Children’s Wellbeing and Schools Bill

Lord Elliott of Ballinamallard Excerpts

Tuesday 3rd February 2026 Lords Chamber

[Baroness Spielman (Con)]

My Lords, I want to make just one point, following up on the points made by the noble Baroness, Lady Cass, and the noble Lord, Lord Mohammed of Tinsley. The medical devices exception in the amendment is already provided for. If a more general exception were made for special educational needs—that is already close to 30% of children—the pressure on parents and pupils would be to game this, and the proportion of children with a special needs label would rise to truly stratospheric levels, at which point the phone ban would clearly have no meaning whatever. I urge noble Lords to think about the point made by the noble Baroness, Lady Cass, on other ways to provide the assistive functionality that might be needed.

[Lord Elliott of Ballinamallard (UUP)]

My Lords, very briefly, it will come as no surprise that, when I was going to school, I did not have a smartphone, just like many of you here this evening, probably; we did not have that opportunity.

I fully support the principle of Amendment 215. I find a difficulty, though—this is a follow-up to the point made by the noble Baroness, Lady Morgan—on the policing of this issue in schools. Doing your homework is a requirement at school; not every kid does it. Bullying and fighting in the playground are not allowed, but it still happens. I fully appreciate that the son of the noble Lord, Lord Bethell, is not allowed a smartphone, but not every young person is accommodating like that: not every young person has the respect for their parents, let alone for their teachers.

It is okay making these laws, but, unless we have some type of policing and enforcement, it will not be of any benefit, because you are going to punish the people who willingly give up their phone when going into school. The noble Baroness, Lady Benjamin, says, “It is okay, they will simply be asked to leave their phone at the door”, but they will not all leave their phone at the door. Some will have a phone hidden. How do we police and manage it? That is my serious question, because I absolutely know that not every young person will willingly do it. What do you do? Are you going to criminalise teachers for not taking the phones? Are you going to criminalise parents for allowing children to go to school with their phones? It is not that simple.

I fully support the principle of the amendment. Let me be clear: I wish phones had never been allowed in school. But the management, policing and enforcement of this is something totally different and it is not dealt with in this amendment or anywhere that I can see in this legislation. I am willing to support this amendment, by the way, but it needs a lot more doing to it before it is finished.

Does the noble Lord, Lord Mohammed, think that, if those kids had been asked to leave their phones at the door, it would have stopped them breaking into the toilet cubicle with a phone hidden in their sock or down their shirt? This is an incomplete amendment that I am willing to support, but unless something better and deeper is come up with that allows it to be enforced and policed without criminalising teachers and parents, I am afraid it is not going to be of much use.

[Lord Reid of Cardowan (Lab)]

My Lords, for precisely the reasons outlined by the noble Lord, Lord Elliott, I have great suspicions about this amendment. It underestimates the operational difficulties of what is proposed, not least because the catchment age of this Chamber does not really allow us fully to experience or understand them. Therefore, I agree with the Government’s contention not to go straight to a statutory measure. However, it would help us if the Government made it plain, in the light of the experience in Australia—which we will be able to estimate in the next few months—Spain and so on, and of the experience of non-statutory guidance, whether they are open to considering statutory legislation somewhere down the line. It would be helpful if we understood that we have an open mind on this.