Children’s Wellbeing and Schools Bill

Neil O'Brien Excerpts

Tuesday 18th March 2025 Commons Chamber

[Madam Deputy Speaker (Ms Nusrat Ghani)]

I call the shadow Minister.

[Neil O’Brien (Harborough, Oadby and Wigston) (Con)]

The Bill does not set out any kind of clear plan or vision for our schools. It does not address the big challenges that need addressing. It is silent on discipline and behaviour—one of the biggest issues. It comes after the Government scrapped simple Ofsted judgments and will be followed by moves to dumb down the curriculum and lower standards further.

The Secretary of State has no positive vision. She has axed programmes for advanced maths, physics, Latin and computing because she thinks that they are elitist. She has axed behaviour hubs with no replacement, even though schools that went through the scheme were twice as likely to be good or outstanding. Yet, somehow, she is able to find £90 million for advertising. The Bill is the worst of all. We have tabled numerous amendments to it. It takes a wrecking ball to 40 years of cross-party reform of England’s schools. Those reforms worked. There is much more to do, but England has risen up the international league tables even as Labour-run Wales has slumped down.

Under successive Governments of all colours, England’s schools have been improved by the magic formula of freedom plus accountability. The Bill attacks both parts of that formula. On the one hand, it strips academy schools of freedoms over recruitment and curriculum and reimposes incredible levels of micromanagement, taking away academy freedoms now enjoyed by 82% of secondary schools. On the other hand, it strikes at accountability and parental choice, ending the automatic transfer of failing schools to new management, reversing the reforms of the late 1980s, which allowed good schools to expand without permission from their local authority—a reform that ushered in parental choice.

Let me unpack this. First, the Bill takes away academy schools’ freedoms over the curriculum. We have tabled amendments to that. As Sir Dan Moynihan, who leads the incredibly successful Harris schools, explained:

“We have taken over failing schools in very disadvantaged places in London, and we have found youngsters in the lower years of secondary schools unable to read and write. We varied the curriculum in the short term and narrowed the number of subjects in key stage 3 in order to maximise the amount of time given for literacy and numeracy, because the children were not able to access the other subjects… why take away the flexibility to do what is needed locally?”––[Official Report, Children's Wellbeing and Schools Public Bill Committee, 21 January 2025; c. 71, Q154.]

Likewise, Luke Sparkes from Dixons argued:

“we…need the ability to enact the curriculum in a responsive and flexible way at a local level…there needs to be a consistency without stifling innovation.”––[Official Report, Children's Wellbeing and Schools Public Bill Committee, 21 January 2025; c. 79, Q167.]

Katharine Birbalsingh, the head of Michaela school, which has been top in the country three years in a row, wrote to the Secretary of State:

“Do you have any idea of the work required from teachers and school leaders to change their curriculum? You will force heads to divert precious resources from helping struggling families to fulfil a bureaucratic whim coming from Whitehall. Why are you changing things? What is the problem you are trying to solve?”

[Graham Stuart]

Like me, my hon. Friend finds these proposals tragic because of the removal of the curriculum freedoms that have allowed schools such as Michaela and Petchey and others all over the country to tailor their curriculum specifically to reach disadvantaged pupils so that they can engage better with their learning and have an achievement that previously they did not have. That door is being closed. I hope that Government Members reflect on this and seek a change of policy, if not in this House, then at least in the House of Lords.

[Neil O’Brien]

My right hon. Friend is completely correct. Some Government Members have reflected on this: the hon. Member for Mitcham and Morden (Dame Siobhain McDonagh) said that the proposal to make it compulsory for academies to teach the national curriculum was of particular concern to her, and she is right. Ministers have never explained what they are trying to solve with this change, but the unions like it, so into the Bill it goes.

We have tabled further amendments on qualified teacher status. The Government are getting rid of academy freedoms over recruitment and the freedom to employ non-QTS teachers. Sir Martyn Oliver from Ofsted gave us a good example of how these freedoms are used. He said:

“In the past, I have brought in professional sportspeople to teach alongside PE teachers, and they have run sessions. Because I was in Wakefield, it was rugby league: I had rugby league professionals working with about a quarter of the schools in Wakefield at one point..”––[Official Report, Children's Wellbeing and Schools Public Bill Committee, 21 January 2025; c. 49, Q108.]

