Children’s Wellbeing and Schools Bill

Stephen Morgan Excerpts

Monday 17th March 2025 Commons Chamber

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

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

[Madam Deputy Speaker (Ms Nusrat Ghani)]

With this it will be convenient to discuss the following:

Government new clause 19—Cases in which duty under section (Corporate parenting responsibilities)(1) does not apply.

Government new clause 20—Corporate parenting duty: collaborative working.

Government new clause 21—Duty to have regard to guidance.

Government new clause 22—Reports by Secretary of State.

New clause 3—National Care Offer—

“(1) The Secretary of State must, within 18 months of the passing of this Act, publish a document (the “National Care Offer”) which sets out the minimum standards of information that local authorities must publish under section 2 of the Children and Social Work Act 2017 (local offer for care leavers).

(2) Before publishing or revising the National Care Offer, the Secretary of State must consult with persons that appear to the Secretary of State to represent the interests of care leavers.

(3) Where a consultation under subsection (2) results in recommendations to be made to the National Care Offer, the Secretary of State must—

(a) make the recommended changes or otherwise implement the recommendations; or

(b) where not intending to make the recommended changes or otherwise implement the recommendations, publish a response to the consultation outlining the reasons for the Secretary of State’s decision and the action that will be taken instead.”

This new clause would require the Secretary of State to consult on and publish a draft National Care Offer, which sets minimum standards for local care offers, within 18 months of this Act coming into force.

New clause 4—Health assessments to include mental health practitioner—

“In regulation 7 of the Care Planning, Placement and Case Review (England) Regulations 2010, after “practitioner” in paragraph (1) insert “and a registered mental health practitioner”.”

This new clause would make an assessment of the mental health of children in care a core part of the health assessment of those children by ensuring a mental health practitioner is involved in the assessment.

New clause 8—Abolition of common law defence of reasonable punishment—

“(1) The Children Act 2004 is amended as follows.

(2) In section 58 (Reasonable Punishment: England), omit subsections (1) to (4).

(3) After section 58, insert—

“58A Abolition of common law defence of reasonable punishment

(1) The common law defence of reasonable punishment is abolished in relation to corporal punishment of a child taking place in England.

(2) Corporal punishment of a child taking place in England cannot be justified in any civil or criminal proceedings on the ground that it constituted reasonable punishment.

(3) Corporal punishment of a child taking place in England cannot be justified in any civil or criminal proceedings on the ground that it constituted acceptable conduct for the purposes of any other rule of the common law.

(4) For the purposes of subsections (1) to (3) “corporal punishment” means any battery carried out as a punishment.

(5) The Secretary of State may make regulations for transitory, transitional or saving provision in connection with the coming into force of this section.

(6) The power to make regulations under subsection (5) is exercisable by statutory instrument.

58B Promotion of public awareness and reporting

(1) The Secretary of State must take steps before the coming into force of section 58A to promote public awareness of the changes to the law to be made by that section.

(2) The Secretary of State must, five years after its commencement, prepare a report on the effect of the changes to the law made by section 58A.

(3) The Secretary of State must, as soon as practicable after preparing a report under this section—

(a) lay the report before Parliament, and

(b) publish the report.

(4) The Secretary of State may make regulations for transitory, transitional or saving provision in connection with the coming into force of this section.

(5) The power to make regulations under subsection (4) is exercisable by statutory instrument.””

This new clause would abolish the common law defence of reasonable punishment in relation to corporal (physical) punishment of a child taking place in England, amend certain provisions of the Children Act 2004 relating to corporal punishment of children and place a duty on the Secretary of State to report this change.

New clause 13—Review of adoption support offered by local authorities—

“(1) The Secretary of State must, within 12 months of the passing of this Act, conduct a review of the adequacy and effectiveness of adoption support services provided by local authorities.

(2) The review must include services provided by adoption agencies which have been commissioned by local authorities.

(3) The review must consider in particular—

(a) any updates required to existing regulations and guidance relating to adoption; and

(b) the support needs of, and support services currently available or provided to—

(i) relevant parties in relation to birth family contact;

(ii) young adult adoptees in relation to their transition to adulthood; and

(iii) adult adoptees.

(4) Within six months of the completion of the review, the Secretary of State must publish and lay before Parliament a report on the findings and conclusions of the review.”

New clause 14—Notification when a child is placed into temporary accommodation—

“(1) This section applies where a local authority is exercising its duty under Section 189B of the Housing Act 1996 (Initial duty owed to all eligible persons who are homeless) to allocate temporary accommodation to a household which includes a child.

(2) A local authority must notify the following of the household’s homelessness status—

(a) the child’s school, and

(b) the child’s registered GP practice.

(3) The Secretary of State must issue guidance to schools and GPs on how to safeguard and promote a child’s welfare and wellbeing following receipt of a notification under subsection (2).

(4) A local authority must, before issuing a notification under subsection (2), request the consent of the household for the sharing of information relating to the household’s homelessness status.

(5) Subsection (2) does not apply if the household has not consented to the local authority sharing information about it.”

This new clause would establish a notification system requiring local authorities to alert schools and GPs, when a child is placed into temporary accommodation. The notification can only occur when the child’s parent or guardian consent to the sharing of this information.

New clause 15—Implementation of recommendations of the Independent Inquiry into Child Sexual Abuse—

“(1) The Secretary of State must, within 6 months of the passing of this Act, take steps to implement the recommendations made in the final report of the Independent Inquiry into Child Sexual Abuse listed below.

