Thursday 18th September 2025
(1 year, 1 month ago)
Lords ChamberChildren’s Wellbeing and Schools Act 2026 View all Children’s Wellbeing and Schools Act 2026 Debates Read Hansard Text Watch Debate Amendment Paper: HL Bill 84-XII Twelfth marshalled list for Committee - (17 Sep 2025)
The Earl of Effingham (Con)
My Lords, I thank the noble Baroness, Lady Blower, and other noble Lords who proposed the amendments in this group. This is a very technical area, and we have heard much expert opinion from my noble friend Lord Banner, the noble Lord, Lord Carter, the noble Baroness, Lady Longfield, the noble and learned Baroness, Lady Butler-Sloss, and, crucially in our opinion, the former Chief Inspector of Education my noble friend Lady Spielman, and my noble friend Lady Coffey.
It is important to flag that, although His Majesty’s loyal Opposition completely understand the spirit of noble Lords’ amendments, we are not in a position to support them. The UK has already signed and ratified the UN Convention on the Rights of the Child, in 1990 and 1991 respectively, and it came into force in January 1992. As such, the UK is already bound by international law to implement the agreement, and our progress is being monitored by the Committee on the Rights of the Child. But several of the recommendations in the last report from the committee, including on child rights assessments and education, are ones we did not support when we were in government and still do not support in opposition.
Amendment 469 would bring an additional child rights assessment into all legislation, as recommended by the committee in its 2023 report. We simply do not believe that this is required; in fact, instead of enhancing a child’s education, it would further slow our ability to legislate and implement effectively.
The wider recommendations in the report are also not proposals with which we concur, including, for example, the recommendation to end academic selection and testing measures to reduce levels of stress on pupils. This has the potential to do real harm, particularly to disadvantaged pupils.
We believe that the huge opportunity before us is not to layer on new statutory duties or reporting mechanisms. To the contrary, it is to ensure that the education system we strive for is one that builds on the successes of the past 20 years, aided by noble Lords on all Benches of your Lordships’ House. An education that offers each and every child the opportunity to realise their full potential—that should be the endgame.
The Minister of State, Department for Education (Baroness Smith of Malvern) (Lab)
My Lords, the amendments in group 1, as we have heard in a very good and well-informed debate, relate to duties on Ministers and public bodies in respect of children’s rights and parents’ rights to educate children in accordance with their faith. Let me be clear in responding to this group that the Government are committed to safeguarding children’s rights, both in law and in practice, and firmly uphold the principles of the UN Convention on the Rights of the Child.
I am grateful to noble Lords for their views on these important matters and for the opportunity, as I say, to hear from experts in this Committee. We have listened carefully to the arguments for these amendments and will continue to engage closely with all those advocating for the rights of children. We regularly meet, for example, with an expert advisory group to hear directly from key stakeholders in this area, including the Children’s Rights Alliance for England, Coram, Barnardo’s and several others. This group will in fact be meeting again in the department next week. Additionally, we convene regular meetings with all the major children’s charities. These fora provide Ministers and officials with excellent and important opportunities to hear first-hand from the experts on these issues and to help us advance our shared goal of putting children’s rights at the very centre of policy-making.
Baroness Butler-Sloss (CB)
May I just ask the Minister: does she meet groups of children?
Baroness Smith of Malvern (Lab)
I have barely got started, but yes, most certainly we do, and I will come to a bit more detail on that in a moment. As we have discussed at various points during the course of the Bill’s passage, there are a whole range of ways in which the Government engage with children, both on the specifics of legislation but also more broadly. For example, a very wide-ranging engagement has been led by colleagues in the Department for Culture, Media and Sport, along with DfE and the Department of Health, on the development of this Government’s youth strategy, and a very large number of children have been engaged.
I was just about to say that my honourable friend and former Minister, Janet Daby, engaged readily with these key stakeholders and asserted—as do I and as, I am sure, my new colleague Josh MacAlister does—the fundamental importance of children’s rights to this Government. In parallel, we are also carefully considering the issues and amendments on the rights and voice of the child that were raised on Part 1 earlier in Committee, to ensure that children’s rights are protected throughout the Bill.
Amendment 469, in the name of my noble friend Lady Lister and introduced by my noble friend Lady Blower, would place a duty on Ministers to prepare and publish a child rights impact assessment concerning all relevant legislative, policy and budget developments in the Act that will impact children’s well-being, social care or education, prior to the decision being taken. On children’s rights assessments and more broadly on the UNCRC, this Government have put children at the heart of our mission to break down barriers to opportunity through our plan for change. Ministers already consider the impact of our children’s rights responsibilities in all new policies and legislation, and of course through this landmark Bill we are delivering the most significant reforms—for example, to child protection—in a generation.
By improving safeguarding, strengthening social care and ensuring that vulnerable children do not fall through the cracks, we are already putting children and families first. For this Bill, we published children’s rights impact assessments for all measures, and we are working hard in the department to deliver what I think my noble friend Lady Longfield rightly emphasised: the need to improve both the status of children’s rights impact assessments and to develop the culture and win hearts and minds in order to ensure that that is delivered across government.
That is why we are continuing to work with policymakers across government to carry out CRIAs to analyse the impact of government decisions on children. It is a valuable tool, and the department has worked with civil society experts, for example, to develop a robust template, which was one of the suggestions made by the noble Lord, Lord Russell. We will continue work with children’s rights experts to promote children’s rights across government and upskill officials on the importance of considering children’s rights in policy-making and how best to utilise the assessment tool.
Baroness Barran (Con)
My Lords, I formally move the amendment in the name of my noble friend Lord Lucas and I will speak to it in my closing remarks.
Lord in Waiting/Government Whip (Lord Katz) (Lab)
I think we have yet to have a full discussion on Amendment 483, as well as Amendment 483A, so perhaps we could proceed to that discussion.
Lord Macpherson of Earl’s Court (CB)
My Lords, I will speak briefly in support of Amendment 483, which I have put my name to. The noble Lord, Lord Layard, has set out the arguments very eloquently. I would merely like to add the perspective of a former Treasury official.
Economic growth, or the lack of it, lies at the heart of the country’s problems. Without it, we simply will not be able to afford the costs of an ageing population. The Government will be forced to raise taxes even more than they already have and public services will deteriorate further, alienating an already alienated electorate. There is little the Government can do to promote growth in the short term. As an open economy, Britain is likely to grow only as fast as global demand permits, and we all know the effect of increased protectionism, but the Government can do something about the medium and long term.
We all know what drives growth: good infrastructure, competition, innovation, and a sensible tax system—but, above all, skills. Successive Governments have done a good job on education. Attainment in schools has improved and there has been a dramatic expansion in university education over the last 50 years, which, for the most part, has been reflected in the living standards of graduates. However, that still leaves 50% of school leavers who do not go to university who are poorly served by a vocational educational system that compares badly with our competitors’.
Technical and further education has never been prioritised sufficiently, and I can understand why. The media, the Government and the Civil Service are all dominated by graduates. Technical education is not sexy. The lags in the impact of any reform are long and variable. The plain fact is that there are not many votes in it, but sometimes Governments can do the right thing for future generations. I welcome recent announcements by the Government of a youth guarantee and the extra support for skills in the spending review, but they need to go further. An apprenticeship guarantee provides a golden opportunity to make a step change in provision and long-term economic performance.
