Children’s Wellbeing and Schools Bill
Debate between Nusrat Ghani and Catherine McKinnell(2 weeks, 5 days ago)
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Catherine McKinnell
The amendments that I am addressing relate particularly to information sharing, which clearly the right hon. Gentleman has concerns about. Members on both sides of the House will be all too aware of the succession of tragedies that we have seen when children have fallen between the cracks in services that should be there to support them. The changes in the Bill are a reflection of this Government’s determination to bring that era of state failure to a close.
New clause 17 relates to the measures on opening new schools. Part 2 of the Education and Inspections Act 2006, which the Bill is amending, includes a number of relevant duties and powers where personal data might be processed—for example, where a proposal for a new school includes details of the relevant experience of the individual proposers. It makes clear that these powers and duties to give or publish information do not give anyone the right to give or publish personal data in a way that would breach data protection legislation. It applies a data protection override to the whole of part 2 and schedule 2 to the 2006 Act to cover all the information-related powers and duties in relation to opening, closing and altering schools.
Amendments 166 and 167 will ensure that restrictions on the sharing of data, obligations of confidence and other restrictions do not prevent the sharing of information where it is done to protect the welfare of children at registered independent educational institutions or in accommodation provided by schools or colleges. They empower Ofsted to disclose information to other inspectorates of independent educational institutions or of accommodation in schools or colleges, to enable their inspections and ensure high-quality services for our children. We anticipate that information to be shared for those purposes may include that which is given in confidence—for instance, concerns shared with Ofsted by whistleblowers. However, it is essential that information sharing that would help to protect a child’s wellbeing is not hampered. This imperative should override concerns about breaking confidence.
Amendments 90 and 151 are essential because of the Bill’s new powers for local authorities to share data from their “children not in school” registers with the agencies listed in section 11 of the Children Act 2004 and with Ofsted, in line with well-established practices, and to share information to protect and promote the wellbeing of children. The amendments will ensure that local authorities can have confidence that they are acting in the children’s best interest when doing so. There are well-established processes and existing expectations on these agencies to share information to protect and promote the wellbeing of children. Without these amendments, local authorities and these agencies may be concerned that they will be restricted in the information that they can share or receive from the “not in school” register. This information is relevant to help local authorities undertaking safeguarding, welfare and education relating to children, so it is crucial that it can be shared when appropriate.
These amendments serve to strengthen the Bill and ensure that it works as intended to keep children safe, to secure their education and to ensure that each and every family can access a brilliant local school, which is the cornerstone of opportunity for every child. I thank right hon. and hon. Members again for their scrutiny and challenge to the Bill so far. I look forward to listening to the debate, because there is no subject on which the House feels so passionately as the future of our children, and the steps that we must take to ensure thatsb each and every one of them can achieve and thrive.
Catherine McKinnell
I thank all hon. Members for their contributions, some of which have been well considered and delivered powerfully—others less so. This Government’s mission is to break down barriers to opportunity by driving high and rising standards. That has to be the right of every child, delivered through excellent teaching and leadership, a high-quality curriculum, and a system that removes the barriers to learning that hold too many children back, all underpinned by strong and clear accountability. This Bill delivers the legislative elements of the broader vision that we are determined to deliver. As part of that, from next term free breakfast clubs will start being rolled out in early adopter schools across the country, including special schools and alternative provision settings. Members who tabled amendments 2, 219 and 220 are right that it is critical that the new breakfast clubs are accessible for children with special educational needs and disabilities. All pupils, including those with SEND and those in special schools, are already in the existing drafting of the clause. The need to get this right is why we are testing, and learning through, the early adopter programme.
On amendments 214, 215, 217 and 218, it is important to be clear on the distinction between food-only options being “alongside” or “instead of” the breakfast clubs. The club is as important as the breakfast. It gives children a settled start to the day and will secure improvements in attendance and behaviour, so the right approach is to legislate to give schools certainty of the minimum they need to provide and to work with early adopters to see how schools can maximise attendance at these clubs. To promote food-only offers may risk undermining the club element.
Let us be clear: we inherited a shameful legacy from the previous Government. Compared with when Labour last left office, 700,000 more children are growing up with their lives and life chances scarred by poverty. Children cannot achieve or thrive if the stressors and strains of growing up in poverty—of seeing their parents worried about putting food on the table, of being concerned about their younger siblings or whether their friends will judge them for not having the basics—are put on their shoulders. I know my hon. Friends share the Government’s concern for those children and their futures. We have set up the child poverty taskforce chaired by my right hon. Friends the Education Secretary and the Work and Pensions Secretary to look at how we can work across Government to tackle the causes and impacts of poverty on children’s lives.
The support the Government provide through their school food programmes to enable families to access healthy, nutritious food is being considered as part of that work. It is right that these considerable reforms, such as extending universal infant free school meals to all primary pupils, are considered through this route in a holistic way. Alongside the work of the taskforce, we are making progress to make it easier for families to access their entitlements, and I recognise the concern that right hon. and hon. Members have for children missing out.
The Government are pressing ahead with making it quicker and easier for families and local authorities to get children signed up for free school meals with our new eligibility checking system, which allows parents to check their eligibility and supports the local efforts we have seen to ensure that children receive that support. Further, I can confirm that our officials are working with the Government Digital Service in the Department for Science, Innovation and Technology to explore options on further data sharing to get more families signed up for their entitlements. We expect to have those provisions in place from next year, well ahead of the academic year beginning in September 2026.
Our officials are working with the Department for Work and Pensions to explore options on supporting enrolment through universal credit. My Department will monitor the impact of those policies and engage with local authorities to assess the impact of the changes on the uptake of free school meals. I would be happy to update the House on that work and write to the Chair of the Education Committee, my hon. Friend the Member for Dulwich and West Norwood (Helen Hayes), by way of doing so.