Children’s Wellbeing and Schools Bill

Lord Lucas Excerpts

Thursday 3rd July 2025 Lords Chamber

[Lord Meston (CB)]

My Lords, Amendment 226 in my name differs from others in this group, which are more concerned with children not attending school because they are not registered at any school, and the amendments we have discussed so far are more concerned with home education in its various forms. My amendment concerns those who are on a school roll but not attending and focuses on the responsibilities of local authorities in such situations. I apologise, therefore, if my amendment seems to be somewhat out on a limb, but I think it is quite an important limb.

There is no doubt that the Government are working hard to address the problem of what has been described as an epidemic of school absences. It is well understood that such absences disadvantage children educationally and socially and deprive them of the value of education and of opportunities, in both the short and the long term. I will not attempt any analysis of the many explanations for failures to attend school, but they clearly include poverty, mental health problems and the pandemic, which is thought to have led some parents to see daily school attendance as optional. In this context, the fundamental duties are those of parents to ensure that their children of compulsory school age are receiving suitable full-time education and those of schools to record and monitor attendance and to inform local authorities of failures to attend regularly.

In August last year, important revised statutory guidance on children missing education was issued. It states:

“Schools should monitor attendance closely and address poor or irregular attendance. It is important that pupils’ poor attendance is referred to the local authority”.


The guidance is also clear that the duties of schools and local authorities are to be viewed alongside the wider duties and local initiatives to promote the safeguarding of children.

In October last year, the Government announced increased investment in attendance mentoring. On 22 October, the Minister, in answer to a Question from the noble Lord, Lord Young of Cookham, expressed her determination to bring absenteeism figures down. She also referred to the work already done by the noble Baroness, Lady Barran.

Between the guidance issued in August and what the Minister said in October, in September 2024 the Children’s Commissioner published a powerful and wide-ranging report entitled Children Missing Education: The Unrolled Story. This provided analysis of the procedures followed by local authorities to support children missing education and analysis of the characteristics and histories of children known or suspected to be missing education, who are among the most vulnerable in society and in need of support.

The report found that there are significant inconsistencies between local authorities in the use of the term “children missing education”, which can lead to children falling through the gaps; that few local authorities take proactive steps to prevent children from going missing from education; and that there is little one-to-one support available for children missing education to reintegrate into school. It referred to the lack of a shared national definition and to differing interpretations of children missing education. It called for resources for local authorities to trace and support children missing or at risk of missing their education.

The commissioner expressed her increasing worry about thousands of children being denied their right to education, having fallen off the radar of their local authorities. She said that in too many instances, no one knows where these children are or whether they are safe. She described a shocking lack of urgency in trying to trace these children. My amendment seeks to address, in terms of statutory duties, some of the main deficiencies and inconsistencies identified by the commissioner and to underpin in primary legislation what is or ought to be required by existing guidance and regulations.

Absenteeism requires a fast and sometimes robust response. Good practice should not be piecemeal. The amendment seeks to provide for such a response with consistent arrangements for local authorities to be promptly informed of persistent non-attendance or irregular attendance; a duty to take urgent steps to trace any child known or believed to be missing school without authorisation or satisfactory explanation; and a duty to provide appropriate support as soon as the child has been traced. I therefore hope the Minister might take the opportunity to indicate the Government’s response to the commissioner’s report and recommendations and indicate what is already being done to ensure compliance with the latest guidance.

The other trigger for this amendment is my experience of cases in the family court when the court is provided, sometimes as an afterthought, with the school attendance records of the child or children concerned in those proceedings. These can show how unexplained or unsatisfactorily explained absences can be a marker of significant neglect or mistreatment, which may have been unknown or not visible to other agencies. On occasions, with provision of those records, the court is left wondering why nothing or nothing more was done to follow up the absences much nearer the time. On other occasions, the court itself can be left to ask for unprovided information about school attendance. That explains the last sub-paragraph of the proposed amendment. All in all, I seek that the Government confirm that there will be a consistent approach, better communication and a better and faster response to absences.

[Lord Lucas (Con)]

My Lords, I think this is a very important amendment from the noble Lord, Lord Meston. It reminds us that, in this part of the Bill, we dealing not just with parents who choose to educate their children at home but with some very substantial problems that state education has in not keeping hold of and looking after children who are nominally registered at school. I will come on to the question of unregistered alternative education, to which the state commits many children, in a later amendment. This is about looking after the children and I think that the noble Lord, Lord Meston, has put his finger very firmly on what we ought to be doing.

If there is a whole structure being built here to get better information on home-educated children, what is the point of it if we are not already using the information we have on children who are registered? Is there actually a responsive system that all this extra information is going to be fed into? Are we actually focusing on the children who need our help, or are we just making life more difficult for a lot of very responsible and successful parents? I am grateful to the Minister for setting out the Government’s approach to elective home education. I felt that there was a good deal in common in our approaches and I very much hope to be able to build on that as we look at these amendments.

I will very much endeavour not to take up the time of the House if I can avoid it. In that context, picking up on the Minister’s very kind offer of conversations with officials, might it not help if those conversations could take place between today and 1 September? That would mean that I would not have to take up time in Committee: we could short-circuit it before then. I am in the UK all August, but perhaps that might not amuse her officials.

[Baroness Smith of Malvern (Lab)]

I can clarify for the noble Lord that that is what I had in mind.

