Children’s Wellbeing and Schools Bill

Lord Addington Excerpts

Monday 23rd June 2025 Lords Chamber

To me, it seems like an inevitability that our Government will one day introduce such a restriction, and I would lay good money that it will be before the end of this Parliament. I urge the Minister to get on the right side of history, put something on the table that can take this idea forward and put Britain’s children first, while maintaining our position as a global technology leader.

[Lord Addington (LD)]

My Lords, there seem to be two issues here. One is social media and the other is the smartphone, and the two of them are accessed via each other. However, we should remember what a smartphone is: it is a platform for using technology.

The reason I raise this is that—and this is in my declaration of interests—I am someone who believes in and uses assistive technology, and one of the easiest ways to get that is, increasingly, through your smartphone. As a dyslexic, I access literature, often with complicated local accents in it, via technology. Initially, it was an abridged book on tape. You can use it that way, so there is potential here. The noble Baroness, Lady Morris, talked about caveats, but there is the potential to benefit people, including in the education environment.

It is one of the oddities that we refer to our phone as something which is a tool. It is a tool for much of the deaf community because they text. Texting is easy when somebody has not been in an environment where they have been taught to write properly, because that is what happens in the deaf community. They become addicted to text speak. Let us be a little more selective about this.

I salute the noble Lord, Lord Nash, for starting this debate and starting it so well. But remember, do not throw out the baby with the bathwater. Make sure this is something you can use as a platform. There will be other ways, and there may be ways around this, but I just say that everything has a price, and this is one. Please remember it. You might be excluding groups that we will be talking about in this Bill and future ones, who use it as something to support learning. I felt I had to say that to throw it into the argument, because it is an important thing to bear in mind.

[Baroness Spielman (Con)]

My Lords, I support the noble Lord, Lord Nash, and the noble Baroness, Lady Penn, in the amendments they have proposed. I also agree very much with the comments made by others, such as the noble Baroness, Lady Morris of Yardley, who made some important points, especially about the risk of overloading schools. My noble friend Lady Shephard made some very important points about safeguarding. When, as chief inspector, I reported on sexual harassment and abuse in schools, it was notable how much of that we found to be linked to smartphone use.

I would like to clear up a bit of confusion, because I think we are not properly distinguishing between personal and school-controlled devices. I think the noble Lord, Lord Addington, was heading in this direction a moment ago in his remarks. Every school has many school-controlled devices—computers and sometimes tablets—and it is much easier to maintain the framework of safeguards around devices that are owned and controlled by schools than it is around personal devices.

These devices are suitable for teaching media literacy and many other things or in teaching children how to use technology. They can also very effectively provide technology. The dividing line here is between devices schools are able to control fairly fully and devices that essentially remain children’s property and in the children’s control, and where there will never be the level of supervision needed to make them safe—at least not in the foreseeable future.

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[Lord Addington (LD)]

There is a great way of discovering that you have no dyscalculia or dyslexia—Japan did it. They just did not recognise the words.

[Baroness Bull (CB)]

The noble Lord returns to a theme he has raised before.

To conclude, children have 13 precious years to gain the knowledge and the skills that will set them up for their adult lives. All children need to be ready to take advantage of that from day 1, including children who learn differently and therefore need different support from the very beginning.

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Moved by

[Lord Addington]

183CD: After Clause 26, insert the following new Clause—
“Early intervention and screening at first contact with the justice system(1) Within two years of the day on which this Act is passed, the Secretary of State must publish a strategy to protect and promote the wellbeing of children in police custody.(2) The strategy must set out—(a) steps which should be taken to ensure that all children taken into police custody are screened for SEND and neurodivergence using a nationally approved methodology,(b) the accredited training police officers and legal representatives of the children must complete to support the child’s wellbeing and to aid recognition of SEND and neurodivergence,(c) mandatory access to sources of wellbeing support during any police interview, and(d) minimum standards for the treatment and conditions of children detained in police custody.”

[Lord Addington (LD)]

My Lords, on the spur of the moment, having read through the amendment, I have decided that I would like to hear the Minister’s answer.

[Baroness Spielman (Con)]

I was hoping to speak to this amendment.

[Lord Addington (LD)]

I have to move it otherwise you cannot speak to it.

The linkage between the criminal justice system and those in it and special educational needs, neuro-divergence and many disabilities is something that a lot of us have known about for a long time. This amendment suggests that we get early recognition and assessment of such conditions upon first contact with the justice system. There are lots of schemes that suggest this will help. Indeed, the Metropolitan Police and Merseyside Police have autism awareness badges that provide information so that the police can interact properly with people. It is becoming more and more apparent that, if you have problems with written work or communications, you are going to struggle with the criminal justice system. It is blindingly obvious when you give it a little thought.

We also know that, for people from certain economic backgrounds who might struggle with the education system, criminal activity becomes, to put it bluntly, more of an acceptable career path. I want nothing more, nothing less than to see that the Government are thinking about this and the approach to it. I look forward to hearing what the Minister says.

[Baroness Spielman (Con)]

My Lords, I want to express some concerns about Amendment 183CD. Its intentions are clearly excellent, but there are nevertheless some real concerns to take note of here.

Diagnoses of special educational needs are made by educational psychologists and experienced clinicians. To ensure there is consistency in diagnosis and treatment, it is important that that continues to be the case. By contrast, “neurodivergence” is a term with no clinical definition or standard. In a world where stigma about mental health conditions has been reduced, or in some cases even reversed, it is, as we all know, increasingly common for teenagers and adults alike to assert their neurodivergence. Sometimes, that leads, in essence, to a claim, by or on behalf of the individual, that they should be able to self-identify into additional services or special treatment.

In the case of the criminal justice system, the hazards of that are obvious, and, if children, parents or their lawyers see an opportunity, they will have a strong incentive to take it, irrespective of whether they have a true diagnosis that warrants that treatment. So, although it is of course sensible for police to obtain information about a child’s diagnosed health or educational conditions that are relevant to their detention and treatment, and so to make proper inquiries, that is one thing, but to set up a parallel diagnostic system leaning on a concept that does not have a clinical definition is another, and is clearly wasteful and risky. Those concerns should affect any consideration that is given to this amendment.

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[Lord Addington (LD)]

My Lords, I thank the Minister for her reply. I agree that neurodivergence does not really have a case in law; as it is not my amendment, I can be as rude as I like about the drafting. I wanted to get the idea across of a divergence of approach across the police forces in the United Kingdom, as well as divergence between how seriously you take various conditions.

The police will be very aware of how you deal with somebody who has bad literacy, as virtually all the prison population—something like 70% or 80%—has bad literacy. With other conditions, such as autism, there is great concern; people with autism are greatly overrepresented in prisons as well. Perhaps you do not react to social signals, or you do not understand what is going on, or you are easily led. I have heard all these things said about people on the autism spectrum.

What I wanted to get over to the Minister, and I think I did, was the picture of a diverse situation. There are screening tools available suggesting how you should conduct an interview; how you go about that is important. The police have got this horribly wrong in cases in the past, which has meant wasting huge amounts of time and money and caused a lot of distress.

I thank the Minister for her answer. I will go away and consider whether I think it needs to be brought back; rather, I will consult the noble Lord, Lord Carlile, and do that. This is a real problem. That is why I took the Committee’s time to move the amendment but, having heard the Minister’s answer, I beg leave to withdraw.

Amendment 183CD withdrawn.