I recognise that money is hard to come by, but the Treasury is an economics ministry as well as a finance ministry, and it needs some positive announcements to offset the inevitable gloom in the forthcoming Budget. I encourage the Minister and her department to engage actively with the Treasury. It should be possible to, for example, tweak the apprenticeship levy to give it a greater youth focus. If the money cannot be found now, the Government should at least set out a timetable, and if they cannot set out a timetable, they can at least sign up to the objective.
As the noble Lord, Lord Layard, said, a previous Government passed the Apprenticeships, Skills, Children and Learning Act 2009. It can be done, and I call on the Minister to act.
Baroness in Waiting/Government Whip (Baroness Blake of Leeds) (Lab)
My Lords, I start by noting that, although there are a smaller number of noble Lords in the Chamber, the quality of the contributions has nevertheless been truly significant. I thank my noble friend Lord Layard for bringing this to the Chamber and for continuing to share his enormous expertise and passion in this area, ably supported by the noble Lord, Lord Macpherson. I emphasise that this Government absolutely understand the importance of apprenticeships and the scandal of reduced opportunities for young people and are fully engaged in discussions on how to address this and move forward.
Baroness Barran (Con)
My Lords, this group focuses on the thorny issue of complaints. The amendments in the name of my noble friend Lord Jackson of Peterborough would introduce a new right of appeal for parents who have made a complaint that has not been upheld to a maintained school, academy or non- maintained special school.
At the risk of stating the obvious, most schools follow the law; they follow guidance and non-statutory guidance. I remember one teacher saying to me, “We live our lives by the bell. Of course we follow the rules”, but I accept the examples that my noble friend cited. We know that the volume of complaints is rising considerably, sadly assisted by tools such as ChatGPT and other large language models. As my noble friend Lady Spielman said on her amendment, to which I was pleased to add my name, a complaint can be made to the Department for Education, Ofsted and the TRA, as well as to the school itself. Most worryingly, the school is sometimes excluded and complaints are made to all the other agencies but not to the school.
I am grateful to the charity Parentkind for its research into complaints, which shows that the vast majority of parents are happy with their child’s school, but also that 38% of the 2,000 parents in the sample interviewed had filed a formal complaint in the last year. Head teachers report separately from the Parentkind research that, on average, they are dealing with five complaints a week.
As my noble friend Lord Jackson explained, his amendment would support parents who are not satisfied with the school’s response to a complaint and provide a different mechanism to enforce their legal duties. I find it troubling that this amendment is needed, particularly the second element, as there are significant safeguards to ensure that schools meet their legal duties. I would have hoped that the existing system, which allows a complaint to be referred to a panel chaired by an independent member, would be sufficient. However, I think the Committee will agree that my noble friend has raised some extremely worrying examples including—and this might be insulting to snails—about the pace of the response received from the department.
I turn to the amendment in the name of my noble friend Lady Spielman. As she set out, it aims to simplify and streamline the complaints process. We are trying to address the current problems in the system whereby parents can make complaints to multiple places, which leads to confusion, frustration on the part of parents, delays and extra work and stress for school leaders. I know that is something that the Secretary of State is very alive to and has promised to come back with ideas on in the schools White Paper, which is coming very soon, I think—but perhaps I put the “very” in.
Our amendment would ensure that complaints are dealt with by only one party at a time, and that it is the most appropriate one. The Minister will be aware of cases where tremendous pressure is placed on the leadership of schools, including on some occasions when false and vindictive allegations are made. I remember visiting a school where a parent had alleged that over half of the members of staff had behaved inappropriately towards their child. Each complaint was made to multiple organisations and had to be dealt with individually, which took a huge toll on school leaders and their colleagues. Indeed, Paul Whiteman, general secretary of the National Association of Head Teachers, has said:
“We are hearing more often from school leaders who have seen a significant increase in complaints, including a big rise in those that are clearly vexatious or baseless. This can harm their wellbeing, and cause unnecessary stress and workload”.
He also agrees that:
“Too often complaints are escalated unnecessarily, including sometimes to multiple agencies at the same time”.
I hope that I am safe in saying that I do not think that either my noble friend or I are wedded to the particular approach that we have in our amendment, but we are wedded to supporting schools and parents so that complaints can be dealt with swiftly and clearly, with a minimum of stress and expense, human or financial, to all involved. I look forward to hearing from the Minister the Government’s plans in this area.
Baroness Blake of Leeds (Lab)
I thank noble Lords for their contributions and for raising this very important area around parental complaints and appeals and the introduction of a central school complaints system. The Government completely understand the concern on this matter. As I shall go on to mention, the increase in the number of complaints is quite staggering, when you see the statistics laid out.
Amendments 485, 487 and 488, tabled by the noble Lord, Lord Jackson, would allow parents and carers of children in maintained schools, independent schools, including academies, and non-maintained special schools to appeal to the First-tier Tribunal. Amendment 489, also tabled by the noble Lord, would allow for regulations to amend secondary legislation on the rules and procedures of the First-tier Tribunal. I note the detailed examples that the noble Lord highlighted to us.
Amendment 502YM, tabled by the noble Baroness, Lady Spielman, would introduce a central complaints system to handle all school-related complaints in England, and for these complaints to be held in a central database accessible to the Department for Education and Ofsted. I hope we have made it very clear throughout the passage of the Bill, and I repeat it, that the Government’s mission is to break down barriers to opportunity by driving high and rising standards, so that all children are supported to achieve and thrive. This area fits into the discussion of these amendments.
When parents and carers believe schools are not delivering the standards expected of them, they of course have the right to raise complaints with schools—that is of the utmost importance. All schools are required to have a complaints policy in place that is promoted and effectively implemented. However, we believe that the introduction of an additional level of appeal to the First-tier Tribunal would create increased burden on a school system that is already under enormous pressure, as we have heard, from the increasing number of parent and carer complaints.
Importantly, the existing system already allows for the escalation of complaints where parents and carers believe complaints have not been handled compliantly or a school has not adhered to education law. When non-compliance is identified, the Secretary of State for Education has powers to intervene in a way that is proportionate and necessary to bring resolution to the parent’s or carer’s complaint.
We have accepted and acknowledged the issues and concerns being raised, by both schools and parents and carers, about the current school complaints system, both the pressure it places on schools—we have heard some good examples of that—and the frustration it can cause for parents and carers. As the noble Lord, Lord Storey, highlighted, the increase in parent and carer complaints is a growing concern across the sector. That is why we are working through the Improving Education Together group, bringing together colleagues from across the sector to improve the school complaints system. Our aim is to reduce the burden on schools and leaders, while also maintaining parents’ rights to raise concerns, including by exploring ways to reduce unnecessary duplication. We want to create a better and clearer system for parents and to improve the relationship between schools and families.
The noble Baroness, Lady Barran, highlighted the work that Parentkind has done in this space. I am very pleased to inform the Chamber that the Secretary of State went to the launch of its latest publication on this subject on Tuesday—when, ironically, we were in the Chamber. That was a very important step forward. She set out that we are resetting relationships between schools and parents, so that trust levels are high and any issues are resolved informally before becoming complaints.
