Children’s Wellbeing and Schools Bill

Debate between Baroness Smith of Malvern and Baroness Morris of Yardley

Wednesday 28th January 2026 Lords Chamber

[Baroness Smith of Malvern (Lab)]

We have moved slightly faster than I expected us to move, which I am sure is greatly welcomed by most Members of your Lordships’ House. I begin with the group of amendments concerning Clause 40. Government Amendments 176 to 183 and 185 principally concern the Bill’s provisions on the material change regime, which governs the type of change that independent schools require Secretary of State approval to make.

When the Bill was first published, concern was raised that minor or secondary changes, such as bike sheds or classroom conversions, would be unnecessarily captured if changes of buildings at a school’s already registered address were treated as material changes. The Government have listened to these concerns and the amendments now make clear that building changes at a school’s registered address do not require material change approval. Importantly, the same principle applies to any additional addresses that the department registers after approving a change of building. Further changes of building at these addresses will not be treated as material changes.

These amendments take a proportionate approach. They reflect that a registered school making use of new or unfamiliar addresses may be placing pupils at higher risk of harm. Under these changes, the focus will be on any addresses beyond the school’s registered address and any additional addresses registered following an approved change of buildings where there is no prior assurance that standards are met. In addition, these amendments clarify that only changes to how an institution providing special education is specially organised constitute a material change and require ministerial approval. Actions taken solely to meet an individual pupil’s needs do not constitute a material change.

The Government have worked closely with interested parties to ensure that the original policy intent is properly captured. It is right that, where independent schools make changes to their operations that may place children at risk of harm, the Secretary of State is made aware of that and is given assurance that these changes are safe. That is an important principle, and these amendments are a sensible balancing act between strengthening oversight and avoiding unnecessary bureaucracy.

I turn to Amendment 184. In Committee there was broad support for Clause 43, which aims to strengthen Ofsted’s powers to investigate suspected illegal, unregistered independent schools and registered schools operating unlawfully. These additional powers have been drawn with an awareness that the powers currently available to Ofsted in Section 97 of the Education and Skills Act 2008 are inadequate to identify suspected criminal behaviour. Therefore, when drawing up Clause 43, the Government listened closely to the chief inspector to make sure that these powers can be put into operation.

The amendment is aimed at giving greater confidence to the chief inspector when operating under these new powers. It is the Government’s experience that demonstrating offences in this space relies heavily on gathering documentary evidence. Some of that evidence may, under ordinary circumstances, be considered confidential or otherwise fall within existing legislative restrictions. The amendment therefore facilitates the chief inspector’s access to such information when acting under the authority of a warrant, where that is relevant to deciding whether a relevant offence is being or has been committed. It further ensures that independent judicial oversight, in the form of a warrant, is sought before such documents are inspected, copied or, when necessary, seized in reliance on these powers. This approach strikes the right balance between protecting the rights of the individual and ensuring that the chief inspector is able to properly inspect potentially dangerous settings. I beg to move.

[Baroness Morris of Yardley (Lab)]

My Lords, I have a quick question for the Minister on Amendment 184, which she described towards the end of her speech. I agree with the purpose of this and most of the details, but I am not quite sure what is meant by “excluded material” or “special procedure material”. Is that anything to do with data protection? If it is an unregistered school, would the inspector be able to go in and seize, copy or have access to a register or pupil progress file without having to go and get a warrant? If they gain access and then have to go and get a warrant before they can see the register or the pupil progress information, they are not going to be able to do their job effectively—but that hangs on what is meant by “special procedure material” and “excluded material”. Does that include things such as school registers?

Post-16 Education and Skills Strategy

Debate between Baroness Smith of Malvern and Baroness Morris of Yardley

Wednesday 22nd October 2025 Lords Chamber

[Baroness Morris of Yardley (Lab)]

My Lords, I too welcome this White Paper. I think it is a turning point. It is a document of ambition and a very serious document. If it is implemented, it is a turning point—there will be no going back on some key issues. But the devil really is in the detail and, although it is an ambitious document, I just want to press the Minister on the BTECs and the V-level qualifications because that is the biggest change. If they do not work, this will not be a successful White Paper.

Did I hear the Minister say that there will be no gap between the defunding of the successful BTECs and the introduction of the V-levels, even if that is later than anticipated in the White Paper, which may very well be the case? A query I have in my mind is: if the content of the BTEC is successful now with both employers and learners, will that content be reclassified as a V-level or will it cease to exist?

[Baroness Smith of Malvern (Lab)]

To reiterate, what we have said is that where there is a T-level in place, we will, as we said we would in the qualifications review that we did last year, defund a large qualification that sits alongside it because all the evidence is that students get through T-levels—and the placements, for example, that go alongside T-levels—a better chance of progression. But, yes, in all other areas we will maintain existing qualifications up to the point that a V-level is in place to replace them. We will want V-levels to build on what is good about current vocational qualifications, including BTECs, and that is why we will engage, through our advisory group, with college principals, the awarding organisations and others. Of course, we have issued a consultation document on the development of V-levels and the other important reforms in post-16 qualifications, which I encourage not just noble Lords but anybody else who is interested in this to contribute to.

