Children’s Wellbeing and Schools Bill

Olivia Bailey Excerpts

Monday 9th March 2026 Commons Chamber

[The Parliamentary Under-Secretary of State for Education (Olivia Bailey)]

I beg to move, That this House disagrees with Lords amendment 2.

[Madam Deputy Speaker (Judith Cummins)]

With this it will be convenient to discuss:

Lords amendment 5, and Government motion to disagree.

Lords amendment 16, and Government motion to disagree.

Lords amendment 17, and Government motion to disagree.

Lords amendment 19, and Government motion to disagree.

Lords amendment 21, and Government motion to disagree.

Lords amendments 37 and 38, Government motions to disagree, amendments (a) to (c) to Lords amendment 38, and Government amendments (a) to (d) in lieu of Lords amendments 37 and 38.

Lords amendment 41, and Government motion to disagree.

Lords amendment 42, and Government motion to disagree.

Lords amendment 44, and Government motion to disagree.

Lords amendment 102, and Government motion to disagree.

Lords amendment 105, and Government motion to disagree.

Lords amendment 106, Government motion to disagree, and amendment (a).

Lords amendments 1, 3, 4, 6 to 15, 18, 20, 22 to 36, 39, 40, 43, 45 to 101, 103, 104

and 107 to 121.

[Olivia Bailey]

Children’s voices are heard rarely in this place and are too often ignored in our society, so I say at the outset that it is truly a special privilege to play my part in the passage of this landmark legislation. This Bill is about creating the conditions in which every child can achieve and thrive, to ensure safer and more secure childhoods, to tackle the scrouge of child poverty and to deliver high and rising school standards. Today I ask the House to renew its commitment to that ambition for our children and our country. I extend my thanks to my colleague and friend, Baroness Smith of Malvern, the Minister for Skills, for her skilful stewardship of the Bill. I ask hon. Members to back the Government amendments made in the other place that increase the ambition of the legislation.

In part 1 of the Bill, we have introduced a new duty on local housing authorities to, with consent, notify educational institutions, GP practices and health visiting services when a child is placed in temporary accommodation. We have also strengthened the Government’s work to put the voices of children at the heart of decisions about their futures, with amendments on family group decision making and the kinship local offer.

[Chris Vince (Harlow) (Lab/Co-op)]

On that point, will the Minister give way?

[Olivia Bailey]

Sorry, but I have to make progress as I have so much to get through.

Turning to part 2 of the Bill and schools, we are taking forward our historic strategy to lift children out of poverty. As my hon. Friend the Member for Portsmouth South (Stephen Morgan) set out last year, from September all children in households receiving universal credit will be eligible for free school meals. That will put £500 back in families’ pockets, support 500,000 more children with a nutritious meal and lift 100,000 children out of poverty. That is the difference that this Labour Government are making for children and families. We are supporting this by upgrading the eligibility checking system, making it much easier for local authorities, schools and parents to confirm free school meal eligibility.

Finally, the Government are also enabling the introduction of academy trust inspection and giving powers to the Secretary of State where academy trusts are not meeting acceptable standards.

I will now turn to the 13 non-Government amendments made in the other place, first the amendments relating to child protection. On Lords amendment 2, statutory guidance is already clear that a multi-agency conference should take place to review whether the child protection plan should be discharged. On Lords amendment 5, effective multi-agency child protection practices that prevent tragedies and save lives needs to happen now—further delay is unacceptable. In addition, evaluation is already under way, and regulations to give multi-agency child protection teams their functions will be subject consultation and parliamentary scrutiny.

[Jim Shannon (Strangford) (DUP)]

There is much positivity in what the Government are bringing forward. Back in Northern Ireland, Minister Paul Givan has brought forward a pilot scheme to take smartphones out of the classroom while children are in school. Has the Minister considered that positive strategy? If it is a positive in Northern Ireland, I think it would be a positive here as well.

[Olivia Bailey]

I thank the hon. Gentleman for that important intervention; I will turn to that matter in due course.

The Government cannot support Lords amendment 44 on principle. Extending the consent requirement would risk discouraging families from seeking or continuing to receive help or support. The amendment suggests that a child’s or a family’s circumstances can never change.