The other pressure that I need to draw attention to, and why we are very concerned about introducing additional burdens, is from SEND-related tribunals. The number of appeals has risen by over 40% in the past year alone. I think that it is well known that we are working with the Ministry of Justice to bring more capacity into that system. That will be addressed in the SEND reform review that will be published later in the autumn.
The noble Baroness, Lady Spielman, raises an important point about AI. I had not thought of it in that way, but of course people are finding new applications all the time, just putting their few words into ChatGPT or whatever and coming out with a whole document built on that. I want to reassure her that the department is fully aware of this situation and is looking at ways to support schools in this space, including revision of the department’s guidance to schools on this very important matter.
Baroness Barran (Con)
Can the noble Baroness say now, or write to me and put the letter in the Library, clarifying whether, in relation to simplification of the complaints system, which obviously the Secretary of State has said she would like to do and which is at the heart of the amendment in my name and in that of my noble friend Lady Spielman, that requires a change in primary legislation or whether it can be done in secondary legislation? If it requires primary legislation, I am sure that colleagues in the department would be able to craft some kind of commencement clause—I am not sure quite what sort of clause it would be—that would allow that to happen without us having to wait several years for more legislation.
Baroness Blake of Leeds (Lab)
The noble Baroness raises a very important point, and these will all be matters that are being considered as the Secretary of State takes this important work forward. I can get a written note and put it in the Library to outline the way forward and where we are at this moment.
Lord Jackson of Peterborough (Con)
My Lords, I thank the Minister for her well thought through and considered response. It ranged wider than I expected, but just for the avoidance of doubt, of course I deprecate any unreasonable or vexatious complaints against teachers from parents that might veer into anti-social behaviour of the type she mentioned in terms of WhatsApp groups. I am happy to put that on record.
This has been a very thoughtful and important debate and I am grateful to noble Lords who took part, not least the noble Lord, Lord Storey, and my noble friend Lady Spielman, who both brought great expertise and experience to the debate—the noble Lord from his time on Liverpool City Council and my noble friend from her leadership of Ofsted.
At its heart, this debate has revolved around a single clear question: do we believe that the laws passed in Parliament should be enforceable in schools? People are worried about a litigation culture, yet the evidence demonstrates that the current system of bureaucratic brick walls and institutional inertia is the true source of conflict and frustration. We have heard concerns about costs, but I ask again, what is the price of the status quo? What is the cost of a department that fails in its duty, and of parental trust in schools evaporating?
This accountability vacuum does not remain empty for long: it is filled by an entire ecosystem of unaccountable third-party advisers and activists. This is not, I suggest, a failure of individual teachers but a systemic failure. In the absence of clear enforcement, the law becomes muted and professionals are left rudderless. Into this void step commercial subscription services. I will give one final example in this debate. The Key is an organisation ironically first established by the Department for Education before it was privatised. When the previous Government consulted on draft guidelines for schools on gender-questioning children, The Key actively counselled schools that it would be unlawful to follow that guidance.
The accountability these amendments would introduce is not just for schools; it is for the entire advisory industry, which is funded by stretched school budgets. When the advice of these organisations is tested before a tribunal and found wanting, schools will quite rightly cease to pay for it. The market for bad advice will therefore, for the first time, face a correction.
These amendments are not a radical proposal. They do not seek to create conflict: they seek to provide a clear, fair and independent forum for its resolution. They would not undermine professional judgment, but they do subordinate it to the rule of law, which is as it should be. They give parents a voice and give the law teeth.
In conclusion, the choice is simple. We can endure the current inertia, condemning parents to a system that does not work, or we could take a meaningful step to restore accountability, uphold the will of Parliament and ensure that, when a parent has a legitimate concern that a school is breaking the law, they have somewhere to go. I believe we must choose the latter. For now, I beg leave to withdraw my amendment but will consider returning to it at a later date.
Baroness Smith of Malvern (Lab)
Well, I start by saying that I actually agree with the vast majority of the points made by noble Lords opposite, but I just have to say that we in this House are not disinterested observers of the activities of Governments. Several of the noble Lords opposite who rightly identified the decline in school sports, the reduction in teachers and the narrowing of the curriculum were supporters of or part of the Government who were responsible for it. I just want to put that on the record as we start this.
Having said that, there is good news. This Government are reviewing the curriculum and establishing a new national approach to PE and school sport. We value PE and sport as a great opportunity to improve not only the health but—
Lord Addington (LD)
I have one more question. If we are doing this for PE in schools, is there going to be a specific link to activity outside school? A lot of the sports education is done by sports governing bodies and grass-roots clubs. I hope the noble Baroness can give me some reassurance that that will be done.
Baroness Smith of Malvern (Lab)
I know that I added a little bit to the beginning of my speech, but I am actually only three lines through, and I will come to precisely that point.
The amendments proposed align closely with the important practical work already under way by this Government to expand access to high-quality PE and school sport for every child. We remain committed to ensuring that all young people, regardless of background, have the opportunity to thrive through physical education, school sport and physical activity. I also agree with the points ably made by the noble Lords, Lord Holmes and Lord Moynihan, about the broader benefits of sport, physical activity and physical education. The impact on academic achievement, mental health, healthy weight and sleep: those are all important elements of the broader benefits that come from children being active and being supported to move in a wide range of ways—something I thought about carefully as I finished the Worcester 10K on Sunday morning.
Baroness Smith of Malvern (Lab)
Thank you. If you had seen how fast I did it—or how slowly—you might not have been quite so impressed.
Of course, it is not only organised sport that is important. As several noble Lords said, other ways of moving our bodies, including dancing, are also beneficial, although people who saw my performance on “Strictly” would not necessarily recognise any benefit that I gained from it—or that anybody watching it gained. However, the point is that physical activity, the opportunity to move in a whole variety of ways and the requirement to make that as inclusive as possible are really important and at the heart of what the Government are trying to do.
In June, the Prime Minister announced a new national approach to PE and school sport. This new approach will establish a PE and school sport partnership network, designed to build stronger links between schools, local clubs and national governing bodies—to the point made by the noble Lord, Lord Addington. Its aim is to identify and remove barriers to participation in PE and school sport, particularly for less active children, including girls and pupils with special educational needs and disabilities. The point made by several noble Lords, particularly the noble Lord, Lord Moynihan, about the need for this to be inclusive is very important. That is why we have recently announced a one-year grant of up to £300,000 to a consortium led by the Youth Sport Trust to deliver Inclusion 2028, a programme which upskills teachers to deliver high-quality, inclusive PE, school sport and physical activity to pupils with special educational needs and disabilities. This will be an important theme of the national approach as well.
Since the announcement on the school sport partnership network was made, the Department for Education, the Department for Culture, Media and Sport and the Department of Health and Social Care—here I strongly agree with the noble Lord, Lord Addington, that, given the broader consequences, this needs to be a cross-government responsibility—have been working with the sector to co-design the partnerships, meeting with a range of organisations, including educational organisations and national governing bodies of sport, to discuss the key principles they would like to see in a new model.
