Children’s Wellbeing and Schools Bill

Debate between Baroness Barran and Baroness Whitaker

Tuesday 2nd September 2025 Lords Chamber

[Baroness Barran (Con)]

My Lords, this is the briefest of brief debates, so I think the Committee hangs on the Minister’s every word at this point. The group contains a large number of probing amendments, and my concern about the majority of them is that, again, they would introduce too great an element of variability in the application of school attendance orders, with the concomitant risk of perceived inconsistency and unfairness that I mentioned on the earlier group. I will not repeat those arguments. Suffice it to say that the data published by the department shows considerable disparity in the use of notices and school attendance orders, even between neighbouring local authorities such as Portsmouth and Southampton or East and West Sussex. There is a genuine issue that needs to be resolved in terms of bringing clarity to the criteria and the use of school attendance orders.

I also understand why several noble Lords have sought to lessen the penalties on those parents who fail to comply with the terms of school attendance orders, but I do not agree that it is appropriate, given the negative impact on children of missing out on a suitable education. Rather, I think we should support the Government to offer the most streamlined response so that decisions are taken transparently, consistently and speedily. I look forward to the Minister’s reply.

[Baroness Whitaker (Lab)]

My Lords, I think I should fit in Amendment 368—I apologise; I thought the noble Lord, Lord Lucas, was going to speak again—which is in my name and those of the noble Lord, Lord Bourne of Aberystwyth, and the noble Baroness, Lady Bakewell of Hardington Mandeville, for whose support I am again grateful. It recognises that higher fines, and especially imprisonment of the often lone parent, in fact betray the interests of the child. The Government do not collect information on the protected characteristics of those who are subject to these penalties, so they cannot assess their impact.

All the cases I saw when I was a magistrate were of people in poverty, and we know that Gypsies and Travellers have the lowest rate of economic activity of any ethnic group—47%, as opposed to 63% for England and Wales overall. A Prison Advice and Care Trust survey of 2023, apart from confirming the poverty I have alluded to, points to a range of research showing increased risky behaviour among prisoners’ children, poorer mental health outcomes and the potential lifelong negative impact of parental imprisonment. When a mother goes to prison, 95% of children have to leave home. This amendment would serve the interests of the child, which should of course be paramount, and I urge my noble friend the Minister to accept it.