Children’s Wellbeing and Schools Bill

Judith Cummins Excerpts

Monday 17th March 2025 Commons Chamber

20:50

Division 126

Ayes: 65

Noes: 317

[Madam Deputy Speaker (Judith Cummins)]

With the leave of the House, I shall put a single question on Government amendments 119 to 131.

Clause 18

Information Sharing

Amendments made: 119, in clause 18, page 34, line 37, at end insert—

‘(4A) The Secretary of State may provide financial oversight information to the Care Quality Commission for use in connection with the Commission’s functions under sections 54 to 56 of the Care Act 2014.

(4B) “Financial oversight information” means information held by the Secretary of State in connection with the Secretary of State’s functions under sections 30ZE to 30ZJ.’

This amendment enables the Secretary of State to disclose certain information to the Care Quality Commission for use in connection with the Commission’s functions under sections 54 to 56 of the Care Act 2014.

Amendment 120, page 35, leave out lines 1 and 2.

This amendment removes subsection (5) because it is clear without it that the information in question may consist of or include personal data.

Amendment 121, page 35, line 14, at end insert—

‘(9) In this section, “the data protection legislation” and “processing” have the same meaning as in section 3 of the Data Protection Act 2018.’

This amendment adds a signpost to the definition of terms used in section 30ZO of the Care Standards Act 2000 (inserted by clause 18).

Amendment 122, page 35, line 14, at end insert—

‘(2) In the Care Act 2014, after section 56 insert—56A Provision of information to the Secretary of State—

(1) The Care Quality Commission may provide market oversight information to the Secretary of State for use in connection with the Secretary of State’s functions under sections 30ZE to 30ZJ of the Care Standards Act 2000.

(2) “Market oversight information” means information held by the Commission in connection with its functions under sections 54 to 56.

(3) Except as provided for by subsection (4), a disclosure of information authorised by subsection (1) does not breach—

(a) any obligation of confidence owed by the person making the disclosure, or

(b) any other restriction on the disclosure of information (however imposed).

(4) Subsection (1) does not authorise the processing of information if the processing would contravene the data protection legislation (but in determining whether it would do so, take into account the power conferred by that subsection).

(5) In this section, “the data protection legislation” and “processing” have the same meaning as in section 3 of the Data Protection Act 2018.’—(Stephen Morgan.)

This amendment enables the Care Quality Commission to disclose certain information to the Secretary of State for use in connection with the Secretary of State’s functions under sections 30ZE to 30ZJ of the Care Standards Act 2000.

Clause 20

Ill-treatment or wilful neglect: children aged 16 and 17

Amendments made: 123, in clause 20, page 36, line 29, leave out “in England”.

This amendment and amendments 124, 125, 126, 127, 128, 129, 130 and 131 ensure that the clause 20 protection against ill-treatment or wilful neglect applies to children aged 16 and 17 in certain care and detention settings in Wales, as well as in England.

Amendment 124, page 36, line 32, after “home” insert “in England”.

See the explanatory statement to amendment 123.

Amendment 125, page 36, line 34, after “centre” insert “in England”.

See the explanatory statement to amendment 123.

Amendment 126, page 36, line 36, leave out

“accommodation provided at an establishment”

and insert—

“an establishment in England providing accommodation”.

See the explanatory statement to amendment 123.

Amendment 127, page 37, line 1, after “accommodation” insert “in England”.

See the explanatory statement to amendment 123.

Amendment 128, page 37, line 2, at end insert—

‘(e) a place in Wales at which a care home service or a residential family centre service, as defined by Schedule 1 to the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2), is provided;

(f) a place in Wales at which accommodation is provided to disabled children and which is notified to the Welsh Ministers in accordance with regulations under section 2 of that Act;

(g) youth detention accommodation in Wales as defined by section 188(1) of the Social Services and Well-being (Wales) Act 2014 (anaw 4).’

See the explanatory statement to amendment 123.

Amendment 129, page 37, line 4, leave out “in England”.

See the explanatory statement to amendment 123.

Amendment 130, page 37, line 14, leave out “in England”.

See the explanatory statement to amendment 123.

Amendment 131, page 37, line 35, leave out “in England”.—(Stephen Morgan.)

