Children’s Wellbeing and Schools Bill

Debate between Baroness Barran and Lord Elliott of Ballinamallard

Wednesday 10th September 2025 Lords Chamber

[Lord Elliott of Ballinamallard (UUP)]

My Lords, briefly, I have a query about proposed new subsection (2) to be inserted by Amendment 426E. I am wondering who would make the judgment around whether legal action would be required if it were to

“harm … a child’s welfare, or … on balance, … greater harm … a child’s education than if the legal action was not pursued”.

I agree with the noble Lord, Lord Storey. In my experience, schools have been very good at making the assessments and dealing with young people’s difficulties. The difficulty sometimes is in the relationship between the school and the authorities—I find that that can be problematic.

I am not clear about supporting the amendment because of that proposed subsection, as I am not sure who would make that judgment. Who would make the judgment as to whether the child or young person is doing that deliberately, or whether it is due to their mental health state or some other reason? I am keen to know who would make that judgment.

[Baroness Barran (Con)]

My Lords, I preface my remarks on these amendments by saying that I do not recognise the Dickensian school world that my noble friend describes. I would encourage him to visit any of the schools that I have visited, led by the noble Lords, Lord Nash, Lord Knight and Lord Hampton, and my noble friend Lord Agnew. In case anyone is thinking that I think only about academies, at my school of joy, Stanley Road Primary School in Oldham, the children are bursting with pride at what they achieve, in a clearly very deprived community. I acknowledge and thank all those involved in delivering education and joy to our children across our schools.

My noble friend’s Amendment 426D seeks to create a mechanism for sharing best practice between local authorities on home education. The principle of sharing best practice is, of course, an excellent one, but I agree with the noble Lord, Lord Storey, when he says that it is perhaps disproportionate for the Secretary of State to require this report. There is nothing preventing local authorities trying to learn from one another already. Local conditions vary considerably on, for example, the availability of special schools between local authorities. The conclusions that could be drawn from the data that my noble friend suggests should be analysed could be misleading.

I agree with the noble Lord, Lord Storey, on Amendment 426E and the care that schools take to support children. There is a wider point here. It could be argued that a lot of particularly criminal prosecutions of a child’s parents could result in harm to the child, particularly if the child’s principal carer is sent to prison, and that is something that the courts already consider. My noble friend’s amendment would cut across many other areas of legislation and some of the principles that underpin our criminal justice system in a way that is not realistic. I hope that the Minister will be able to clarify both these points when she comments.