Children’s Wellbeing and Schools Bill
Baroness Whitaker Excerpts(3 days, 10 hours ago)
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Lord Hampton (CB)
My Lords, I echo the words of the noble Baroness, Lady Barran: head teachers need and deserve reassurance that they will be backed to exclude or suspend where necessary. I would like to pass on the experience of a head teacher who told me recently that he had had to permanently exclude two pupils who had set the school on fire; they were successfully moved back to a PRU.
I am now in the rather bizarre situation of speaking against an amendment to which I put my name: Amendment 459. As a teacher, I thought that this amendment was eminently sensible, given that the police would still be able to decide whether or not to act. But I found out that it is more complex than that. Rebecca Warren, the executive principal of the Mossbourne trust, says:
“I agree that on the face of it this appears eminently sensible as one would think it is vital to ensure that all services are alerted to ensure that the perpetrator … and victim are offered necessary support. Given that the police service is one of the three arms of Safeguarding Boards (along with the council and healthcare) then police should be alerted and equally responsible for the welfare and safeguarding of children. An act of violence against an adult in a school environment is, in itself, a safeguarding concern.
However, I am dismayed that once again no duty is placed on the police to respond or act. So, in the absence of a collegiate approach, I worry this will become just another duty for teaching professionals with no duty placed on fellow services. I must emphasise that this should not become yet another safeguarding duty placed on the shoulders of schools, with schools being potentially penalised if an act is not reported. Reporting to the police is very likely to erode the trust between child/home and school. This is only worth risking if there is a definite response and support from the police for the child and family.
My question is why the professional judgement of educators is deemed to be less worthy than the professional judgement of the police ie: educators have a statutory duty to report (and must always support) but Social Care and the Police have no statutory duty to support when a report is made”.
Peter Hughes, the chief exec of the Mossbourne trust, makes this plea:
“This Bill is in danger of treating schools as if they are full of idiots without the ability to make sensible decisions. Schools, as the second class citizens in the safeguarding arena, spend more time with children than the other three safeguarding partners combined. We are the only service that is in loco parentis 190 days a year from the age of 4-18. Like any good parent, we need to make judgments about what is in the best interests of our children balanced against society and the other members of our family (students and staff). I would ask that we are afforded that right”.
Baroness Whitaker (Lab)
My Lords, I support Amendment 501 by the noble Lord, Lord Storey, and will speak to Amendment 464 in my name and those of the right reverend Prelate the Bishop of Lincoln, the noble Lord, Lord Bourne of Aberystwyth, and the noble Baroness, Lady Bakewell of Hardington Mandeville, for all of whose support I am most grateful. The amendment implements and supplements an excellent recommendation of the Stephen Lawrence inquiry. It is difficult to understand why it has been left on the table when racism has been acknowledged as a problem in schools for so long.
Gypsy, Traveller and Roma parents have reported racist incidents as a reason for opting for home education for as long as I have been concerned about these communities. One of the problems in their case is that, because the children are usually white, they are often not recognised as members of a legally defined minority ethnic group. But they are ill-treated, ostracised and bullied for that membership just the same. Now, we also have seen religious prejudice, incidents and taunts demoralising children and undermining their motivation. This totally belies the right to freedom of religion and belief. It really is time to put this right and record and report such incidents. They should have no place in the conduct of the school day. Unless the data is captured, the position will not be understood and improved. This is an amendment, surely, whose time has definitely come.
Lord Nash (Con)
My Lords, I speak to Amendment 502YF in my name and those of my noble friends Lady Barran and Lord Bailey, to require an assessment under the Children Act when a child is permanently excluded. The reason for this amendment is that, in my experience, when a pupil is permanently excluded without an adequate handover or adequate liaison between the school and the local authority, there is a risk that the pupil disappears into a black hole. I have sat on, thankfully, few PEx panels—we really do not like excluding pupils in my trust. I have always hated having to exclude a pupil, not just in its own right but because they just disappear from view.