(2) The recommendations are—

(a) the establishment of a single core data set on child sexual abuse and child sexual exploitation in England and Wales;

(b) the establishment of Child Protection Authorities for England and Wales;

(c) the creation of cabinet Ministers for Children in the UK and Welsh Governments;

(d) the commissioning of regular public awareness campaigns on child sexual abuse;

(e) the amendment of the Children Act 1989 to provide for court action where there is reasonable cause to believe that a child in the care of a local authority is experiencing or is at risk of experiencing significant harm;

(f) the creation of registration systems for care staff in children’s homes, young offender institutions and secure training centres;

(g) greater use of the barred list in relation to persons recruiting individuals to work or volunteer with children on a frequent basis;

(h) the improvement of compliance with statutory duties to notify the Disclosure and Barring Service of the suitability of individuals to work with children;

(i) the extension of the powers of the Disclosure and Barring Service to provide enhanced certificates to people working with children overseas; and

(j) the provision of specialist and accredited therapeutic support to child victims of sexual abuse.

(3) The Secretary of State must, after a period of six months has elapsed from the passing of this Act and at 12 monthly intervals thereafter, publish a report detailing the steps taken by the Government to implement each of the recommendations listed above.

(4) A report published under subsection (3) must include—

(a) actions taken to meet, action or implement each of the recommendations;

(b) details of any further action required to implement each of the recommendations or planned to supplement the recommendations;

(c) consideration of any challenges to full or successful implementation of the recommendations, with proposals for addressing these challenges so as to facilitate implementation of the recommendations; and

(d) where it has not been practicable to fully implement a recommendation—

(i) explanation of why implementation has not been possible;

(ii) a statement of the Government’s intention to implement the recommendation; and

(iii) a timetable for implementation.”

New clause 25—Kinship care leave—

“(1) The Secretary of State must, by regulations, entitle an individual to be absent from work on care leave under this section where—

(a) the individual is a kinship carer, and

(b) the individual satisfies conditions specified in the regulations.

(2) Regulations made under subsection (1) must include provision for determining—

(a) the extent of an individual’s entitlement to leave under this section; and

(b) when leave under this section may be taken.

(3) Provision under subsection (2)(a) must secure that—

(a) where one individual is entitled to leave under this section, they are entitled to at least 52 weeks of leave; or

(b) where more than one individual is entitled to leave under this section in respect of the same child, those individuals are entitled to share at least 52 weeks of leave between them.

(4) An employee is entitled to leave under this section only if the eligible kinship care arrangement is intended to last—

(a) at least one year, and

(b) until the child being cared for attains the age of 18.

(5) For the purposes of this section, a “kinship carer” has the meaning given in section 22I of the Children Act 1989, as inserted by section 5 of this Act.

(6) Regulations made under this section may make provision about how leave under this section is to be taken.”

New clause 26—Kinship care allowance—

“(1) A person is entitled to a kinship care allowance for any week in which that person is engaged as a kinship carer in England.

(2) For the purposes of this section, a “kinship carer” has the meaning given in section 22I of the Children Act 1989, as inserted by section 5 of this Act.

(3) A person is not entitled to an allowance under this section unless that person satisfies conditions prescribed in regulations made by the Secretary of State.

(4) A person may claim an allowance under this section in respect of more than one child.

(5) Where two or more persons would be entitled for the same week to such an allowance in respect of the same child, only one allowance may be claimed on the behalf of—

(a) the person jointly elected by those two for that purpose, or

(b) in default of such an election, the person determined by, and at the discretion of, the Secretary of State.

(6) Regulations may prescribe the circumstances in which a person is or is not to be treated for the purposes of this section as engaged, or regularly and substantially engaged, in caring for a child under an eligible kinship care arrangement.

(7) An allowance under this section is payable at the weekly rate specified by the Secretary of State in regulations.

(8) Regulations under subsection (7) may specify—

(a) different weekly rates for different ages of children being cared for, or

(b) different weekly rates for different regions of England.

(9) Regulations under subsection (7) must specify a weekly rate that is no lower than the minimum weekly allowance for foster carers published by the Secretary of State pursuant to section 23 of the Care Standards Act 2000.”

New clause 27—Extension of pupil premium to children subject to a kinship care arrangement—

“(1) The Secretary of State must, for the financial year beginning 1 April 2026 and for each year thereafter, provide that an amount is payable from the pupil premium grant to schools and local authorities in respect of each registered pupil in England who is who is a child living in kinship care.

(2) The amount payable under subsection (1) must be equal to the amount that is payable for a pupil who is a looked after child.

(3) In this section—

“a child living in kinship care” is to be interpreted in the same manner as given in section 22I of the Children Act 1989, as inserted by section 5 of this Act.

“looked after child” has the same meaning as in the Children Act 1989;

”pupil premium grant” means the grant of that name paid to a school or a local authority by the Secretary of State under section 14 of the Education Act 2002 (power of Secretary of State and Senedd Cymru to give financial assistance for purposes related to education or children etc).”

New clause 28—Admissions arrangements relating to looked after children and children in kinship care—

“(1) For section 88B of the School Standards and Framework Act 1998 (admission arrangements relating to children looked after by local authority) substitute—

“88B Admissions arrangements relating to looked after children and children in kinship care

(1) Regulations may require the admission authorities for maintained schools in England to include in their admission arrangements provision relating to the admission of children who are—

(a) looked after by a local authority in England, or

(b) living in kinship care as may be prescribed.

(2) Regulations under subsection (1) may in particular include provision for securing that, subject to sections 86(3), 86B(2) and (4) and 87, such children are to be offered admission in preference to other children.