Brilliant. The Government’s own impact assessment to the Bill says of this change:

“some schools may struggle to find the teachers that they need.”

Rebecca Leek from the Suffolk Association of Headteachers gave a good example of how this freedom is currently used. She said that she urgently needed an early years lead, and was able to take on someone who had run an outstanding nursery, even though they did not have QTS and nor did they plan to get it. But in future, she would not be able to do that. Former headteacher David Thomas told us in Committee that this freedom allows them to recruit people who may be at the end of their career, who have a huge amount of experience that they want to give back to the community. They do not want to go through the bureaucracy, and if we put up barriers, they will not end up in the state sector.

Ministers have not produced a single shred of evidence that teachers without QTS are of lower quality, or for why they cannot be a good supplement to QTS teachers. Ministers have never explained why they, sitting in Whitehall, think that they are in a better position to judge who to employ than headteachers on the frontline. Ministers claim that is vital, but a footnote at the bottom of page 24 of the impact assessment reveals it would, in fact, not be applied to lots of different types of schools, including 14 to 19 academies, 16 to 19 academies, university technical colleges, studio schools, further education colleges and non-maintained school early years settings. It is supposedly vital but is not being applied to loads of different types of school. Yet Ministers are imposing it on loads of other schools. As the former head of Ofsted pointed out this week, taking that flexibility out of the system feels like a retrograde step, and she is right.

Under the Bill, Whitehall micromanagement is back, too. Clause 44 allows the Secretary of State to direct academy schools to do pretty much anything. The Confederation of School Trusts is really worried about that and has suggested a way to bring such unlimited power under some limits. They say:

“We do have concerns about the power to direct…It is too broad and it is too wide. We would like to work with Government to restrict it to create some greater limits. Those limits should be around statutory duties…statutory guidance, the provisions in the funding agreement”.––[Official Report, Children's Wellbeing and Schools Public Bill Committee, 21 January 2025; c. 81, Q169.]

Yet Ministers voted down our amendment to put that suggestion from schools into effect.

Likewise, as we discovered in Committee, clause 34(5)(2) will require academy schools to get permission from the Secretary of State to make any change to the buildings they occupy. That includes any change to

“(ii) either part of the building, or

(iii) permanent outdoor structure”.

Literally, if an academy school wants to build a bike shed, it will have to go to the Secretary of State. It was clear in Committee that Ministers had not even realised that that would apply to academy schools. Those are just two of the many, many centralising measures in the Bill.

While freedom is being taken away on the one hand, accountability on the other side of the ledger is being watered down too. The Government already got rid of single-word Ofsted judgments and replaced them with something much more complicated that does not seem to have left anybody very happy. Then, clause 45 ends the automatic conversion of failing schools into academies. The hon. Member for Mitcham and Morden has said,

“The current system, in which failing schools automatically become academies, provides clarity and de-politicisation, and ensures a rapid transition. I fear that making that process discretionary would result in a large increase in judicial reviews, pressure on councils and prolonged uncertainty, which is in nobody’s interests.”—[Official Report, 8 January 2025; Vol. 759, c. 902.]

She also said,

“the DfE will find itself mired in the high court in judicial review. When we tried to transfer our first failing school to a Harris academy we spent two years in court, and children…don’t have that time to waste.”

She is so right.

Rob Tarn, the chief executive of the Northern Education Trust, has made the same point:

“If there’s no longer a known, blanket reality…There is a risk that, where it’s been determined a school needs to join a strong trust, it will take much longer and we will go back to the early days of academisation when people went to court.”

The Children’s Commissioner makes that point too. She says that she is

“deeply concerned that we are legislating against the things we know work in schools, and that we risk children spending longer in failing schools by slowing down the pace of school improvement.”

She is right.

The Confederation of School Trusts has said that the current system offers struggling schools “clarity” as they

“will join a trust, and that process can begin immediately”.

In contrast, they warn,

“We are not clear on how commissioning part-time support through the RISE arrangements makes that any easier.”

The former national schools commissioner, Sir David Carter, has warned that the

“arguments and legal actions that will arise if a school in Cumbria is told to join a trust while a school in Cornwall just gets arm’s length support will only add delay to delivering a fairer and better offer to children.”

