Children’s Wellbeing and Schools Bill

Lord Russell of Liverpool Excerpts

Wednesday 28th January 2026 Lords Chamber

I hope not only that the Government take up the amendments but that they commission an analysis of the findings from these home visits, which could provide useful insights to help both local authorities and central government to make good use of the children not in school register and help to shape government home education policy in future.

[Lord Russell of Liverpool (CB)]

My Lords, I am happy to have added my name to Amendments 121A and 131A by the noble Baroness, Lady Barran. I am grateful to officials from the Department for Education who had a meeting with us to discuss these amendments and the reasoning behind them.

The reasoning behind those amendments is really simple. The Sara Sharif incident happened despite multiple reviews looking into not dissimilar cases, in some cases over previous decades. In this case, I do feel that almost an extreme preventive approach is required to make sure that we do not have a repetition. The point was made by the officials that there have been significant improvements in the quality of children’s services in most of the country and about two-thirds are now in a reasonable shape, but that raises the question: what about the other third?

If there is another case, God forbid, like Sara Sharif —and history, for I am a historian by background, teaches us that that probably will happen—the opprobrium that will be heaped upon whichever unfortunate Ministers and officials happen to be in office at the time will be considerable and, in our view, is avoidable. We should mitigate that risk by assuming that we have to legislate for the one-third of children’s services that are not in good shape, because that is almost certainly where the accidents will happen. One of the key findings of the Sara Sharif review was that there have been systemic weaknesses again and again, despite all the inquiries and the well-intentioned actions that followed them. This is important enough that we feel we have to prepare and assume that the worst might happen and do everything in our power to prevent it.

[Lord Hampton (CB)]

My Lords, I added my name to Amendments 121A and 131A. There is a real problem of mistrust with elective home education against traditional education. I acknowledge my noble friend Lord Crisp, and am delighted to be on his working party to try to do something about it.

I was in the same meeting as the noble Baroness, Lady Barran, and my noble friend Lord Russell where we talked to the DfE. It was rather wonderful, because instead of talking about technicalities, one of the people there started talking about cricket, which I am much happier with than Section 31s and things. He accused us of setting the field for a bad ball—so we were being extremes. Obviously, I came back with no setting the field for a bad ball but putting some sweepers out as well just in case. The whole point of legislation is to avoid the disasters, the out of the ordinary, the Sara Sharifs. We were also told that a possible future home visit might deter parents from seeking help with a Section 31. Again, I cannot see why. These amendments are incredibly sensible and thoughtful, and their spirit would help those avoidable disasters, which, tragically, may well happen.

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[The Deputy Speaker (Lord Russell of Liverpool) (CB)]

I remind the House that if Amendment 138 is agreed, I cannot call Amendments 139 and 140 because of pre-emption.

Amendment 138

Moved by

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I say to the Minister that there is time for further reflection on this. If this were something that the Government were minded to do at some future point, it would build relationships with home-educating parents and children more strongly than almost anything else.

[Lord Russell of Liverpool (CB)]

My Lords, I rise, first, to thank the Government, on behalf of myself and the noble Lord, Lord Young of Cookham, for bringing forward Amendment 146, putting carers on the register. We heard moving testimony in Committee about some incredibly young carers aged eight, nine or 10 looking after several members of their families—siblings and parents. In some cases, they were apparently being home-educated, but from the point of view of the adults they were caring for, looking after them took priority. That is why it is so important and so helpful that they will be recorded.

I also support my noble friend Lord Crisp and Amendment 175ZC from the noble Lord, Lord Wei, which is along the same lines—it is for children who are coming to the final parts of their home education and will, one hopes, take and pass exams. There is a real postcode lottery, particularly post-Covid, in access to examination centres. In parts of the country such as Cornwall or large parts of the north of England, it is extraordinarily difficult for parents to access examination centres for their children. In some cases, they have to travel one and a half to three hours to go to them. In many cases, their children are not taking a single paper; they might be taking three or four papers for mathematics, so they have to go back and forth. Some of those children will have some challenging behaviours and may find that an examination centre is not an environment that they are entirely comfortable in. Having it within reasonable reach and access of where one lives is exceptionally important.

For those reasons, I hope that the Minister will think carefully about this and look at some of the facts and figures. The charity, Education Otherwise, has looked into this in great detail and has a lot of really quite useful and compelling information. I hope that if the department is prepared to look at that, it might be able to think again.