(3) In this section, “children who are living in kinship care” is to be interpreted in the same manner as given in section 22I of the Children Act 1989, as inserted by section 5 of this Act.””

New clause 29—Establishment of National Wellbeing Measurement Programme—

“(1) The Secretary of State must establish a national children and young people’s wellbeing measurement programme.

(2) A programme established under this section must—

(a) conduct a national survey of the mental health and wellbeing of children and young people in relevant schools in England;

(b) support schools in the administration of the survey

(c) make provision for parental and student consent to participation in the survey, ensuring that participation is voluntary and that results are handled confidentially; and

(d) regularly publish the results of the survey and provide relevant data to participating schools, local authorities and other public bodies for the purposes of improving children and young people’s wellbeing.

(3) A programme established under this section must—

(a) be developed and piloted within two years of the passing of this Act;

(b) be fully implemented in England no later than the start of the academic year three years after the passing of this Act;

(c) be reviewed as to its effectiveness by the Secretary of State every three years.

(4) Any review of the programme under subsection (3)(c) must be published and laid before Parliament.

(5) For the purposes of this section “relevant school” means—

(a) an academy school,

(b) an alternative provision Academy,

(c) a maintained school,

(d) a non-maintained special school,

(e) an independent school, or

(f) a pupil referral unit, other than where established in a hospital.”

This new clause would place a duty on the Secretary of State to introduce a national programme to regularly measure and report on the mental health and wellbeing of children and young people in schools.

New clause 30—Benefits of outdoor education to children’s wellbeing—

“(1) The Secretary of State must, within six months of the passing of this Act, conduct a review on the benefits of outdoor education to children's wellbeing.

(2) A report on the review must be published within six months of the conclusion of the review.”

New clause 33—National standards for children in need thresholds—

(1) The Secretary of State must, within a year of the passing of this Act, conduct a review of the operation of section 17 of the Children Act 1989 (Provision of services for children in need, their families and others).

(2) The review must assess regional and national variation in the type, frequency, and duration of support provided to children through child in need plans.

(3) The recommendations of the review must include the setting of—

(a) metrics in the Department for Education’s Children’s Social Care Dashboard for assessing the progress of children with child in need plans, and

(b) national guidance for local authorities defining the thresholds of need that children and families must meet to be offered children in need support.

(4) The national guidance issued under section (2)(b) must include—

(a) national triggers for an automatic referral to children’s social care, including when a primary care giver enters custody or inpatient mental health provision, and when a child is arrested,

(b) the Secretary of State’s expectations on how often children should receive help,

(c) the Secretary of State’s expectations on how frequently a child’s support should be reviewed when they have a child in need plan, and

(d) any other matters that the Secretary of State deems appropriate.”

The purpose of this new clause is to reduce regional variations in the type, frequency and duration of support that children receive through child in need plans.

New clause 35—Extension of priority need status to under 25s—

“(1) The Homelessness (Priority Need for Accommodation) (England) Order 2002 is amended as follows.

(2) In article (4), paragraph (1)(a), omit “twenty-one” and insert “twenty-five”.

(3) In article (5), omit paragraph (1).”

This new clause would extend the priority need status under homelessness legislation to all care leavers up to the age of 25, regardless of vulnerability.

New clause 36—Action to promote children’s wellbeing in relation to mobile phones and social media—

“(1) Within 12 months of the passing of this Act, the Secretary of State must, for the purposes of promoting the wellbeing of children—

(a) direct the Chief Medical Officers of the United Kingdom (“the UK CMOs”) to prepare and publish advice for parents and carers on the use of smartphones and social media use by children,

(b) publish a plan for research into the impact of use of social media on children’s wellbeing, and

(c) require all schools in England to have a policy that prohibits the use and carrying of certain devices by pupils during the school day.

(2) Any advice published under subsection (1)(a) must have regard to—

(a) the paper published on 7 February 2019 entitled “United Kingdom Chief Medical Officers’ commentary on ‘Screen-based activities and children and young people’s mental health and psychosocial wellbeing: a systematic map of reviews’”, and

(b) any scientific or other developments since the publication of that paper which appear to the UK CMOs to be relevant.

(3) Any policy implemented under subsection (1)(c)—

(a) may provide for exemptions from the policy, or for an alternative policy, for sixth form students, in so far as such exemptions or alternative policies do not negatively impact upon the wider policy;

(b) may provide for exemptions for medical devices;

(c) is to be implemented as the relevant school leader considers appropriate; and

(d) may, where implemented by a boarding school or residential school, include appropriate guidance for the use of certain devices during other periods which their pupils are on school premises, subject to such policies safeguarding and promoting the welfare of children in accordance with relevant national standards.

(4) For the purposes of this section—

“certain devices” means mobile phones and other devices which provide similar functionality and whose main purpose is not the support of learning or study;

“the Chief Medical Officers of the United Kingdom” means the Chief Medical Officers for—

(a) England,

(b) Wales,

(c) Scotland, and

(d) Northern Ireland

“the school day” includes all time between the start of the first lesson period and the end of the final lesson period.”

This new clause would require the Secretary of State to take action to promote children’s wellbeing in relation to mobile phones and social media by commissioning a report from the Chief Medical Officers and requiring schools to ban the use of mobile telephones during the school day.

New clause 37—Cessation of Child Protection Plans—

“Where proceedings are initiated or a care and supervision order is issued under section 31 of the Children Act 1989, any cessation of child protection plans for children under five years old must be signed off by the relevant Director of Children's Services or Head of Social Work Practice.”