Worse still is clause 51, which attacks school choice and the freedom to go to good schools. It was in 1987 that Mrs Thatcher announced that

“we will allow popular schools to take in as many children as space will permit. And this will stop local authorities from putting artificially low limits on entry to good schools.”

That agenda became known as local management of schools and of it the former Labour Minister Lord Adonis wrote,

“Local Management of Schools was an unalloyed and almost immediate success…school budgets under LMS were based largely on pupil numbers, so parental choice came to matter as never before.”

In contrast, the Government’s impact assessment of the Bill says:

“We want the local authority to have more influence over the PANs for schools in their area”.

It goes on to say:

“It could also limit the ability of popular schools to grow…If a school is required to lower their PAN, some pupils who would have otherwise been admitted will be unable to attend the school. This will negatively impact on parental preference”.

Michael Johnson, the leader of the very successful Chulmleigh trust, warns that that “could be disastrous for successful schools…The Government are not better placed than parents to decide which school a child attends.”

[Graham Stuart]

Does my hon. Friend, like me, reflect on the irony that the success from 2010 to 2024, which we on the Conservative Benches would naturally celebrate, was only possible because of the Labour visionaries who drove the academies programme forward, made changes, developed the argument, rolled the pitch and allowed us to lift our schools to much higher levels of performance and our children from deprived backgrounds to much better results. Labour Members were the creators of that, and now this Government are disowning it.

[Neil O’Brien]

It is tragic. It is not us criticising the Bill; it is the professionals—the people who have given their lives to education. I will give another example. Gareth Stevens, leader of Inspiration Trust, another high-performing trust, gives the example of his local council wanting to halve places at an outstanding school to prop up other schools. He says that

“the idea that we could have the rug pulled out from under us and the number of places in our high performing school cut is the most worrying thing…It will mean fewer places at high performing good or outstanding schools”.

--- Later in debate ---

[Mrs Emma Lewell-Buck (South Shields) (Lab)]

I rise to speak to new clause 6 tabled by children’s food champion, my hon. Friend the Member for Washington and Gateshead South (Mrs Hodgson), and to amendments 212 to 220 in my name. I also put on record my support for new clause 1 tabled by my hon. Friend the Member for Dulwich and West Norwood (Helen Hayes), new clause 7 tabled by the hon. Member for Twickenham (Munira Wilson) and new clause 49 tabled by my hon. Friend the Member for Liverpool West Derby (Ian Byrne). It will come as no surprise that I am also a fan of new clause 34 because, thanks to the last Government, over 4 million children are in poverty, and I will always support anything that makes their little lives and that of their families more bearable.

New clause 6 would introduce a much-needed national monitoring system for school food. Of course, school food standards already exist, but not all schools are meeting them. There is far too much variance. There are some brilliant examples of heart-healthy, nutritious meals that fuel children for the rest of the school day. Then, there are examples where unhealthy fizzy drinks and fried food are the norm. Some 60% of secondary schools have been found not to follow the school standards at all. A study from Impact on Urban Health shows significant differences between what is mandated by the school standards and what is on menus and what ends up on plates. There is far too much free rein. There is no mechanism for school food standards to be checked against what pupils are being served. The new clause would end the postcode lottery of school food so that standards no longer just exist on paper but are on our children’s plates.

The amendments in my name all relate to strengthening school breakfast club provision. After years of pushing my School Breakfast Bill, no one was happier than me when the Labour Government legislated for school breakfasts. It is great to see that three of the pilots are in schools in my constituency. Some 2.7 million children live in food-insecure households. The previous Government’s national school breakfast programme is missing 86% of those children. Most of them will have arrived at school ready to learn, but with a gnawing hunger in their stomachs. Their day is marked with that persistent worry that comes with hunger—a worry that will permeate their entire school day.

Hunger has a significant impact on children’s learning, because hungry children do not learn, no matter how bright and determined they are and no matter how amazing or dedicated their teachers are. Numerous studies have shown the links between nutrition and cognitive development. Hungry children suffer developmental impairments, language delays and delayed motor skills, not to mention the psychological and emotional impact, which can range from withdrawn and depressive behaviours to irritable and aggressive ones.

