Children’s Wellbeing and Schools Bill

Baroness Blower Excerpts

Wednesday 28th January 2026 Lords Chamber

[Lord Hampton (CB)]

My Lords, I shall speak very briefly to Amendment 191A, to which I would have added my name had I been slightly more organised. I have been a member of teaching unions in the past but I am not any longer. Many teachers are not members of a union. These are personal decisions, whether cost or philosophical. Trade unions play an important role in the workplace, but not being a member should not put you at a disadvantage when facing a formal allegation. It is all very well bringing a colleague along but, apart from the moral support, they might not be much help.

Doctors and dentists are permitted to be accompanied at disciplinary hearings by representatives from professional defence organisations under the NHS’s maintaining high professional standards framework. This has not undermined trade unions or weakened safeguarding: it has simply ensured that highly scrutinised professionals are not left unsupported at critical moments and has helped to ensure that due process has been followed. Teachers and school staff operate under comparable levels of public scrutiny and regulatory oversight. Amendment 191A is a modest, sensible step that reflects the reality and promotes fairness and consistency in how disciplinary processes are conducted. It does not even go so far as arrangements in medicine but is a step in the right direction and I strongly support it.

Amendment 243D, to which I did actually add my name, is very simple. I know from first-hand experience how complicated school complaints can be, with different complaints being sent to different organisations, often duplicated. They could be going to DfE, Ofsted, TRA, the school and the LEA. This is a very simple, overdue and badly needed amendment.

[Baroness Blower (Lab)]

My Lords, it was a pleasure to listen to the speech from the noble Baroness, Lady Evans, which was about a modest change to the remit of the TRA. However, I support Amendment 190, to which I have added my name, precisely not to extend the TRA’s remit in two particular ways—that the TRA should be allowed to consider, as the noble Baroness opposite said, complaints about behaviour before someone becomes a qualified and practising teacher, and that it should be allowed to consider complaints after someone has stopped teaching.

I do not know whether there is any confusion in the minds of anyone in the Government. Clearly, if someone interrupts their teaching and then wants to come back to it, that is a different matter. If we are talking about people who have permanently left teaching, though, it seems unreasonable for the TRA to proceed. With regard to people against whom the TRA might seek to proceed before they have started teaching, the National Education Union says:

“Once the door is opened to pre-career conduct, it becomes very difficult to draw principled boundaries. How far back should investigations reach? Should conduct as a teenager or student be included? What weight should be given to immaturity, context, or personal development?”


What about what both the noble Baroness opposite and I described in the meeting with Minister Gould, which I was very pleased to attend, as “youthful high jinks”, which in no way reaches any kind of criminality but someone might seek to complain about?

There is a real problem here. Even Minister Gould said that she could see we were saying that these proposals seemed to be too much of a broad brush, and that is indeed my concern. Teachers are rightly held to very high standards and, although we heard some egregious examples of bad behaviour from teachers, in general the vast majority not only are held to high standards but meet and exceed them. Therefore, to create the pressure of the possibility that someone could complain about pre-career conduct or post-retirement conduct seems to be an unnecessary burden to put on both the teaching profession and the TRA, which is not currently able to manage the workload it has, although that is not my prime consideration.

Noble Lords will have heard from the noble Baroness opposite that during the meeting we hoped that there might be some movement on this. Like her, I have now had the letter from Minister Gould, who says:

“I also want to assure you that we are committing to setting out in guidance a framework which makes clear the factors that will need to be considered before the TRA can proceed with an investigation … We will do this in consultation with the sector and unions in due course”.


As the noble Baroness opposite said, and as has been said from many corners of this Chamber on many occasions, setting out guidance in a framework is not the same as having something in the Bill. The NEU concludes:

“Even if guidance later seeks to limit this, primary legislation would authorise the power, and guidance alone cannot cure an overly broad statutory remit”.


It is with regret that I say that I think the Government have got it wrong on this. However, I am slightly pleased that there will be a consultation and I am sure that the sector and the unions will engage very vigorously in that. If this amendment is not accepted, I hope that this being in the Bill does not set the tone and imply that we think there is every reason to have open season on anyone who might become a teacher or once was a teacher.

[Lord Lucas (Con)]

My Lords, I am thoroughly in favour of Amendment 191A. I have been involved in that sort of situation a couple of times in my life. It makes an enormous difference for someone facing a perilous investigation to have someone beside them to make the points that make it clear that the school—or whichever organisation—has got it wrong. It is a very hard thing to do yourself; it is much easier if you have someone beside you to take that burden. I recommend that the Government pursue Amendment 191A.

I also very much hope the Government will pursue the amendment advocated by my noble friend Lady Spielman. We have to get the complaints system right. I had a go at this in Committee and got bounced by the Government consistently. It would really reduce the burdens on people dealing with complaints to have something that takes the weight off, has a really good triage system, is really good at explaining to people why their complaint is rubbish and nonsense and is equally good at making sure it gets to the right person with the right advice tagged to it. It would also increase the effectiveness of justified complaints. Parents taking to social media and having the police called on them is not the right way forward.