In my view, schools should continue to have some involvement, if not responsibility, for PEx students to ensure that they receive adequate provision. As things stand, they have no say in where children go when PExed, often because the local authority has an arrangement or a contract with one or two AP providers such that there are no other options—and, of course, in some areas, the AP providers have no capacity. As I have said, that is why we desperately need more such provision. I would like to see schools with greater involvement in this. I understand that, in Milton Keynes, there is a model where about a dozen secondary schools—11, I think—co-operate well with the local authority on this. That could perhaps be a model for the future.
I also support the amendments in the name of my noble friend Lady Barran in this group. Poor behaviour by a few students has a dramatic effect on the effectiveness of a school. Teachers spend a disproportionate amount of time dealing with a few pupils who exhibit very poor behaviour, and they are increasingly acting as social workers. We must protect the other pupils in the school, and we must support our teachers. There comes a time when the disruption this causes to other pupils and to teachers means it is necessary to exclude certain pupils.
Baroness Whitaker (Lab)
My Lords, I support Amendments 472 and 479 briefly but very warmly. I will not try Treasury terms, though as a former civil servant, I of course recognise their strength.
Quite apart from the intrinsic value of enabling happiness, which I confess is my underlying reason, well-being has instrumental advantages for society. It stimulates motivation, energy and concentration, particularly for demoralised and alienated children, such as those from minority-ethnic groups who have experienced constant prejudice and belittling, among others. It encourages them on to a pathway of achievement. We know that children from disadvantaged backgrounds and on free school meals are more likely to have lower well-being, as are care leavers. In our credentialised society, improving motivation and raising achievement can reduce the disturbing proportion of NEETs who slot aimlessly into routes to unemployment and crime.
I think well-being is allied to a sense of self-worth—after all, if you feel your world does not think enough of you to value your happiness, you may well feel that you are not worth it yourself. It is this absence of sense of self-worth and self-respect that I noticed most strikingly among the criminals I met when I was a magistrate; also among the children at risk of delinquency who I used to run a club for; and even among a few so-called normal children when I did some teaching; and more recently in encounters with embittered adults whose childhood had surrounded them with prejudice and discrimination. Children can be resilient and can triumph over adversity if they are motivated enough, but the erosion of the ability to cope, which suffering and the absence of well-being causes, has clearly undermined an increasing number.
Well-being has been notably increased by the right kind of design and architecture in schools, and particularly by music education, including singing. There is good evidence for that, but well-being needs to be measured systematically in all schools. This would do much to start embedding a stable culture of resilience and happiness in our schools, so I very much hope my noble friend the Minister will accept these amendments.
Baroness Ramsey of Wall Heath (Lab)
My Lords, I speak in support of Amendment 502YG, in the names of the noble Baroness, Lady Morgan of Cotes, and other noble Lords. Your Lordships may well have seen the helpful briefing from the Natasha Allergy Research Foundation, of which I have the honour to be a parliamentary ambassador. For those noble Lords who have not had the chance to read it, I will share some brief highlights, given the hour.
Two children per class suffer from food allergies, on average. If your allergic reaction to milk, cheese, nuts or anything else triggers an anaphylactic shock, you need an immediate dose of adrenaline injected with an EpiPen, also known as an autoinjector. Half of all of England’s schools have not got one—that is 10,000 of them. Two-thirds of teachers have not had any formal training on what to do if a pupil suffers from an anaphylactic reaction or shock—and that is in the buildings outside the home where children are most likely to have an anaphylactic shock, unsurprisingly, since they spend six hours a day, five days a week, 38 weeks a year there.
I am confining my remarks on this amendment to the support of all elements relating to EpiPens and autoinjectors, but I support all of the amendment. Your Lordships can see from my comments that requiring all schools, not just half of all schools, to have an EpiPen and someone who knows how to use it has the potential to save lives and reassure countless parents that their children will be safe at school.