I have always believed in the transformational power of education. It is certainly not standard for children from my background to end up in this place, so the power of a good education can never be overestimated. The food that fuels that ability to learn and develop should never be underestimated. These clubs will ensure that socioeconomic status is less of a deciding factor in good educational outcomes. My amendments would help realise the full potential of our breakfast clubs.

There is no provision in the Bill to monitor or measure the success of school breakfast provision. It is difficult to scrutinise the efficacy of any policy if there is never any analysis of it. The pupil premium, free school meals eligibility and the income deprivation affecting children index are good indicators of the very children who will need these clubs the most. Any policy should be measured by its impact on these groups, so that we know that those who are most in need are benefiting.

More worryingly, without proper data to prove the success of the policy, a future Government may decide to scrap it altogether. That is why amendment 212 is so important. Not all staff are nutritional experts, and some will have never delivered school breakfast provision before, so it is right that they have the right advice on hand and why a more mixed model and flexible approach is needed from the Government. Amendments 213 and 216 to 218 would achieve that.

The flexibility shown in the models adopted by Magic Breakfast has resulted in a take-up that is 375% higher than in non-Magic Breakfast schools. Yet the Bill requires only one model be delivered: the traditional breakfast club, held in a canteen for 30 minutes before the start of the school day. Many schools already use different models of breakfast clubs, including ones that suit particular schools, such as classroom breakfasts, grab-and-go takeaway models, nurture groups and late provision. A rigid model of delivery will have less success and schools that cannot fit that model will feel that they have to be exempt from delivery. Amendments 214 and 215 would ensure that if a school were to seek exemption from the Government’s school clubs, other models had been considered.

I know that the Minister knows that SEND schools often cater for primary and secondary pupils on the same site. That means that in those schools some children will be excluded from school breakfast clubs. I know from discussions with dedicated teachers and school staff in my constituency that they will not allow their pupils to be disadvantaged in that way, so it is likely they will use their already tight budgets to make sure older pupils also get that nutritious, healthy start to their school day.

Amendment 219 would apply only to approximately 100,000 pupils in England. That would be a modest 2.22% increase in the policy if all those children took up the offer—and we know that that is unlikely, because the children with complex needs do not always require the same food provision accessed by other pupils. For those who do require it, however, it is right that they should have the same nutritious start to their day as other children with whom they share a school site.

I am, of course, pleased that at long last there is legislation for school breakfasts. However, it is essential that we get that right. My amendments will do just that, and I know that the Minister will have carefully considered them. I look forward to her comments at the close of the debate.

[Neil O’Brien]

With the leave of the House, we have had an excellent debate this afternoon, as we did in Committee. I will pick out only a few of the contributions. We had important words from the Chair of the Education Committee, the hon. Member for Dulwich and West Norwood (Helen Hayes), who pointed out how quickly the Bill had been prepared and pushed through. That is why we have so many amendments on Report and, to be honest, one reason that the Bill has run into such trouble.

My right hon. Friend the Member for Beverley and Holderness (Graham Stuart) gave a great speech, drawing on his experience as the Chair of the Select Committee, and the hon. Member for Sheffield Central (Abtisam Mohamed) gave an excellent speech, laying out why the provisions on home schooling are an excessive burden and go too far. We all agree that it is about making sure that children are not just “not in school”; however, the provisions really are overly burdensome. The hon. Members for Taunton and Wellington (Gideon Amos) and for Mid Dorset and North Poole (Vikki Slade) and lots of Conservative colleagues pointed out the same thing.

I have to say that my jaw hit the floor when I first read the Bill and saw the provisions that treat the parents of children in special schools the same as people who are being investigated by social services. Those people are not criminals, they are not doing the wrong thing and sometimes they need to move to look after their vulnerable children. I hope the Government will think again in the other place.

[Richard Foord (Honiton and Sidmouth) (LD)]

I agree with the shadow Minister on the point about special schools. Additionally, in Committee in January, he raised the point about local authority consent for some children to be withdrawn from school, and how that should be extended from children who are subject to a child protection plan to children who are regarded as a child in need. Why are the Opposition not pushing that to a vote today?