This new clause would mean that the relevant Director of Children's Services or Head of Social Work Practice must sign off any cessation of child protection plans for children under five years old once proceedings have been initiated or once a care and supervision order has been issued.

New clause 43—Automatic enrolment for the Healthy Start scheme—

“(1) The Secretary of State must, within 6 months of the passing of this Act, introduce a scheme to automatically enrol certain individuals for the purposes of the Healthy Start scheme.

(2) For the purposes of this section, “certain individuals” means people who are eligible for the Healthy Start scheme on the basis of having a child under the age of 4.

(3) The scheme must provide the means for individuals to opt out of enrolment for the Healthy Start scheme.”

New clause 44—Contact with siblings for children in care—

“(1) The Children Act 1989 is amended as follows.

(2) In section 34(1), after paragraph (d) insert—

“(e) his siblings (whether of the whole or half blood).”

(3) In paragraph 15(1) of Schedule 2, after paragraph (c) insert—

“(d) his siblings (whether of the whole or half blood).””

This new clause would ensure that children in care are allowed reasonable contact with their siblings.

New clause 45—Arrangements for remaining in a residential children’s home after reaching adulthood—

“(1) The Children Act 1989 is amended as follows.

(2) In section 23CZA (arrangements for certain former relevant children to live with former foster parents), at the end of subsection (2) insert – “or by which a person who is a former relevant child by virtue of section 23C(1)(b) continues to live at the residential children’s home at which they were resident when they were looked after.

(3) In paragraph 19BA in Part 2 of Schedule 2 (local authority support for looked after children)—

(a) in sub-paragraph (1), after “parent” insert “or in a residential children’s home”;

(b) in sub-paragraph (3)(b), after “parent” insert “or residential children’s home”.’”

This new clause would extend the “staying put” arrangements that currently exist for young people placed with foster parents to those living in a residential children’s home.

New clause 46—Extension of the ban on unregulated accommodation for 16- and 17-year-olds—

“(1) In the Care Planning, Placement and Case Review (England) Regulations 2010—

(a) in Regulation 27A (Prohibition on placing a child under 16 in an unregulated setting), for “under 16” substitute “under 18”;

(b) in Regulation 27B (Exception to the prohibition on placing a child under 16 in other arrangements), after paragraph (1), insert—

“(1A) The Secretary of State shall ensure that all accommodation provided to looked after children aged 16 and 17 meets the standards of regulated children’s homes or other regulated supported accommodation.””

(2) In section 22C of the Children Act 1989 (Ways in which looked after children are to be accommodated and maintained), after subsection (6) insert—

“(6A) A local authority must not place a looked after child aged 16 or 17 in unregulated accommodation that does not meet the requirements set out in regulations made under subsection (7).””

New clause 47—Requirement for minimum standards for accommodation provided to 16- and 17-year-olds in care—

“The Secretary of State must, within six months of the passing of this Act, lay before Parliament regulations establishing national minimum standards for accommodation provided to 16- and 17-year-olds in care, ensuring—

(a) access to appropriate levels of support and supervision;

(b) safeguarding protections equivalent to those in regulated children’s homes; and

(c) oversight by Ofsted or another appropriate regulatory body.”

New clause 50—Establishment of Child Protection Authority—

“(1) The Secretary of State must, within six months of the passing of this Act, establish a Child Protection Authority for England.

(2) The purpose of such an Authority will be to—

(a) improve practice in child protection;

(b) provide advice and make recommendations to the Government on child protection policy and reforms to improve child protection;

(c) inspect institutions and settings at some times and in such ways as it considers necessary and appropriate to ensure compliance with child protection standards; and

(d) monitor the implementation of the recommendations of the Independent Inquiry into Child Sexual Abuse and other inquiries relating to the protection of children.

(3) The Authority must act with a view to—

(a) safeguarding and promoting the welfare of children;

(b) ensuring that institutions and settings fulfil their responsibilities in relation to child protection.”

This new clause would seek to fulfil the second recommendation of the Independent Inquiry into Child Sexual Abuse in establishing a Child Protection Authority for England.

Amendment 176, in clause 1, page 1, line 7, leave out from start to “in” in line 8 and insert—

“When a local authority starts formal child protection proceedings.”

This amendment would require the offer of a family group decision making meeting when formal child protection proceedings are initiated or when a child protection plan is failing to protect the child, rather than before a local authority makes an application for a care and supervision order.

Amendment 177, in clause 1, page 1, line 10, at end insert—

“(1A) A family group decision-making meeting must be offered by the relevant local authority when a family is going through private law proceedings.”

This amendment seeks to reduce the conflict in private law proceedings by offering a family group decision making meeting, allow other family members to support the child as well as to identify where there are significant safeguarding risks to the child/children. It would strengthen the intention that mediation and reconciliation out of court are better for the child.

Amendment 178, in clause 1, page 2, line 7, at end insert—

“(5) A family group decision-making meeting must be chaired by a systemic family therapist or other similarly qualified professional.”

This amendment would require family group decision-making meetings to be chaired by a family therapist or other professional with equivalent qualifications. Particularly in cases involving domestic abuse, including coercion and control, it is essential that the FGDP has the expertise to manage this and protect the child/children.

Amendment 172, in clause 1, page 2, leave out lines 21 to 26 and insert—

“(8) The child in relation to whom the family group decision-making meeting is held should be supported to attend all or part of the meeting if they wish to do so, unless the local authority determines this not to be in the best interests of the child, in which instance efforts should be made to ensure their views are represented.

(9) In exercising functions under this section in relation to a child, the local authority must, so far as is reasonably practicable and consistent with the child’s welfare—

(a) ascertain the child’s wishes and feelings; and

(b) give due consideration (having regard to the child’s age and understanding) to such wishes and feelings of the child as they have been able to ascertain.”