See the explanatory statement to amendment 123.

New Schedule 1

Relevant authorities

‘Part 1

List of relevant authorities

1 The Secretary of State.

2 The Lord Chancellor.

3 (1) The governing body of a maintained school in England.

(2) In sub-paragraph (1), “maintained school” has the meaning given by section 39(1) of the Education Act 2002.

4 (1) The proprietor of a non-maintained special school in England.

(2) In sub-paragraph (1)—

(a) “non-maintained special school” has the meaning given by section 337A of the Education Act 1996;

(b) “proprietor” has the meaning given by section 579(1) of that Act.

5 (1) The proprietor of—

(a) an Academy (as defined by section 579(1) of the Education Act 1996),

(b) a city technology college, or

(c) a city college for the technology of the arts.

(2) In sub-paragraph (1), “proprietor” has the meaning given by section 579(1) of the Education Act 1996.

6 (1) The governing body of an institution in England within the further education sector.

(2) In sub-paragraph (1)—

(a) “institution within the further education sector” has the meaning given by section 91(3) of the Further and Higher Education Act 1992;

(b) “governing body” has the meaning given by section 90(1) of that Act.

7 (1) The proprietor of a special post-16 institution in England in relation to which an approval under section 41(3) of the Children and Families Act 2014 has effect.

(2) In sub-paragraph (1), “proprietor” and “special post-16 institution” have the meaning given by section 83(2) of the Children and Families Act 2014.

8 His Majesty’s Chief Inspector of Education, Children’s Services and Skills.

9 NHS England.

10 An integrated care board.

11 An NHS foundation trust.

12 An NHS trust.

13 The Care Quality Commission.

14 The Youth Justice Board for England and Wales.

Part 2

Power to modify Part 1

(1) The Secretary of State may by regulations made by statutory instrument amend Part 1 of this Schedule by—

(a) adding a person or description of persons,

(b) removing an entry listed in it, or

(c) varying an entry listed in it.

(2) A statutory instrument containing regulations under sub-paragraph (1) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

(1) Regulations under paragraph 15(1)(a) may not add a person or description of persons to Part 1 unless the Secretary of State considers that the person exercises, or (as the case may be) all persons of that description exercise, functions of a public nature.

paragraph 15(1)(a)

(2) Regulations under paragraph 15(1)(c) may not vary an entry listed in Part 1 so that it relates to a person who does not exercise functions of a public nature or, in the case of a description of persons, so that the description consists of or includes persons who do not exercise functions of a public nature.

paragraph 15(1)(c)

(1) Regulations under paragraph 15(1)(a) may not add a person or description of persons to Part 1 if the Secretary of State considers that the person or (as the case may be) any person of that description—

paragraph 15(1)(a)

(a) exercises devolved functions only, or

(b) exercises any devolved functions, unless the entry for that person or description of persons provides that they are a relevant authority only to the extent that they are exercising functions that are not devolved functions.

(2) Regulations under paragraph 15(1)(c) may not vary an entry listed in Part 1—

paragraph 15(1)(c)

(a) so that it relates to a person who exercises devolved functions only, or in the case of a description of persons, so that the description consists of or includes any persons who exercise devolved functions only, or

(b) so that it relates to a person who exercises devolved functions, or in the case of a description of persons, so that the description consists of or includes any persons who exercise devolved functions, unless the entry provides that they are a relevant authority only to the extent that they are exercising functions that are not devolved functions.

(3) In this paragraph, “devolved function” means a function that could be conferred by provision that would be within the legislative competence of—

(a) the Scottish Parliament, if it were contained in an Act of that Parliament (see section 29 of the Scotland Act 1998),

(b) Senedd Cymru, if it were contained in an Act of the Senedd (see section 108A of the Government of Wales Act 2006), or

(c) the Northern Ireland Assembly, if it were contained in an Act of the Assembly, where the Bill for that Act would not require the consent of the Secretary of State (see sections 6 to 8 of the Northern Ireland Act 1998).’—(Stephen Morgan.)

This new Schedule lists the persons who are relevant authorities for the purposes of the corporate parenting duty introduced by NC18. It also contains a power for the Secretary of State to amend the list of relevant authorities by regulations.

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

Bill to be further considered tomorrow.