Children’s Wellbeing and Schools Bill

Lord Hampton Excerpts

Tuesday 3rd February 2026 Lords Chamber

[Baroness Burt of Solihull (LD)]

My Lords, I will speak to Amendment 201 in my name, which deals with the issue of faith-based selection in school admissions. This speaks to the missing data that the Schools Minister raised in Committee in the other place. The Department for Education currently does not collect data on how admissions policies are applied in schools and therefore does not know how many parents are missing out on a place at their preferred school because of their religion or because they do not have a religion. Collecting data would shed light on what the impact of faith-selective admissions is for parents and pupils, and on whether such selection is contributing to or undermining parental choice. This is not an argument against faith schools; many provide an excellent education and are deeply rooted in their communities. Rather, the purpose of Amendment 201 is to promote fairness and genuine parental choice by limiting the extent to which oversubscription criteria can be used to select pupils on the basis of religion.

In Committee, the Government pointed to the existing admissions framework, by which admissions must be published and applied consistently. But the question is not simply whether rules exist on paper but what those rules do in practice when a school is oversubscribed. If admissions turn on faith tests that some families cannot meet, because they are either of a different faith or of no faith, then, in reality, the local school is not equally accessible to the local community.

There is also the wider issue of inclusion and cohesion. Selection by faith risks narrowing pupil diversity and, over time, separating children along religious and, sometimes, ethnic lines during their formative years. Evidence suggests that faith-based selection can correlate with lower inclusion. The Sutton Trust has found that faith schools are more socially selective, admitting fewer pupils eligible for free school meals than would be expected given their local status. Research highlighted by the London School of Economics has reported the underadmission of children with special educational needs and disabilities to faith primary schools. The Office of the Schools Adjudicator has reported concerns from local authorities that faith-based criteria can in some cases disadvantage looked-after and previously looked-after children.

The aim here is straightforward: to ensure that publicly funded schools serve their whole community and that parental choice is not narrowed by criteria unrelated to a child’s needs or a family’s proximity to the school. Amendment 201 is a measured step that would support fairness in admissions and help ensure that our children are brought together rather than separated. Amendment 201 promotes fairness and parental choice in schools’ admissions policy, and I commend it to the House.

[Lord Hampton (CB)]

My Lords, I shall speak to Amendment 199, to which I have added my name. In this, I am channelling my inner Baroness Wolf of Dulwich—the noble Baroness sends her apologies that she cannot be in her place. This amendment attempts to rectify another example in the Bill in which a well-intentioned idea is turning out to be a mistake. It is a bit of an example of top-down government seemingly punishing a school for being successful. Whereas education is all about nurturing and helping improvement in those who are less successful, this is a cold logic to reduce empty places and surplus capacity.

In an ideal world, the number of children wanting to go to various local schools would fit neatly into the number of places in local schools, but it does not. That is, in part, because parents are now much more aware of the league tables, Ofsted inspections, academy specialisations and all sorts of online opinions. It also reduces the most important incentive for a school to succeed and improve—one that has been at the heart of Labour’s and successive Governments’ academies programme, which has itself been at the heart of 20 years of school improvement, and which threatens to be reversed by this.

If good and oversubscribed schools can expand, and unpopular schools are not filled up with unwilling attendees, all schools would have a strong incentive to be good. When school choice and academisation were introduced, there were predictions that we would end up with lots of sink schools and a significant number of children having an even worse education than before recruitment was freed up. This did not happen. There has been a steady decrease in the number of badly performing schools. Competition works, not by creating a monopoly but by incentivising and driving improvement.

[Lord Addington (LD)]

My Lords, my Amendment 230 in this group is on off-rolling. Whatever the good points of academisation, there has been a strong suspicion—a fact, in some cases—that certain schools are off-rolling pupils who are seen to be a problem. The best of the academies are probably dealing with this. I remember the noble Lord, Lord Agnew, being impassioned as a Minister in saying that we must stop this. There is a strong suspicion that it goes on, possibly underneath, at a school level, when a teacher or headmaster is worried about personal development. Whether we like it or not, that strong suspicion exists, and there has been a rise in the number of exclusions going on.

When the Minister answers, I hope that she will tell us how this is being dealt with. If it is not being dealt with, it is a problem that we will have to get to grips with. I hope that there will be a coherent look at this, so we know exactly what the case is. There is a strong suspicion that special educational needs is a factor pushing this. I have known people going through this, where it has been assumed that every pupil in a pupil referral unit has at least one special educational need. The Minister has been engaged in these types of areas, and I hope that, when she comes to answer for the Government, she can tell us what the Government are going to do. If there is even a suspicion, we should find out the truth and look at it coherently.

--- Later in debate ---

[Lord Addington (LD)]

My Lords, I shall make a couple of brief comments on the amendment that the noble Baroness, Lady Sater, introduced so well. I draw the House’s attention to proposed new subsection (2)(k). If you take part in physical activity only in educational establishments, you generally stop doing it when you leave, so getting in outside bodies to say that playing in a team at the weekend or in the evening is a reasonably normal thing to do means that you are much more likely to do it once you are outside that environment. It is something we have consistently found. It probably applies to other areas as well, but, if we are talking about a coherent sports strategy, that is one thing that the Government really must give more time and thought to.

[Lord Hampton (CB)]

My Lords, I shall speak mainly to Amendment 206, but, as somebody who has taught more PSHE days than he cares to remember, I think I might make a few comments on this one. I have spoken many times about how I think we need to bring PSHE and citizenship much more into the regular curriculum on a weekly basis. To put my noble and right reverend friend Lord Harries of Pentregarth’s mind at ease, his amendment looked to me like a scheme that could work: it is very similar to what we teach. I think that, with all due respect to several House of Lords committees, the subtle differences are not going to filter their way down to schools. I think we need to teach this. We need to make sure it is important. Teachers are very good at interpreting this, schools are very good and the basic subtleties do not really matter to me, I am afraid.

In response to the amendment from the noble Baroness, Lady Sater, I would say, “Please can I join the school with an hour of sport a day?” And can we hurry up as well? My daughter is in year 10: she is locked in the bathroom, but she would be really keen to hear that. If we are trying to get kids back into school and we have nearly 1 million missing school, might this not be worth trying?

I actually rose to speak to Amendment 208, and will give one quote, from Tender. If noble Lords do not know it, Tender is an unbelievable expert charity that delivers RSE to young people, from primary schools all the way to sixth form. Its CEO, Susie McDonald, said: “We are all too aware that 16 to 19 year-olds are at the highest risk of abuse in their relationships. At this critical age, young people simply cannot be left without the vital education to keep themselves and others safe. We have all seen the horrifying results, from rising levels of coercive control to the murder of teenage girls by teenage boys. We know how to prevent it: with mandatory, high-quality relationship education, all the way to 18”.