Children’s Wellbeing and Schools Bill

Judith Cummins Excerpts

Tuesday 18th March 2025 Commons Chamber

[The Minister for School Standards (Catherine McKinnell)]

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

[Madam Deputy Speaker (Judith Cummins)]

With this it will be convenient to discuss the following:

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

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

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

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

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

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

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

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

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

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

“512ZAA Registration of children for free school meals

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

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

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

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

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

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

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

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

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

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

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

(a) national coordination of SEND provision;

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

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

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

New clause 11—National Tutoring Guarantee—

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

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

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

(a) from low-income backgrounds,

(b) with low prior attainment,

(c) with additional needs, or

(d) who are young carers.

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

(a) headteachers,

(b) teachers,

(c) school leaders,

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

(e) children from low-income backgrounds, and

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

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

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

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

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

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

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

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

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

(a) for subsection (1) substitute—

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

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

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

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

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

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

(3) After section 70, insert—

“70A Requirements relating to assemblies

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

(a) maintained schools without a religious character;

(b) non-maintained special schools;

(c) City Technology Colleges; and

(d) Academies without a religious character.

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

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

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

(b) the head teacher must secure,

that subsection (2) is complied with.””

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(a) is of a religious character, and

(b) is selective on the basis of faith,

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

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

(a) of a religious character, and

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

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

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

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

(2) Guidance published under this section must—

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

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

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

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

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

(a) groups representing the interests of parents;

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

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

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

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

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

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

(i) with EHC plans, and

(ii) without EHC plans

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

(i) with EHC plans, and

(ii) without EHC plans

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

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

(i) special school;

(ii) mainstream school.

(2) The Secretary of State must annually—

(a) conduct a statistical analysis of, and

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

New clause 34—Provision of free school lunches to all primary school children—

“(1) Section 512ZB of the Education Act 1996 (provision of free school lunches and milk) is amended as follows.

(2) In paragraph (4A)(b), after "year 2," insert "year 3, year 4, year 5, year 6".

(3) In subsection (4C), after “age of 7;" insert—

“Year 3” means a year group in which the majority of children will, in the school year, attain the age of 8;

“Year 4” means a year group in which the majority of children will, in the school year, attain the age of 9;

“Year 5” means a year group in which the majority of children will, in the school year, attain the age of 10;

“Year 6” means a year group in which the majority of children will, in the school year, attain the age of 11;”

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

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

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

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

(b) provide guidance to all applicable schools that—

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

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

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

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

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

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

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

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

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

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

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

(b) it takes place—

(i) on school property; or

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

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

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

New clause 41—Right to review school curriculum material—

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

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

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

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

(2) The review must include an assessment of

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

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

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

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

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

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

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

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

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

(5) The report must be made publicly available.

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

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

“(1) A local authority must—

(a) provide; or

(b) coordinate the provision of programmes which provide,

free meals and activities to relevant children during school holidays.

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

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

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

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

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

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

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

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

(a) a core framework; and

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

“and for all pupils attending special schools”.

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

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

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

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

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

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

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

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

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

(a) classroom-based provision, or

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

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

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

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

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

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

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

“551CA Promotion of supplementary models of provision

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

(a) classroom based provision.

(b) takeaway provision, and

(c) nurture group services.”

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

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

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

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

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

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

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

“551E Publication of data

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

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

(b) uptake levels;

(c) satisfaction levels amongst pupils and parents; and

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

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

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

“551E Advice and support

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

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

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

Government amendments 132 and 133.

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

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

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

(a) a primary pupil; and

(b) a secondary pupil.”

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

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

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

(b) are in an acceptable condition, and

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

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

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

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

(b) are new, and

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

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

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

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

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

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

Government amendments 134 and 135.

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

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

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

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

Government amendment 20.

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

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

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

Government amendments 21 to 24.

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

See the explanatory statement to amendment 20.

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

“, or has previously taken action”.

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

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

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

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

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

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

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

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

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

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

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

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

See explanatory statement for Amendment 5.

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

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

Amendment 7, page 50, line 2, leave out

“each parent of the child”

and insert “a parent”.

See explanatory statement for Amendment 5.

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

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

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

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

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

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

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

Government amendments 34 to 39.

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

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

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

Government amendments 40 to 45.

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

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

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

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

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

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

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

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

Government amendments 46 to 59.

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

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

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

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

Government amendments 60 to 67.

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

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

Government amendment 68.

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

This amendment is related to Amendment 8.

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

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

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

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

This amendment is related to Amendment 8.

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

This amendment is related to Amendment 8.

Government amendment 69.

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

This amendment is related to Amendment 8.

Government amendment 141.

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

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

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

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

“may consider—

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

(ii) where the child lives”.

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

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

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

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

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

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

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

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

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

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

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

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

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

Government amendments 156 to 158.

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

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

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

Government amendments 159 to 167.

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

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

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

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

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

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

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

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

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

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

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

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

Government amendment 168.

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

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

“(c) after subsection (1A) insert—

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

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

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

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

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

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

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

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

Government amendments 169, 170 and 93.

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

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

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

Government amendments 94 to 110.

New clause 2—Review of the Act—

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

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

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

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

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

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

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

(c) assess whether those objectives remain appropriate.”

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

[Catherine McKinnell]

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

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