Children’s Wellbeing and Schools Bill

Debate between Baroness Spielman and Lord Hampton

Wednesday 28th January 2026 Lords Chamber

[Baroness Spielman (Con)]

My Lords, I have Amendment 243D, which is unchanged from the amendment that I tabled in Committee. It is late and I shall be brief. We are in a world where we all have a much greater propensity to complain in great numbers and are doing so very frequently. AI is making it easy to complain at great length, with minimal effort, and service providers of all kinds are quite simply drowning in workload. Talk to any head teacher and you will hear this.

I propose streamlining the current messy patchwork of statutory provisions to create a single streamlined model in which complaints will be triaged and considered only by the most relevant body, with information available to others when necessary. I believe that this would improve schools’ capacity to respond to serious concerns.

The Minister’s response was that the issue was being considered by the Improving Education Together group of unions and other stakeholders, with which the Government are committed to co-developing policy design and implementation. Indeed, this consideration seems to have happened, because guidance was recently published, both for parents by DfE and for schools by Parentkind. The content is entirely sensible, but it does not address the major structural problem: that a minority of parents can and do spray complaints at every conceivably relevant entity, including Ofsted, DfE, the Teaching Regulation Agency, as well as school governors and MATs or local authorities. A proportion of parents do not desist, even when they get fair and reasonable responses, and these volumes are drowning out the serious complaints that absolutely need attention. And despite this guidance, there are still those different legal frameworks and best practice guidelines for maintained schools and academies, which continues to create confusion.

I think schools will have hoped for greater acknowledgement of the scale of the issue and the impact it is having both on staff well-being and more generally on school capacity to respond, especially in relation to AI-generated complaints. I think they will now be hoping that the schools White Paper will provide for root and branch review of the system, including a co-ordinated system to triage complaints, such as this amendment would provide for, and perhaps also some powers for school leaders to act where there is unreasonable behaviour that goes beyond what is contemplated in this amendment. With apologies to my noble friend Lord Jackson, I think that rationalising the current problems to release the capacity that needs to be there for serious complaints is perhaps more likely to help than adding an additional layer. I therefore hope that the noble Baroness will be able to reassure me that the Government intend to go beyond mere advice as to how all parties can use the current legal framework better.

Finally, Amendments 190 and 191A are also important in establishing some important principles of fairness for school staff as well as for parents, and Amendment 191 would close a small but significant loophole.

[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.

Children’s Wellbeing and Schools Bill

Debate between Baroness Spielman and Lord Hampton

Monday 23rd June 2025 Lords Chamber

[Baroness Spielman (Con)]

It is perfectly possible for children to log in on different devices. They can log into a social media account and the school can use broader control facilities to ensure that all information is wiped, or all personal details are wiped, at the end of a session. That contains the range of what children are doing in any given session.

To give another analogy, we do not teach children about the risks and harms of drugs with drugs and the paraphernalia for using them in their hands or on their desks. More generally, I am afraid that the history of teaching children about risks and sensible and safe behaviour do not have that much to show that they can be successful.

One of the saddest reports that we published during my time at Ofsted was on child obesity. It showed, sadly, that the schools that were doing the most to promote and encourage healthy eating did not have measurably different obesity rates from the schools that were doing the least. So I think there is reason to fear that simply an educational approach, as has also been advocated here, might not be all that effective.

Finally, I will explain why, although I agree with so much of what the noble Baroness, Lady Morris, said, I have come to the opposite conclusion. It is important that we think about how to reinforce the authority of head teachers and teachers in this difficult space. With legislation, they would not have to argue the toss with parents to sustain a school policy that will always be disliked by some parents. What we have seen and heard, including expressed so eloquently in this Chamber today, shows that mobile phone use by the young is likely to be at least as harmful to them as smoking, and we have no difficulty with having a ban on smoking in schools. I believe that a ban will reduce arguments and give time back to schools—to heads and teachers—as well as helping children. So I hope that this amendment will be included in the final Bill.

[Lord Hampton (CB)]

My Lords, I added my name to Amendment 458 in the names of the noble Baroness, Lady Barran, and my noble friend Lady Kidron. I have spoken on this issue several times in your Lordships’ House, and I will not repeat those speeches here. I am a teacher and have taught for 10 years, but never in a school that allows students outside the sixth form to carry phones to or in school. My noble friend Lady Cass says about mobile phones that the stakeholder view and desire for action in this area is overwhelming. I will talk not about the separate issue of whether smartphones themselves are harmful but rather about whether they should be in school at all for the under-16s.