Your Lordships might be wondering why so many schools are completely unprepared for this sort of emergency. Schools have a vital day job to do. It is hard enough teaching maths to children who are not interested—please insert your own least favourite lesson if you happen to be a mathematics enthusiast—so is it fair to load this responsibility on to them as well? I gently say that all that is being asked at this point is that an EpiPen is in the school reception and that there is someone who knows one end of it from the other. I am not joking—I am afraid that there has been at least one incident of a member of staff injecting themselves with adrenaline rather than the pupil in shock.
Another argument which might be used against the amendment is that it is surely the responsibility of the pupils at risk to carry their own EpiPens and of their parents to make sure that they do. This is true, but I imagine that my noble friend the Minister agrees that it is not realistic to assume that every child will follow the rules every day without fail. The evidence shows that pupils are most at risk when they are 15 to 17 years-old, precisely the age when they are most likely to take risks.
I have spoken in this House on this issue before, as the mother of a now 17 year-old pupil who has suffered two episodes of anaphylactic shock. Yes, she has two EpiPens in her bag and yes, I try to make sure that she always does. But just like any other mother, I know that things do not always go to plan. I live with that fear just like so many others.
Shortly after my daughter’s first anaphylactic shock, 10 years ago, her doctor at the Evelina London Children’s Hospital, just across the river, asked for my phone after her emergency treatment. To my astonishment, he then took photos of my pale, limp and silent daughter as she lay in my arms. He explained to us that we should print out these photos and give them to her grandparents, her friends’ parents and anyone else who was a bit doubting that severe peanut allergy is really dangerous, and keep one for her first boyfriend in years to come, so that everyone who might have to treat severe allergies would understand that this is what can happen, and that the adrenaline in EpiPens is life-saving.
It is well worth requiring schools to keep them and for them to know how to use them. They save lives.
Lord Jackson of Peterborough (Con)
My Lords, I oppose this amendment. Time does not permit me to properly debate and discuss Amendment 471, so I will confine my comments to Amendment 465. I thought that the comments from the noble Lord, Lord Weir, were very apposite, and I more or less wholly agree with him.
I want to specifically talk about the first part of the amendment, which would replace the duty to provide an act of worship with
“an assembly which is principally directed towards furthering the spiritual, moral, social and cultural education”,
rather than the specific issue of replacing the daily act of worship. This amendment contains an incoherent phrasing that, in effect, amounts to an imposition of humanist beliefs. To refer to spiritual education, regardless of religion or belief, is absurd. To refer to moral education, regardless of belief, is irrational. It is impossible to make moral judgments without beliefs about what is right or wrong or beliefs about how these judgments should be made.
It is not possible to understand British society and culture without regard for the religious beliefs that have shaped its literature, music, art, history and institutions. The exclusion of religious belief from a social and cultural education in assemblies is illogical and will restrict pupils’ understanding. The assumption that it is possible to provide an assembly
“directed towards furthering the spiritual, moral … education of the pupils”,
without regard to belief, is illogical. In effect, these new assemblies would promote humanist beliefs and provide pupils with a highly partial account of spiritual, moral, social and cultural education.
As humanists are keen to point out, not everyone is religious. There are people who hold non-religious beliefs, but these are beliefs, and consequently shape the perspective, values and attitudes of those who hold them in ways that are not neutral. They are sincerely held, but they are not universally held. This is why Humanists UK, for example, campaigns so vigorously—it needs to persuade others who currently disagree with it.
There is also a disparity in parents’ rights to withdraw their child. Currently, all parents have the right to withdraw their children from collective acts of worship, but this amendment allows parents to withdraw their children from assemblies in schools that contain an act of worship but does not allow parents to withdraw their children from humanist assemblies. This two-tier system is deeply inconsistent and unfair. The state educates children on behalf of parents with their permission, and not against their wishes; the amendment is inconsistent with Section 9 of the Education Act 1996, and incompatible with Article 2 of the first protocol to the European Convention on Human Rights. I surmise that there has been no consultation with the Church of England, the Roman Catholic Church or any religious bodies on this in respect of this amendment.
Without the context of religion, the content of these assemblies will inevitably focus on issues of a political nature, and views on these issues will have to be considered with religious perspectives excluded. There are already concerns about political impartiality in schools, and this amendment risks making matters worse.
