Children’s Wellbeing and Schools Bill Debate
Full Debate: Read Full DebateBaroness Kidron
Main Page: Baroness Kidron (Crossbench - Life peer)Department Debates - View all Baroness Kidron's debates with the Department for Work and Pensions
(1 day, 21 hours ago)
Lords ChamberMy Lords, I will speak to Amendment 216. The amendment to ban mobile phones in schools was introduced to safeguard children’s well-being, which is a principle that I wholeheartedly support. But it is therefore imperative that we consider all the ways that a mobile phone can be vital for a child’s well-being and security.
I was recently contacted by a mother of a diabetic child who relies on a mobile phone app to monitor her glucose level and manage insulin treatment. Without that device, her child would be at serious risk. For students who depend on assistive technology, whether for communication, medical monitoring or learning support, a mobile phone is not a distraction: it is a lifeline. We must ensure that, in our efforts to protect children from the harms of excessive screen time, we do not inadvertently endanger those who rely on these technologies to participate fully and safely in school life. This amendment provides the necessary clarity and protection for vulnerable students and I urge the House to support it.
Incidentally, I was contacted today by young carers who need access to a phone because of their caring roles. One young carer said, “I’m not going to go into school, then, because I’ll be too worried that something might happen to the person I am looking after”. So there are nuances to this issue and one of the ways of dealing with them is by supporting the amendment that was moved by my noble friend Lord Addington.
On the general issue, whether it is teachers, parents or grandparents, everybody has concerns about mobile phones in school. It is interesting to remember what the head of Ofsted said. He said that they had played a part in the ongoing scandal of poor school attendance,
“whether by chipping away at attention spans and eroding the necessary patience for learning, or by promoting disrespectful attitudes and behaviours”.
He also linked mobile phones in schools to the massive increase in permanent exclusions—which, in 2023-24, were up to a record 10,885 children and young people permanently excluded from school—and to the increase in the number of suspensions. I do not know whether they are a direct result of having mobile phones in schools, but clearly Ofsted’s chief inspector thinks that that is the case.
I think a ban will have to be agreed, but I hope that, when this comes back on ping-pong, the Government might clarify some of the ways that we deal with these exceptions, because there are issues as well. If, for example, a child or young person needs their mobile phone to monitor their glucose levels, how will that phone be handed in or given back? Will there be a register for that? It all needs to be thought through but, yes, we need to ban mobile phones in school.
My Lords, I too added my name to Amendment 215 but, like my noble friend Lord Hampton, I have spoken on this issue quite a lot and anyone who would like to know my view can find it in Hansard—reams of it.
However, I want to ask the Minister a few questions about the Government’s current position. I was delighted to hear the Prime Minister declare that no one thinks you should have phones in schools and that schools are expected to be phone-free by default. I am particularly pleased because that is a shift in government messaging: in the last two debates on this issue, I was told that the guidance was sufficient as it is and that 90% of secondary schools already have policies in place that work.
I am delighted, but I want to understand what recycling the guidance is going to do to change the experience on the ground for children. Only 15% of children say that phones do not affect their lessons in some way. How will the new guidance help?
My second question is around Ofsted inspections. Ofsted inspects about a quarter of schools each year, so each school gets between three and four years between inspections. I would like to hear from the Minister because I am concerned that, if we pass this today and stick with the Government’s guidance, there are some schools that will not be inspected for another four years. We have a problem in the real world. We will have new guidance, but with a system that will be checked at some time in the future. I am worried that many things could happen in that gap.
Thirdly, I looked at the government website, where Ofsted’s national director of education wrote:
“If a school chooses not to follow the guidance, inspectors will continue to explore the impact of mobile phones on pupils’ behaviour, safety and wellbeing”.
Can the Minister state under what circumstances not having a bell-to-bell restriction would be appropriate, given what the national director of education has said?
Finally, I hope to give the noble Lord, Lord Addington, a little support. I have long advocated for a bell-to-bell restriction, for support for schools to store phones during the day, and for exemptions for children, carers and even for pedagogical reasons—teaching about phones—and for pupils who need assistive technology. But this has taken so long, and we cannot let the exemptions undermine the need to act. If this goes through tonight, will the Government come back with something that is sensitive to these exceptions but does not undermine the purpose of the amendment from the noble Baroness, Lady Barran? We cannot have an expectation of a phone-free school day, an inspection regime that means that, even if we arrive on this today, some schools will not have seen it in four years’ time, and a policy which the inspectors represent as a choice. This does not add up.
The reason most often given by Ministers against this policy is that it is worse at home. I beg the Government to give the kids a break and eight hours off. The Government are in loco parentis when children are at school. This would be a marvellous thing for the Government to do for parents.
