Children’s Wellbeing and Schools Bill

Baroness Spielman Excerpts

Tuesday 20th May 2025 Lords Chamber

[Baroness Eaton (Con)]

My Lords, I too speak in support of the purpose clause tabled by my noble friend Lady Barran. I declare my interests as a member of Beckfoot multi-academy trust and of the Leeds Diocesan Learning Trust.

It surprises me greatly that adoption does not form part of the Bill. Despite improvements in the adoption system, evidence highlights significant gaps in support. Last year’s Adoption Barometer showed that the proportion of adoptive families facing severe challenges increased from 30% in 2022 to 38% in 2023, which is the highest over the six years of reporting. Also, the number of prospective adopters has declined.

There are particular issues with support for contact between adoptees and members of their birth family, and with transition to adulthood. Some 4,000 children per annum are adopted—of those, 80% have suffered abuse, neglect or violence, and 11% come from dysfunctional families. Many spend up to 15 months in care with several foster families before being adopted. Adopted children are more than twice as likely as other children to have special educational needs.

The virtual school has different remits for different cohorts. Adoption UK evidence shows that where virtual schools go above their statutory duty, which is limited to previously looked-after children, there are positive results. The Bill potentially produces an inequality in the wording around the remit of virtual schools for different cohorts of looked-after children.

One in 10 adopters home-educated their children in 2023. In the majority of cases, that is because the school system is not set up to support their child’s needs. Adopted children have lower attainment, higher rates of SEND and higher evidence of autism and ADHD. The Bill presents the opportunity to consider the barriers that lead parents to home-educate in the first place, and to review the support that local authorities offer to adopters.

Parents of adopted children are not the only group who feel that state education is inadequate for their children. The Bill demonstrates a shift of power from families to the state. As my noble friend Lady Fraser said at Second Reading:

“The powers in Clause 30 … override the rights of parents and families to decide what is best for their children”.—[Official Report, 1/5/25; col. 1408.]


On improving safety and standards in the education system, which is included in my noble friend Lady Barran’s proposed new purpose clause, I welcome the efforts of my noble friends to ban the use of smartphones in schools. Policy Exchange has done incredible research on the impact that smartphones have on children in school. It is striking that where smartphone bans exist, students in those schools are achieving GCSE results one to two grades higher than those in schools with a more laissez-faire policy. I hope the Government will accept the amendments tabled by my noble friends that seek to implement a universal ban on smartphones in schools.

My noble friend’s proposed new purpose clause is key to defining the objectives of the Bill. It is the duty of us all to bring about positive changes to the Bill if there is to be any possibility of improving the well-being of children.

[Baroness Spielman (Con)]

My Lords, I will speak very briefly and will save most of what I want to say for the specific amendments. I listened to the entire Second Reading debate below the Bar, but at that point I was not able to speak in this House.

I support my noble friend Lady Barran, who has rightly drawn attention to the need to have express purposes linking through to the improvement of provision for children. I support all four proposed new paragraphs and I share some of the concerns that have been expressed, especially by my noble friend Lord Balfe and the noble Baroness, Lady Cass, for example, about conceiving this from the starting point of children and thinking about their experience in the round.

When I read the Bill I was struck that the Long Title does not mention the word “well-being”, despite the title, and I could find no thread through to explain what it meant. For me, it is the likely outcome of loving a child, caring for them, looking after their health, educating them and making sure they have peers, good relations with the adults around them and the opportunities to discover where their strengths lie. Many such things contribute ultimately to well-being.

We need this test around improvement because there are—I will not go into this now—a number of clauses where it seems to me that there is clear, direct and sometimes quite recent experience to make us believe that it is more likely that the clauses will do harm than good. I want to make sure that in debating the amendments there is enough space for us properly to consider the true likely impact and that that will be recognised and taken into account by the Minister.

Children’s Wellbeing and Schools Bill

Baroness Spielman Excerpts

Tuesday 20th May 2025 Lords Chamber

[Baroness Spielman (Con)]

My Lords, I support the amendments proposed by my noble friend Lady Barran. These proposals are clearly well intentioned but there are reasons why this has not been done before, and her desire to explore how these amendments are intended to work is absolutely right.

Just to put it in context, in a typical local authority, there are 400 or 500 schools and nurseries. This goes beyond anything that can reasonably be characterised as a “partnership”. So, how will it work? How much capacity will it absorb in each of those? What will it add?

The core documents that all these providers must work with in keeping children safe in education and working together, get bigger and bigger each year. Many schools and childcare providers are close to the limit of complexity that they can manage.

I should have declared an interest at the outset, as a former chief inspector of Ofsted.

Most schools that fall down on safeguarding at inspection are small—typically primaries, often standalone primaries, and special schools. The vast majority take safeguarding seriously but some are struggling with the complexity. We need to be very sure about layering on safeguarding partnership responsibilities and, later in the Bill, corporate parenting duties, on top of all the existing duties. It may not add anything to safeguarding and, in some cases, could be the straw that breaks the camel’s back and drives good staff out, or forces early years providers to close.

Generally, layers of duties that make everyone responsible tend to blur who has the primary responsibility in any given situation. There will be the greatest value in these provisions if they work to achieve maximum simplicity and clarity, so that they are workable in the hands of normal, well-intentioned people.

[The Earl of Effingham (Con)]

My Lords, it is a pleasure to speak after such knowledgeable contributions from all noble Lords. It is fair to say that all the amendments in this group are wrestling with the same issues, which have been raised by the Children’s Commissioner and by the independent review into child social care, led by the honourable member for Whitehaven and Workington.

We want to include education and childcare agencies in safeguarding arrangements. Indeed, schools already play a huge part in this area and make a significant percentage of safeguarding referrals where they have concerns about a child. But in practice it is hard, because of the number of organisations and their differing size and capacity.

We have heard from all sides on this, with many calling for full statutory partner status for education and childcare—such as in Amendment 24 from the noble Lord, Lord Hampton, and the noble Baroness, Lady Longfield—while others are worried about workability. We fear that we may err on the side of caution regarding how full statutory partner status could work in practice, although we will of course reflect on the points made by all noble Lords.

We support the aims of Amendments 21 to 23 from the noble Lord, Lord Farmer, who has such a depth of experience and understanding of these areas in general and of family hubs in particular. Amendments 20 and 25, from the noble Lords, Lord Hampton and Lord Bichard, aspire to have an inclusive and non-bureaucratic approach to these arrangements. Naturally, we fully support Amendments 26 to 28, from the noble Baroness, Lady Barran.