Britain and its values are rooted in Christianity, and this continues to be reflected in our national life. Currently schools can accommodate important national days, such as Remembrance Day, within their acts of collective worship. The noble Baroness, Lady Meacher, spoke in favour of the Private Member’s Bill proposed by the noble Baroness, Lady Burt, earlier in the year, which aims to achieve similar changes to this amendment, arguing:
“Children need to be taught early the importance of generosity, kindness, neighbourliness … community support”.—[Official Report, 7/2/25; col. 968.]
But the fact that these are valued in contemporary British society is due in large part to the impact of Christianity. These values have positively transformed society and are still cherished in modern Britain. It is impossible to explain the development of these values to pupils without regard for the context of the religious beliefs from which they arose.
There is an assumption that Britain is becoming an increasingly secular country, which is used to support these amendments, but it is not borne out by recent studies which demonstrate a sharp increase in young people attending church. Dr Rhiannon McAleer, co-author of The Quiet Revival, states:
“While some traditional denominations continue to face challenges, we’ve seen significant, broad-based growth among most expressions of Church—particularly in Roman Catholicism and Pentecostalism. There are now over 2 million more people attending church than there were six years ago”.
The present legislation already allows for the consideration of all beliefs, and requires the head teacher to have regard for the background of pupils in determining the extent to which collective worship reflects Christian belief. If still unhappy, parents can withdraw their child. The proposals are trying to fix a problem that does not exist.
There is also the issue that the amendment extends to Wales, where the education system and governance are devolved.
For all the reasons that I have laid out, I oppose this damaging and wholly unnecessary amendment.
Baroness Whitaker (Lab)
As it is late, I shall just register my support for Amendments 465 and 471. I agree that a large number of young people and their parents do not adhere to a religious faith. It is clearly valuable and important for them to learn about the central faiths that influence our culture, but they are also entitled to have access to moral and ethical frameworks which do not depend on a religious faith so that they may arrive at their own moral compass. These amendments would enable that positive development.
Baroness Bennett of Manor Castle (GP)
My Lords, I offer Green support for all three of these amendments, but in the interests of time I shall make two brief remarks about Amendments 463 and 465.
On Amendment 463, I agree with all the contributions made thus far, but with a focus particularly on the relationship and sex education part of it. I think that it is also important that we focus on the PSHE element of that. This is education about the financial sector and managing personal finances, something that it is generally agreed there is a real shortage of. This is education about physical and mental health—and I cross-reference the earlier amendment from the noble Baroness, Lady Grey-Thompson, about the importance of physical literacy in particular. It is also about rights and responsibilities. We have to note that, with votes at 16 now being government policy and coming in this direction, it is surely important that we provide education about voting and our political system to young people in our further education system.
When I say that we need that kind of education, people sometimes say that that is an argument against votes at 16. I think that 16 year-olds are as well informed about our political system as 60 year-olds, and they all need more information and more education. Educating 16 and 17 year-olds will also provide information that will disseminate out into the general community through their family, friends and colleagues in the workplace.
On Amendment 465, I want to respond directly to the noble Lord, Lord Weir, who, I think, suggested that there was something odd about the idea that the noble Baroness, Lady Burt, had previously brought two Private Members’ Bills—I have spoken in support of both—and that their subject was now being put forward as an amendment to a government Bill. There is a very well-trodden path for—
Children’s Wellbeing and Schools Bill
Baroness Whitaker Excerpts(1 week, 2 days ago)
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Baroness Whitaker (Lab)
My Lords, I was going to speak in support of Amendment 451, in the name of the noble Lord, Lord Storey, but perhaps he is going to introduce it when he winds up for his Front Bench. What I have to say is probably relevant to the wider aspects of this debate. I declare that I am a patron of Humanists UK.
I have listened to children speaking about the unregistered schools that they went to, of all faiths. Of course this is only about some schools. Nevertheless, I was very struck by what they had to say about the paucity of the curriculum, often about the enforced dogma of what was taught, sometimes about abuse and sometimes about a very anti-social and anti-democratic ethos. Of course this does not at all represent all faith schools, but those children themselves were not alone.
