Children's Wellbeing and Schools Bill (Thirteenth sitting)

Stephen Morgan Excerpts

Committee stage
Tuesday 11th February 2025 Public Bill Committees

[Ellie Chowns (North Herefordshire) (Green)]

I beg to move, That the clause be read a Second time.

New clause 5, in the name of the hon. Member for Stroud (Dr Opher), is a probing new clause, and I sincerely hope it will generate debate and action. Its purpose is to make the holiday activities and food programme statutory provision. Following Marcus Rashford’s high-profile campaign, the HAF programme was rolled out across England to provide children with nutritious food, childcare and activities in the holidays. One of its aims is to ensure children receive healthy and nutritious meals during the school holidays.

Nutrition is a key concern. Recent reports show an increase in hospital admissions for nutrient deficiencies, and that data should really ring alarm bells. The longevity of the cost of living crisis—it has been with us for years now—means that food insecurity has become the norm for many families, who are unable to buy staple nutritious products. Stark health inequalities are highly prevalent, particularly when it comes to diet-related poor health. The most deprived communities are affected disproportionately by much higher rates of food-related ill health and disease, including obesity, type 2 diabetes, cardiovascular disease and dental decay.

No doubt the Committee will be concerned by the food insecurity statistics collated by the Food Foundation, which show that 14% of UK households experience food insecurity, but inequalities mean that the number is much higher for certain groups. Among households with children, it is 18%. Among single-adult households with children, it is 31%. Among households of a non-white ethnicity, it is 26%—double the rate for white households. It is 32% for households with an adult limited a lot by disability, but 10% for households with non-disabled adults. Food insecurity and health inequalities go hand in hand.

In that already difficult context, school holidays are a known pressure point for families, which face extra food and childcare costs, and can have reduced incomes due to time of work to care for children. Evaluation of the HAF programme shows multiple benefits to families. In a qualitative review of HAF programme holiday clubs in Yorkshire, parents reported that children were eating more healthily and experiencing a wider variety of foods during those holiday programmes. Analysis of meals in five clubs in areas of high deprivation found that children eligible for free school meals who attended a club had better quality diets on days that they attended the club than on days that they did not attend.

HAF clubs provide free childcare to working families and help to reduce the costs associated with the loss of free school meals, which are significant for families in the holidays. Of course, they help to reduce learning loss over the summer holidays by providing enriching activities and physical activity for children.

But HAF funding is currently committed on a short-term basis. Although the current funding has just been extended for a year, short-term extensions periodically leave local authorities unable to plan provision in the long term. As a former councillor, I have seen for myself that a hand-to-mouth approach to funding creates uncertainty for club providers and leaves children at risk of holiday hunger if funding is not renewed. That is why the holiday activities and food programme must be secured and put on a statutory footing, alongside other crucial parts of the nutritional safety net such as free school meals and the Healthy Start scheme. I sincerely urge the Government to take this important step. Although this is a probing new clause, I very much look forward to the Minister’s response.

[The Parliamentary Under-Secretary of State for Education (Stephen Morgan)]

It is a pleasure to serve under your chairmanship, Sir Christopher. I turn to new clause 5, tabled by my hon. Friend the Member for Stroud (Dr Opher), on the topic of providing healthy meals and activities to children in receipt of free school meals during school holidays. I am grateful to the hon. Member for North Herefordshire for speaking to the new clause. She makes an important point about how local authorities provide support to children who receive a free school meal during term time and during school holidays, and we fully support local authorities in continuing to provide this support through the existing holiday activities and food programme.

The highly regarded HAF programme is established in every local authority across England and is already delivering vital support to children and families across the country during school holidays. The programme’s grant conditions already place an obligation on local authorities to make free holiday club places available to children in their area who receive benefits-related free school meals, and to provide meals that meet our school foods standards and to deliver physical activities in line with the chief medical officer’s guidance. Our non-statutory programme guidance provides comprehensive support to local authorities and holiday clubs on how they might best provide this support.

However, HAF does not provide only meals and activities; it goes much further. HAF clubs work with children to teach them about the importance of healthy eating and maintaining a healthy lifestyle. Children and their families can learn how to cook nutritious and tasty low-cost meals, and clubs can act as a referral point for families to get information, help and access to other services and support when they need it. Our programme does not support just children who receive free school meals. We provide local authorities with the flexibility to use up to 15% of their total HAF budget to work with other children and families who they deem to be vulnerable or at risk, which might include looked-after children with an education, health and care plan, or children who are at risk of exploitation and need somewhere safe during the school holidays.