My Lords, when I spoke on this Bill at Second Reading—which seems a million months ago, but perhaps it is not quite that long—I said that I was not convinced about having a ban on phones in schools. I think the noble Baroness, Lady Kidron, said that I should listen to the arguments.
Whether we agree with online content and what children should access from smartphones is, in a way, a separate debate. There are two main arguments tonight which mean that I will support Amendment 215. First, as we have heard, this should be about supporting good educational outcomes. There is no doubt that having phones in schools is a distraction. We should give our young people the best possible opportunity to concentrate and focus for those eight hours in school.
Secondly, Ministers have said that there is guidance which strongly encourages schools to have policies that mobile phones should be put away. When I speak to teachers and heads, they say that, without something a bit tougher, it is very difficult to police, particularly when parents or families come in and say that there is an exception or why it should not apply. Sometimes they are even very aggressive towards teachers and heads who say that the pupils should not have phones. We should take the opportunity to support education outcomes and those who have to police this policy on the front line by supporting this amendment.
Lord Tarassenko (CB)
My Lords, Amendment 227 is in my name and that of the noble Baroness, Lady Kidron. We started with AI during Oral Questions what is now yesterday afternoon. We considered the use of AAI in the debate on Amendment 209 yesterday evening. We are now back with AI within edtech. Amendment 227 is about ensuring that a minimum level of provision of software tools, including websites, is available to every pupil in England, regardless of the school they attend.
Over the last six months, I have worked with Professor Peyton Jones from the University of Cambridge and the Raspberry Pi Foundation to develop proposals for a level 3 qualification in data science and AI. This is being done in consultation with the relevant team in the Department for Education.
Importantly, this level 3 qualification would not be just for those sixth-formers who will go on to read computer science at university but, first and foremost, for the professionals of the future, such as lawyers, economists and doctors. The aim is to give those pupils in the final two years of school sufficient knowledge and experience of up-to-date AI to enable them to use it properly in their time at university and at the start of their professional careers.
If the UK is to have a workforce ready to take advantage of the opportunities that AI offers, AI education needs to begin at school. I know that His Majesty’s Government recognise this. They have just published a set of standards which generative AI products should meet to be considered safe for users in educational settings. However, these are intended mainly for edtech developers and suppliers to schools and colleges, not schoolteachers and administrators.
During a workshop organised by the Raspberry Pi Foundation last November, I met teachers from all types of schools who were keen to learn more about a level 3 qualification in data science and AI. I soon discovered that IT departments in many schools today have a strict, if misguided, interpretation of the Online Safety Act. As far as they are concerned, the safest way to prevent pupils accessing harmful or inappropriate material while on school premises is to bar them from accessing any website, even and especially OpenAI’s. There are other schools, of course, where the staff in the IT department operate a more nuanced firewall policy.
This amendment seeks to ensure that there is an irreducible minimum set of software tools, including websites, which every pupil in any school in England will be able to access during the school day. Pupils should be prevented from accessing websites which may lead to harm, but they should instead have access to websites with strong educational missions; for example, Code.org or MathsWatch. These would be included in a register of software tools permitted in schools and whitelisted by the school network firewall system.
Schools would be free to add other websites if they wished to do so, but the amendment would ensure that all pupils in England had access to a minimum set of whitelisted software tools, enabling them to learn about data science and AI as part of their school education. I beg to move.
My Lords, Amendments 238 to 240 are in my name and those of my noble friends Lady Cass and Lord Russell. I support Amendment 227 in the name of my noble friend Lord Tarassenko. I start by thanking the Minister and her officials for the engagement that we have had since Committee. These amendments, unlike in the previous grouping, are all about a single thing: the uses of technology in our schools. I feel that they are long overdue; we have seen many of them before in our deliberations on the Data (Use and Access) Bill, as well as earlier in this Bill.
Less than a fortnight ago, the Secretary of State delivered a speech in which she said that we are in the middle of a technology revolution in education and that technology is moving so quickly that:
“The world of even 5 years ago is gone forever—already a lost, obsolete age”.
We are in a time of change, but I am very concerned that this uncritical view of tech is difficult for schools. The Secretary of State is dismissing long-standing educational practices, honed by experience and research, in favour of technology, some of which is proven to be unsafe and to invade privacy, and much of which has yet to be tested.
I will go through the amendments quickly. Amendment 238 would require the Secretary of State to prepare a statutory code of practice on the efficacy of educational technology within 18 months of the Act’s passing, and a certification scheme for minimum pedagogical standards for edtech procurement in schools. In December, the Minister wrote to me to say that the Government were developing a new approach to certify edtech products to make certain that they are safe and fit for purpose, through an accreditation service and statutory guidance. It seemed from the letter that she was referring to filtering and monitoring, which I will come to, but I would be grateful if she would clarify that when she responds.
