Children’s Wellbeing and Schools Bill

Lord Agnew of Oulton Excerpts

Thursday 3rd July 2025 Lords Chamber

We hear again and again in this Chamber great concern about the number of pupils who are not in school, attending lessons or getting the education that they need. It is really striking that, in nearly all these cases, pupils are from disadvantaged communities. Pupils are being sent home, threatened with exclusion and put into isolation because of their hair. We must say that teachers and pupils can cope with people having different coloured hair and having different haircuts. If we are to get serious about education for all, we should absolutely not exclude pupils because of their haircut or hair colour.

[Lord Agnew of Oulton (Con)]

My Lords, I am taking a slightly different approach with my Amendment 200, which relates to school uniform policy.

It is important to recognise that a tiny minority of schools use the cost of uniforms as an unpleasant instrument to screen out children in poor families—I am not in denial of that. However, that relates to perhaps 1% or 2% of the 20,000 or more state schools. Nor am I in denial that we should do something about it. A lot has been done, which I will come to in a moment.

Nevertheless, the solution proposed in this clause is heavy-handed and bureaucratic. It is a classic example of the dead hand of the state intervening in an entirely impractical way to cause more harm than good. Does Whitehall really know how many branded items a school would like to use? Where does the magic number of “three” come from? For example, schools encouraging sport and competing with others are trying to foster an identity, and branded sportswear is a basic part of that. Have the bureaucrats found out how much a branded iron-on logo costs? A quick search of the internet suggests that you can buy them, custom designed, for £1.16 each.

How can we do this? I refer to my interest as the chairman of Inspiration Trust. Let me quote some of the bullet points from our uniform policy:

“We will make sure our school uniforms … are available at a reasonable cost … Provide the best value for money for parents/carers. We will do this by … Carefully considering whether any items with distinctive characteristics are necessary … Limiting any items with distinctive characteristics where possible. For example, by only asking that the blazer, worn over the jumper, features the school logo … Limiting items with distinctive characteristics to low-cost or long-lasting items, such as ties … Considering cheaper alternatives to school-branded items, such as logos that can be ironed on, as long as this doesn’t compromise quality and durability … Avoiding specific requirements for items pupils could wear on non-school days, such as coats, bags and shoes … Keeping the number of optional branded items to a minimum, so that the school’s uniform can act as a social leveller … Avoiding different uniform requirements for different year/class/house groups … Avoiding different uniform requirements for extra-curricular activities … Considering alternative methods for signalling differences in groups for interschool competitions, such as creating posters or labels … Making sure that arrangements are in place for parents to acquire second-hand uniform items … Avoiding frequent changes to uniform specifications and minimising the financial impact on parents of any changes … Consulting with parents and pupils on any proposed significant changes to the uniform policy and carefully considering any complaints about the policy”.


It is all there—I am sure, in large part, just following the DfE guidance. Your Lordships will see a similar approach on most of the larger academy trusts’ websites. The bit missing is the cost, but, according to the Schoolwear Association, uniform costs have undershot inflation by 34% in the last three years. According to the House of Commons Library, the cost of a secondary school uniform in 2014-15 was £232 for a boy, while today it is around £94. Great progress has been made—that has been driven by guidance, which is a good thing.

However, does this really need a central government mandate? In the last three years, my chief executive has not had a single complaint about uniform costs—that is for over 11,000 pupils in 18 schools. Let us say that something has to be done, but, rather than a top-down Whitehall diktat, we suggest that the members mechanism that the Labour Government themselves originally conceived be given the task. The extraordinary power of this structure and the protection of stakeholders’ interests is not well understood by many DfE officials. For noble Lords not familiar with it, I should explain that, in essence, members of an academy trust act as the proxy shareholders—a trust, of course, does not have shareholders, as it is a charitable entity—but they sit above the trust board and have certain enshrined rights and responsibilities. The problem at the DfE was that officials had allowed the two groups—members and trustees—to become intermingled. This undermined the whole point of a separate body being able to step in when governance failures by the trustees occurred.

It is reasonable that the chair of the trustees and one or two others are members, as long as the members who are not trustees are in a majority, which is now the case. At the moment, members have several key powers. These vary slightly depending on the time of the creation of an academy trust. The original trusts set up by the Labour Government gave more protection to “sponsors”, as they were putting in £2 million of their own money to take on the school. However, the following key responsibilities apply to the vast majority: appointing and removing trustees; appointing and removing members; amending the articles of association, subject to legal and regulatory restrictions; directing trustees by special resolution; appointing auditors; and safeguarding governance, which I stress. Members must assure themselves that governance is effective and intervene if it is failing. These powers ensure that members can intervene if the trust governance or performance is inadequate, but their involvement is otherwise minimal. Members must always act to further the academy trust’s charitable objectives.