This amendment would require a local authority to ascertain a child’s wishes and feelings regarding all aspects of family group decision-making, to give those views due consideration, and to support the child to participate in family group decision-making meetings where appropriate.

Amendment 179, in clause 1, page 2, line 26, at end insert—

“(10) If a child is to be looked after by other family members as a result of the family group decision-making meeting, the local authority must make arrangements to ensure the safety and welfare of the child and prepare a child protection plan that reflects this.”

This amendment would ensure that if a child is going to be looked after by other family members, the local authority takes appropriate action, that is reflected in the child protection plan, to assure their safety and welfare.

Amendment 180, in clause 1, page 2, line 26, at end insert—

“(10) If the child is under the age of two, the family group decision-making conference must not delay the timetable for the making of permanent arrangements regarding the child’s care.”

This amendment is designed to ensure that the offer of a family group decision-making meeting does not unduly delay making permanent arrangements regarding the child’s care

Government amendment 111.

Amendment 181, in clause 4, page 6, line 25, at end insert—

“(4A) Where the relevant person considers that the disclosure would be more detrimental to the child than not disclosing the information, this decision must be recorded.”

This amendment requires decisions made not to disclose information to be recorded.

Government amendment 112.

Amendment 182, in clause 4, page 6, line 37, at end insert—

“(6A) Where information is disclosed under this section, the recipient must consider the safety and welfare of others to whom the information may relate or involve and take steps to promote their safety and welfare, particularly in cases of domestic abuse or elder abuse.”

This amendment seeks to ensure that other vulnerable members of a household are not inadvertently put at risk by the sharing of information, and that safety plans are put in place where needed.

Government amendments 113 to 116.

Amendment 174, in clause 5, page 9, line 31, at end insert—

“(8) A kinship local offer published under subsection (5) must state when it will next be reviewed.

(9) Any review of a kinship local offer conducted by a local authority under subsection (7) must involve the participation of children and families.”

This amendment would ensure that kinship families are actively engaged in shaping the support available to them, and that local authorities are held accountable for delivering their obligations.

Amendment 183, in clause 5, page 9, line 31, at end insert—

“(8) In fulfilling its duties under subsection (7) a local authority must annually consult and collect feedback from children in kinship care and their carers about its kinship local offer.

(9) Feedback received under subsection (8) must be published annually.”

This amendment would require local authorities to consult children and carers when assessing their kinship care offer.

Amendment 184, in clause 7, page 12, line 8, at end insert—

“(3A) Where staying close support is provided, it must be provided with due regard to the wishes of the relevant person and a record must be kept of that person’s wishes.”

This amendment would require local authorities to take account of the wishes of the relevant young person when providing staying close support, and keep a record of those wishes.

Amendment 186, in clause 11, page 16, line 18, at end insert—

“(1AA) A child who is being looked after by a local authority in England and is under the age of 13 may not, whilst being kept in relevant accommodation in England, be deprived of their liberty in that accommodation unless this has been authorised by the Secretary of State.”

This amendment would ensure that deprivation of liberty orders could not be issued to children under the age of 13 unless expressly authorised by the Secretary of State, in line with provisions relating to children’s homes.

Amendment 187, in clause 11, page 16, line 25, at end insert—

“(1C) The Secretary of State must review a deprivation of liberty order every 4 weeks to ensure that is appropriate for the order to remain in place.”

This amendment would require a review of deprivation of liberty orders to ensure that they remain appropriate for the relevant child.

Amendment 185, in clause 11, page 17, line 10, at end insert—

“(8A) After subsection (9) insert—

“(10) Where a child is kept in secure accommodation under this section, the relevant local authority has a duty to provide therapeutic treatment for the child.””

This amendment would place a duty on local authorities to provide therapeutic treatment for children subject to a deprivation of liberty order.

Government amendment 117.

Amendment 188, in clause 12, page 17, delete from line 21 to line 17 on page 21 and insert—

“23A Requirement for inspection

(1) The CIECSS may order an inspection of a parent undertaking, or any of its subsidiaries, if it has–

(a) a subsidiary undertaking which meets the requirements of subsection (2), or

(b) two or more subsidiary undertakings which meet the requirements of subsection (3).

(2) A subsidiary undertaking meets the requirements of this subsection if–

(a) the subsidiary undertaking is registered under this Part as carrying on two or more establishments or agencies for which the CIECSS is the registration authority, and

(b) the CIECSS reasonably suspects that there are grounds for cancelling the subsidiary undertaking’s registration in respect of two or more of those establishments or agencies.

(3) A subsidiary undertaking meets the requirements of this subsection if–

(a) the subsidiary undertaking is registered under this Part as carrying on one or more establishments or agencies for which the CIECSS is the registration authority, and

(b) the CIECSS reasonably suspects that there are grounds for cancelling the subsidiary undertaking’s registration in respect of one or more of those establishments or agencies.”

This amendment would require an inspection if the CIECSS believes that are reasons to cancel a children’s home registration, rather than issue an improvement plan notice.

Amendment 189, in clause 12, page 18, line 6, at end insert—

“(3A) The CIECSS may require an unannounced visit by Regulation 44 visitor to a children’s home, if it reasonably suspects that there are administrative breaches or minor concerns about the quality of care being provided.

(3B) After Regulation 44 visitors have inspected the relevant children’s home or homes, the local authority may issue an improvement plan notice based on their findings.”