The problem is that the process by which we are interrogating edtech is far slower than the process by which we are introducing it into our schools. Although I welcome the idea that the Government will test novel products and consult a wide group of people, unless I am mistaken, the regime does not offer a certification scheme that guarantees the learning outcomes of edtech.
It is for that reason that I also support my noble friend Lord Tarassenko’s Amendment 227. He and I have worked on a number of issues that seek to apply existing rules to technology to ensure that those who develop it consider the needs of individuals and communities into which it is deployed. Given that my noble friend has given a detailed explanation of his whitelist amendment, I will not reiterate it now, but I commend this amendment to the Government, because it is a model for how we should deal with edtech more broadly: insist on existing standards, make adherence visible and, in doing so, make a well-designed, private, positive use case for tech in schools. Without the existing standards, we cannot see what the edtech is doing.
Amendment 239 requires the Government to set statutory standards for filtering and monitoring systems used in schools. This amendment is marginally different from the one that I tabled in Committee, in that it clarifies adherence to data collection practices, that there is nothing in them that prevents staff carrying out their safeguarding duties, and that the standards would be checked with real-time tests established through a certification scheme with which Ofsted would check that schools complied.
I have been pressing this issue for over five years and yet we have failed to solve the problem. The introduction of generative AI means that we are going backwards and I believe that the Government have turned to guidance again: they have updated their filtering and monitoring standards only this month. I am pleased to see that that guidance now clarifies that barriers to illegal content must be switched on at all times and I believe that the Minister will also commit to consultation.
However, experts at the UK Safer Internet Centre suggest that seven of the 24 filtering and monitoring systems used in the UK do not currently meet the standards that filter for illegal content and only three of them currently provide clear evidence that they can analyse and block generative AI content in real time, as the new standards require. The same experts say that market compliance is uneven, that schools are dependent on providers’ self-assessments and that there is a serious gap between policy intent and consistent implementation. We need to remove the inconsistency, meet basic safety requirements and insist that they are routinely checked. It is not right that schools are left with the burden of working out what the system they have paid for does or does not do. I understand that many school leaders believe they comply with filtering and monitoring standards, but do not. I worry that the Government are overestimating compliance overall.
It is a tragedy that we are discussing this at midnight. This amendment should have been put in front of the House. I remind noble Lords who are in the Chamber or reading this in Hansard that Frankie Thomas lost her life, and her parents, who campaigned fiercely for these amendments, have for five years been told by Minister after Minister that this would be put right, and it still has not been. I ask the Minister to give me some hope that this will be put right in statute at the basic level we require and that experts are asking for. Obviously, there will be no vote this evening.
Finally, Amendment 240 would require the ICO to issue a code of practice for educational settings. On Report of the data Bill, the then Minister, the noble Lord, Lord Vallance, gave firm commitments that the Government would use their powers to require the ICO to publish a new code of practice. In Committee of this Bill, the Minister said the ICO was under a commitment to produce an edtech code of practice, but the Minister’s letter to me of 16 December said the Government will lay regulations in the second half of 2026 requiring the ICO to begin work on the edtech code. This is political snakes and ladders. I am back at the beginning. In the old world—which is gone for ever and obsolete—it was not doable that every movement, emotion and learning outcome of a child could be taken by a commercial company from school and pushed into the commercial world to be exploited.
Amendment 240—which I have been promised twice by two different Ministers—would set a clear time limit of six months after the Act’s passing within which an ICO code of practice for education must be established. As set out in the Minister’s letter, it will be more than 18 months from when Ministers first committed to it that it would be started. Can she speed that promise right up?
Each of these amendments asks the Government to set the standards so that tech can do the technology, the teachers can do the teaching and the children can flourish. Anything less is putting big tech ahead of children.
Baroness Cass (CB)
I will be brief, given the time. I will talk about only two things and try to keep noble Lords awake with them: academic passion and the gut microbiome. That will keep noble Lords on their toes.
On academic passion, when I was president of the paediatric college, we thought we did not have enough female professors of paediatrics. I adhered to that view until, one day, two of them were in my office at the same time, tearing strips out of each other so aggressively that I thought: “Yes, we need more of these people, but we should never let two be in one room at the same time”.
I saw similar passion at an educational conference; the passion of those educational academics was quite something. There were arguments about whether assessment drives learning, between those who believe in it and those who do not. Similarly, there was an equally colourful argument about teaching children to read with phonics versus other methods.
The striking thing about these academics is that, while years have gone into academic research and there are all sorts of controversies, the point is that everyone who is in this field is interested in educational outcomes, not commercial incomes. That is the difference with what we are seeing in the technology we are serving up to our children.