In short, we need to get a grip on unregistered schools, especially in the case of children for whom education has not been working well, as in the amendment tabled by the noble Lord, Lord Storey. I very much look forward to my noble friend the Minister’s explanation of how we navigate this real problem in the free and diverse society we live in, as we must—we must navigate it. Unregistered schools are not all good—on the contrary.
Lord Sentamu (CB)
My Lords, the concern of those who have spoken against Amendment 427C in the names of the right reverend Prelate the Bishop of Manchester and the noble Lord, Lord Glasman, is, if I have understood right, around whether these pupils are being safeguarded. Proposed new paragraph (h)(iii) says
“where the institution demonstrates to the Local Authority that it provides the required safeguarding measures”.
That is important. If it did not say that, I would be joining those who do not want this amendment.
The noble Lord said that it is wrong to call these schools and to think that they are providing education, and that the education being provided is in home-schooling. In terms of safeguarding, the amendment is very clear: the local authority must be satisfied that safeguarding measures are in place. Therefore, for me, the arguments fall away because the drift of them was about whether there is sufficient safeguarding for these pupils.
Because the amendment is quite sensitive, I was not going to speak to it or support it. Having heard the arguments, I am persuaded that proposed new paragraph (h)(iii) answers the question. Therefore, I am bound to support this amendment.
Children’s Wellbeing and Schools Bill
Baroness Whitaker Excerpts(1 week, 2 days ago)
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Lord Black of Brentwood (Con)
That is not the case, as I understand it, but perhaps we could speak about that afterwards.
Most importantly, the regime is effective because inspection is best conducted by experts who know the sector. The ISI is made up of people who understand how it works. That is particularly true for boarding schools, which have a very different operational model from the vast majority of schools that Ofsted inspects. The noble Baroness rightly talked about accountability, which is an extremely important point. Peer review, in this case, is the best way to produce some form of accountability, but we will have to differ on that.
ISI is also, as the noble Baroness, Lady Berridge, said, self-funding. So it is no burden on the taxpayer, which is an important point, especially in the current economic circumstances. Changing this tried, tested and effective system would be costly, placing additional burdens on Ofsted; it would be disruptive; and above all, it would almost certainly weaken standards of inspection because inspectors would be unfamiliar with the types of schools they were looking at, and therefore what issues of which to be mindful and aware.
I hear what the noble Baronesses say, but I do not believe the case for such a significant and expensive change has been made; nor, indeed, is there any clamour within the sector, or from parents and teachers, as far as I know, for radical reform of this sort. I hope the Committee will reject these amendments.
Baroness Whitaker (Lab)
My Lords, among several interesting amendments in this group, I support in particular Amendments 432A and 434 in the names of my noble friends Lady Blackstone and Lady Morris of Yardley. My reasons are exactly as I set out in our discussion of the previous group, so I will just sum up to my noble friend the Minister that we need to have an effective grip on unregistered schools, because of the undoubted harm to education and well-being being done—by some of them only—with impunity.
Lord Agnew of Oulton (Con)
My Lords, I rise to support Amendment 432A from the noble Baronesses, Lady Morris and Lady Blackstone, who spoke very well. I am sorry that the noble Lord, Lord Glasman, is not here. He spoke very movingly, but I do not believe that any group in our society should be given the right to entirely exclude themselves from mainstream British life.
I was the Faith Minister for a time. I was assiduously courted by them; they are very good at that and were charming people, but I had to fight with them to get them to speak and teach in English, let alone all the rest of a broad curriculum that allows one to function properly in our society. For the noble Baroness, Lady Hoey—I am not sure that she is here—to compare it with an easy-going Sunday school feels disingenuous. Sunday school is unlikely to be 10 hours a day, and these yeshivas are of course running for 10 hours a day, five days a week.
This is an important issue and I hope the Minister will look at it carefully, because otherwise, we will be setting a very dangerous precedent.