out for support in crisis mode when a pupil is facing bereavement or has been recently bereaved. They make contact with local child bereavement services, scrambling for guidance on how to respond, how to tell the rest of the school community, and how to make a plan to support grieving pupils coming back to school. All too often, they wish they had done that work in advance of the crisis. The new clause would help schools to be wise before the event, to respond calmly and consistently, and to help children and young people stay on course as they navigate this most challenging of events in their life.

I have tabled this as a probing amendment; I am interested to hear the Minister’s response. I hope that the Government will consider taking this opportunity to write into legislation the requirement for schools to provide support, consistently across the country, to the children and young people who desperately need it, to ensure that bereavement is addressed by every school to improve the life chances of children facing these most difficult circumstances.

[The Minister for School Standards (Catherine McKinnell)]

I thank the hon. Members for St Neots and Mid Cambridgeshire and for North Herefordshire for raising those important issues. Bereavement touches the lives of everyone, and it has a unique impact on each person. It is particularly important that children and young people who lose someone close to them are able to access support when they need it.

New clause 9 seeks to improve access to bereavement support services for children. It seeks to establish a duty to make regulations to establish a protocol to provide information on those services. The Government continue to consider how to improve access to existing support. The cross-Government bereavement group, chaired by the Department of Health and Social Care and attended by representatives from the Department for Education, the Department for Work and Pensions and the Home Office, continues to look at how we can improve access to support and options to improve data collection. There are many fantastic charities and community groups—the Childhood Bereavement Network, Hope Again, the Anna Freud centre and the Ruth Strauss Foundation, to name just four—that provide vital support, and schools and other public bodies perform vital roles in supporting bereaved children and families. A legislative solution would therefore not be the most appropriate way to ensure bereaved children and young people access the support they need.

On new clause 52 and the matter of requiring schools to publish a bereavement policy, including the approach to grief education, we know that teachers and other school staff do an excellent job in understanding the specific needs of their pupils and identifying what support is needed for a range of life experiences, including bereavement. To support them in that, the Department for Education provides a list of resources for schools on supporting pupils’ mental health and wellbeing. That includes resources from charities and organisations, including those I just mentioned, and resources hosted on the Mentally Healthy Schools site for mental health needs, which includes supporting children dealing with loss and bereavement.

On the curriculum, following the consultation that ended in July last year, we are currently reviewing the relationships, sex and health education statutory guidance, which sets out the content of what children and young people are taught about these subjects. It is also clear in the current RSHE statutory guidance that teachers should be aware of common adverse childhood experiences, including bereavement. We want to ensure that children’s wellbeing is at the heart of the guidance, and we are looking carefully at the consultation responses, considering the relevant evidence and talking to stakeholders before setting out next steps to take the RSHE guidance forward. It would not be appropriate to pre-empt our response to the consultation, nor the publication of the RSHE curriculum guidance. I hope the hon. Member for North Herefordshire is reassured that we will consider that as part of our work on RSHE. We will continue to provide support from the Department and right across Government to help schools support children and young people who experience bereavement and other significant adverse experiences in their childhood.

[Ian Sollom]

I beg to ask leave to withdraw the clause.

Clause, by leave, withdrawn.

New Clause 11

Benefits of outdoor education to children’s wellbeing

“(1) The Secretary of State must, within six months of the passing of this Act, conduct a review on the benefits of outdoor education to children's wellbeing.

(2) A report on the review must be published within six months of the conclusion of the review.”—(Ian Sollom.)

Brought up, and read the First time.

[Ian Sollom]

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

[The Chair]

With this it will be convenient to discuss new clause 12—Provision of residential outdoor education for children in kinship care—

“(1) A local authority must take such steps as are reasonably practicable to ensure that children living in kinship care receive at least one residential outdoor education experience.

(2) For the purposes of this section, children living in kinship care has the meaning provided for by section 22I of the Children Act 1989 (as amended by this Act).”

[Ian Sollom]

I am moving the new clauses on behalf of my hon. Friend the Member for Westmorland and Lonsdale (Tim Farron). Many hon. Members will know that he has long been a champion of the benefits of outdoor education. Academic research has shown that greater exposure to natural environments improves learning behaviour and emotional health. Studies have found measurable academic and wellbeing benefits from nature-specific outdoor learning. Even a single outdoor educational experience reduces anxiety, builds resilience and improves focus in the long term, especially for children with attention deficit hyperactivity disorder or anxiety disorders.

We know that children’s wellbeing is suffering. Children are experiencing rising mental health concerns, reduced physical activity and limited access to nature, so there is a real need to support their wellbeing. Outdoor education is proven to improve physical, emotional and social health.

New clause 11 would require the Government to review the impact of outdoor education on children’s wellbeing, with the aim of providing a foundation to embed outdoor education into the curriculum. New clause 12 considers children in kinship care, or those with kinship care experience, and would give them at least one residential outdoor education opportunity and ensure that they are not left behind in accessing those benefits. We would like to hear from the Government about these new clauses.

[Catherine McKinnell]

I thank the hon. Member for Westmorland and Lonsdale (Tim Farron) for his campaign to promote the positive effects of outdoor learning on young people. He clearly has the advantage of living in and representing one of the most beautiful parts of the world.

We believe that all children and young people should have the opportunity to learn about and connect with nature. Access to green space has been shown to have positive impacts on the physical, mental and emotional wellbeing of young people. The national education nature park provides opportunities for children and young people to benefit from spending time in nature, as well as to take positive climate action and to drive solutions to address the growing concerns about climate change and biodiversity loss. The nature park is a key initiative of the Department for Education’s sustainability and climate change strategy, which was launched in 2022.

In the light of progress in the past three years, we are now beginning a process of refreshing and updating the strategic vision for sustainability in the education sector. We are also working with the University of Oxford on research intended to assess the evidence of the impact of nature-based programmes, delivered through schools, on the mental health and wellbeing of children and young people. Once those results are published, I will be happy to share them with the hon. Member for St Neots and Mid Cambridgeshire.

The Government are committed to improving mental health support for all children and young people, and to giving them access to a variety of enrichment opportunities at school. Those are both important parts of our mission to break down barriers to opportunity, helping pupils to achieve and thrive in education.