Furthermore, the Department for Education is conducting market engagement events from 24 September to explore the procurement of a national delivery partner to design, implement and manage this new network from summer 2026. Procuring a national delivery partner reflects a significant investment in this approach. The market-testing phase will help shape the scope and scale of delivery, ensuring that any funding allocated is aligned with the ambition and impact we expect from a national partner. The intention is for the national partner leading the PE and school support partnerships network to distribute a significant budget each year to pay for targeted provision in local areas. The total funding for this will be confirmed as part of the department’s business planning.
In addition, we are working with experts to develop a new enrichment framework by the end of the year, highlighting best practice and considering how standardised benchmarks and tools can support schools. This will provide advice for schools on how to plan a high-quality strategic enrichment offer and how to make use of specific programmes to increase access to sport and arts.
Lord Moynihan (Con)
I make just two points that I am sure that the Minister will recognise. Many in the Committee this afternoon have been campaigning exceptionally hard for improved opportunities for young people in sport and recreation, irrespective of who has been in government. One of the great aspects of this House has been frequent cross-party support for making sure that we try to improve the provision of sport and recreation. I do not think it is a party-political point. I remember that, soon after the turn of the century, possibly the most important influence on Tony Blair’s decision to move forward with the bid for the Games was a debate in this Chamber which had completely cross-party support. One needs to be a little bit cautious before saying, “Why didn’t we speak out before?” Many of us have been speaking out like this for decades.
My second point is that I acknowledge—and I am grateful to the Minister for raising the fact—that the Prime Minister has indeed come forward with a whole range of initiatives on access to high-quality PE and sport for children, equal access, two hours of sport a week and a national network to build strong partnerships with clubs. We are just putting into an amendment what the Prime Minister himself said in June, to make sure that it is actually done. It has not been done by successive Prime Ministers—I must admit, of both political persuasions—but not least by Gordon Brown. There were fine words, but it was never put into practice. Will the Minister be the first to support me in coming back at Third Reading with everything that the Prime Minister said when he met the Lionesses, as clear mandates, so that we can enshrine it in legislation and make sure it happens for the young people of this country?
Baroness Smith of Malvern (Lab)
In the previous paragraphs, I outlined not only what the Prime Minister had identified but the action the Government are already taking to deliver on the objective that the Prime Minister set down, so I do not think it is necessary to enshrine that in the Bill, because, as I identified, it is already happening. I am not going to rise to the noble Lord’s point about—I shall not even say that I am not going to rise to it, otherwise I will do so.
On the noble Lord’s point about staffing, it is encouraging that PE initial teacher training places are all taken up this year. Obviously, that is important in ensuring that there is a pipeline of good teachers in this area, but there is more to do on quality, especially in primary schools. The PE and school sport partnerships will bring together the support available to schools and therefore to teachers. By making sure that PE has a central place in the curriculum, in the light of our curriculum and assessment review, we can cement its place in schools’ priorities. That will of course mean a greater focus from both leaders in schools and staff.
As I was saying, the development of the PE and school sport partnerships and enrichment framework relates to Amendment 502H in the name of the noble Lord, Lord Moynihan. The Government are already delivering the co-ordinated action for which the noble Lord rightly calls, both through the PE and school sport partnerships and the enrichment framework. This has established a strategic framework, guided by evidence and collaborating with national governing bodies of sport and other key organisations, to raise the quality and standards of PE and school sport for all pupils across the country.
Amendment 492, moved by the noble Lord, Lord Holmes, and Amendment 502J, tabled by the noble Lord, Lord Moynihan, call for a curriculum review to investigate how PE, sport and physical activity provision in schools can deliver relevant outcomes for pupils. The partnerships to which I have already alluded will seek to support schools in providing opportunities in and out of the curriculum for children to work towards meeting the Chief Medical Officer’s recommendation of being active for an average of 60 minutes a day.
Of course, we already have under way a curriculum review of the type called for by noble Lords and by the noble Baroness, Lady Sater. In 2024, this Government launched an independent curriculum and assessment review, which is looking at all national curriculum subjects including physical education. It seeks to deliver a curriculum which is rich and broad, inclusive and innovative. The review is considering subject-specific issues including physical education. Subject and sport stakeholders have had the chance to feed into the review on PE and have highlighted many of the issues that noble Lords highlighted in this debate. The interim report was published in March 2025 and highlighted the reduction in PE time, especially at key stage 4. The final report will be published in the autumn with the Government’s response, and I am sure that noble Lords will allow that independent curriculum review to present its recommendations.
I hope that noble Lords are reassured that we have considered all the issues raised in the debate today. The ongoing independent curriculum and assessment review, the PE and school sport partnerships, and the enrichment framework are already starting work to tackle the issues raised. In the light of this, I hope that the noble Lord feels able to withdraw his amendment
Lord Holmes of Richmond (Con)
The noble Baroness rightly referred to the curriculum review that Becky Francis is undertaking, to be published at some stage. What approach are the Minister and the department taking to ensure that all the excellent work that Becky Francis is taking forward will be reflected in the Bill and that there are no inconsistencies or gaps in this legislation as a result of the timing difference between the Bill’s passage and the publication of the review?
Baroness Smith of Malvern (Lab)
I was referencing the amendments calling for a curriculum review and pointing out that there already was a curriculum review. Many of the points raised in the amendments, particularly the amendment from the noble Lord, Lord Moynihan, were about the approach to the curriculum; for example, ensuring that, at a primary level, we are developing the physical skills of children and promoting physical activity, and then, at secondary level, continuing that important work while also delivering a focus on competition and particular types of sports. Becky Francis’s review is independent, but from both the interim report and the evidence that has been provided and is under consideration, I know that is the type of approach being taken in the curriculum and assessment review.
Lord Holmes of Richmond (Con)
I thank all noble Lords who have taken part in this excellent debate.
I am not normally tempted to dive into the subject of swimming, but the noble Lord, Lord Storey, has tempted me to do so. It is always worth reminding ourselves—particularly, as he said, in an island nation—that swimming is the only sport that can save your life. That underscores the critical significance of physical activity, literacy, fluency and education in the example of learning to become a competent swimmer.
This Government, like any Government, want growth, and they face a very clear choice with these amendments. One of the key elements of growth is investment. There could barely be a better area to invest in than physical activity and physical well-being. The choice for any Government is to invest and reap all the social, economic and psychological benefits on the individual, community and country levels or to pay for the consequences through the NHS, the prison service and many other areas administered by government. These issues will certainly return on Report, but for the moment I beg leave to withdraw my amendment.
Baroness Smith of Malvern (Lab)
We have had a good debate on this group, which concerns education technology and device-based assessment. I thank noble Lords for raising the important issues of digital and technology standards for schools, particularly around inclusion, procurement and use of effective education technology in schools. I strongly agree with noble Lords that technology must be safe for children to use and effective to support learning, teaching and the work of teachers—who remain central and fundamental to children’s learning. I am sure that there are important lessons and developments about pedagogy that it is crucial to engage with, given the context of edtech.
Amendment 493 tabled by the noble Lord, Lord Holmes of Richmond, and Amendments 502K, 502YI and 502YH, tabled by the noble Baroness, Lady Kidron, seek to regulate educational technology deployed in schools in England. We share many of the objectives set out by noble Lords to ensure quality and safety. This is a very fast-moving area and we are in the process of developing standards and ways to ensure the accountability and the certainty that those standards are being delivered. The Department for Education has set non-statutory digital and technology standards for schools. These help schools and colleges make more informed decisions about technology, supporting safer, more cost-efficient practices and new learning opportunities for students. Earlier this year, the department consulted on the future of these standards and in July published a government response to the consultation confirming our ambition for all schools to meet the standards by 2030.