Flexibility has been key to delivering the HAF programme in thousands of holiday clubs across the country. Placing a legal duty on local authorities to deliver food and activities to free school meal recipients would risk stifling the innovation that local authorities have to deliver HAF in a way that is right for their communities, and to allow them to develop and evolve year to year, whether that is through working with schools to target children with low school attendance rates or working with police and community organisations to support children at risk of involvement in gang violence.

Since they began delivering this programme in 2021, local authorities have built partnerships with organisations across the community and we have seen some wonderful examples of collaboration. One of our 2023 regional champions, based not far from the constituency of the hon. Member for North Herefordshire, was the Venture Community Hub in Gloucestershire, which was recognised for the work that it did with schools, businesses and charitable organisations. The local authority was instrumental in supporting it to build, adapt and develop a HAF programme that met the needs of the diverse community around it.

I am delighted to confirm that this great programme will be continuing for 2025-26, backed by funding of more than £200 million. Future funding for the programme will be determined by the spending review. I am grateful to the hon. Member for North Herefordshire for highlighting this important issue and we look forward to carrying on our work with local authorities across the country to continue to provide vital support for children and families during the school holidays. I therefore recommend that the Committee does not press the new clause to a vote.

[Ellie Chowns]

I beg to ask leave to withdraw the clause.

Clause, by leave, withdrawn.

New Clause 8

Identification of children eligible for free school meals

“After section 512ZA of the Education Act 1996 (power to charge for meals etc.) insert—

‘512ZAA Identification of children eligible for free school meals

(1) The Secretary of State must identify all children eligible for free school meals in England.

(2) A child’s eligibility for free school meals is not dependent on any application having been made for free school meals on their behalf.

(3) Where a child has been identified as eligible for free school meals, the Secretary of State must provide for this information to be shared with—

(a) the school at which the child is registered; and

(b) the relevant local education authority.

(4) Where a school has been informed that a child on its pupil roll is eligible for free school meals, the school must provide that child with a free school meal.

(5) A local education authority must provide the means for a parent or guardian of a child who has been identified as eligible for free school meals to opt out of the provision of a free school meal under subsection (4).’”—(Ellie Chowns.)

This new clause would place a duty on the Secretary of State to proactively identify all children eligible for free school meals in England, making the application process for free school meals opt-out rather than opt-in.

Brought up, and read the First time.

--- Later in debate ---

If the Labour party is serious about spreading opportunity, auto-enrolment is an absolutely necessary first step. Expanding free school meals and driving their take-up is an investment in the future of our children and our country, improving educational outcomes and reducing health disparities.

[Stephen Morgan]

Clause 31 is about the important issue of increasing the earnings threshold when it comes to families who receive free school meals. The Government have a central mission to break down barriers to opportunity for every child, which is why we would roll out a free breakfast club in every state-funded primary school so that children can start the day ready to learn. The continued provision of free school meals to disadvantaged pupils plays a crucial role in this mission, as well as in tackling child poverty.

The Government’s free school meal programme is more important than ever because we have inherited a trend of rising child poverty and a widening attainment gap between children eligible for free school meals and their peers. Child poverty has increased by 700,000 since 2010, with over 4 million children now growing up in a low-income family. Of course, that is the legacy of the previous Government, which the hon. Member for Twickenham has described as shameful. That is why we have committed to delivering a strategy to reduce child poverty through the new Child Poverty Taskforce. The taskforce will consider a range of policies, including free school meals, to assess what will have the biggest impact on driving down rates of child poverty.

I want to reassure the hon. Member for Twickenham about the reach of current programmes, under which 2.1 million disadvantaged children, accounting for 24.6% of all pupils in state-funded schools, are already eligible to receive benefits-based free school meals. A further 90,000 16 to 18-year-old students in further education are entitled to receive free school meals on the basis of low income. In addition, all pupils in reception, year 1 and year 2 in state-funded schools in England are entitled to universal infant free school meals, which benefits around 1.3 million children, ensuring that they receive a nutritious lunchtime meal.

The meals provide much-needed nutrition for pupils and can boost school attendance, improve behaviour and set children up for success by ensuring that they can concentrate and learn in the classroom, and get the most out of their education. In total, we already spend over £1.5 billion on delivering these programmes, and eligibility for benefits-based free school meals provides for the allocation of billions of additional pounds of funding for disadvantaged children.