[Mr Will Forster (Woking) (LD)]

On that point, will the Minister give way?

[Olivia Bailey]

I am sorry but I am going to make some progress.

I will now turn to the amendments relating to looked-after children and deprivation of liberty. Lords amendment 16 concerns a proposed review of the level of funding for the adoption and special guardianship support fund. We all know the importance of effective support for the success of adoptive families. That is why the Under-Secretary of State for Education, my hon. Friend the Member for Whitehaven and Workington (Josh MacAlister), announced £55 million for the fund in 2026-27 and confirmed that the fund will continue in 2027-28. He also announced a 12-week consultation on adoption support, including the ASGSF. I am sure that hon. Members will agree that it is important that we do not undermine the integrity of the consultation by undertaking a separate review.

Lords amendment 17 intends to strengthen relationships between looked-after children and their siblings. In practice, it would require local authorities to record in the care plan any contact arrangements made between looked-after children and any sibling they are not living with.

I am proud that this Government have set out the biggest reforms to the children’s social care system in a generation. In particular, we are implementing changes to expand fostering, creating 10,000 additional places for children, and resetting the system to back kinship care, so that more children can grow up safely with people who already know and love them. These changes will allow many more children who grow up in care to spend time with their brothers or sisters.

[Melanie Onn (Great Grimsby and Cleethorpes) (Lab)]

I congratulate the Government on making kinship care central to their policies. Many children in care experience significant disruption in their lives, through multiple home moves and school changes, and relationships with their brothers and sisters are so central to a child’s sense of identity, belonging and emotional security. Will the Minister look again at how regulations and guidance could better ensure that those relationships are protected?

[Olivia Bailey]

I agree with my hon. Friend about the importance of sibling relationships. Lords amendment 17 would do little to advance that cause, but the reforms that we are driving forward on children’s social care will.

Lords amendment 19 seeks to include integrated care boards in regional co-operation arrangements. The Government agree that is important to include health partners in regional arrangements to improve looked-after children’s outcomes, but there are already legal requirements on local authorities to do this. These duties will continue to apply to local authorities that form regional care co-operatives, and the amendment is therefore unnecessary.

Lords amendment 21 concerns joint funding arrangements for children deprived of their liberty. Mechanisms for pooled funding already exist and work well in some areas, and legislating now would be premature ahead of pilots that will test effective models.

Lords amendments 41 and 42 seek a monetary cap rather than a numeric limit on branded school uniform. I welcome their lordships’ support of the Government’s aim to tackle the cost of uniform for parents. Our manifesto was clear that we will limit of branded items of uniform required, so uniforms make children look smarter but do not make families poorer. However, these amendments would undermine our shared aims. A cost cap would risk creating perverse incentives for schools by creating a financial target; many schools could require more branded items, reducing savings for parents.

A cost cap would require Government to regulate for wider, unworkable factors, including how many spares parents might buy, cost variations for clothing sizes and even promotional pricing. It would also impose new bureaucracy on schools to carry out regular retail price monitoring, often across multiple suppliers. We recognise concerns about high-cost individual items, which is why we will strengthen existing cost guidance to be clear that high-cost compulsory branded uniform items should be avoided.

Lords amendment 102 seeks to limit the circumstances in which the adjudicator can specify a lower published admissions number following an upheld objection. Every parent should be able to send their child to a good local school, and we want a choice of good schools for all families. That is why, when we bring forward the updated statutory school admissions code, it will make securing a high-quality education and high levels of parental choice central factors in any decision on PAN. However, at a time of declining pupil numbers, schools acting unilaterally in isolation can put that parental choice at risk. That is exactly why clause 56, unamended, is essential to help to ensure that all schools and local authorities work together to ensure that place-planning delivers a choice of high-quality schools for all families.

[Iqbal Mohamed (Dewsbury and Batley) (Ind)]

I completely agree with the Minister’s position; parents should have the choice to send their child to whichever school they believe is best for them. In relation to admissions, one of my first cases after becoming an MP was an automatic off-rolling of a child after she had been absent for 20 days, despite the absence having been communicated to the school and extended due to a bereavement. She was off-rolled with no process and no review, and she was out of school for nine months. Will the Minister consider reviewing this punitive policy to ensure that there is a formal review before a child is removed from their preferred school?