The proposals set out in our response to the consultation explore accountability options for technology standards, considering appropriate accountability levels and reviewing standards where they may be cost prohibitive. More broadly, we recognise the importance of supporting schools to choose effective technology that is safe for pupils to use and meets educational need. This is why we set out in the response that we will continue to support schools and colleges with technology standards with a support service to plan their technology.
I recognise the point made by the noble Baroness, Lady Barran, that, while it is important to develop a series of standards in this area and to revise them, that does not make life easy for schools. The intention behind the support service to plan their technology is that it will act as a self-assessment guide, so that schools can be much clearer about what they need to do and how to meet the standards. This will be supported by a multi-million pound investment in schools’ digital and connectivity infrastructure.
I have a specific point on Amendment 493. We think this would create significant legal and operational barriers for schools in England, as it is more restrictive than the current data protection framework, including the UK GDPR and the Data Protection Act 2018. We think that requiring schools to hold all data on site would be a retrograde step that would not support greater security, which I think is the intention. It would have significant financial and environmental impacts for schools.
Amendment 494, tabled by the noble Lord, Lord Holmes, seeks to create a new procurement standard for education technology for schools in England. This is a significant development aimed at ensuring that schools adopt consistent, secure and value-driven approaches when procuring digital tools and services. Our digital and technology standards already include specific requirements which ensure compliance with safeguarding obligations. We also support schools to choose effective technology that meets their needs and safeguarding obligations, through the service plan technology for schools, which I have just spoken about.
Amendment 502YH, tabled by the noble Baroness, Lady Kidron, seeks to establish a duty on the Secretary of State to set out the minimum standards for filtering and monitoring technologies and certification by an accredited scheme sanctioned by the Department for Education. I am grateful to the noble Baroness for her previous engagement with me on this topic. I know that my officials are keen to continue their regular conversations with the noble Baroness and to continue working closely with her on this agenda in order to make progress.
The statutory guidance, Keeping Children Safe in Education, makes it clear that schools and colleges should ensure that appropriate filtering and monitoring systems are in place and that their effectiveness is regularly reviewed. In addition, the department’s digital and technology standards include a filtering and monitoring standard with technical requirements that filtering and monitoring systems should meet, which is to support schools to meet the statutory duties expected of them in keeping children safe in education.
Technology is moving fast, and ensuring that systems keep pace is a challenge that we recognise. In January, we published our Generative AI: Product Safety Expectations framework, which states that generative AI products must effectively and reliably prevent access to harmful and inappropriate content by users and maintain robust activity-logging procedures.
However, I share the noble Baroness’s concerns and those of other noble Lords. We know that a minority of providers do not meet the department’s standards, and we are actively working on options to increase provider compliance and reduce the burden on schools themselves to identify systems that meet the standards. There are several ways that we might achieve this, such as by establishing a certification scheme for filtering and monitoring products under the UK Accreditation Service framework. We will take the time to do a full assessment of the impacts and benefits of any new requirements to avoid the risk of creating burdens on the sector and limiting supplier diversity.
We must also make sure that we are supporting schools to meet the standards. We consulted schools in March to understand the challenges they face in meeting the filtering and monitoring standards, and while 98% of respondents stated that they were fully or partially meeting the standards, we continue to work through identified barriers to understand priorities for further support.
I recognise the point made by the noble Baroness about the depth of knowledge necessary to make that assertion and the shift of requirement from schools being expected to make that judgment through to a much clearer certification scheme, putting the emphasis on the certification of the product, as opposed to the requirement for schools to ensure that they are meeting the standards.
Baroness Kidron (CB)
I just want to raise the question of timing. The Government, as the Minister says, are putting a huge amount of money into digital infrastructure and, as later amendments that she will turn to say, putting assessment online and so on. I am trying to understand why it takes decades to get the rules in place, and why we have not yet learned that we need to put them in place as we put the infra- structure in.
I will read the debate very carefully, and I respect the generous way in which the Minister answered, but I sit here as someone who has been fighting for nearly a decade for something that is still being promised some time before 2030. I am finding it very difficult to put that together with the idea that we are now making a huge investment in edtech, that this is going to be central to children’s lives and that the Government will be responsible for the outcomes. Many noble Lords across the House have said that we want edtech and learning, and to be part of this movement, but look at what is happening around the edges. It is being treated like a commercial market, not a pedagogical outcome, a safety outcome or, indeed, an inclusive one, as the noble Lord was referring to.
Baroness Smith of Malvern (Lab)
I hope that the noble Baroness will carefully read what I said. I was certainly not saying that. In my response, I have gone further in explaining the work that the department is doing to meet many of the concerns that she outlined than we have done previously. I am most certainly not saying that it will be done to the 2030 timetable. I understand her concern around regulation and accountability, and I have given some considerable steers, at the very least, about the direction in which that work is going—it is not to a 2030 timetable. Turning to—
Baroness Harding of Winscombe (Con)
Before the Minister moves on, I have a follow-up question. It is very encouraging to hear the work that seems to be ongoing in the ICO. What is the Minister’s view on why it would not be appropriate to put the requirement for a code of conduct on the statute book for education in the same way that it is in the Age Appropriate Design code for all other children’s data? Just to be clear, I value the fact that the Minister has been so open about the ongoing work, but those of us who have worked in this space for so long worry that things can change and that, without legal underpinning, codes can then disappear.
Baroness Smith of Malvern (Lab)
I understand that concern. Perhaps we can first make progress on the code, as I have outlined we are. I will write to the noble Baroness about this. I understand that this place is about putting things into legislation, but that does not mean that activity is not happening. The proof of the pudding may well be in the production of the code.
Baroness Barran (Con)
When the Minister sends that letter, will she kindly clarify both the data protection and the child safety angles that she talked about, for which the Information Commissioner’s Office would have responsibility? Will she also explain how the pedagogical elements will be included, to make sure that these are both safe and effective from a learning point of view?
Baroness Smith of Malvern (Lab)
Yes, I will do that.
Amendment 502YS, tabled by the noble Baroness, Lady Barran, seeks to confer a right for parents to elect for their child to receive, complete and submit homework tasks otherwise than by means of a computer or a personal electronic device. The noble Baroness made important points about the totality of the way in which children might be expected to do their homework and the challenges for those children who might not have access to technology to do that.
I would be surprised if there were schools that were expecting children to do all their homework using devices. Nevertheless, it is still important to maintain the principle—rightly set down by the previous Government, particularly by Damian Hinds as Secretary of State—that decisions over the volume and form of homework are made by schools themselves, working in collaboration with staff, pupils, parents and governors. I am not sure that it would be appropriate for the department to limit the autonomy of schools to set their own policies on homework. But it is right that schools should consider providing alternative options for pupils to complete homework where device access is limited. They should consider the implications for handwriting and for the other ways of learning and completing work, which the noble Baroness was right to identify.