There is no statutory requirement to offer extracurricular activities, but the majority of schools do because those activities complement a rich and broad curriculum. Schools include a wide range of activities, such as enabling students to take part in the Duke of Edinburgh’s award scheme, supporting them to access local youth services, and building in trips to outdoor education settings. It is right that schools should be free to decide what activities to offer their pupils so as to best support their development, to help them work with others as part of a team, and to support positive wellbeing.

The Department for Culture, Media and Sport’s adventures away from home fund provides bursaries for disadvantaged or vulnerable young people to participate in day trips and residentials to outdoor spaces. There are bursaries available for young people aged 11 to 18—or up to 25 for those with special educational needs and disabilities—who face significant barriers to participation and are under-represented in the sector. We are also extending local authority statutory duties to include promoting the educational achievement of all children living in kinship care, within the meaning of the proposed new section 22I(1) of the Children Act 1989, which will be inserted by the Bill. We will also extend virtual school heads’ duty to provide information and advice to include all children living with a special guardian or a child arrangement order, where the child is living with a kinship carer, within the meaning of proposed new section 22I(6).

On that basis, I ask the hon. Member for St Neots and Mid Cambridgeshire to withdraw new clause 11 and not to press new clause 12 to a vote.

[Ian Sollom]

I beg to ask leave to withdraw the clause.

Clause, by leave, withdrawn.

New Clause 13

Foster carers’ delegated authority for children in their care

“(1) Where a child (‘C’) who is looked after by the local authority is placed with a foster parent (‘F’) by a local authority, F may make decisions on C’s behalf in relation to the matters set out in subsection (2) where C’s placement plan does not specify an alternative decision maker.

(2) The matters referred to in subsection (1) are—

(a) medical and dental treatment,

(b) education,

(c) leisure and home life,

(d) faith and religious observance,

(e) use of social media,

(f) personal care, and

(g) any other matters which F considers appropriate.” —(Ellie Chowns.)

This new clause would enable foster carers to make day-to-day decisions on behalf of the children and young people they foster.

Brought up, and read the First time.

[Ellie Chowns]

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

I am pleased to speak to new clause 13, which proposes that the Bill should provide a default delegated authority for foster carers to make day-to-day decisions for the children and young people in their care, which I think is quite straightforward.

Foster carers should have delegated authority to make these everyday decisions for children in their care—for example, about day-to-day activities such as school trips, holidays and sleepovers; about important appointments for their health and wellbeing or medical appointments; or indeed about haircuts, which is an issue that has been raised regularly by young people in care and their foster carers.

The guidance around delegated authority has not been strengthened since 2013. As a result, practice varies across fostering services, and foster carers are often unclear about which decisions they can take and which decisions they have to get permission for from elsewhere. Many foster carers report experiencing a lack of communication, clarity and information from social workers, with unnecessary paperwork and box ticking, and complicated processes.

In the Fostering Network’s 2024 state of the nations survey, less than a third of foster carers said children’s social workers are always clear about which decisions they have the authority to make in relation to the children they foster. That lack of clarity is clearly a huge issue for a large majority of foster carers. Only half of foster carers said that social workers are able to respond to requests for decisions in a timely manner; we all know social workers are under huge pressure. Foster carers reported that the most difficult decisions to make were around social opportunities, followed by healthcare, relationships and childhood experiences.

This new clause would set out in legislation that foster carers have default delegated authority on key everyday decisions where the child’s placement plan does not specify an alternative decision maker—and the placement plan can always specify that alternative. That default delegated authority would include decisions in day-to-day parenting, such as healthcare and leisure activities, and it would exclude routine but longer-term decisions such as school choice and significant events, such as surgery. It would provide more clarity, speed up decision making within foster families and for social workers, and provide foster carers with the confidence and autonomy that they need to make day-to-day decisions for the children who are in their care.

I urge the Government to take on board these points, and the content of this new clause, to make it easier for foster carers to make those decisions for children who, after all, they know best as they are caring for them. The new clause would ensure that children and young people do not miss out on the opportunities that they need to live a happy and healthy childhood.

Children's Wellbeing and Schools Bill (Fourteenth sitting)

Ian Sollom Excerpts

Committee stage
Tuesday 11th February 2025 Public Bill Committees

Brought up, and read the First time.

[Ian Sollom (St Neots and Mid Cambridgeshire) (LD)]

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

It is a pleasure to serve under your chairmanship, Mr Betts. Home education is a choice taken by parents for a number of different reasons, as we have previously heard when debating this Bill. However, just because a parent chooses to educate their child at home and not take up a local authority school place, it should not mean that their child cannot access the examination system. At present, access to examinations for home-educated children is extremely limited, as there are only commercial providers in that space, which means that it becomes very expensive for parents. Examination space is often limited, especially for those with SEND. This new clause would ensure that all children can access and sit national examinations in order to prepare for life in further education and the world of work.

In the interests of time, I will keep my remarks brief. I look forward to hearing from the Minister.

[Stephen Morgan]

The new clause, tabled by the hon. Member for Twickenham, seeks to create a duty for local authorities to make provision for children who are eligible to be included on the children not in school registers to sit any relevant national examination should a parent request that, and

“to provide financial assistance to enable the child to sit”

such examinations. Electing to home educate is not an easy decision, and home educating children is a massive undertaking. I applaud those parents who work tremendously hard to do so. However, parents who choose to home educate assume full responsibility for the education of their child, and our guidance is clear on that.

The choice to home educate should be an informed one, with full awareness of potential challenges and the associated costs. That includes considering and planning in advance how to access examinations and qualifications for the child, including making inquiries with local centres as early as possible. To assist with that, the Joint Council for Qualifications publishes a list of centres that are available to private candidates to take their examinations. Parents can also contact exam boards, which may be able to direct them to a centre where their child can sit exams.

The Bill introduces a duty on all English local authorities to provide support in the form of advice and information to all eligible families who request it. For the first time that creates an established baseline of support to ensure that wherever home educating families live, they have access to a reliable level of support from their local authority. Within that duty, I expect local authorities, when requested, to provide advice and information to private candidates about how to access and navigate the examination system.