This amendment would rely on the use of Regulation 44 visitors to inform the content of an improvement plan notice where the CIECSS has concerns about minor or technical breaches.

Government amendment 118.

Amendment 171, in clause 15, page 29, line 18, at end insert—

“(c) independent schools with caring responsibilities and offering SEND provision.”

This amendment would include independent special schools within the profit cap provision.

Government amendments 119 to 131.

Government new schedule 1—Relevant authorities.

[Stephen Morgan]

I start by thanking all hon. and right hon. Members for their valuable contributions during the passage of the Bill to date, and in particular, members of the Public Bill Committee for providing substantial debate and scrutiny.

The Children’s Wellbeing and Schools Bill is a landmark Bill and a key piece of legislation that will enable us to deliver the Government’s opportunity mission and our determination to break the link between people’s background and their future success. It will protect children from abuse, it will stop vulnerable children falling through the cracks in services and it will deliver a core guarantee of high standards with space for innovation in every child’s education. It will put in place a package of support to drive high and rising standards throughout education and throughout children’s social care so that every child can achieve and thrive.

Reforming children’s social care is critical to giving hundreds of thousands of children and young people the start in life that they deserve. Our approach to reform will break down barriers by shifting the focus of the children’s social care system to early support to keep families together. We will ensure that children can remain with their families where appropriate, support more children to live with kinship carers or in fostering families and fix the broken care market to tackle profiteering and put children’s needs first.

The previous Government bequeathed to us a bitter inheritance of not only child poverty across great swathes of our country, which affected one in three, or even one in two, of our young people, not just record numbers of children out of school or not turning up to school, not merely a children’s social care system at breaking point, but—bitterest of all—a fiscal blackhole. That blackhole must be tackled to get this country’s finances and future back on track, but it limits the speed at which we can deliver the ambition that all Labour Members have for a brighter future for Britain’s children.

Let me speak to our Government amendments. New clauses 18 to 22 introduce corporate parenting duties for Departments and relevant public bodies. A previous Labour Prime Minister observed, following Tawney:

“What a wise parent would wish for their children, so the state must wish for all its children.”

That principle lies behind the change that these new clauses seek to bring today, as we ensure that across the public sector we recognise the moral and necessary obligation to do all we can to level the playing field for children in care and care leavers. This group of young people faces significant disadvantages. Twenty-six per cent. of the homeless population are care-experienced, and around a quarter of the adult prison population were in care as children. Care leavers aged 19 to 21 are over three times more likely not to be in education, employment or training than their peers.

New clause 18 introduces corporate parenting responsibilities for Departments and the relevant public bodies, referred to as “relevant authorities”, listed in new schedule 1. New corporate parents will need to be alert to the needs of children in care and care leavers and assess the services or support they provide that are available to them. They will also need to provide them with the opportunities to participate in activities designed to promote their wellbeing or enhance their employment prospects.

[Jim Shannon (Strangford) (DUP)]

I welcome what the Minister says. Last week, some of us had the opportunity to attend an event where Jamie Oliver was present. He is dyslexic, and he made a point that I think we need to recognise: those with dyslexia, autism and challenging educational behaviours also need to be helped. Will a section of the population that need help like this one also receive it?

[Stephen Morgan]

The hon. Member is a tireless champion for children and young people, and he regularly writes to me even though education is a devolved matter. I will say a bit more later about the support available for children with special educational needs and disabilities. He will know that SEND is at a crisis point, and this Government are absolutely committed to reforming the system and are working at pace to do so.

New clause 20 introduces a duty for new corporate parents and local authorities in England to work collaboratively with each other when it is in the best interests of children in care and care leavers when undertaking these duties. That is to avoid siloed working or duplication of efforts, addressing the challenges that children in care and care leavers face holistically in the same way that parents do when supporting their children.

New clause 21 introduces a duty for relevant authorities to have regard to guidance issued by the Secretary of State. The guidance will set out how the duty relates to different corporate parents and how that will continue to contribute to outcomes we seek for children in care and care leavers. We will develop that guidance in partnership with the sector and with the relevant authorities listed in new schedule 1.

New clause 22 introduces a duty on the Secretary of State to report on their corporate parenting activity every three years, bringing accountability to the new duty and allowing us to monitor progress and the impact of implementation. New schedule 1 provides a power for the Secretary of State to amend the list of corporate parents by affirmative regulations. The purpose is clear: where children in care and care leavers can be further supported by the addition of new public duties as corporate parents, or where we need to make changes to existing ones, they need not wait for fresh primary legislation. We shall have the power to act swiftly and powerfully in their interests. I am sure that hon. and right hon. Members across the House share the Government’s ambition to drive a step change in the experiences and outcomes of some of the most vulnerable children and young people in society and that they will support these new clauses.

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

Although not explicitly mentioned in the document, young carers are obviously a group of young people who may be vulnerable and, having spoken to the Department for Education, parts of the Bill will support young carers better. Will the Minister touch on that?

[Stephen Morgan]

Supporting young carers is a key priority for this Government. My hon. Friend is a real champion on these issues, and I am very happy to work with him to ensure that the views of young carers are heard in this place.

The Government have tabled amendments to the information sharing and consistent identifier duties in clause 4. The wider picture is that children are too often failed by inadequate or patchy information sharing, which is not good enough. The Bill enables us to make the change that children need, and the amendments will ensure that we get that right from the outset.

--- Later in debate ---

[Stephen Morgan]

I reiterate my thanks to all right hon. and hon. Members across the House for their thoughtful contributions on a range of amendments, of which I aim to cover as many as possible in the time available.