We understand the concerns around the potential harms of unmonitored and unlimited personal screen use, but it is helpful in this debate to consider the distinction between personal and educational screen time—they should not necessarily be conflated. It is a question not of screen use per se but of what children and young people are using the screens for and what activities that supports and—importantly, I agree—replaces.
Effective use of technology can improve education access and outcomes and reduce staff workload. We trust teachers and leaders to use these tools appropriately, which includes their use to complete homework. Beyond that, as we have discussed previously, it is also important to recognise that assistive technology can go a long way to supporting children with particular needs—a point frequently and rightly made by the noble Lord, Lord Addington.
I turn now to Amendments 502YT and 502YU tabled by the noble Baroness, Lady Barran. Amendment 502YT seeks to ensure that secondary education exams are completed by hand rather than with a digital device, subject to specific exceptions. We are currently working closely with Ofqual to review evidence and develop policy on any potential future use of on-screen exams. There are already a small number of exams that are offered digitally—for example, A-level music technology; British Sign Language GCSE, which would be impossible to do unless it was done digitally; and some functional skills exams, which by nature of the point at which they are taken need to be done digitally—but Ofqual’s chief regulator has said publicly that any further introduction of on-screen exams should be treated with “extreme caution” and must be fair, proportionate and manageable. We agree with that.
However, it would not be appropriate to fix a policy position into legislation before the opportunities, risks and implications of on-screen exams have been fully considered in detail. Ofqual is responsible for regulating qualifications and examinations, and we expect that any changes to Ofqual’s regulatory framework would be subject to full public consultation in due course.
Amendment 502YU seeks to ensure that the reception baseline assessment is not administered using digital devices, subject to specific exceptions. It might be helpful for me to explain to noble Lords how this assessment works in reality. I think there is a general consensus that it is important for us to be able to assess the development of children at the beginning of their time in school. That is the point of the reception baseline assessment.
It is carried out with pupils individually. It takes between 15 and 20 minutes. Roughly half of it is carried out with a teacher sitting next to a single pupil, using the screen in a way that paper would not allow them to do—for example, to point at things and move them into different orders. The overall assessment retains the use of verbal responses. It retains the use of toys for questions in the other half of the assessment, which does not use a screen.
It brings benefits, including reduced workload for teachers and better support for pupils with special educational needs and disabilities using, for example, the assessment’s built-in accessibility settings. In relation to one of the points made by the noble Baroness, there is no expectation that a pupil has experience of screen use. The teacher can input the answers for the pupil if need be, because it is, in essence, a person-to-person assessment being carried out.
The new version, which was introduced in September 2025, had been trialled extensively with pupils and schools since 2018 and has been well received. A paper- based version continues to be available in circumstances where that is more suitable for the child. I hope that provides some reassurance to noble Lords. As the noble Lord said, I have responded to questions about this on more than one occasion. If we were to withdraw at this point something that has been trialled over a considerable period, with the trial having started under the previous Government, it would be difficult if not unfeasible to deliver a replacement in time to carry out this really important baseline assessment.
For all those reasons, I hope that I have provided some reassurance about the nature and development of this assessment. There are much broader conversations that it is obviously appropriate for us to have about the use of screens in early years settings and in schools, some of which we have had in earlier amendments and which I am sure we will continue to have, but I genuinely believe that, for this particular usage, removing it would be disproportionate, even given the concerns that noble Lords have expressed.
Lord Addington (LD)
Just before the Minister replies, I shall very briefly say that the principle of reviewing legislation is one that I think we have all agreed to and no Government have ever found terribly convenient. I hope that we can get something going and some commitment by the Government that they will look at what happens here, or some structure for reviewing what happens, because the unforeseen is something which no degree of planning now can ever adjust.
Baroness Smith of Malvern (Lab)
The amendments in this group cover a wide range of issues, including review of the Act, disapplication and commencement.
I will begin with Amendment 502YR tabled by the noble Lord, Lord Wei, which seeks to protect a parent’s right to determine their child’s education in the event of a national emergency or an authoritarian Government, by placing judicial oversight above executive restrictions. This amendment would actually be ineffective as, quite rightly, Parliament is sovereign. Any law passed by a current Parliament can be changed or repealed by a future Parliament. Provided the education a child receives is both safe and suitable, existing legislation makes clear that most parents have the right to determine the form of education that best meets their child’s needs. We have of course discussed this at length in Committee and the Bill does not change it.
Turning to Amendment 502C, on reviewing the Act, I start by commending the commitment of the noble Lord, Lord Norton of Louth, to post-legislative scrutiny, which, as he identified, has been government policy since 2008 and part of the process for legislative progress through this House. I remember the discussions around putting it into that position in my last period of time in Parliament. I supported it then; I still support it now. In the interim period between 2010 and 2024, among the range of things that I was able to do, I was very pleased to be able to advise foreign Parliaments about the significance of post-legislative scrutiny, drawing on precisely the work of the noble Lord and the experiences of this Parliament in putting those into operation.
Alongside that amendment, we have Amendment 502YN, tabled by the noble Lord, Lord Wei, which concerns a review of the operation of the Bill’s measures. This Government agree on the importance of having an appropriate mechanism for the proper evaluation of the impact of legislation, ensuring that it meets the goals that it sets out to deliver, especially given the size and wide-ranging ambitions of this Bill in particular. I assure noble Lords that the Bill will be subject to post-legislative scrutiny in the usual way without this amendment. We fully expect that this evaluation will be carried out within the first five years of the legislation coming into force.
Lord Wei (Con)
I thank the Minister. On my understanding, having spoken to those who know about the workings of the Regulatory Policy Committee, which the Minister said greenlit the Bill, in the last few years it has not been allowed to ask for submissions, on receiving a draft Bill, to scrutinise whether that Bill fits within the kind of good regulatory framework that we all would like to see. So the information that it had to greenlight this Bill was very limited indeed. If you cannot ask people what they think of the Bill, obviously any information you have is very limited and you can only go on what you have been given, which is further ammunition for the point that the Bill needs a lot of scrutiny, because it did not really have any before it was brought before this House.
Baroness Smith of Malvern (Lab)
The Regulatory Policy Committee had the benefit of our published regulatory impact assessment to review. Wider comments about the efficacy of the Regulatory Policy Committee are for the noble Lord to make to the Regulatory Policy Committee, rather than using it as a stick to beat this particular Bill. Frankly, as we are coming to the end—nearly—of day 12 of Committee on this Bill, the idea that it has not had sufficient scrutiny is laughable, given the time and care that was also spent in the other place, which has been massively exceeded by the time and care that has been spent by noble Lords in this House during the course of this Committee.
Lord Wei (Con)
Just to clarify, the words I used were, “before it was brought before this House”. The reason it has had so many days of scrutiny is because it was not drafted in a way that was appropriate. We have spent so much time on it. We cannot believe how many nights and days we have all had to work on this. If we could have Bills in future that had a bit more effort put into their drafting by policymakers and others, we could use the time of this House really well. I am not in any way criticising or saying that the work of this House is wasted. In fact, it has been very necessary to get us to where we are today.
Baroness Smith of Malvern (Lab)
The noble Lord is right that noble Lords have spent considerable hours on this—some more than others, I think it is fair to say.