Local authorities retain discretion to provide further support above that baseline to families in their local area if they choose to do so. Some may choose to contribute towards the cost of examinations for families in their area. That is a decision for each local authority, depending on its budgetary position and local need. I therefore ask the hon. Member for St Neots and Mid Cambridgeshire to withdraw the new clause.

[Ian Sollom]

I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 38

Consultation on the structures of governance for local authority and academy schools

“(1) The Secretary of State must conduct a public consultation on the current structures of governance within both local authority and academy schools.

(2) The consultation conducted under subsection (1) must consider—

(a) the role of school governors;

(b) the statutory duties of school governors;

(c) ways to encourage people to become school governors; and

(d) any other matters that the Secretary of State may see fit.

(3) The Secretary of State must issue the consultation conducted under subsection (1) within one year of the commencement of this Act.

(4) The Secretary of State must, within three months of the consultation closing, publish and lay before Parliament his response to the consultation.” —(Ian Sollom.)

This new clause instigates a review of school governance in light of the severe shortage of school governors and the increasing responsibilities that volunteer governors are taking on.

Brought up, and read the First time.

[Ian Sollom]

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

I move this new clause on behalf of my hon. Friend the Member for Hazel Grove (Lisa Smart), who is herself a school governor, to highlight the severe shortage of school governors and the increasing responsibilities they face. The recruitment of governors has become increasingly difficult. Indeed, the National Governance Association estimates that in 2022 vacancies hit a six-year high at 20,000. Its latest report last year revealed that 76% of schools found it difficult to recruit governors, while 44% of boards had two or more vacancies, up from 33% three years ago. Moreover, 30% of governors considered resigning because of an inability to balance their governance responsibilities with their jobs.

Evidence shows that the responsibilities of school governors have significantly increased over time, and Ofsted said that since schools’ autonomy increased, starting with the Education and Inspections Act 2006, the role has become more important but also more complex. Historically, school governors provided formal oversight, but they are now also expected to ensure regular performance reviews and financial oversight, and to hold school leadership accountable. The position has become increasingly professionalised, and Ofsted has identified that growth in responsibility as a key factor in many schools struggling to achieve a good or higher rating. That is largely because governors fail to focus on holding school leadership accountable, and have that split responsibility with other aspects of the role. The new clause seeks to probe that issue more, and I look forward to the Minister’s response.

[Catherine McKinnell]

I am grateful for the opportunity to discuss governance structures in schools and academies. I sincerely thank the incredible volunteer force, which is a vital part of our system. I have such admiration for those in our communities who step up and invest their precious time and energy in our schools and young people. Governors and trustees work tirelessly in the interests of pupils and students in what we recognise is an often challenging environment. We really do owe them a debt of thanks.

--- Later in debate ---

Existing legislation and guidance already enable flexibility in relation to governance structures’ size and constitution, and we encourage governing boards to take advantage of the flexibilities they already have when designing their governance structures and assessing their individual needs. We continue to keep the legal requirements and guidance on governance under review, and we will make changes that improve the system. I hope I have reassured the hon. Member for St Neots and Mid Cambridgeshire that we are already working with the sector to address these challenges, and that he will accordingly withdraw the new clause.

[Ian Sollom]

I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 39

Establishment of Child Protection Authority

“(1) The Secretary of State must, within six months of the passing of this Act, establish a Child Protection Authority for England.

(2) The purpose of such an Authority will be to—

(a) improve practice in child protection;

(b) provide advice and make recommendations to the Government on child protection policy and reforms to improve child protection;

(c) inspect institutions and settings at some times and in such ways as it considers necessary and appropriate to ensure compliance with child protection standards; and

(d) monitor the implementation of the recommendations of the Independent Inquiry into Child Sexual Abuse and other inquiries relating to the protection of children.

(3) The Authority must act with a view to—

(a) safeguarding and promoting the welfare of children;

(b) ensuring that institutions and settings fulfil their responsibilities in relation to child protection.”—(Munira Wilson.)

This new clause would seek to fulfil the second recommendation of the Independent Inquiry into Child Sexual Abuse in establishing a Child Protection Authority for England.

Brought up, and read the First time.

[Munira Wilson]

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

I rise to speak to new clause 39, in my name and those of a number of my hon. Friends, which seeks to fulfil the second recommendation of the independent inquiry into child sexual abuse by establishing a child protection authority in England, which would be an arm’s length body of the Government on a par with organisations such as the National Crime Agency. As the inquiry set out, its role would be to

“improve practice in child protection by institutions, including statutory agencies;…provide advice to government in relation to policy and reform to improve child protection, including through the publication of regular reports to Parliament and making recommendations; and…inspect institutions as it considers necessary.”

I recently met Professor Jay and a member of the panel who was involved in that review, and they felt that there are certain gaps in the inspection regime across the country, so having this overarching national body with a focus on child protection is a really important recommendation and step forward. Indeed, it was the report’s second recommendation. The child protection authority would monitor the implementation of the inquiry’s recommendations.

I am very grateful that the Government have already committed to implementing the recommendations, but I gently say to Ministers that this Bill, which we have spent several weeks going through in detail, already focuses on a number of safeguards and child protection measures. One of the many reasons that the previous Government gave for not implementing some of the recommendations was a lack of legislative time, which I struggle to understand given the number of times the House rose early in the previous Parliament. Given that the IICSA recommendation requires legislation and we are considering a very relevant Bill, I am not entirely sure that the Government are committed to implementing it as they are not legislating for a child protection authority.

When we discussed new clause 15 this morning, the hon. Member for Southampton Itchen said that many of the crimes explored in the report are undoubtedly ongoing. Therefore, what could be more important than putting these provisions in place? I very much hope Ministers will seriously consider implementing this recommendation quickly and using the legislative opportunity. Even if they will not accept my new clause, there is time as the Bill progresses through Parliament to put into legislation one of Professor Jay’s key recommendations.

Children's Wellbeing and Schools Bill (Thirteenth sitting)

Ian Sollom Excerpts

Committee stage
Tuesday 11th February 2025 Public Bill Committees

[Ellie Chowns]

I beg to ask leave to withdraw the clause.

Clause, by leave, withdrawn.