A key pillar of this Government’s reform of children’s social care is to shift the focus towards early support to help families together and to keep them together where possible. I will therefore begin with the amendments concerning family group decision making, tabled by the hon. Member for Bristol Central (Carla Denyer) and the right hon. Member for Sevenoaks (Laura Trott).

On amendment 172, we agree that the voice of the child and their views are integral. In some cases, it may not be appropriate for the child to attend meetings. However, during family group decision making, the local authority must seek the views of the child where appropriate. Statutory guidance will also set out that local authorities should ensure that the facilitator has the right skills and training, and I am confident that skilled professionals will engage the child in an appropriate way.

On amendment 176, there is robust evidence that children can be diverted from care when family group decision making is offered at the pre-proceeding stage. We also encourage local authorities to offer this process as early as possible in the child’s engagement with children’s services, to support a “family first” culture.

Turning to amendment 179, if a looked-after child goes to live with a family member, the Care Planning, Placement and Case Review (England) Regulations 2010 already require a care plan to be in place, which must include arrangements to meet the child’s needs and must be reviewed at least every six months. It would be inappropriate to assume that every child going to live with a family member needs a child protection plan. It is right that we protect all children at risk of harm, but it is also right that we do not intervene in family life where children are safe, loved and well supported.

Turning to new clauses 25 to 28, tabled by the hon. Member for Twickenham (Munira Wilson), I emphasise how much the Government value kinship carers; they come forward to care for some of the most vulnerable children in society, who would otherwise likely be in care. We recognise the challenges that many kinship carers face in continuing to access work alongside the pressures of raising a child unexpectedly. In October 2024, the Government announced £400 million of new funding for the kinship financial allowance pilot, which will provide a weekly financial allowance to kinship carers to support them with the additional costs incurred when taking on parental responsibility for their kin. That is the single biggest investment made by Government in kinship care to date, and decisions about future roll-out will be informed by robust evaluation.

New clause 25 would introduce a new right to kinship care leave. Employed kinship carers may already benefit from a number of workplace employment rights designed to support employees in balancing work alongside caring responsibilities—for example, unpaid parental leave for employees who have or expect to have parental responsibility, which we are making a day one right through the Employment Rights Bill. We have also committed to a review of the parental leave system to ensure that it best supports all working families.

On new clauses 27 and 28, we are providing more than £2.9 billion of pupil premium funding. Schools can direct spending where their need is greatest, including to pupils in kinship care, and such children may already be eligible for the highest admissions priority where they are or were looked after by the local authority. New section 22H(7), inserted by clause 5 of the Bill, states:

“A local authority must review and update its kinship local offer from 30 time to time”.

That gives opportunities for the views and opinions of children living in kinship care and their carers to be taken into account. I hope that the hon. Members for Twickenham and for Carshalton and Wallington (Bobby Dean) and the right hon. Member for Sevenoaks are reassured by that.

I turn to new clause 13, tabled by the hon. Member for South Devon (Caroline Voaden). Adoption is a vital part of our system, and it is important that we ensure that support is of high quality. However, Ofsted already reports regularly on adoption support in local authority children’s social care inspection reports, as well as on voluntary adoption agencies and adoption support agencies.

On new clause 3, tabled by the Chair of the Education Committee, my hon. Friend the Member for Dulwich and West Norwood (Helen Hayes), increasing support for care leavers is a key Government priority. Clause 8 of the Bill will build on existing provisions by requiring each local authority to publish the arrangements it has in place to support and assist care leavers in their transition to adulthood and independent living. That will include its arrangements for anticipating the future needs of care leavers in respect of accommodation.

I turn to the related new clause 45, tabled by my hon. Friend the Member for South Shields (Mrs Lewell-Buck), which would extend staying-put arrangements. This new clause is not needed. As part of the Bill, we require each local authority to provide eligible care leavers with staying-close support where their welfare requires it. That means that all eligible young people who leave residential care can be supported to find and keep suitable accommodation into adulthood.

I turn to amendment 184. I thank the hon. Member for South West Devon (Rebecca Smith) for raising the important principle of local authorities listening and responding to the wishes and feelings of eligible care leavers. As set out in Committee, when assessing and providing staying-close support, the local authority will be expected to have due regard to the accompanying duties regarding the creation and review of a young person’s pathway plan. The views of young people are expected to be considered as part of that.

I turn to new clause 47, which was also tabled by my hon. Friend the Member for South Shields, and amendments 188 and 189, tabled by the right hon. Member for Sevenoaks. I welcome the opportunity to discuss the quality of care in and oversight of children’s homes, and I welcome the support of the Opposition for the position—implicit in their amendment—that action needs to be taken to better equip Ofsted to deal with poor practice across children’s homes. However, we do not believe that the new clause or these amendments are required. Introducing a full inspection at provider group level would not be appropriate or a well-targeted way to use Ofsted resource. Clause 12 is deliberately designed in a way that supplements the existing robust regime for inspection of individual settings, which ensures that Ofsted can take the quickest and most effective action to safeguard vulnerable children.

Amendment 189 would give local authorities the power to issue an improvement plan notice to a children’s home for minor concerns or admin breaches following a regulation 44 visit, which would add little value over and above what is already in place under existing regulations. It is also not clear what would constitute a minor concern or what regulatory action could follow; it risks muddying the waters of accountability and responsibility. There are already mandatory national minimum standards through the Supported Accommodation (England) Regulations 2023 and Ofsted registration and inspection requirements for providers accommodating 16 to 19-year-old looked-after children and care leavers.