[Neil O’Brien]

We have a limited number of things that we can press to a vote, but I hope, as we go to the debate in the other place, that we are in complete agreement on the excessive nature of some of the requirements being made of home schoolers, who we must not treat as illegitimate just because they choose to educate their children in a certain way. My hon. Friend the Member for Ruislip, Northwood and Pinner (David Simmonds) used his huge experience to take us on a rather bleak journey from the reforming agenda of the early Blair years to the regress that we are seeing now. My hon. Friend the Member for Farnham and Bordon (Gregory Stafford) explained why this was such a mistake and took us through the Bill in bleak detail.

I do not always agree with the hon. Member for Coventry South (Zarah Sultana), but I do agree with her on Andrew Tate, whom I regard as totally abhorrent. I am glad that my right hon. Friend the Member for Newark (Robert Jenrick), the shadow Justice Secretary, is leading the charge to get the Tates deported to this country so that they can face justice here. I find their work utterly, utterly abhorrent.

My brilliant hon. Friend the Member for West Suffolk (Nick Timothy) contrasted the reforming rhetoric that we at least see in other Departments with the rather retro agenda in the Department for Education. My right hon. Friend the Member for East Hampshire (Damian Hinds), who did so much work in Committee, gave us another brilliant and witty speech. He talked about how Labour reformers had always been swimming against the tide, and I think that is right. He also talked about the free school breakfast numbers that the Government have used and the claim that they are going to save parents £450. This is a mysterious figure, because if we want to give £450 to every primary school child, that will cost north of £2 billion, but the Government are spending £33 million, so they are two orders of magnitude apart. Why will the Government not publish the workings behind this figure? I think the truth is that the source is the back of a spad’s fag packet, to be completely honest.

The hon. Member for Harlow (Chris Vince) gave a good speech, and the thing I absolutely agree with him about is the importance of teaching. It is one of the best and most noble things anyone can do with their life. All of us as MPs do school visits, and we might do an hour of highly energetic chat with people in year 6. We then realise the energy required to be a teacher and to keep that up all day, so I absolutely pay tribute to those who are doing this noble work.

One of the most interesting speeches this afternoon was the one from the hon. Member for Montgomeryshire and Glyndŵr (Steve Witherden). Various Labour Members said that things under the last Government were not nirvana, and that is right. Various people said that there were more things to fix, and that is right too. We absolutely agree with that. But the hon. Member said that things were so much better in Wales because they had avoided the Blair-era reforming agenda, they had avoided academies, they had got rid of league tables for a time, they were still using other methods such as cueing rather than phonics, and so on and so forth. But let us just have a look at the numbers to see what that has done.

The PISA tables show that, under the last Government, England went from 11th to ninth on science, 19th to ninth on reading and 21st to seventh on maths. That is a huge increase. In Wales, the best bit was on maths, where they went from 29th to 27th. They were flat at 28th on reading and collapsed from 21st to 29th on science. A pretty dismal record, really. I would encourage those who say that things are brilliant in Wales to read the searing report by the Institute for Fiscal Studies, which is known for its mild-mannered work and cautious judgments. The report states:

“PISA scores declined by more in Wales than in most other countries in 2022, with scores declining by about 20 points (equivalent to about 20% of a standard deviation, which is a big decline). This brought scores in Wales to their lowest ever level, significantly below the average across OECD countries and significantly below those seen across the rest of the UK…Lower scores in Wales cannot be explained by higher levels of poverty. In PISA, disadvantaged children in England score about 30 points higher, on average, than disadvantaged children in Wales. This is a large gap…Even more remarkably, the performance of disadvantaged children in England is either above or similar to the average for all children in Wales.”

Disadvantaged children in England are doing better than all children in Wales, and the IFS also points out that the disadvantage gap is bigger in Wales. It concludes that the explanation for lower educational performance is not ethnicity or deprivation, and that it

“is much more likely to reflect longstanding differences in policy and approach, such as lower levels of external accountability and less use of data.”

That is the damning indictment of the IFS.

As Adams said, “Facts are stubborn things”. We have seen what this agenda does in Wales. It is a disaster, and those who are the most deprived are the ones who lose out the most. That is why this afternoon we are going to be pushing our amendments to protect academy freedoms, to protect the ability of good schools to grow and to protect parental choice. This Bill shifts power from parents to politicians, and we will always resist that. We will be moving to a vote now to stop this destructive agenda, which has failed in Wales and will fail in England too.

[Madam Deputy Speaker (Ms Nusrat Ghani)]

I call the Minister.