New Clause 9

Requirement to provide information about bereavement services

“(1) The Secretary of State must by regulations establish a protocol for the collection and dissemination of information relating to bereavement support services for children and young people.

(2) A protocol made under subsection (1) must—

(a) define the bereavement support services to which the protocol applies, which must include services provided by—

(i) local authorities;

(ii) NHS bodies; and

(iii) charities and other third sector organisations;

(b) place a duty on the Secretary of State to publish information, including online, about services to which the protocol applies;

(c) place a duty on specified public bodies and other persons to provide information to children and young people about services to which the protocol applies, including—

(i) specialist services for children and young people;

(ii) services provided online; and

(iii) accessible services for deaf and disabled children and young people;

(d) where a duty under paragraph (c) applies, require the identification of children or young people who may require a service to which the protocol applies.

(3) The Secretary of State must make regulations under this section by statutory instrument.

(4) A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before and approved by resolution of each House of Parliament.

(5) The Secretary of State must lay before Parliament a draft statutory instrument containing regulations under this section within 12 months of the passing of this Act.”—(Ian Sollom.)

This new clause would place a duty on the Secretary of State to establish a protocol for the collection and dissemination of information about bereavement support services to children and young people.

Brought up, and read the First time.

[Ian Sollom (St Neots and Mid Cambridgeshire) (LD)]

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

[The Chair]

With this it will be convenient to discuss new clause 52— Bereavement policy in schools—

“(1) The governing body of a relevant school in England has a duty to develop and publish a bereavement policy.

(2) A policy developed under this section must include—

(a) a process for supporting a pupil or staff member facing or following bereavement;

(b) details of how the school will incorporate opportunities to learn about death and bereavement as part of life in its taught curriculum;

(c) details of partnership arrangements with child bereavement services; and

(d) arrangements for staff training.

(3) In developing a policy under this section, the governing body of the school must consult with bereaved pupils and their parents or carers.

(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 this section.

(5) For the purposes of this section, “relevant school” means—

(a) an academy school,

(b) an alternative provision Academy,

(c) a maintained school,

(d) a non-maintained special school,

(e) an independent school, or

(f) a pupil referral unit.”

This new clause would require schools to develop and publish a bereavement policy.

[Ian Sollom]

It is a pleasure to serve under your chairmanship, Sir Christopher. I am moving this new clause on behalf of my hon. Friend the Member for Edinburgh West (Christine Jardine). According to the Childhood Bereavement Network, around one in 29 school-aged children—about one per classroom—has been bereaved of a parent or sibling. Many more will lose grandparents, and sadly some will have lost their friends. Each year, data is collected on the number of adults bereaved of their husband, wife or child, and until recently data was collected on the number of children affected by the divorce of their parents. However, no similar data is collected on the number who face the devastating loss of their mum or dad or someone else really important in their life.

All that means that when a child is bereaved, there is no obvious way of letting them know what support is available to them, despite a diverse range of services offered by organisations across the country, including Winston’s Wish, Child Bereavement UK and the Childhood Bereavement Network, which all offer online and group sessions with trained professionals and peer-to-peer services for young people to share their experience with each other. Those services are really important in engaging those young people going through quite a diverse range of circumstances, many of which will need quite bespoke support, whether that is specifically around children with disabilities or additional needs, children who might be in a rural community where they are more isolated, or simply the difference between losing someone suddenly versus through a long-term illness.

We know that schools do very good work in supporting vulnerable young people through bereavement, but it is not consistent in every school. Many young people will need help at times when school is not available, such as in the holidays and in the evenings, and they may just feel embarrassed about asking people at school. New clause 9 would finally put in a simple protocol to ensure that every child who is bereaved knows that support is out there if they would like to access it. This is a relatively low-cost, low-effort task that would help those charities to connect with grieving families and young people and provide that support to children to help them to process those difficult, traumatic experiences and, in turn, try to prevent the long-term negative impacts that can arise from bereavement.

[Ellie Chowns]

I rise to speak to new clause 52 on bereavement policy in schools, which is closely related to new clause 9.

The hon. Member for St Neots and Mid Cambridgeshire has already alluded to the fact that no official data is collected on the number of children and young people who are bereaved of someone important in their lives. In the absence of annual statistics, the Childhood Bereavement Network has estimated that over 46,000 children and young people are bereaved of a parent each year in the UK. That is a huge number—around 127 each day. Data from representative samples suggest that about one in 29 children and young people in school today—roughly one per classroom—has been bereaved of a parent or sibling at some point in their childhood. Some 70% of primary schools have at least one recently bereaved pupil on roll. That means that all schools are likely to be touched by bereavement, and those ripples of grief can be felt across the whole school community.

When somebody in the family is terminally ill or has died, just getting to school, concentrating, getting on with peers and managing emotions can be hugely challenging, and can have major consequences for attendance and achievement in the long term. Parentally bereaved young people’s GCSE scores are an average of half a grade lower than their non-bereaved peers; in one study, girls bereaved of a sibling scored almost a full grade below their matched controls. Bereavement also has long-term effects further in life. The death of a parent by age 16 is associated with women failing to gain any sort of qualification, and both men and women being unemployed at the age of 30.

Schools clearly have a huge role to play in supporting children facing such tragic circumstances. Two years ago, the independent UK Commission on Bereavement surveyed children, young people and adults about their experiences of bereavement. It found some examples of fantastic practice and support in schools, but it was far from universal. Just under half of the bereaved children, young people and adults who shared their experiences said that they got little or no support from their education setting after their bereavement. That is such a tragic missed opportunity.

Many children and young people shared the loneliness, isolation, and lack of acknowledgment and support that they had faced. For example, a young teenager said:

“I knew my teachers all knew, but no-one spoke to me about the fact they knew, so it felt like an unspoken secret.”

A primary-aged child said:

“I felt like I was the only one whose daddy had died.”

Another teenager said:

“Everyone sees it as me just misbehaving. Maybe if teachers and any other adults involved were trained to see the signs I wouldn’t of been left for the last 18 months with no support.”

These young people are crying out for support from their schools and from us.