[Madam Deputy Speaker (Judith Cummins)]

Order. The Minister is being very generous with her time. However, she will be aware that many Members wish to speak in this debate. As it stands, that will be very difficult, given the time constraints.

[Olivia Bailey]

If the hon. Gentleman writes to me about that case, I am happy to look into it for him. Off-rolling absolutely should not be happening.

Let me turn to the crucial issue of allergies. Lords amendment 105 seeks to introduce mandatory allergy safety provisions for all schools. The Government agree with Members across the House who have been campaigning for improved allergy safety in schools, including my hon. Friend the Member for Redditch (Chris Bloore) and the hon. Member for Rutland and Stamford (Alicia Kearns). Last week, we published draft statutory guidance, which will be in force in September. It sets out clearly that schools should have a dedicated allergy safety policy and stock spare adrenalin devices, as well as whole-staff allergy awareness training.

At the launch, I had the privilege of joining Helen and Peter Blythe, and their wonderful daughter Etta. Their campaigning in memory of their son, Benedict, has been both brave and instrumental. We recognise their argument about allergy safety requiring the strongest protections. That is why I am pleased to confirm—with Helen in the Gallery today—that we will put Benedict’s law on the statute book, with our own amendment to require schools to have and publish an allergy safety policy, to have regard to statutory guidance and to give powers to the Secretary of State to make regulations relating to allergy safety. This will protect children with allergies in schools and ensure that our guidance can evolve as clinical advice changes. I am sure the whole House will join me in thanking Helen once again for her bravery and brilliant campaigning.

[Alicia Kearns (Rutland and Stamford) (Con)]

I thank the Minister for recognising that we need to legislate to protect children with allergies in schools. Can she reassure us that the Benedict Blythe Foundation, Helen and the MPs who have campaigned for this will see the amendment at the very earliest opportunity before it goes to the Lords, so we can ensure that Benedict’s law is delivered in full?

[Olivia Bailey]

Absolutely—I can give that assurance. I am afraid that I cannot take any further interventions, because I must get through the last section of my speech.

Let me turn to Lords amendments 37, 38 and 106, on social media, VPNs and phones in schools. I acknowledge the strength of feeling on these issues in both this House and the other place. The Online Safety Act 2023 brought in strong protections, but this Government have always been clear that we will build on its foundations. We know that parents across the country worry about what social media is doing to their children’s sleep, concentration and mental health. Many feel that they are fighting a losing battle against platforms designed to keep children scrolling.

Many parents and campaign groups have called for an outright ban on social media for under-16s. Others, including children’s charities, have warned that a blanket ban could drive children towards less regulated corners of the internet or leave teenagers unprepared when they do come online. That is why last week the Government launched a consultation to seek views to help to shape our next steps and ensure that children can grow up with a safer, healthier and more enriching relationship with the online world. The consultation will be open until 26 May, and we will respond in the summer.

The consultation already addresses the areas covered by the Lords amendments. Crucially, the consultation goes beyond the Lords amendments and seeks a view on a range of other issues, including children’s use of AI chatbot services, mandatory overnight curfews, whether platforms should be required to switch off addictive features, and whether the digital age of consent in the UK general data protection regulation should be raised from 13.

We are also ensuring that we can act swiftly and decisively on the outcomes of the consultation. That is why we are proposing an amendment in lieu to allow us to act via regulation-making powers. These powers will allow the Secretary of State for Science, Innovation and Technology to restrict or ban children of certain ages from accessing social media services and chatbots, limit access to specific features that are harmful or addictive on these services, age-restrict or limit children’s VPN use, and change the age of digital consent in the UK GDPR if the outcomes of the consultation show that that is necessary. The specific measures will be shaped by what parents, children and experts tell us, and any regulations brought forward will require a vote in both Houses of Parliament, ensuring proper scrutiny.

[Mr Toby Perkins (Chesterfield) (Lab)]

Will the Minister give way?

[Olivia Bailey]

I cannot; I must make progress—I am so sorry.

We understand that we need to act swiftly, and rest assured that through these powers we will be able to do so. Let me be extremely clear that it is not a question of if we act, but how.