The solution would be to add a specific requirement for members to monitor costs of school uniforms and report on it in the annually audited accounts. The members are already answerable to the DfE. Noble Lords will see from those six key responsibilities that I listed that it would be logical and straightforward, if prescribed, to add something specific—such as overpriced uniforms. “Directing trustees” and “safeguarding governance” are there to protect children if a trust is badly run. Overpriced uniforms are part of bad management; it is as simple as that. Noble Lords will have seen from the statement on its website that the Inspiration Trust already deals with most of this. However, adding something simple such as, “The members of the trust have scrutinised and approved our uniform policy and its cost”, would close the loop.

It is important to mirror the governance oversight in local authority schools, as nearly half of primary schools are not academised. This can be done by requiring directors of children’s services, or DCSs, to assume the same responsibility as that set out for members of academy trusts. There is separation between local authority governing bodies and DCSs. This would give consistency across the English state system.

When the Prime Minister was elected last year, he said that he wanted to lead a Government who would “tread more lightly” on people’s lives, but here we have primary legislation that seeks to do exactly the opposite and control lives from Whitehall in a rigid, top-down way.

[Lord Nash (Con)]

My Lords, I fully understand the Government’s desire to limit the cost here, but I support the principle behind most of these amendments, particularly those of my noble friend Lord Agnew and the noble Lord, Lord Hampton. The noble Lord, Lord Hampton, made an excellent point, which was supported by the noble Lord, Lord Watson, that if uniform is not standardised, parents with students who can afford it may well “show off” through the clothes which their children wear. That is why we ban trainers in the schools in the multi-academy trusts that I chair, and why they are banned in most schools. We want all our children to feel equal.

As the Minister previously responsible for the school cadet programme, and as for the point that my noble friend Lord Young made, if the clause works as he says it does, this would seem to me an obvious and easy give by the Government. I hope that the Minister can reassure us on this point. As for the amendments from the noble Baronesses, Lady Parminter and Lady Bennett, I thought they made an excellent case for more, rather than less, uniform, because that would be the easiest way to regulate and monitor what it is made from.

--- Later in debate ---

[Lord Crisp (CB)]

I thank the noble Lord for that intervention, and I very much understand the point that he is making. However, the issue is what happens to that material once it is inspected. How does the home education officer make a judgment on it? Most of them are not teachers—in fact, I suspect very few are. Do they go to an outside source, or do we set up some great panoply of mechanisms to decide whether those materials are appropriate?

At the moment, we have a different situation. The current position, as I understand it, is that, where authorities have cause for concern, Sections 437 to 443 of the Education Act 1996 provide for steps to be taken if it appears that there is very little or no education in place for a child, or if the local authority has no information about any education arrangements. I understand that in most, possibly all, local authority areas home-educating parents provide an annual report to the local authorities, rather than providing materials that will be judged in isolation.

I think that we should leave the law where it is. As I understand it, the attitude of the best local authority home education officers is that they build relationships; they are happy with most of the people, but can then concentrate on the problem areas—because there are problem areas—within the home education sphere. Imposing new duties such as this would add burden, bureaucracy and frustration to authorities and parents alike. We should concentrate on improving that relationship, not making it more burdensome.

[Lord Agnew of Oulton (Con)]

My Lords, I support my noble friend Lord Nash’s Amendment 279. It suggests a very mild tweak to the proposed legislation, largely because he is respectful of the majority of parents who do a good job in home education, which I completely agree with. However, I see at close quarters the impact of home education in deprived communities where the parents have limited education themselves and little interest in it. They are clearly unable to educate their own children and yet, when they are withdrawn from schools, there is nothing a school can do. These children are being thrown to the wolves and, as the Minister has said, the numbers are escalating.

My noble friend Lord Nash talks about a trend over the past 10 to 15 years but, according to the NSPCC, the number has increased by 186% in six years. In 14 local authorities, it has quadrupled in that time. These are not all middle-class, educated parents, but we have no idea who they are.

In 2021, the House of Commons Education Committee’s Strengthening Home Education report made a number of recommendations. Perhaps the most important was that the DfE should provide

“a set of clear criteria against which the suitability of education can be assessed, taking into account the full range of pedagogical approaches taken in EHE”—

elective home education—

“as well as the age, ability and aptitude of individual children, including where they may have SEND”.