We appreciate the continued engagement by the hon. Member for Twickenham with the issue of expanding the provision of free school meals to more pupils. We also recognise how important the issue is and want to ensure that free school meals are being delivered to the families who need them most. However, given the funding involved, this matter must be considered through the Child Poverty Taskforce and the multi-year spending review. I therefore ask the hon. Member for Twickenham not to press the amendment.

I turn to new clauses 8 and 67, tabled by my hon. Friend the Member for Stroud and the hon. Member for Twickenham respectively; of course, the hon. Member for North Herefordshire also spoke passionately to them earlier. The new clauses call for a system to be introduced that would increase registration for free school meals among families who meet the eligibility criteria for them, but are not currently claiming the entitlement.

At their core, we consider that the aim of these measures is to ensure that those who need it receive the support they are entitled to—a goal that we all support. We currently facilitate the process of claiming free school meals through provision of the eligibility checking system. That is a digital portal available to local authorities that makes verification of eligibility for free lunches quick and simple. That checking system is being redesigned to allow parents and schools to check eligibility independently of their local authorities. The system will make it quicker and easier to check eligibility for free school meals, and has the potential to further boost take-up by families who meet the eligibility criteria.

Further to that, we are aware of a range of measures being implemented by local authorities to boost the take-up of free lunches, as we heard earlier. Locally led efforts are more likely to meet the particular needs of the community, and we welcome local authorities taking action to ensure that families access the support for which they are eligible, subject to those activities meeting legal requirements, including those on data protection. In order to support those local efforts, my Department is working with the Department for Science, Innovation and Technology to explore legal gateways that could enable better data sharing.

In the meantime, we will continue to engage with stakeholders to understand the barriers for households who meet criteria for free lunches but are not claiming them. We are also considering further work to improve auto-enrolment. Improved enrolment for meals is needed in the context of the spending review and through the work of the child poverty taskforce. I thank hon. Members for their continued engagement on this policy, but I ask that new clauses 8 and 67 be withdrawn while we continue to keep free meals under review.

[Munira Wilson]

I will press both new clauses 31 and 67 to a vote later.

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[Neil O’Brien]

I beg to move That the clause be read a Second time.

The new clause presses Ministers to un-pause the final free schools. In October Ministers “paused” plans to open 44 new state schools, including three sixth-form colleges backed by Eton and, more importantly, by the brilliant Star Trust in Dudley, Middlesbrough and Oldham. Many of the proposals have had years of work put into them, and they are the passion projects of huge numbers of teachers and school leaders. They have the potential to do tremendous good in communities across the country, including some deprived communities. The new clause encourages the Government to end the damaging uncertainty for those schools, which have now been in limbo for a long time.

Free schools generally have fantastic progress scores, which are a quarter of a grade higher across all grades than would be expected given their intakes. That is exceptional across an entire type of school—an amazing result. When we look at Progress 8 scores in this country, free schools dominate the top of the league table. That is an amazing achievement from these passion projects—these labours of love—that have been created by teachers to help communities. We hope that Ministers will unblock the proposals soon, and end the uncertainty, so will the Minister give the Committee some sense of when these schools can expect a decision?

[Stephen Morgan]

I understand the hon. Member’s desire to ensure that approved free school projects, including two university technical college projects, open as planned, and I acknowledge the work that trusts and local authorities undertake to support free school projects to open. However, accepting the new clause would commit the Secretary of State to opening all projects in the current pipeline, regardless of whether they are still needed or represent value for money.

A range of factors can create barriers to a new school opening successfully, including insufficient pupil numbers to fill the school, or not being able to find a suitable site. That is why the Government have established practice of reviewing free school projects on an ongoing basis. As a result, over the lifetime of the programme, nearly 150 projects have been withdrawn by their sponsor trusts or cancelled by the Department.

The review that this Government announced in October 2024 has a strong focus on the need for places, and will ensure that we only open viable schools that offer value for taxpayers’ money. It would be wrong to spend funding on new schools that cannot be financially viable while existing schools urgently need that funding to improve the condition of their buildings. I therefore ask the shadow Minister to withdraw the new clause.

[Neil O’Brien]

I am disappointed to hear that from the Minister, and we are also disappointed not to hear any date for when the schools, which all those people—people with an incredible track record in our deprived communities—have worked so hard to bring into existence, will open. Will he commit to write to us to say when those people can expect a decision? The uncertainty, which is so damaging, has been going on for so long. At the moment it is without end, and no one knows when they will get an answer from the Government. I wonder whether the Minister write to us—or, more to the point, to those people—to say when they can at least expect an answer one way or the other.