Finally, let me briefly turn to Lords amendment 106. We have always been clear that mobile phones have no place in schools, but because previous guidance was not sufficiently clear, we have published strengthened guidance so there can be no doubt that, from bell to bell, schools should be mobile phone free. We are also acting to ensure that bans are properly enforced. Our network of attendance and behaviour hubs will provide targeted support to schools that are struggling. From April, Ofsted will inspect schools’ mobile phones policies and enforcement. Our consultation is seeking views on whether we need to go further to support schools—for example, whether the guidance should be placed on a statutory footing.

Hon. Members have the chance tonight to vote to keep children safe online and offline, to tackle child poverty by putting money back into parents’ pockets, and to put in place a schools system that enables every child across all our schools to achieve and thrive. I urge the House to support this vision for our children and our country’s future, and to back the Government’s amendments in lieu. I look forward to the remainder of the debate.

[Madam Deputy Speaker (Judith Cummins)]

I call the shadow Secretary of State.

--- Later in debate ---

[Laura Trott]

I profoundly disagree with the hon. Gentleman. At a time of shrinking school places, it is important that it is the good school places that survive, and parents should make that choice, not bureaucrats.

The Government’s inability simply to admit that they got it wrong in the Bill, and that there is a better way of achieving the outcome they want, is ever present. Lords amendment 41, which would impose a cost cap on school uniform, is palpably better than having a cap on the number of items. It is the height of insanity to insist that it should be illegal for a school to use the football kit it received for free because that would be outside of the item limit. If anyone is thinking that this cannot actually be Government policy, I suggest that they read the guidance that sits alongside the legislation. It literally says that

“All loaned or gifted branded items will be captured within the limit if they are required to be worn”,

meaning that they come under the cap. That makes absolutely no sense.

[Olivia Bailey]

I thank the right hon. Lady for raising that specific point, but it is clear in the guidance that an item can be loaned as long as it is not compulsory. That is a perfectly reasonable situation that enables school sports teams to loan uniform items.

[Laura Trott]

The whole point is whether it is compulsory or not—that is the whole point of uniform, and I was reading directly from the guidance. It makes absolutely no sense; how is a child wearing something that they have been given for free going to increase costs for parents? If the “not invented here” syndrome were not running so rampant in the Department for Education, the change made by Lords amendment 41 would already have been made.

The same is true of Lords amendment 44. We all know the horrific case of Sara Sharif, which was used as a rationale for bringing forward many of the positive child protection measures in the Bill. The serious case review published at the end of last year set out multiple failings that led to Sara falling out of the system. That review states that, while well intentioned, this legislation would not have helped Sara, so we have brought forward amendment 44 to fix that. It ensures that consent would need to be sought from the local authority to homeschool any child who has ever had a child protection plan. That would mean that the Bill would have helped Sara, which is the Government’s stated aim, but guess what, Madam Deputy Speaker? The Government are now opposing that amendment. We are diligently doing the work an Opposition should do to improve the legislation, but it is being shrugged off by the Government—not on its merits, but because they do not want to accept anything from this side of the House. It is not good enough.

--- Later in debate ---

[Madam Deputy Speaker (Caroline Nokes)]

Order. I call the Minister to wind up.

[Olivia Bailey]

I thank Members from across the House for their varied and valuable contributions. We have heard a number of powerful speeches that made really important points. I am very sorry that I do not have enough time to respond in detail, but I will endeavour to write to Members who asked specific questions.

This is a Bill with opportunity at its heart—opportunity for every child, no matter the circumstances they are born into. It will make children safer online and offline, with our ambitious, swift action on social media and phones; it will help to tackle the cost of living crisis with our action on free school meals and the cost of uniforms; and it will drive up standards in our schools and improve outcomes for children in care.

Tonight, the House has the opportunity to support free school meals for half a million more children, swift action to protect our children online, and the most significant safeguarding measures in a generation. This is a landmark Bill, but it is also a Labour Bill—because it is ambitious for every single child in this country. I urge the House to support Labour’s vision for our children and for our country’s future.

Lords amendment 3 disagreed to.

Lords amendment 5 disagreed to.