The Child Safeguarding Practice Review Panel, a government-sponsored group, produced a number of recommendations on home education in its May 2024 report, and many of these mirrored the report I have just mentioned. The report refers to 27 referrals received between August 2020 and October 2021, involving the deaths of six children and a further 35 suffering serious harm, including physical neglect, physical abuse and sexual abuse. There are many other good recommendations, but, as they do not fit this specific amendment, I will not list them. I recommend these two reports to any Peer interested in this vexing subject.

My noble friend’s amendment would provide a very light-touch review point. Bona fide parents would not be negatively affected. On the concerns of the noble Lord, Lord Crisp, I say that the amendment is extremely light touch, but it would move the situation from what is currently a complete black hole to at least give us some indication of children’s well-being.

I want to finish with the case of Sara Sharif. Many noble Lords will know about it, but I will remind the Committee. A 10 year-old girl was withdrawn from her primary school in April 2023 under the pretext of home education. This occurred after teachers noticed bruising, which she had attempted to conceal beneath her hijab. The school referred their concerns to social services, but, after being taken out of school, she became invisible to safeguarding agencies. Neighbours reported hearing constant crying and screaming. She was murdered by her father and stepmother. They were convicted in December last year. The lack of school oversight allowed this to happen undetected. I respect the good work that most home-educating parents do, but it is for cases like hers that I support Amendment 279.

[Lord Storey (LD)]

My Lords, I thank the Government for taking this issue on and for being aware of the problems that we face. I also recognise that the noble Baroness, Lady Barran, was on to this in her role as Minister as well.

I have met hundreds of home educators and considerably more have contacted me, and most of them do an amazing job. Noble Lords ought to know that some of the home educators who have contacted me by email have been concerned about what has been going on and given practical examples of that. We need to get a balanced picture sometimes.

If we really want to understand this issue, I note that the noble Lord, Lord Meston, makes the point in his amendment that 39,000 children are missing—we have no idea where they are. The Government want to tackle that head-on. Imagine a society that says to those who want to remove their children from the education system that that is fine—just do it—but we will not keep any records and we will have no idea what you are doing at home, and will leave you to get on with it. Can you imagine that?

Can you imagine a situation where fundamentalist religious groups set up unregistered schools and we have no idea what is happening in them, except occasionally when some of the teachers working in them report to the authorities the appalling behaviour of staff? Ofsted has on many occasions tried to close those schools down, but they re-emerge as home education settings—

Children’s Wellbeing and Schools Bill

Lord Agnew of Oulton Excerpts

Monday 23rd June 2025 Lords Chamber

[Baroness Cash (Con)]

My Lords, I had not planned to speak to this group of amendments, having tabled an amendment that we will debate in the following group. But as I have interests in the founding of Parent Gym and in the early years in particular—about which I hope to speak later—it would be remiss of me not to add a few comments, given some of the very esteemed contributions made in this debate.

I support all the amendments in the group with the exception of the amendment of the noble Lord, Lord Knight, for the reasons that have been outlined. My noble friend Lord Bethell touched on an important point in his intervention: we have a real issue around the different types of parenting and families, from those who are aware of the dangers to their children to those who deploy smartphones as substitute childcare. I fear that all the evidence—as very eloquently put by my noble friends Lady Jenkin and Lord Nash, who cited at length the reports and data around all this—show us that there are families who do not have the resource or means to engage in this daily battle.

I declare another interest: I am on that front line daily with my 14 year-old daughter; I hoped that she might have been here this afternoon, but she has conveniently not made it. It is a daily battle. What children will tell their godparents, when you are not around to hear it, is that they actually agree that you are right and that they wish they did not have their phone. They wish that phones did not exist and that they were not part of their life; they want them because their peers have them.

The report by the noble Baroness, Lady Casey, published last week, has very notable commentary about the safety of some of the girls who were groomed by gangs. She talks with real concern—it is in an early section, for those who have not read the entire thing, as I have—about the fact that online activity means that we no longer know what is going on for children. We literally do not know who is in their bedroom at night. Who are they engaging with? Who can forget the case of Molly Russell—the terrible case that an Instagram post led to? There is one place where we can surely assume our child should be safe: at school. It is not an unreasonable request that we, as a society, look seriously at this to care for the health and safety of our children.

