Children’s Wellbeing and Schools Bill

Debate between Baroness Shephard of Northwold and Lord Meston

Wednesday 28th January 2026 Lords Chamber

[Lord Meston (CB)]

My Lords, I support Clause 31 and government Amendment 120. I also support Amendment 121A, which would extend the scope of what Clause 31 seeks to achieve, which is to prevent concealment of the real reasons for attempts to withdraw children from school, in particular by parents or a parent with something to hide. The clause provides that the consent of the local authority is required if there is a Section 47 inquiry under way or there has been such an inquiry. Amendment 121A would extend the scope of the need for the local authority’s consent, which I support. However, if we are talking about cracks, I suggest that it could go further. The need for consent should also be triggered if the family court, in private law proceedings, has directed a report and investigation under Section 37 of the Children Act or has directed a local authority to report under Section 7. Experience shows, and certainly my experience is, that it is often in private law proceedings that alarm bells first ring. That is the first opportunity to investigate what really might be happening in the family home.

[Baroness Shephard of Northwold (Con)]

My Lords, I support my noble friend’s sensible proposals in Amendment 121A—they obviously have cross-party support. The Bill proposes a power for local authorities to withhold consent to a child being removed from school in certain circumstances and my noble friend’s amendment would strengthen that principle by giving a local authority the power to refuse consent if a child has ever been subject to a child protection plan or if they are currently defined as a Section 17 child in need because of abuse or neglect.

It is important to remember that although education in this country is compulsory, schooling is not. For some parents this is a very important principle, which is why I support other amendments supported by my noble friend to require a local authority to give its reasons for withholding consent and, importantly, to simplify the huge amount of information a parent choosing to educate their child at home currently has to provide.

My noble friend Lord Lucas, who is in his place, asked an apposite question in Committee:

“What is the Government’s purpose in seeking to be … so intrusive and punitive towards elective home education”—[Official Report, 20/5/25; col. 173.]


in this Bill? The vast majority of parents do not choose home schooling for their children, but for those who do, it is an important freedom. I say to the Minister that I am flagging up a possible situation beyond this Bill. Although parents may choose home schooling, for some it is becoming not a principle but a necessity. I am looking at the parents of children with special needs who are forced into home schooling because the local authority cannot afford to provide for their child, or offers unacceptable alternatives, such as return journeys of 90 miles to a school every day or private tutoring in a public place. Of course this is outside the scope of the Bill, but it is a warning note because we may find that there then is established another category of home schooling for parents who have been offered an unacceptable solution to their problem.