To address the challenges, the commission recommended that all education establishments should be required to have a bereavement policy, including staff training and a process for supporting bereaved children and their families. In line with wider evidence from parents, teachers, and children and young people themselves supporting the inclusion of grief education in the curriculum, the commission also recommended that students should have opportunities to learn about coping with grief as a life skill.

New clause 52 would directly address the inconsistencies in support that grieving children and young people face, and it would help schools to get on the front foot. At the moment, they often reach out for support in crisis mode when a pupil is facing bereavement or has been recently bereaved. They make contact with local child bereavement services, scrambling for guidance on how to respond, how to tell the rest of the school community, and how to make a plan to support grieving pupils coming back to school. All too often, they wish they had done that work in advance of the crisis. The new clause would help schools to be wise before the event, to respond calmly and consistently, and to help children and young people stay on course as they navigate this most challenging of events in their life.

I have tabled this as a probing amendment; I am interested to hear the Minister’s response. I hope that the Government will consider taking this opportunity to write into legislation the requirement for schools to provide support, consistently across the country, to the children and young people who desperately need it, to ensure that bereavement is addressed by every school to improve the life chances of children facing these most difficult circumstances.

[The Minister for School Standards (Catherine McKinnell)]

I thank the hon. Members for St Neots and Mid Cambridgeshire and for North Herefordshire for raising those important issues. Bereavement touches the lives of everyone, and it has a unique impact on each person. It is particularly important that children and young people who lose someone close to them are able to access support when they need it.

New clause 9 seeks to improve access to bereavement support services for children. It seeks to establish a duty to make regulations to establish a protocol to provide information on those services. The Government continue to consider how to improve access to existing support. The cross-Government bereavement group, chaired by the Department of Health and Social Care and attended by representatives from the Department for Education, the Department for Work and Pensions and the Home Office, continues to look at how we can improve access to support and options to improve data collection. There are many fantastic charities and community groups—the Childhood Bereavement Network, Hope Again, the Anna Freud centre and the Ruth Strauss Foundation, to name just four—that provide vital support, and schools and other public bodies perform vital roles in supporting bereaved children and families. A legislative solution would therefore not be the most appropriate way to ensure bereaved children and young people access the support they need.

On new clause 52 and the matter of requiring schools to publish a bereavement policy, including the approach to grief education, we know that teachers and other school staff do an excellent job in understanding the specific needs of their pupils and identifying what support is needed for a range of life experiences, including bereavement. To support them in that, the Department for Education provides a list of resources for schools on supporting pupils’ mental health and wellbeing. That includes resources from charities and organisations, including those I just mentioned, and resources hosted on the Mentally Healthy Schools site for mental health needs, which includes supporting children dealing with loss and bereavement.

On the curriculum, following the consultation that ended in July last year, we are currently reviewing the relationships, sex and health education statutory guidance, which sets out the content of what children and young people are taught about these subjects. It is also clear in the current RSHE statutory guidance that teachers should be aware of common adverse childhood experiences, including bereavement. We want to ensure that children’s wellbeing is at the heart of the guidance, and we are looking carefully at the consultation responses, considering the relevant evidence and talking to stakeholders before setting out next steps to take the RSHE guidance forward. It would not be appropriate to pre-empt our response to the consultation, nor the publication of the RSHE curriculum guidance. I hope the hon. Member for North Herefordshire is reassured that we will consider that as part of our work on RSHE. We will continue to provide support from the Department and right across Government to help schools support children and young people who experience bereavement and other significant adverse experiences in their childhood.

[Ian Sollom]

I beg to ask leave to withdraw the clause.

Clause, by leave, withdrawn.

New Clause 11

Benefits of outdoor education to children’s wellbeing

“(1) The Secretary of State must, within six months of the passing of this Act, conduct a review on the benefits of outdoor education to children's wellbeing.

(2) A report on the review must be published within six months of the conclusion of the review.”—(Ian Sollom.)

Brought up, and read the First time.

[Ian Sollom]

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

[The Chair]

With this it will be convenient to discuss new clause 12—Provision of residential outdoor education for children in kinship care—

“(1) A local authority must take such steps as are reasonably practicable to ensure that children living in kinship care receive at least one residential outdoor education experience.

(2) For the purposes of this section, children living in kinship care has the meaning provided for by section 22I of the Children Act 1989 (as amended by this Act).”

[Ian Sollom]

I am moving the new clauses on behalf of my hon. Friend the Member for Westmorland and Lonsdale (Tim Farron). Many hon. Members will know that he has long been a champion of the benefits of outdoor education. Academic research has shown that greater exposure to natural environments improves learning behaviour and emotional health. Studies have found measurable academic and wellbeing benefits from nature-specific outdoor learning. Even a single outdoor educational experience reduces anxiety, builds resilience and improves focus in the long term, especially for children with attention deficit hyperactivity disorder or anxiety disorders.

We know that children’s wellbeing is suffering. Children are experiencing rising mental health concerns, reduced physical activity and limited access to nature, so there is a real need to support their wellbeing. Outdoor education is proven to improve physical, emotional and social health.

New clause 11 would require the Government to review the impact of outdoor education on children’s wellbeing, with the aim of providing a foundation to embed outdoor education into the curriculum. New clause 12 considers children in kinship care, or those with kinship care experience, and would give them at least one residential outdoor education opportunity and ensure that they are not left behind in accessing those benefits. We would like to hear from the Government about these new clauses.

[Catherine McKinnell]

I thank the hon. Member for Westmorland and Lonsdale (Tim Farron) for his campaign to promote the positive effects of outdoor learning on young people. He clearly has the advantage of living in and representing one of the most beautiful parts of the world.

We believe that all children and young people should have the opportunity to learn about and connect with nature. Access to green space has been shown to have positive impacts on the physical, mental and emotional wellbeing of young people. The national education nature park provides opportunities for children and young people to benefit from spending time in nature, as well as to take positive climate action and to drive solutions to address the growing concerns about climate change and biodiversity loss. The nature park is a key initiative of the Department for Education’s sustainability and climate change strategy, which was launched in 2022.