I am very aware of the comment by the noble Baroness, Lady Morris, but it is the opposite to asking schools to police the use of phones. I completely empathise with the concern about asking schools to do more, but this is removing from them the need to police phones. It gets them off the premises, or at least locked up within the premises, so that bullying cannot happen online, grooming cannot be going on, boys who are being recruited into county lines cannot be harassed or intimidated while they are meant to be learning at school, and on it goes. Your Lordships have heard plenty from others on the various points.

I end on another note. Let us look at what the people who invented these things are doing. We all agree; no one has disagreed with the fact that they are addictive—we all feel it every day. What do the people who invented them to be addictive and who use behavioural science and neuroscience to do that, do with their children? They have screen-free schools—completely screen-free, incidentally: no tablets or laptops—and screen-free homes. What is China doing? It is hoovering up our children’s data to understand everything about our society and drive their behaviours in the most destructive way possible. If you ask AI, “If I were China, what would I do to destroy the West?”, the answer is exactly what it is doing: to destroy and undermine the mental health of whole generations of people. What does China do with its children? It gives them one hour a day, and it drives them to watch science and maths videos. I support these amendments.

[Lord Agnew of Oulton (Con)]

My Lords, I was not going to speak on this group—I was a minute or so late, for which I apologise. I wanted to hear the arguments of those who oppose Amendment 177 in the name of the noble Lord, Lord Nash, and I will just address a couple of those.

I think the noble Lord, Lord Knight, said that we cannot warn children of the danger of smartphones if they are not using them in schools, but let us be more realistic. The school day is only seven or eight hours, and there are 52 weekends and 15 weeks’ holiday. They are going to use these awful things, whatever we do. But at least schools provide a safe space if they cannot use them—we heard the point from the noble Lord, Lord Hampton, about not being mugged on the way to school. I see it in my own schools where, although we have bans, the kids get around them. If they have hair similar to that of the Minister, the noble Baroness, Lady Smith, how do we know whether they have AirPods in their ears? With the so-called magnetic pouches, you can buy a disabler on the internet to get rid of it. The list goes on and on.

I agree with the point from the noble Baroness, Lady Morris, that you cannot uninvent them, but they are very toxic. We look back on tobacco and sugar, yet we are allowing these things to go on while people cogitate, when it is so obvious that we should be bringing a much more vigorous ban of these devices into schools as soon as possible. I support the noble Lord, Lord Nash.

[Lord Storey (LD)]

My Lords, we have heard some very powerful speeches this afternoon, particularly from the noble Lord, Lord Bethell, who talked about a world health crisis. I was also taken by my noble friend Lord Addington, who talked about the importance of technology for special needs. I am going to be brave and agree with the noble Lord, Lord Hampton: I want to see children talk to each other, and I want to see them play in schools.

I remember being absolutely—I cannot find the adjective to describe it. During our debates on the Online Safety Act, we were remembering the young girl, Molly Russell, who took her own life after being groomed online, and her brave father sat below the Bar for the whole of that debate. I thought what a brave parent he was, to sit through that and listen to what had happened.

I do not know whether any of your Lordships saw “Question Time” last week—I do not tend to watch it these days—when one of the questions was about smartphones. A young man of 18 or 19, who had ADHD, pleaded with the panel to ban smartphones. He said, “I am addicted to them—I cannot stop myself using a smartphone. Please ban it”. I thought, “Wow! What a brave thing to say on television in front of everybody”.

Whatever we do, we have to make sure it works. It is no good us passing laws which do not actually work. I remind noble Lords that children who are under the age of 13 are not allowed to use social media. That ban does not happen. I had children at my school who were seven and eight who accessed social media. Whatever we agree, it has to work. My great fear in this whole debate is that it will not work, and people will find ways around it. So I plead with the Government—indeed, with everybody—to have a realistic streak in what we do.

Children’s Wellbeing and Schools Bill

Lord Agnew of Oulton Excerpts

Thursday 19th June 2025 Lords Chamber

[Lord Storey (LD)]

For a number of years, when the noble Baroness’s Government were running things, I was always concerned about the issue of Jobcentre Plus mentors, who are hugely important in this area, and was trying to probe to find out what training they had. I never got a straight answer, and never found out whether they were equipped with the tools to do the work, particularly in this area.

[Lord Agnew of Oulton (Con)]

My Lords, I will speak briefly in support of my noble friend Lady Stedman-Scott’s amendment on jobcentres. I hear the point made by the noble Lord, Lord Storey, about resource stretch, but from my own experience of this in my academy trust, we have about 50 looked-after children, and I require a report on them to come to every one of the trustees’ board meetings. It does not cost anything, but it just gives a little bit of focus to these very vulnerable children.