Amendment 505C, tabled by my noble friend Lord Watson of Invergowrie, seeks assurances, via a published statement, on how the Human Rights Act 1998 applies to private providers of publicly funded children’s social care services. The amendment seeks a pause in the commencement of Clauses 12 to 18 of the Bill until such a statement is made. These clauses cover measures relating to provider and financial oversight, profit caps, Ofsted and Secretary of State powers to impose monetary penalties, and information sharing between Ofsted and the Secretary of State.
I thank my noble friend for bringing important human rights considerations to our attention. Protecting the human rights of all children is of paramount importance, and the Bill is delivering a number of important measures to stop vulnerable children falling through cracks in services. I completely understand the reasoning behind my noble friend’s amendment and would like to provide the Committee with reassurances on the robustness and broad applicability of the human rights legal framework, including for children’s social care services.
Section 6 of the Human Rights Act 1998 makes it unlawful for public authorities to act incompatibly with the European Convention on Human Rights, and this duty extends to private providers when they are performing functions of a public nature. There is no statutory definition of “functions of a public nature”, but relevant factors considered by the courts include the extent to which the body, in carrying out the relevant function, is publicly funded, exercising statutory powers, taking the place of central government or local authorities, or providing a public service. This broad-scope approach is intentional to ensure that a wide range of services can be captured, as appropriate.
Any statement that the Government make, as proposed by my noble friend, would not be legally binding. Whether a provider is carrying out functions of a public nature and is therefore in scope of the Human Rights Act is for the courts to determine, based on the facts in each specific case. However, to be clear, the Government’s position is that, were a court required to decide whether the private provision of core children’s social care services—services that local authorities are legally required to provide—falls in scope of the Human Rights Act 1998, we believe that the court would conclude that they were indeed performing a function of a public nature and would therefore be in scope.
My noble friend has identified the distinction between the approach taken here and that taken in the Mental Health Bill. As he said, the DHSC is making it explicit in that Bill that certain mental health services are deemed to be exercising a public function for the purposes of the Human Rights Act, but those amendments are being made following case law that identified a gap in the application of the HRA to the private provision of the services in question—some of which my noble friend referenced, I think.
No such gap has been identified through case law in relation to private provision of children’s social care services. Therefore, our view is that no clarification of the law is necessary for these services and, as I have emphasised, we continue to be of the view that the private provision of core children’s social care services would be considered to be within scope of the Human Rights Act. I suspect that, in pushing me, my noble friend might say, “Why don’t we take a belt-and-braces approach here, anyway?” The issue is that attempting to provide further specificity around certain services risks other services being unintentionally excluded by virtue of their omission. This is the way, as I understand it, that lawyers tend to work.
I emphasise again that we are content that the Human Rights Act as drafted is flexible enough to capture those functions that need to be within scope of the Human Rights Act 1998. We believe that would be upheld in any case with respect to children’s social care services. It is also important to remember that children’s social care is a highly regulated sector, subject to inspection and accountability processes aimed at keeping children safe and promoting their best interests. The local authority arranging or funding the relevant service would also always be within scope of the Human Rights Act in the exercise of its functions as a core public authority.
On this basis, I hope my noble friend might be reassured. We do not consider it necessary or appropriate to delay the commencement of other important Bill measures that are designed to ensure children in relevant settings are protected. We are confident in the existing legal framework and hope that we have provided the necessary reassurances and statements here today to reassure him. I hope, given my responses, that noble Lords would feel able to not press their amendments.
Lord Watson of Invergowrie (Lab)
I thank my noble friend for that very full response to Amendment 505C. I am not a lawyer, so I cannot say at this stage whether I accept the reassurance. I would like the opportunity to discuss it with her before Report, perhaps with some legal support on those points. She and her team have clearly gone into it deeply, and I appreciate that.
In closing, my noble friend talked about the extent to which this Bill has been subjected to scrutiny in Committee. I have been here 22 years now, and do not remember any Bill having had 12 days in Committee. I checked and we started this Committee on 20 May, fully four months ago, so I do not think anybody can say it has not had proper scrutiny. I would just like to draw an analogy. My noble friend mentioned earlier that she ran a 10K at the weekend, I imagine that must have felt like a walk in the park compared to steering this Bill through. I thank her and her other ministerial colleagues and Whips for the way in which they have approached it.
Baroness Smith of Malvern (Lab)
I am more than happy to meet my noble friend and to bring those legal minds with me that I hope will enable him to be reassured. Given that this is the last group that I will be responding to today, I also thank him for what he has said about this Committee stage. It has been lengthy, but usually carried out in a respectful, amicable and constructive way. For that, I particularly thank the opposition Front Benches and, obviously, my excellent Whip and co-responder my noble friend Lady Blake. I agree with my noble friend that I do not think anybody could say that we have not done our jobs as legislators in this place in well and truly giving this a good going over, and I thank all those who have been involved in that.
Lord Norton of Louth (Con)
My Lords, given that, as the Minister said, she is just bringing to a conclusion her 12 days in Committee on the Bill, I was rather hoping that she may be a little demob happy and put aside her brief and accept the amendment.
I naturally welcome the commitment that the Bill will be reviewed within five years. For the reasons I developed, I believe that putting the commitment in the Bill is the preferable option. As I trust was clear from what I said, I do not believe putting such a provision in the Bill should apply to all or even most Bills, but only those that meet the criteria I detailed. Providing for such a scrutiny imposes a valuable discipline in drafting the measure, stimulating Ministers to think about the criteria by which one would know whether an Act had actually achieved what it was intended to achieve. That is not always clear. It would also demonstrate the Government’s confidence in the Bill to achieve its purpose.
The arguments for doing this, as I said, are the same as those accepted by the Government on the Football Governance Act. This is an important issue, not least for the health of the statute book. We rather miss the significance of such provisions, along with commencement orders, by sticking them at the end of Bills. I think we need to look at that again, but that is a matter I will pursue on another day. Given the importance of ensuring good law, I may return to the issue on Report, but for the moment, I beg leave to withdraw the amendment.
Baroness Blake of Leeds (Lab)
Before I start summing up, I just have a comment to make: if loosening ties is good enough for instructions in this Chamber, maybe schools should consider it. I am sorry; we are getting to the last group of amendments here.
These are all exceptionally important amendments that we need to consider. It is a rather strange grouping but there is a theme running through them. I will turn to the noble Lord, Lord Young of Acton, first because his amendment led the group. The whole thrust of this is that it would require schools to remain open to all pupils during civil emergencies unless the other place decided otherwise. I stress that every emergency is different and unpredictable; that is the nature of the beast that we are talking about. We all learned the lesson—some of us were more involved than others—that planning is best when it is agile and takes a whole-system approach, and is responsive to the emergency faced. For example, I will never forget the chilling moment when I got a call from our director of education to say that a teacher had been murdered in one of our schools, all of the emotions that brought in, and the effect on all the children in the school and the staff, and the huge response required at the time.
I am acutely conscious of the impacts that closing schools has on children, and protecting children and young people in emergencies will always be a priority for the Government. I commend those school leaders who kept schools open during the pandemic—albeit for limited numbers of pupils, but the vast majority of schools were open during that time and we should remember that. They did extraordinary work to keep those settings open. They received very strong local support in, I have to say, often a very conflicting and chaotic environment where directives were not clear; there was an enormous amount of confusion during that whole period.