New clause 14 relates to a notification for when a child is placed into temporary accommodation. I thank my hon. Friend the Member for Mitcham and Morden (Dame Siobhain McDonagh) for her significant campaigning on this issue—I know that this morning she met with my ministerial colleagues, who will follow up with her directly. As she said in her contribution, too many children are spending years in temporary accommodation at a point in their lives when they need space to play and develop, as well as nutritious food to thrive, and access to education. Although we do not accept the new clause, I understand the rationale behind it and commit to continuing to work with my hon. Friend on the matter.

I turn to children placed in secure accommodation. Depriving a child of their liberty must always be a last resort, and it is of paramount importance that any restrictions placed on a child are appropriate and for no longer than absolutely necessary. However, I do not think that amendments 185 to 187 are necessary. A statutory regime already exists when children are being deprived of their liberty under section 25 of the Children Act 1989, and this measure would extend that to relevant accommodation. The Bill gives powers to the Secretary of State to make regulations for relevant accommodation and to set a maximum period beyond which a child may not be deprived of their liberty without the authorisation of the court. We also intend to bring forward regulations to require local authorities to seek approval from the Secretary of State before depriving of their liberty children who are under the age of 13 and in relevant accommodation.

I turn to new clause 8, tabled by my hon. Friend the Member for Lowestoft (Jess Asato). Protecting children at risk of abuse is at the heart of this Bill. Regarding the common law defence of reasonable chastisement, we are looking closely at the legal changes made in Wales and Scotland, but we have no plans to legislate at this stage. Wales is in the process of reviewing the impact of changing the law, and will publish its findings by the end of 2025. We want to look at the evidence before taking such a significant legislative step.

I now turn to new clause 4, tabled by my hon. Friend the Member for Dulwich and West Norwood. All children must have an assessment of their health when they become looked after. Existing regulations require that that assessment must be completed by a registered medical practitioner, include assessment of emotional and mental health, and be kept under review.

New clause 37, tabled by the right hon. Member for Sevenoaks, is not required. Robust protections are already in place where proceedings have been initiated. Pre-proceedings will almost always be initiated when a local authority has determined that child protection activity is not sufficient to keep a child safe and promote their welfare. The initiation of proceedings will not result in automatic discharge of a child protection plan; such a plan can be discharged only through a decision taken at the child protection conference between multi-agency practitioners who have been working with the child and their family.

One area in which the Government have not wasted any time is taking action against child sexual abuse. New clauses 15 and 50, covering recommendations of the independent inquiry into child sexual abuse, are addressed by the steps that this Government have taken and will take to deliver the change and the justice that victims deserve. In January, the Home Secretary made a statement to the House confirming that the Government will lay out a clear timetable for taking forward the 20 recommendations of the final IICSA report, including establishing a child protection authority.

As the Home Secretary stated, the cross-Government ministerial group is considering the working through of the remaining recommendations, supported by a new victims and survivors panel. The Government will also be implementing all the remaining recommendations of the IICSA’s separate stand-alone report on grooming gangs from February 2022. As part of that, we will update key guidance on child sexual exploitation. Second Reading saw political opportunism of the worst kind from the official Opposition, and I would like to take this opportunity at the Dispatch Box to condemn it. The Home Secretary, the Education Secretary and the Minister for combating violence against women and girls all have a track record of standing up against that abuse, and they are acting decisively in Government.

Let me turn now to the new bandwagon that the Conservatives have jumped on, that of mobile phone use in schools, and to new clause 36. Phones have no place in schools. That is what the Education Secretary said last week, and it is as simple as that. Teachers and headteachers have the Government’s full backing in ridding our classrooms of the disruption caused by phones, and they already have the means to do so. We will be checking that that is happening, strengthening Government monitoring of implementation of the guidance to ensure that our classrooms are phone-free.

However, I must note—as a number of Members have mentioned tonight—that just a year ago the Conservatives claimed that their action meant mobile phones were prohibited in schools, and that their guidance meant a consistent approach across all schools. That begs the question: what has changed? Not only does the right hon. Member for Sevenoaks seem to have missed the Education Secretary’s statements; she has missed the Secretary of State for Science and Technology already announcing the studies that she is asking for. Those studies are being conducted by the University of Cambridge and will report back before the end of the school year. She has even missed the Health Secretary confirming just this month that the chief medical officer will consider the impact of phones and advice for parents.

[Kit Malthouse (North West Hampshire) (Con)]

Will the Minister give way?

[Stephen Morgan]

Of course we hear parents’ concerns about screen time, but this is a wider issue across the board that is not exclusive to schools. It is an issue on which we are already acting across Government to make sure that parents and teachers are supported in ensuring that children’s safety and wellbeing are protected. [Interruption.]

[Madam Deputy Speaker (Caroline Nokes)]

Order. I cannot hear the Minister speak, so I assume that nobody else can.

[Stephen Morgan]

The right hon. Member for North West Hampshire (Kit Malthouse) had the opportunity to speak in the debate, but he has chosen to turn up at the very end to make an intervention. It just shows what his interest is in these issues.

We take these matters seriously, because we take children’s wellbeing seriously. The clue is in the name—Labour’s Children’s Wellbeing and Schools Bill. The measures in the Bill to protect children from harm, improve their schools and save their education from causing financial distress to their parents all relate to their wellbeing, and we know that mental health goes hand in hand with wellbeing. I was at this very Dispatch Box just last week to discuss the support we are offering in schools, and we will of course have more time to talk about those issues further. I understand that new clause 29 seeks to be supportive on this matter. The Government recognise the importance of understanding trends in the wellbeing of children and young people; indeed, schools are already encouraged to measure pupil wellbeing.