Children’s Wellbeing and Schools Bill

Lord Nash Excerpts

Tuesday 3rd February 2026 Lords Chamber

[Lord Addington (LD)]

My Lords, my Amendment 230 in this group is on off-rolling. Whatever the good points of academisation, there has been a strong suspicion—a fact, in some cases—that certain schools are off-rolling pupils who are seen to be a problem. The best of the academies are probably dealing with this. I remember the noble Lord, Lord Agnew, being impassioned as a Minister in saying that we must stop this. There is a strong suspicion that it goes on, possibly underneath, at a school level, when a teacher or headmaster is worried about personal development. Whether we like it or not, that strong suspicion exists, and there has been a rise in the number of exclusions going on.

When the Minister answers, I hope that she will tell us how this is being dealt with. If it is not being dealt with, it is a problem that we will have to get to grips with. I hope that there will be a coherent look at this, so we know exactly what the case is. There is a strong suspicion that special educational needs is a factor pushing this. I have known people going through this, where it has been assumed that every pupil in a pupil referral unit has at least one special educational need. The Minister has been engaged in these types of areas, and I hope that, when she comes to answer for the Government, she can tell us what the Government are going to do. If there is even a suspicion, we should find out the truth and look at it coherently.

[Lord Nash (Con)]

My Lords, I will talk to Amendments 198 and 199, to which I have added my name. Inclusion is very important but, at the moment, some children—too many, frankly—who should not be in maintained education are being admitted to maintained schools because of their parents’ wishes. Those parents are making decisions that are not in the best interests of their children. These are often inappropriate settings and it affects the education and resources available to other children in those settings. We need more special schools that are better located, so that children are not spending hours in taxis, and we need better alternative provision. I very much hope that the Government are seized of this issue and that they will allow more special and AP free schools.

On Amendment 199, I find it hard to think of circumstances where it would be a good idea to limit the size of a school that provides high-quality education. I can, however, think of many examples of where it would be a very bad idea. As my noble friend Lady Barran said, we are heading towards overcapacity in schools, and the best way for that situation to resolve itself is by letting the market and parents decide.

Local authorities are understandably reluctant to close schools and there are often many local, political or ward issues in play. We certainly do not want local authorities to reduce the PAN of schools on the basis of political issues overriding the interests of children or parents. I am aware of boroughs that have tried to resist the creation of new free schools based on a lack of demand in their location when, on further investigation, it became clear that many local pupils were actually going to schools in neighbouring boroughs or local authorities, because their local schools were performing so poorly. It is a complicated issue.

My academy trust specialises in taking on failing schools. We have just taken on another secondary school, thanks to terrific co-operation from the Department for Education and a certain amount of money, for which I am very grateful. This is another failing secondary school in Hertfordshire, with only 400 pupils on the roll but with a much higher PAN and substantial local demand. The school had previously had three required improvements in 15 years. As we have taken on a further four failing schools in Hertfordshire and turned them around, and have a very good relationship with the Hertfordshire local authority, I do not think this would be an issue in this location. But if we were in the future asked to take on a similarly failing school in an authority we did not know, the ability of the local authority to reduce the PAN might well deter us, and no doubt others. Reducing the PAN of a successful school to protect a school whose roll is falling is no answer. Students do best in schools which are full or nearly full, and have the resources to provide an adequate education.

Finally, in support of the amendment of the noble Lord, Lord Addington, while I do not think off-rolling is as frequent as perhaps some people think, it would be better to know the answer and get the facts.