Students who do not carry phones do not get mugged for phones. In schools that do not allow mobile phones, students talk to each other at break and lunchtime, or play games or go to clubs, rather than staring at their phones. So I am about to be rather brave here: for the first time I am going to disagree with the noble Lord, Lord Knight of Weymouth, and the noble Baroness, Lady Morris of Yardley—at the same time. I do not think that an exception for educational purposes would be workable. You cannot teach these students how to use phones; they know far better than we do. What you can teach them are the dangers. Again, I am going to do a first here and say that it might be rather better on a PowerPoint slide than doing it practically. I really worry about 30 students in a room with their mobile phones—what carnage could happen there? But this is back of a fag packet stuff.

The excuse quite often is that carers need to communicate with people. Actually, carers do not need phones; they need time away to be children. Quite often, the people they are caring for can be very demanding, and sometimes too demanding. Schools are very good at getting messages to students in emergencies. If it is not an emergency, perhaps the child does not need to know right away. Parents do not need to know exactly where their children are at every given moment. If there are emergencies with transport, they can go to a responsible adult and ask for a message to be sent or to borrow a phone. We managed over 100 years in education without mobile phones in schools—why start now?

The Minister said recently that it is up to school heads to make the decision. At a time when, with this Bill, decisions about uniform, pay, admissions and the curriculum are being taken away from school leaders, I think a lot of them would be secretly delighted to have the Government take this decision away from them and take the lead on it, allowing them just to police the phone ban without getting the blame.

Children need time to be children: to learn, to play, to interact and to build and rebuild friendships, face to face. Leaving aside the view of the noble Lord, Lord Addington, which I can see—but schools can provide the technology themselves—none of these is improved with a mobile phone.

Children’s Wellbeing and Schools Bill

Debate between Baroness Spielman and Lord Hampton

Thursday 12th June 2025 Lords Chamber

[Baroness Spielman (Con)]

My Lords, I support Amendments 134, 143 and 178. Fostering is critical to the provision of good care for all children who need it, and it is a really tough job.

In Committee so far, not very much has been said about the very large proportion of looked-after children who have significant special needs—it is more than 90% of all children in children’s homes, and it is over 70% of all looked-after children. Many of those are problems that have arisen as a result of post-birth experience, but there are quite a lot of instances where these are problems that children were born with and will be with them for life. Some children are in foster care precisely because their birth parents have not been able to cope with their significant needs, so we ask a tremendous amount of foster carers.

The measures in the amendment to improve on the current position are very welcome. But the Government could go further in some very practical ways, which is why I support my noble friend’s amendments. Room sharing is not always appropriate, but for some children it will be suitable. Similarly, foster carers need more authority to make more of the decisions and do more of the often everyday things that parents do.

I support the comments made about the need for streamlined recruitment processes and a foster care strategy that really thinks about the support services, training, respite and wider services that help foster carers to do it well, to feel that they have the capacity and that they can sustain the tremendous effort of foster caring through the whole period that any given child needs it. There is an opportunity here.

[Lord Hampton (CB)]

My Lords, I speak to Amendment 143 in the name of the noble Lord, Lord Young of Cookham, to which I added my name and to which the noble Lord, Lord Bird, spoke so powerfully. I thank the Nationwide Association of Fostering Providers for its help on this.

As we have heard, this amendment aims to ensure that the challenges within foster care services are both recognised and addressed. With a well-defined strategy in place to oversee necessary reforms to the system, we can ensure that local authorities are no longer burdened by the unstable expense of children’s social care.

Many foster-children feel that their new home has given them a new chance, and they feel like a genuine part of the family. Foster carers overwhelmingly say that being a foster-parent has had a positive impact on their lives, as they provide love and support to vulnerable children.

Independent fostering agencies—IFAs—play a huge role in providing high-quality care for children: some 96% of IFAs are rated “Good” or “Outstanding” by Ofsted.

While the Government’s commitment to the foster care system since the general election is a positive step, it is vital that any interventions go beyond short-term fixes. This is why we need to see the introduction of a dedicated foster care strategy to provide strategic oversight to the tactical pledges made previously.

There are welcome measures outlined in the Bill to regulate and introduce oversight of independent fostering agencies. However, given that these IFAs make up a significant proportion of the sector, without a dedicated foster care strategy, which provides insight into the Government’s ambitions for the sector, this already precarious sector is unable to plan effectively for the future. Ultimately, without addressing the underlying causes of pressure in children’s social care, such efforts risk falling short of delivering lasting impact.