In the light of progress in the past three years, we are now beginning a process of refreshing and updating the strategic vision for sustainability in the education sector. We are also working with the University of Oxford on research intended to assess the evidence of the impact of nature-based programmes, delivered through schools, on the mental health and wellbeing of children and young people. Once those results are published, I will be happy to share them with the hon. Member for St Neots and Mid Cambridgeshire.

The Government are committed to improving mental health support for all children and young people, and to giving them access to a variety of enrichment opportunities at school. Those are both important parts of our mission to break down barriers to opportunity, helping pupils to achieve and thrive in education.

There is no statutory requirement to offer extracurricular activities, but the majority of schools do because those activities complement a rich and broad curriculum. Schools include a wide range of activities, such as enabling students to take part in the Duke of Edinburgh’s award scheme, supporting them to access local youth services, and building in trips to outdoor education settings. It is right that schools should be free to decide what activities to offer their pupils so as to best support their development, to help them work with others as part of a team, and to support positive wellbeing.

The Department for Culture, Media and Sport’s adventures away from home fund provides bursaries for disadvantaged or vulnerable young people to participate in day trips and residentials to outdoor spaces. There are bursaries available for young people aged 11 to 18—or up to 25 for those with special educational needs and disabilities—who face significant barriers to participation and are under-represented in the sector. We are also extending local authority statutory duties to include promoting the educational achievement of all children living in kinship care, within the meaning of the proposed new section 22I(1) of the Children Act 1989, which will be inserted by the Bill. We will also extend virtual school heads’ duty to provide information and advice to include all children living with a special guardian or a child arrangement order, where the child is living with a kinship carer, within the meaning of proposed new section 22I(6).

On that basis, I ask the hon. Member for St Neots and Mid Cambridgeshire to withdraw new clause 11 and not to press new clause 12 to a vote.

[Ian Sollom]

I beg to ask leave to withdraw the clause.

Clause, by leave, withdrawn.

New Clause 13

Foster carers’ delegated authority for children in their care

“(1) Where a child (‘C’) who is looked after by the local authority is placed with a foster parent (‘F’) by a local authority, F may make decisions on C’s behalf in relation to the matters set out in subsection (2) where C’s placement plan does not specify an alternative decision maker.

(2) The matters referred to in subsection (1) are—

(a) medical and dental treatment,

(b) education,

(c) leisure and home life,

(d) faith and religious observance,

(e) use of social media,

(f) personal care, and

(g) any other matters which F considers appropriate.” —(Ellie Chowns.)

This new clause would enable foster carers to make day-to-day decisions on behalf of the children and young people they foster.

Brought up, and read the First time.

[Ellie Chowns]

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

I am pleased to speak to new clause 13, which proposes that the Bill should provide a default delegated authority for foster carers to make day-to-day decisions for the children and young people in their care, which I think is quite straightforward.

Foster carers should have delegated authority to make these everyday decisions for children in their care—for example, about day-to-day activities such as school trips, holidays and sleepovers; about important appointments for their health and wellbeing or medical appointments; or indeed about haircuts, which is an issue that has been raised regularly by young people in care and their foster carers.

The guidance around delegated authority has not been strengthened since 2013. As a result, practice varies across fostering services, and foster carers are often unclear about which decisions they can take and which decisions they have to get permission for from elsewhere. Many foster carers report experiencing a lack of communication, clarity and information from social workers, with unnecessary paperwork and box ticking, and complicated processes.

In the Fostering Network’s 2024 state of the nations survey, less than a third of foster carers said children’s social workers are always clear about which decisions they have the authority to make in relation to the children they foster. That lack of clarity is clearly a huge issue for a large majority of foster carers. Only half of foster carers said that social workers are able to respond to requests for decisions in a timely manner; we all know social workers are under huge pressure. Foster carers reported that the most difficult decisions to make were around social opportunities, followed by healthcare, relationships and childhood experiences.

This new clause would set out in legislation that foster carers have default delegated authority on key everyday decisions where the child’s placement plan does not specify an alternative decision maker—and the placement plan can always specify that alternative. That default delegated authority would include decisions in day-to-day parenting, such as healthcare and leisure activities, and it would exclude routine but longer-term decisions such as school choice and significant events, such as surgery. It would provide more clarity, speed up decision making within foster families and for social workers, and provide foster carers with the confidence and autonomy that they need to make day-to-day decisions for the children who are in their care.

I urge the Government to take on board these points, and the content of this new clause, to make it easier for foster carers to make those decisions for children who, after all, they know best as they are caring for them. The new clause would ensure that children and young people do not miss out on the opportunities that they need to live a happy and healthy childhood.

Children's Wellbeing and Schools Bill (Twelfth sitting)

Ian Sollom Excerpts

Thursday 6th February 2025 Public Bill Committees

[Neil O'Brien]

It is a pleasure to serve under your chairmanship, Sir Christopher. I will begin by asking a question up front, so that the Minister has time to confer with officials if she needs to in order to reply.

We learned during the debate on clause 50 that, as well as existing schools, local authorities will be able to go to the schools adjudicator regarding school openings. Will a local authority be able to object to the published admissions number of a school in another local authority, or is it limited to schools within its own area? Possible answers are: yes, they will be able to object about another authority; no, they will not be able to; or, the Government have not decided yet. As drafted, the Bill does not tell us what the Government’s intent is.

I will now speak to our amendment 85 and clause 51. Local authorities can already establish local authority schools if there is really no one who wants to start a new school, although, as the Government’s notes to the Bill rightly say, the current legal framework for opening new schools is tilted heavily towards all new schools—mainstream, special, and so on—being academies. As we have discussed, clause 44 repeals the requirement to turn failing local authority schools into academies; clause 51 is effectively the other half of that shift away from academisation. It ends the rule that new schools must be academies and allows local authorities to choose to set up new local authority-run schools instead. Both changes will reduce the flow of new schools into the best performing trusts. For that reason, we think it is a mistake.

Ministers keep saying that they want greater consistency —that seems to be one of the guiding principles of the Bill—but in the long term the combination of clause 51 and clause 44 will leave us with two types of school. That will sustain the confusion that we talked about in previous debates, where the local authority is simultaneously the regulator and a provider in the market it is regulating. The schools system is currently a halfway house: more than 80% of secondary schools are now academies, but less than half of primaries are, so just over half of all state schools are academies, and most academies are now in a trust.