Free School Meals

Debate between Baroness Smith of Malvern and Baroness Morris of Yardley

Tuesday 10th June 2025 Lords Chamber

[Baroness Smith of Malvern (Lab)]

On Thursday, I think I will have the opportunity to answer a Question in this House on financial education in schools. Of course, I agree with the noble Earl that it is important that children develop the mathematical and business skills to understand the decisions that they then need to make about their own and their family’s money, and he makes an important point about pension contributions —notwithstanding his argument that young people should start them from the age of 18. I am not quite sure whether, in primary school, you can embed in a child’s mind the significance of that, but he makes an important point about ensuring that people understand the importance of pensions. Of course, hopefully, those children will look to their grandparents and the additional funding that they will receive as a result of this Government’s ability to maintain the triple lock, and they will see that investing in a pension is a good thing to do.

[Baroness Morris of Yardley (Lab)]

My Lords, I very much welcome this Statement. It really is good news. I particularly welcome the look at nutritional standards. We talked about resources in, but, in education, we use free school meals as a measurement not only for money going into the school but for attainment levels, and that has become quite a considered and important way of monitoring performance and improvement. Have the Government given any thought to how having so many more children entitled to free school meals will affect that set of statistics, and does more work need to be done on that?

[Baroness Smith of Malvern (Lab)]

My noble friend makes two important points. First, she is right that, alongside this announcement, we have also said that we think now is the right time to review the nutritional standards for school food. My ministerial colleagues have already begun work with stakeholders on scoping out what will happen there and how those standards can be brought up to date. It is an important point that quite often accountability measures—analysis and monitoring of attainment—is based on a proxy of free school meals for disadvantage. The department will look at other ways of measuring that disadvantage and the way in which that can then be used to ensure attainment. Even more importantly, as I am sure my noble friend will have noticed, the Secretary of State is absolutely clear that the most disadvantaged groups need to have a better deal and to be supported to perform better in our schools than has been the case until this point, and she will do everything necessary not only to measure how effective that is, but to ensure that it happens as well.

Breakfast Clubs: Early Adopters

Debate between Baroness Smith of Malvern and Baroness Morris of Yardley

Thursday 27th February 2025 Lords Chamber

[Baroness Smith of Malvern (Lab)]

The noble Baroness asks precisely some of the questions that the early adopter scheme will enable us to consider. I agree that teachers should not be extending their day to do this. Schools will find different ways to think about the staffing of these clubs, which we can look at in the early adopter scheme, and the accommodation in which to do it. I do not necessarily agree that it would not be appropriate to use a classroom; some schools might think that is the best way of doing it. There is the flexibility, if necessary, to use premises close to the school if that is more appropriate. However, those are very legitimate questions. The early adopter scheme will help us iron them out and find the best practice that I am sure schools will develop.

[Baroness Morris of Yardley (Lab)]

I want to follow up one of the questions that has already been put to my noble friend. I was very pleased to hear the number of SEN schools that are part of the project. Has the Minister had talks with transport authorities about getting children with SEN to their school earlier, in time to have the meal? We all know that those transport arrangements can go awry for all sorts of reasons; if talks are not being held, this might add extra complexity that could jeopardise the system.

[Baroness Smith of Malvern (Lab)]

My noble friend makes a very important point, which links to the point about children with turbulent lifestyles and how they can get to school on time. I will certainly take it back to my honourable friend Minister Morgan, to think about in the development of this. As he is very good at this sort of stuff, I am sure he has already thought about it, but I will make sure that he has.

Higher Education Reform

Debate between Baroness Smith of Malvern and Baroness Morris of Yardley

Tuesday 5th November 2024 Lords Chamber

[Baroness Morris of Yardley (Lab)]

My Lords, it is difficult to be pleased that fees will have to be raised, but I acknowledge the parlous state that HE finds itself in, and I welcome that the Government have taken as much early action as they can to try to make the situation better.

I will put just two points to the Minister. First, can she clarify what I think I just heard in response to a previous question, that for students who are already at university—that is, not becoming first-year students from the start of the next academic year—whether they are charged the increased fees may vary from university to university depending on the contract? If I heard that correctly, when might that be announced, so that we have certainty as to what will happen for the majority of students in September?

Secondly, I very much welcome what the Minister said about looking to do more to widen participation. In the work that she and the department carry out on that, will she have a look at the statistics for students from less advantaged backgrounds who are already at university to see what the dropout rate is? I know that it has been higher than for other groups. One challenge is getting those young people to university, but if they then drop out, we have not achieved a great deal. I would be grateful if she could confirm that that could be part of the considerations.

[Baroness Smith of Malvern (Lab)]

I thank my noble friend and wholly agree with her. It has been a difficult decision to ask students to pay more to safeguard the future of higher education, but I think it was the right decision. On the point about students who are already there, yes, it is the case that the increase in tuition fees will cover students who are already studying. In some ways it is not for the Government to clarify the position. Higher education institutions are autonomous and will need to be clear with their students about the impact on them of the increase in fees. I will correct myself if I am wrong but for most, the assumption would be that the increase in tuition fees will go ahead in the way we have described. My noble friend is right that there is a big differential in those who drop out of university, with more disadvantaged students being more likely to drop out, less likely to continue and less likely to have good outcomes at the end of their time at university. As well as widening access, that is another area where we want to make progress with the sector.