I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 21

School attendance: general duties on local authorities

“In Chapter 2 of Part 6 of the Education Act 1996 (school attendance), after section 443 insert—

‘School attendance: registered pupils, offences etc

443A School attendance: general duties on local authorities in England

(1) A local authority in England must exercise their functions with a view to—

(a) promoting regular attendance by registered pupils at schools in the local authority’s area, and

(b) reducing the number and duration of absences of registered pupils from schools in that area.

(2) In exercising their functions, a local authority in England must have regard to any guidance issued from time to time by the Secretary of State in relation to school attendance.’”—(Neil O’Brien.)

Brought up, and read the First time.

--- Later in debate ---

[Neil O’Brien]

This series of new clauses on attendance is intended, as with other amendments on discipline, to add to the Bill content on some of the biggest issues that are facing our schools, and which our teachers consistently rate as among the most important issues facing the school system. Although there has been recovery since the nadir of the post-pandemic period, as I look at attendance figures every week I worry that we are topping out at a level that is below pre-pandemic norms. For the current academic year we are at 18.7% persistent absence, compared with 10.9% pre-pandemic. That is a huge increase. When debating proposals in Westminster Hall from people who wanted to make it easier to take children out of schools, we and Ministers strongly agreed about the powerful negative impact that can have. Even small changes in attendance can have unbelievably large effects on overall achievement.

I will not labour the new clauses, because I am conscious of the time we have today and the need for many Members to get in. They were tabled to emphasise how important this issue is. I am sure Ministers agree; we are really just encouraging them to try to do more. In the most recent data, unauthorised absence is slightly up on last year. I am left with a feeling that something big is needed on this front. The new clauses are really just a way of encouraging Ministers to push hard on this vital issue.

[Stephen Morgan]

New clauses 21 and 22 seek to place new duties on local authorities and schools with regard to school attendance. Absence from school is one of the biggest barriers to success for children and young people, and has soared over recent years. We inherited a legacy of record levels of poor attendance, which impacts the life chances of all our young people, particularly the most disadvantaged. We are determined to work with the sector to tackle that legacy. That includes working with schools, which are uniquely placed to address the issue, and local authorities, which play a key role in supporting pupils whose absence is more entrenched and who face out-of-school barriers to attendance.

We naturally want to see consistency in this area, and to ensure that parents clearly understand how they will be supported if their child is having difficulties. However, we do not need the new clauses to do that. Both schools and local authorities are already subject to the statutory guidance on attendance introduced last summer. Since then, we have been supporting schools through a network of attendance hubs and our recently released attendance toolkit, and local authorities through our team of attendance advisers. Both have made significant progress in improving the support that they offer to children on attendance.

The challenge is to build on that progress, working in partnership. We will continue to ensure that teachers and staff are equipped to make school the best place to be for every child, by delivering free breakfast clubs in every primary school so that every child is on time and ready to learn, by delivering better mental health support through access to professionals, and by improving inclusivity in mainstream schools. We will support local authorities through the £263 million in new funding that we have already announced in the new children’s social care prevention grant, so that families can get the support they need, when they need it.

Schools and local authorities understand their responsibilities to promote school attendance, and we will provide them with the tools that they need to fulfil those responsibilities. The new clauses are not necessary for us to do that. Therefore, for the reasons I have outlined, I kindly ask the shadow Minister not to press them.

New clause 23 relates to the circumstances in which a fixed penalty notice for school absence may be issued. The right approach to tackling school absence is one of support first. One of the most important things that parents do for their children’s learning, wellbeing and life chances is ensuring that they go to school every day, and that they are well enough to do so. We want to support the system and support parents to provide help where needed to overcome attendance problems. However, there are cases where support has been provided and not engaged with, and cases where support would not be appropriate. In such cases, there is a range of legal interventions available to ensure that children are not deprived of their right to an education.

It is important that the system treats families equally and that there is consistency across the country in how fixed penalty notices are considered, but the new clause is not needed to achieve that. The previous Government introduced a national threshold for considering when a fixed penalty notice should be issued, and an expectation that support should be offered first in cases other than term-time holidays. This Government have continued that policy. On the basis that neither this Government nor the previous one considered the new clause to be necessary, I ask hon. Members not to press it.

Finally, I turn to new clause 24. I appreciate hon. Members’ concern on this matter, and their desire for academies to follow rules on granting leave of absence. One of the many ways in which schools encourage regular attendance is by making it clear to parents—

[The Chair]

Order. The Committee will meet again at 2 o’clock.