I understand why Ministers have moved to find a legislative slot, and I know that anti-academies campaigners and people who do not like academies will welcome the clause. My question is where this is taking us in terms of a structure for the system as a whole. The Minister will say, “We want the flexibility to set up local authority schools,” but the combination of clauses 44 and 51 means that, in the long term, we will continue to have two types of school, rather than continue the organic move of recent years toward a system that is clearly based on academies and trusts, and trusts as the drivers of overall performance. That became apparent during the Government’s announcement the other day of their consultation on the new intervention regime. Ministers are now talking about RISE—regional improvement for standards and excellence—as one of the drivers of school improvement, leading to lots of questions about where the balance is between RISE and trusts, and what happens where the advice of a RISE team contradicts a trust’s views about what should be done in the case of a school with problems.

We have rehearsed a lot of these issues before, but I am keen to get an answer from the Minister about whether, in the case of new school openings in a different local authority, another local authority would be able to send the question of that school’s PAN to the schools adjudicator under clause 50. I am also keen to get the Minister’s sense of the finality of the system. Are Ministers happy for us to have just local authority schools and academies in the long term, and do not think that that is a problem they need to address? Do they not have a vision for the final situation, or do they have some other vision that the Minister wants to set out?

[Ian Sollom (St Neots and Mid Cambridgeshire) (LD)]

It is a pleasure to serve under your chairmanship, Sir Christopher. Broadly, the Liberal Democrats welcome clause 51 and its counterpart, not least because we desperately need new special schools. The previous Government approved fewer than half of the 85 applications from councils to open SEND free schools in 2022. This is a real part of unblocking that, so we agree with the Government. We tabled amendment 48 because a potential loophole is created in the now well-established rules on faith-based selection. Those rules apply to academies and will continue to do so, but under clause 51 not all new schools will be academies. The amendment would bring all new schools into line with the current established principles of faith-based selection for academies. It is a very simple amendment. I think the error was made inadvertently during drafting, and hopefully the Government will support it.

[Lizzi Collinge (Morecambe and Lunesdale) (Lab)]

I rise to speak to clause 51, because there are some points I wish to raise about this part of the Bill allowing new schools to have 100% faith selection.

Clause 51 allows new schools to be opened without ideological restrictions on their type; they could be academies, community schools or voluntary aided schools, which in my view is extremely welcome; but it also creates the ability to open new 100% faith-selective schools, which worries me. The current 50% cap on faith selection for academies was introduced by the Labour Government in 2007, and further embedded into free schools in 2010 by the coalition Government. The Education Act 2011 mandated that all new schools must be free schools, extending the cap’s reach. That 50% limit was supported by all three main parties.

A scheme of local authority competitions similar to the one proposed in the clause operated from 2007 to 2012, in which we saw 100% faith-selective schools open. For example, Cambridgeshire county council ran a competition for a new school in which a 100% selective Church of England school won out over a proposal for a school with no religious character; the resultant school opened in 2017 and is still 100% faith selective. Another 100% religiously selective school was approved in the Peterborough council area. This has happened when the legislation has allowed for it.

We heard in the first evidence session that the Catholic Education Service would seek, in areas of oversubscription, to use 100% faith selection. We heard from the Church of England that nationally its policy is to stick to 50%, but its structure means that dioceses can put forward proposals for new schools, and they are not bound by that national policy. Members might be sitting here thinking, “So what? What is the problem with 100% faith-selective schools?” The problem is that 100% faith-selective schools are less socioeconomically diverse than might be expected for their catchment area, and less socioeconomically diverse than schools that are subject to the 50% cap. Compared with their 50% selective peers, 100% faith-selective schools are also less ethnically diverse than would be expected. Faith selective schools remain less inclusive across multiple factors. In my view, 100% faith selective admissions only exacerbate inequalities in the school system.

The Sutton Trust found that faith schools are less inclusive of disadvantaged children. The Office of the Schools Adjudicator found that faith-selective schools are less inclusive of children in care. The London School of Economics found that faith-selective schools are less inclusive of children with special educational needs and disabilities. Faith-selective admissions also disproportionately favour wealthier families, because they are socioeconomically more selective than other types of school. Compared with other schools, faith-selective schools admit fewer children eligible for free school meals than would be expected for their catchment area.

Many faith-selective schools operate a system of scoring for religious attendance and volunteering. In my view, this activity is simply easier for those with more economic or social capital—those who do not work weekends, nights or shifts, and who have a professional background where one is very happy and comfortable going into a new environment; perhaps one went to church as a child. At least since the 1950s, data shows that church attendance is higher among wealthier people. This religious activity is less easy to take part in for those who work shifts or weekends and those who do not have the cultural or social capital to enter confidently a situation that is new or perhaps culturally alien. I am focusing on church attendance because the religious majority in our country is Christian, even though actual religious belief is low.

Faith-selective schools encourage and embed educational inequalities, and that is why I am concerned about lifting the 50% faith-selection cap. I merely ask Ministers to consider this.

--- Later in debate ---

[Ian Sollom]

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

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

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

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

[Catherine McKinnell]

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

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

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

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

[Catherine McKinnell]

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

[Ian Sollom]

I beg to ask leave to withdraw the clause.

Clause, by leave, withdrawn. 

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

Children's Wellbeing and Schools Bill (Twelfth sitting)

Ian Sollom Excerpts

Committee stage
Thursday 6th February 2025 Public Bill Committees

[Neil O'Brien]

It is a pleasure to serve under your chairmanship, Sir Christopher. I will begin by asking a question up front, so that the Minister has time to confer with officials if she needs to in order to reply.

We learned during the debate on clause 50 that, as well as existing schools, local authorities will be able to go to the schools adjudicator regarding school openings. Will a local authority be able to object to the published admissions number of a school in another local authority, or is it limited to schools within its own area? Possible answers are: yes, they will be able to object about another authority; no, they will not be able to; or, the Government have not decided yet. As drafted, the Bill does not tell us what the Government’s intent is.