The same could apply in jobcentres; it just needs an asterisk by the person’s name so that when the advisor is talking to him or her, they can use a little bit more empathy and maybe ask a couple more questions about the status of that child. I strongly support my noble friend and hope that the Government will support her amendment as well.

Children’s Wellbeing and Schools Bill

Lord Agnew of Oulton Excerpts

Tuesday 17th June 2025 Lords Chamber

This is not only a safeguarding failure but a financial and moral failure. Without a clear commitment from the Government to phase out unregistered provision, children will continue to be placed in these unsafe, inappropriate settings. Wales has already taken steps to end the use of unregistered accommodation. I suggest that there is no justification for England being left behind.

[Lord Agnew of Oulton (Con)]

My Lords, my Amendment 119 would provide further opportunities for looked-after children, or those on the edge of care, to have access to boarding school places where appropriate. The principles of this amendment are the same as those of my Amendment 82, on children in or going into kinship care, except that the financial benefits may be stronger for non-kinship care. For example, kinship carers who care for children under special guardianship orders or child arrangement orders are not automatically entitled to the same financial support as foster carers. I do not want to repeat word for word everything I said on Amendment 82—both the Ministers present were in their places at the time—but I will give a brief summary.

Noble Lords participating in this Bill know the huge task that confronts carers when taking on children who are more often than not from broken homes and carrying the emotional scars of the unhappiness that has emanated from this breakdown. This is why I am keen to give so much more oxygen to the prospect of offering boarding school places to children in or on the edge of care. I gave the example of the report carried out by the Norfolk local authority in conjunction with the DfE when I was the Minister responsible for this area. I will not repeat everything that was said, but one of the most important pieces of data was that, of the 52 children who were tracked during the three or so years over which this study was carried out, 33 came off the at-risk register. That is the most tremendous result, and I suspect there are not many other examples of particular types of care delivering such a significant improvement in the welfare of those children.

There are two other advantages, one of which is financial. The costs are substantially lower than that of the foster care or care home route. Also, the educational outcomes in this study were better for the children than the national figures. This is one of those rare moments when a policy can deal with three problems at once and not cost any more money. Therefore, I am very hopeful that the Government will consider the amendment.

We heard on Amendment 82 the experience of the noble Lord, Lord Storey, in Liverpool. A tremendous amount of the noble Lord’s career has been spent in education. I am very keen to bring cross-party support to this, so I was very encouraged that he was supportive.

[Lord Watson of Invergowrie (Lab)]

Regarding cross-party support, I am willing to indicate support, but I want to clarify a point the noble Lord makes in his amendment about a boarding school place

“in a state secondary school in their local authority area”.

Can he tell us that such schools exist in every local authority area? If they do not, how would this be put into practice?

[Lord Agnew of Oulton (Con)]

My Lords, there are around 35 state boarding schools in the country, but there are also a number of private boarding schools that are ready to provide support, which is why I mentioned the Royal SpringBoard scholarships and bursaries that are available. I completely accept the noble Lord’s point—that people need to be kept, wherever possible, near their homes—but we need flexibility. We must not make the perfect the enemy of the good. If there is a good boarding school place that is reasonably accessible to the child’s home, but more importantly to the foster carer or kinship carer, then that is what matters. But I take onboard what the noble Lord said.

In her summing-up of Amendment 82, the Minister spoke about stability of setting, and she was very right. The Norfolk study showed that there was a very strong correlation between improvements in those children’s well-being and the length of tenure. The study showed that three years of continuity made a tremendous difference. I hope the Minister will consider this amendment.

[Baroness Tyler of Enfield (LD)]

My Lords, before speaking to my Amendment 129, to which the noble Lord, Lord Russell, and my noble friend Lord Storey have added their names, I first add my very strong support for Amendment 144 by the noble Lord, Lord Watson. I am sorry that I did not manage to add my name to it; it deals with such an important issue.

I was shocked to read a report by the Children’s Commissioner, which said that last September, there were 775 children in unregistered homes, including children under the age of 10, children who had spent over two years in those homes and children in entirely inappropriate unregistered settings such as caravans. Staggeringly, the average cost was over £1,500 a day, with an estimated total annual cost to local authorities of over £400 million. As the Children’s Commissioner said, and I very much agree with her, the use of these homes is a national scandal. Vulnerable children are being failed. We would not allow it for our own children, and we simply should not allow it for those for whom the state is corporate parent. Therefore, I very strongly support phasing out unregistered accommodation.