[Lord Wei (Con)]

My Lords, I shall speak to Amendments 161A, 175ZA, 175ZB and 175ZC in my name. These amendments sit in a part of the Bill that would be felt most sharply not in Whitehall but in kitchens and living rooms by parents doing their best for children whose needs do not fit neatly in the school system. When Parliament reaches into family life, it has to do so with care, because it is easy to create a framework that looks reasonable on paper and yet breathes mistrust in practice.

Again, I want to acknowledge at the outset the Government’s movement in this group. Government Amendment 158 recognises the reality of exam access and ensures that information about GCSE routes can be provided to parents who ask for it. Amendment 159 creates a regular forum for parents to raise concerns and discuss how this regime operates. Amendment 161 tidies the drafting around exam-related provisions. These are sensible steps. They start to show an understanding that families need information and a channel of engagement, and I welcome them.

Yet there remains a gap between permission and protection. Information may be offered, but access can still fail, as we have heard from the noble Lord, Lord Crisp, and others. A forum may be held, but families can still feel unheard when nothing changes. These amendments in my name aim to close that gap with light-touch safeguards that strengthen legitimacy and reduce conflict. With the Government having shown that they are listening, I think that many of us hope that, on these quite non-contentious amendments, they will also come back with suggested changes to the Bill, as well as afterwards in the statutory guidance, to understand these realities.

Amendment 161A would require each local authority to establish a home education parental advisory board, composed primarily of parents with recent experience of elective home education in the area. We are not trying to create new bureaucracy for its own sake; it is about a practical feedback loop. Families most affected by these powers are often those most able to spot unintended consequences earlier than we can in this environment. When policy is made without their input, misunderstanding becomes routine, and routine misunderstanding can become the culture of the system. Advisory boards would keep local authorities grounded in reality; they would create discipline around reasoning, and when an authority departs from a formal recommendation, my amendment suggests that it needs to explain why. That simple requirement can improve decision-making and build trust.

I want to express strong support for Amendment 160 in the name of the noble Lord, Lord Crisp, which addresses a long-standing injustice that the House should not tolerate any longer. Home-educated children face serious obstacles in accessing examinations. Parents are left to navigate a patchwork of centres, fees, refusals, capacity limits and inconsistent arrangements. This is not just in small cases—it is in many instances. Qualifications open doors, and access is important; we must not make the children pay the price. With my own children, we had to travel several hundred miles to the south coast pretty much for all their GCSEs, and you can imagine how many they did, how many you multiply that by, and how many hotel stays that meant for my dear wife, who did most of the heavy lifting, although I drove a few times myself.

My Amendment 175ZC would place a clear duty on local authorities to secure reasonable access to approved exam centres, building on the thinking around Amendment 160, including adjustments for children with special educational needs. That would ensure that the responsibility is not left just to good will or market convenience. Somebody mentioned that, in the summer of last year, around 47,000 home-educated children in England were in their exam years, yet there are fewer than 200 centres listed as supporting them, many with limited capacity—and there is uneven geographic coverage. Whether a child can access qualifications should not depend on commercial viability or geography; we need to provide equitable access to this basic infrastructure as a responsibility of the state.

Amendment 175ZA deals with the related harm that is already appearing. Some providers are withdrawing opportunities for home-educated children in anticipation of new compliance burdens. Museums, activities, learning programmes and even basic services can become quietly harder to access. That may not be the Government’s intention but, because you are talking about a higher level of scrutiny and information-sharing requirements, that is already causing people to hold back. This amendment would draw a clear statutory line against discrimination and extra administrative hurdles imposed solely because a child is educated otherwise than at school. Lawful educational choice should not become a reason for exclusion.

Finally, Amendment 175ZB addresses the people who will operate these powers. I welcome the fact that the Government have indicated that training will be provided to those in local authorities working with home-educating families, and I welcome that. The House knows that guidance can be diluted over time, especially when you are under pressure and you have lots of families to look after with not much more funding. This amendment would require a national training standard to be issued, covering elective home education and related SEND, lawful decision-making and the avoidance of unconscious bias when dealing with these families. These families deserve consistency, and officers deserve clarity; a system with serious powers needs competent hands.

Safeguarding works best when families co-operate, and co-operation relies on trust. Trust is earned through fairness, understanding and clear routes for participation. These amendments would strengthen these foundations, and I hope that the Government show good will towards the many home-educating families who are going to have huge disruption to their lives in the coming years by looking at these amendments and others today, especially those on the area of access to exams. I urge the House to support them.