I will now speak to our amendment 85 and clause 51. Local authorities can already establish local authority schools if there is really no one who wants to start a new school, although, as the Government’s notes to the Bill rightly say, the current legal framework for opening new schools is tilted heavily towards all new schools—mainstream, special, and so on—being academies. As we have discussed, clause 44 repeals the requirement to turn failing local authority schools into academies; clause 51 is effectively the other half of that shift away from academisation. It ends the rule that new schools must be academies and allows local authorities to choose to set up new local authority-run schools instead. Both changes will reduce the flow of new schools into the best performing trusts. For that reason, we think it is a mistake.

Ministers keep saying that they want greater consistency —that seems to be one of the guiding principles of the Bill—but in the long term the combination of clause 51 and clause 44 will leave us with two types of school. That will sustain the confusion that we talked about in previous debates, where the local authority is simultaneously the regulator and a provider in the market it is regulating. The schools system is currently a halfway house: more than 80% of secondary schools are now academies, but less than half of primaries are, so just over half of all state schools are academies, and most academies are now in a trust.

I understand why Ministers have moved to find a legislative slot, and I know that anti-academies campaigners and people who do not like academies will welcome the clause. My question is where this is taking us in terms of a structure for the system as a whole. The Minister will say, “We want the flexibility to set up local authority schools,” but the combination of clauses 44 and 51 means that, in the long term, we will continue to have two types of school, rather than continue the organic move of recent years toward a system that is clearly based on academies and trusts, and trusts as the drivers of overall performance. That became apparent during the Government’s announcement the other day of their consultation on the new intervention regime. Ministers are now talking about RISE—regional improvement for standards and excellence—as one of the drivers of school improvement, leading to lots of questions about where the balance is between RISE and trusts, and what happens where the advice of a RISE team contradicts a trust’s views about what should be done in the case of a school with problems.

We have rehearsed a lot of these issues before, but I am keen to get an answer from the Minister about whether, in the case of new school openings in a different local authority, another local authority would be able to send the question of that school’s PAN to the schools adjudicator under clause 50. I am also keen to get the Minister’s sense of the finality of the system. Are Ministers happy for us to have just local authority schools and academies in the long term, and do not think that that is a problem they need to address? Do they not have a vision for the final situation, or do they have some other vision that the Minister wants to set out?

[Ian Sollom (St Neots and Mid Cambridgeshire) (LD)]

It is a pleasure to serve under your chairmanship, Sir Christopher. Broadly, the Liberal Democrats welcome clause 51 and its counterpart, not least because we desperately need new special schools. The previous Government approved fewer than half of the 85 applications from councils to open SEND free schools in 2022. This is a real part of unblocking that, so we agree with the Government. We tabled amendment 48 because a potential loophole is created in the now well-established rules on faith-based selection. Those rules apply to academies and will continue to do so, but under clause 51 not all new schools will be academies. The amendment would bring all new schools into line with the current established principles of faith-based selection for academies. It is a very simple amendment. I think the error was made inadvertently during drafting, and hopefully the Government will support it.

[Lizzi Collinge (Morecambe and Lunesdale) (Lab)]

I rise to speak to clause 51, because there are some points I wish to raise about this part of the Bill allowing new schools to have 100% faith selection.

Clause 51 allows new schools to be opened without ideological restrictions on their type; they could be academies, community schools or voluntary aided schools, which in my view is extremely welcome; but it also creates the ability to open new 100% faith-selective schools, which worries me. The current 50% cap on faith selection for academies was introduced by the Labour Government in 2007, and further embedded into free schools in 2010 by the coalition Government. The Education Act 2011 mandated that all new schools must be free schools, extending the cap’s reach. That 50% limit was supported by all three main parties.

A scheme of local authority competitions similar to the one proposed in the clause operated from 2007 to 2012, in which we saw 100% faith-selective schools open. For example, Cambridgeshire county council ran a competition for a new school in which a 100% selective Church of England school won out over a proposal for a school with no religious character; the resultant school opened in 2017 and is still 100% faith selective. Another 100% religiously selective school was approved in the Peterborough council area. This has happened when the legislation has allowed for it.

We heard in the first evidence session that the Catholic Education Service would seek, in areas of oversubscription, to use 100% faith selection. We heard from the Church of England that nationally its policy is to stick to 50%, but its structure means that dioceses can put forward proposals for new schools, and they are not bound by that national policy. Members might be sitting here thinking, “So what? What is the problem with 100% faith-selective schools?” The problem is that 100% faith-selective schools are less socioeconomically diverse than might be expected for their catchment area, and less socioeconomically diverse than schools that are subject to the 50% cap. Compared with their 50% selective peers, 100% faith-selective schools are also less ethnically diverse than would be expected. Faith selective schools remain less inclusive across multiple factors. In my view, 100% faith selective admissions only exacerbate inequalities in the school system.

The Sutton Trust found that faith schools are less inclusive of disadvantaged children. The Office of the Schools Adjudicator found that faith-selective schools are less inclusive of children in care. The London School of Economics found that faith-selective schools are less inclusive of children with special educational needs and disabilities. Faith-selective admissions also disproportionately favour wealthier families, because they are socioeconomically more selective than other types of school. Compared with other schools, faith-selective schools admit fewer children eligible for free school meals than would be expected for their catchment area.

Many faith-selective schools operate a system of scoring for religious attendance and volunteering. In my view, this activity is simply easier for those with more economic or social capital—those who do not work weekends, nights or shifts, and who have a professional background where one is very happy and comfortable going into a new environment; perhaps one went to church as a child. At least since the 1950s, data shows that church attendance is higher among wealthier people. This religious activity is less easy to take part in for those who work shifts or weekends and those who do not have the cultural or social capital to enter confidently a situation that is new or perhaps culturally alien. I am focusing on church attendance because the religious majority in our country is Christian, even though actual religious belief is low.

Faith-selective schools encourage and embed educational inequalities, and that is why I am concerned about lifting the 50% faith-selection cap. I merely ask Ministers to consider this.

--- Later in debate ---

[Ian Sollom]

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

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

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

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

[Catherine McKinnell]

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

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

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

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

[Catherine McKinnell]

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

[Ian Sollom]

I beg to ask leave to withdraw the clause.

Clause, by leave, withdrawn. 

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