My Amendment 129 is closely linked to the discussion we had on the first group about children being placed far from home. It would amend

“the sufficiency duty to prevent children being moved far away from home”

when that is not in their best interests. We heard a lot of the arguments in the previous group, and I will pull out a few specifics.

In recent years, there has been a marked and shocking rise in the number of children in care who are moved far away from their support networks and communities. Last year, more than a fifth of all children in care were living more than 20 miles away from home. That might not sound far but, frankly, that is a long way from family and local support networks. In addition, more than 3,000 children were living more than 100 miles from home—that is 4% of all children in care—and more than 800 children under the care of English local authorities were living in Scotland and Wales. Although I accept that there may be legitimate reasons why children in care are moved far from home—safeguarding, preventing them being exploited or harmed, or their being moved to wider family networks—far too often it is simply because of a lack of appropriate local options.

As highlighted by the charity Become in its Gone Too Far campaign, being moved far from their family, friends and schools can have a significant and long-term adverse impact on children’s relationships, mental health, well-being, sense of identity et cetera—the sort of things we discussed in our last session on relationships.

Clearly, local authorities across the country have faced a number of challenges recently—that is why we have just had the discussion about regional care co-operatives —particularly in ensuring that there are the right number and type of homes in their local area to meet the needs of children under their care. The current sufficiency duty is not fit for purpose, and there is a lack of accountability and oversight regarding the extent to which sufficiency is being fulfilled.

That is the reason for tabling this important amendment, which seeks to strengthen the sufficiency duty by requiring local authorities to plan, commission and deliver provision and to take “all reasonable steps” to ensure that children in care remain living within or near to the local authority. The amendment builds on recent reforms by the Welsh Government, and we would very much benefit from taking it forward.

Children’s Wellbeing and Schools Bill

Lord Agnew of Oulton Excerpts

Thursday 12th June 2025 Lords Chamber

[Lord Bellingham (Con)]

My Lords, my Amendment 83 seeks to address what is currently a series of gaps in the information that we have about the effectiveness of the virtual school head role. Clause 6 extends the statutory duties of the VSH role to children with a social worker and children in kinship care. The question is whether it needs to be put on a statutory footing and what resources are necessary to implement it effectively. As I understand it, we do not yet have the evidence that confirms the positive impact of that role, nor the emergence of value for money.

I take your Lordships to the interim evaluation, which was published in 2024. On page 11, it states:

“The evaluation of Phase Two follows a broadly cyclical pattern of data collection and analysis, alongside ongoing analysis of secondary national datasets … We assumed that there would not be only one way of providing effective support and that the aim at this stage was to support shared learning about potentially effective practice, rather than to conduct an effectiveness trial … The final report for this evaluation … will test whether there are any early signs of progress at aggregate level in attendance, persistent absence, suspension and permanent exclusion”.


I suggest to the Minister that the policy document for the Bill seems to overstate the impact. That policy document says:

“The evaluation of the extension shows early signs of improved educational outcomes … with several local authorities reporting improved attendance, reduced exclusions and enhanced collaboration between education and social care services”.


I am concerned that trends in attendance could be influenced by a range of other factors apart from the presence of the VSH. We therefore possibly have correlation rather than causation. I may have misunderstood things, but can the Minister please correct me if I am wrong?

I hope the Minister will look sympathetically at my amendment. It seeks to fill the evidence gap, both in terms of impact and in terms of resources, before extending the role of VSHs still further. Otherwise, the Government are at risk, in my opinion, of expanding and even diluting the impact of a role without the evidence that clearly demonstrates that it really can make a difference. I hope the Minister will look at this amendment sympathetically and in the spirit in which it is drafted.

[Lord Agnew of Oulton (Con)]

My Lords, my Amendment 82 would provide further opportunities for children in kinship care to have access to boarding school places where appropriate. The Government should be applauded for their commitment to raising the profile of kinship care as a vital part of the ecosystem for children from broken families. As we heard earlier in the week from the noble Lord, Lord Russell, there are more than 150,000 children in kinship care in England. Kinship carers are unsung heroes, without whom it would be almost inevitable that the care system would buckle.

For most of Part 1 of the Bill, I have taken a back seat as I do not have direct expertise in the many complex areas that it seeks to tackle. However, for this proposal I was the Minister responsible for boarding schools, both state and private, when at the DfE. Noble Lords participating in the Bill will know what a huge task confronts kinship carers when taking on children, more often than not from broken homes and carrying the emotional scars of the unhappiness that has emanated from this breakdown. We have heard how the level of support for kinship carers is patchy at best and often almost non-existent. For many potential kinship carers the prospect will simply be too daunting, even if they might be the best solution in a given set of circumstances.