It would not be appropriate here to pre-empt the findings of the Covid inquiry into the decisions made by the previous Government. We must let the inquiry go into a real level of detail. It is of course timely that the children’s module is starting the week after next. We will all watch the evidence that is gathered through that process with great care and great insight. However, I want to raise the issue that, for those of us who had to deal with the directives, there was a question: why were zoos, theme parks and pubs opened before schools? That is the sort of question that we need to try to get an understanding of.
School leaders already manage complex legal duties. No one would close a school lightly. The Government publish guidance to help settings prepare and tailor their approach for different emergencies. For health emergencies, non-statutory guidance backed by public health advice generally works well, and the current framework enables this without new legislation. DfE would work with a range of experts if faced with such decisions at scale again, and we will consider the role that the Children’s Commissioner plays. I would be interested in hearing the views of the Children’s Commissioner at this present moment on whether her office actually has the resource to take on the responsibilities being suggested in the amendment.
Something that might be of interest is that Exercise Pegasus, the UK’s largest-ever pandemic preparedness simulation, started this week. It is a vital step in ensuring that our systems, people and plans are ready for the next pandemic, whenever it may come. DfE officials are participating fully in it, as is Minister Gould in the other place. A Written Ministerial Statement on Pegasus came out earlier in the week, and I recommend that we all look at the experience that has been gathered through that process. Additionally, the Secretary of State for Health and Social Care is looking carefully at legislation around future public health emergencies, drawing on those lessons and ensuring that we are never again in the position of unpreparedness that we faced in March 2020.
Amendment 502P, tabled by the noble Baroness, Lady Boycott, would require new schools to be built to deliver net zero carbon in operation and to be resilient to climate change, and would require action plans to be developed for all existing schools to reach net zero and be adapted to be resilient to the impacts of climate change. I confirm that the Department for Education already requires all centrally funded school building projects to be net-zero carbon in operation. New schools delivered by the department are designed to be climate resilient to a 2 degree rise in average global temperatures, as has been stated, and future-proofed for a rise of 4 degrees centigrade. They need to incorporate sustainable drainage systems and deliver a greening factor of at least 35% to promote biodiversity, and I confirm that this is ongoing.
The DfE sustainability strategy introduced an expectation for all schools to develop a climate adaptation plan, supported by a network of climate ambassadors who, through nine regional hubs, provide free expertise and support to nursery schools and colleges to develop and deliver impactful climate action plans. The DfE has partnered with Great British Energy to support schools in decarbonising their buildings through the installation of solar power and other energy-efficiency measures, such as installing LED lighting.
On the three questions posed by the noble Baroness, I think everyone knows that taking exams at the hottest time of year can be extraordinarily difficult. It is not always extremely hot at that time of year—as we all know, our climate is unpredictable at this time—but that is under consideration. I will have to get back to her on the other questions that she raised around data and information gathering.
Amendment 502YA is a very thoughtful amendment tabled by the noble Baroness, Lady Finlay, who speaks with enormous experience and gave very appropriate examples. I think the way we feel about this is that teaching about emergencies has to be age appropriate. We must work sensitively to ensure that it extends to not overstating risks and helping pupils contextualise what they learn, without causing alarm. That is the very delicate balance we have to tread on this. Of course, there are particularly obvious safety measures we can help to get across, as the noble Baroness outlined. But there are areas in which we need to rely on schools. They are exceptionally well placed to know how to plan for emergencies and how to talk to pupils appropriately. There is guidance available to them, including from the department.
In addition, the Terrorism (Protection of Premises) Act 2025, commonly known as Martyn’s law, received Royal Assent this year, as we have heard. It will require certain premises, including educational settings, to prepare for potential events and be ready to keep people safe in the event of an attack. As such, we think it would be confusing and unnecessary to accept this amendment while Martyn’s law is being introduced within the next 24 months.
Amendment 502YB was proposed by the noble Baroness, Lady Bennett, and states that we need an initial 12-month and then biennial review of the level of preparedness of grant maintained schools and other schools for increasing extremes of climate, particularly high temperatures. Of course, in Australia wearing hats is compulsory, and I think kids having suncream is compulsory as well. Other parts of the world have moved ahead of us, and we need to learn from other experiences. We understand the concern expressed in this amendment, but we have to be very careful about adding to the burden of the sector around collecting the data she suggests and the review. I think we need to be very sensitive to this and make sure everything is done proportionately, while making sure children and young people are safe.
The considerations set out in the amendment should be included in settings’ climate action plans, to be dealt with at a local level. However, for the preparedness of buildings and grounds, we will potentially develop new methods of data collection in the future to help us understand the preparedness of school settings for managing climate change emergencies.
I do not think I need to say an enormous amount more about uniform provision. We issued guidance to support schools in developing and implementing uniform policies which states that schools should take a sensible approach to allow for exceptions to be made during extreme weather.
On the suitability of transport provision, we know some schools provide transport—minibuses, for example. We do not provide guidance or collect information on this transport. Health and safety on educational visits guidance sets out our advice on considerations necessary to plan, organise and risk assess educational visits.
For the level of emergency planning to protect pupil health and well-being, including regulations and rules about maximum temperatures in classrooms, the workplace regulations apply to schools and cover temperatures in indoor workplaces. This is supported by other legislation which requires schools to maintain their premises to ensure the health and safety and welfare of pupils. It is for individual schools to have policies in place for emergency response and safeguarding.
Finally, Amendment 502YK, also in the name of the noble Baroness, Lady Bennett, looks at the rather vexed issue of ventilation and air cleaning in schools and reducing the transmission of respiratory diseases as well as other measures to reduce transmission of other diseases with annual reporting on progress. I agree that good ventilation is vitally important. The department already publishes guidance on ventilation which is consistent with expert advice given by the Scientific Advisory Group for Emergencies, SAGE, during the Covid-19 pandemic on ventilation requirements to reduce the spread of Covid-19 and by extension other airborne infections. I am sure all noble Lords will remember those shots of airborne particles circulating around a room without ventilation and the difference that opening windows and other factors made.
Baroness Smith of Malvern
“(b) section (Employment of children in Scotland) extends to Scotland only.”Member’s explanatory statement
This amendment provides for the clause inserted after clause 26 (by my amendment) to extend to Scotland.
Baroness Smith of Malvern
“(3) Subject to subsection (1), the following come into force, in relation to Wales, on such day as the Welsh Ministers may by regulations made by statutory instrument appoint—(a) section (Employment of children in England and Wales);(b) sections 30 to 35 and Schedule 2.(3A) Subject to subsection (1), section (Employment of children in Scotland) comes into force on such day as the Scottish Ministers may by regulations appoint.”Member’s explanatory statement
This amendment provides for certain provision for Wales or Scotland to be brought into force by (respectively) the Welsh Ministers or Scottish Ministers.
Baroness Smith of Malvern
Member’s explanatory statement
This amendment is consequential on my amendment to clause 66 inserting new subsection (3A).
Baroness Smith of Malvern
Member’s explanatory statement
This amendment is consequential on my amendment to clause 66 inserting new subsection (3A).