That is why I am so keen to give much more oxygen to the prospect of offering boarding school places to children in kinship care. Where it works for the child—and, of course, this is not always the case—it can provide a vital partnership to the carer in the upbringing of the child. At the simplest level, the day-to-day caring responsibilities for the kinship carer are reduced to around 16 weeks a year from 52 when boarding school is providing a home for the balance of the time.

I believe it is a dramatically underutilised resource. There is an unexplained squeamishness across many directors of children’s services to use it more. However, when I was the Minister in the area in 2018, we published a small longitudinal report showing just how impactful it could be. By coincidence, it was work led by Norfolk County Council, where I live, and the results were remarkable. We at the DfE then jointly published the report—it is no longer available on the DfE website, which is a shame. I urge the Minister to not only read it—I can send her a copy—but ask officials to put it back up again.

In essence, it tracked 52 vulnerable young people for between two and five years. Over that time, 33 of these young people were able to come off the risk register completely following placement in boarding school. Dr Claire Maxwell, who contributed to the report, then a reader in the sociology of education at UCL, highlighted three specific benefits. First, the setting can provide amelioration from risky emotional and physically stressful situations—for example, a circuit breaker from a local gang culture. We heard from the noble Baroness, Lady Stedman-Scott, a moment ago about the number of children from care ending up in prison—it is appalling. Secondly, there is improvement of educational outcomes. Thirdly, it is a more cost-effective solution than other forms of care intervention. Dr Maxwell’s view, and that of charities in the sector, was that successful boarding placements can help strengthen families experiencing significant difficulties. The longer school day that is part and parcel of boarding school life can provide a form of round-the-clock care and is part of the reason for the improved emotional and educational outcomes.

In this study, the 52 children were placed in 11 different boarding settings, a mixture of state and private provision. Some 21% of these children achieved a formal GCSE qualification in maths and English—above grade C, in old money. This compared with a national looked-after children pass rate in that year of 17.5%. These are not dramatic differences, but put alongside the substantial reduction in the numbers being removed from the risk register, it makes for a very positive story. This study also compared costs against more institutional forms of care beyond kinship. At the time of writing the report, the Norfolk Boarding School Partnership had an average cost between £11,000 and £35,000 a year, compared with £56,000 for a looked-after child in a normal or more standard setting. This translated into a saving of £1.6 million over four years for this group.

Obviously, kinship care is more affordable because carers get less support, but my argument is that if boarding was offered to potential kinship carers, the take-up would be much higher, therefore reducing local looked-after children costs. Today, the Royal National Children’s SpringBoard Foundation offers bursaries for looked-after children attending private boarding schools. We know that the educational outcomes for looked-after children remain way below the national average, and this is not a silver bullet—but, combined with the other benefits, as I have outlined, I believe it is a vital additional tool in the box to support these vulnerable children who never chose this harsh route into life. I hope the Minister will support me by agreeing to my amendment to provide more awareness of these opportunities.

[Baroness Berridge (Con)]

My Lords, I was pleased to be asked to speak to Amendment 82 by my noble friend Lord Farmer, who is unfortunately not able to be here today. As well as the evidence I will refer to, I was in your Lordships’ House back in 2014 when my noble friend gave his maiden speech. A Conservative Party treasurer perhaps brings a certain stereotype to mind. However, you could have heard a pin drop, as a globally successful metals trader spoke of being a young teenager in a chaotic home with an alcoholic single mother. But he went to the boarding house at the state-run Wantage Grammar School. It rescued him.

It made me reflect on the role of boarding schools. I was born and bred in Oakham and I have had to deal for many years with the annoyance of, “You’re from Oakham? So you went to Oakham School, then?” “No”, I reply, “there is a state comprehensive as well in the town, called Catmose College”—which was rated “outstanding” in every category in an Ofsted inspection in 2024, if noble Lords will forgive the shoutout for my state school.

This testimony by my noble friend is supported by the 2023 study by the University of Nottingham’s School of Education, commissioned by the Royal National Children’s SpringBoard Foundation, which found that children in or on the edge of care who attend state boarding or independent schools experience significant educational and financial benefits. They are four times more likely to achieve good GCSE passes in English and maths and five times more likely to pursue and succeed in A-levels, leading often to higher education. The study estimates that, for every 100 children attending boarding schools, lower social care costs and increased future earnings mean there is an economic return on investment of approximately £2.75 million. The report stated that, when vulnerable children in boarding schools were interviewed, they said such opportunities were life-changing.

This amendment would also make it significantly easier, as my noble friend Lord Agnew outlined, for kinship carers to step forward to offer a home to a child who might otherwise enter the state care system. Not every family will want or be able to house the child 24/7, 365 days a year. That can be a daunting task. They know of course that their own children will be greatly affected, and their house might not be big enough for that extra child. Kin altruism can be greatly aided and encouraged when a child can be educated in this way in the state boarding sector, giving the carer breathing space to attend to all their other responsibilities, while knowing that the child is safe and cared for in the state boarding sector. I hope the Minister will look at the evidence carefully in relation to this matter.

Free Schools and Academies

Lord Agnew of Oulton Excerpts

Thursday 23rd January 2025 Lords Chamber

[Lord Agnew of Oulton (Con)]

My Lords, I am grateful to my noble friend Lady Evans for securing this debate, and I note my interest in the register.

I am pleased to speak today, but of course hanging over us is the Damoclean sword of the schools Bill. Why does it matter? In 2010, approximately 5% of all state schools were failing or in special measures. By 2024, that figure had reduced to 1%—an 80% reduction over a period when academic standards became more rigorous. This heavy lifting fell largely to the academies programme. If a school was judged failing, it was automatically academised. The deal was simple, everybody understood it and it worked. Under this new Bill, that vital intervention is to be eviscerated. A major part of this Labour Government’s constituency will be the losers: children from less well-off families in areas of deprivation, because that is where failing schools are concentrated.

I know this because, over the last 12 years, the academy trust that I founded has taken on at least 10 of these kinds of schools and improved them, in some cases dramatically. The families and children that we met were at their wits’ end, often with no alternative route to state education. In some cases, these schools have been failing for decades. We took on one failing school in Great Yarmouth. It had never been rated “Good” or better since the creation of Ofsted in 1993; it is now rated “Good”. Why break something that works?

On free schools, a similar story exists. They have been an astonishing success in the vast majority of cases. Over 800 have been built, and where they did not work, we closed them or moved them to new management. Everyone knew the rules. In my trust, we have opened three free schools in Norfolk. Now, each one is outstanding. There are many trusts more successful than ours. We have heard from the noble Lord, Lord Harris. Take a look at the Star Academies Trust, which opened 23 schools: 17 have been inspected by Ofsted; 15 rated “Outstanding” and two “Good”. Last year, seven of those free schools were ranked in the top 50 schools in England for Progress 8, but this programme is now to be closed.

Why destroy a programme that has been painstakingly built by Governments of both political parties? In my time as academies and free schools Minister, I relied on the interventions that had been devised by noble Lords opposite—the noble Lords, Lord Blunkett, Lord Adonis and Lord Knight—and underpinning it were two watchwords which should prevail throughout all government-funded entities: transparency and accountability.

I give one small example. In local authority-run schools, it is almost impossible to understand what is going on financially, but an academy trust has to file an externally audited set of accounts every year within four months of the year ending. You will not find that in a local authority school. They do not even have audits every year. The best I could find when I was a Minister was every three years, and even I could not get copies of the reports, let alone the public. Transparency ensures that an academy’s resources are focused on where it matters, which is education.

The Bill will banish teachers who have not completed the nine-month teacher training programme, but there is an acute shortage of teachers. I believe that 13,000 teachers will fall foul of this rule. Where are the replacements coming from? The private schools tax is promised to deliver 6,000, but we will believe that when we see it. In the meantime, it will just make the job of improving schools far, far harder. Another government invention was Teach First. These wonderful people got only six weeks’ training and yet are some of the best in the system.

Overall, the Bill sends a strong signal to under-performing schools that they can dodge hard-edged accountability. Even though they fail their pupils, they can get away with it—and it will be the most disadvantaged communities who pay the price. Because there will be an opt-out for automatic academisation, schools will fight it.

There are some extraordinary clauses in the Bill, giving the Secretary of State the right to intervene on school uniform policy. There are 23,000 schools; that is crazy. There is a much simpler way: change the mandate of the members to include a responsibility to ensure that the cost of the school uniform for a pupil-premium child does not exceed, say, £25. In one fell swoop, we would deal with the problem. Members have powers essentially as proxies for shareholders—for example, they appoint auditors and can fire the directors.

These checks and balances were put in place by Labour. The improvements that I drove into the system were largely down to the Labour Government of the Blair era. Yet today, we managed to have four members of the Labour Party on the Benches opposite for this debate. If we care about the education of disadvantaged children, this programme should be strengthened, not weakened.