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[Lord Lucas (Con)]

If I might address the general issues first, I remain unclear about many aspects of the Government’s policy. I was unaware of conversations with the implementation forum: if the noble Baroness is able to share who is on it, so that I can understand what been going on, that would be very helpful. My understanding is that, following the provisions of the Bill, all children will have the educational route that they are following clearly recorded, on one register or another, by the local authority; so, this is not something aimed at elective family education, it is aimed at looking after children. I would be very grateful if the Minister could confirm that, so that we will not be left with invisible groups of children somewhere in the system.

My own view of home education, though I have never tried it—I did threaten my daughter with it on several occasions, but I have never tried it—is that it is a fundamentally positive thing. One substantial group of home educators—about 60%, I would reckon—have found their child’s experience of state school to be sufficiently bad, or the child’s needs to be sufficiently non-standard, that they have taken on the challenge of educating them at home. In doing this, they are doing the nation a most substantial service and freeing the school concerned of a pupil who they have clearly had difficulty coming to terms with. They are contributing their own time and effort and they are costing the state much less than it costs to keep a child in school, particularly if that child has special educational needs, which many of these children do. To my mind, these parents deserve our wholehearted approbation and support, and I very much hope that the Minister agrees.

Another group are those who wish to educate their children in a different way from what is on offer in our schools. Fundamental British values should guide us to respect and tolerate such difference, as we traditionally have. I agree with the Minister that we have a right to ask that these children emerge from their education fit for the world, prepared to make the best of themselves and safe. In our legislation, that is set out as suitable education and the surety of well-being, which can be summarised as “being seen”.

A case in point here is the Haredi community. Their children undergo elective home education—plus, for the boys, an intense religious education in yeshivas. Can the Minister confirm to me that the Government wholeheartedly support the right of this community, and other similar communities, to bring up their children in accordance with their beliefs? Will she further confirm that, subject to those children being seen and it being confirmed that their education is suitable, as for home-educated children in general, there will be no government demand for their religious education to be subject to inspection or controls, as long as it is clear to all that the religious education concerned stays within legal limits?

--- Later in debate ---

[Baroness Smith of Malvern (Lab)]

No, and we will come to that in detail. The Section 47 provision, the child protection inquiries, would require evidence of significant harm to the child. It is not the case, as we have identified, that many parents who are home-educating would get anywhere near that sort of threshold. Nor would local authorities have any incentive to do that.

These provisions do not prohibit flexi-schooling arrangements. However, schools should agree to a flexi-schooling arrangement only in exceptional circumstances. We will update guidance to make this clear. In later groups we will be talking in more detail about the provisions around the consent process.

I turn to Amendment 286 tabled by the noble Lord, Lord Lucas. This is a probing amendment which would remove an exemption on the parental duty to provide information for registers. To be clear, the proposed exemption relates to children whose education is provided under alternative provision arrangements when special educational provision other than in schools is in place or where arrangements have been made by the proprietor of the school that the child is attending. These children may be in scope of the children not in school registers, but the local authority will already hold this information, so there is no need for a duty to provide information that rests with the parents in those cases.

Amendment 233A, tabled by my noble friend Lord Hacking, aims to push on what mandatory information local authority registers should contain. The only information required to be held on registers is that which is easily available to parents or obtainable by local authorities, and that is important for ascertaining the suitability of education and the safety of the child—such as the child’s name, their date of birth, address and details of education provided by the parent and others. We will talk on later groups about the way in which that information should be provided and the ease with which I hope it can be provided.

I turn now to Amendment 279, tabled by the noble Lord, Lord Nash, who made a strong case for the provisions in this legislation. His amendment aims to give local authorities the right to inspect the educational materials used by home educators and to view work that that child produces. Local authorities must consider a range of factors when assessing the suitability of a child’s education. One example of how they may conduct their inquiries into suitability is to request evidence of work samples. This position was confirmed in the Portsmouth judicial review case in 2021. If the local authority is not satisfied that the education is suitable based on the information received, it must usually serve a school attendance order, which requires the child to be enrolled at a school.

I turn to the Clause 31 stand part notice tabled by the noble Lord, Lord Lucas. I hope the noble Lord was satisfied by my first speech on this group but, to summarise succinctly, we need an effective registration system so that local authorities can identify all children not in school and ensure that they are receiving suitable education and are safe. This is what Clause 31 will achieve.

The stand part notice tabled by the noble Baroness, Lady Jones of Moulsecoomb, seeks to remove Clause 34 from the Bill. Clause 34 allows for statutory guidance to be provided to local authorities on how they should carry out their new duties in relation to the school attendance order process and children not in school registers. This guidance will provide local authorities with advice on how to exercise their new powers and responsibilities proportionately and consistently. For example, we would expect it to include further advice on how local authorities should request and conduct home visits.

As part of the implementation of the Bill, we will consult on the guidance to ensure that we hear from stakeholders that the measures will have an impact. It is necessary that the guidance is statutory to help ensure compliance with the advice within it. There will be considerable opportunity for further engagement on the details of that; the House will have the opportunity to consider it, because it will be subject to the affirmative resolution process.

The noble Baroness, Lady Fox, made points on why all children need to be included on registers. To reiterate, we agree that home education is not in itself a safeguarding risk, but it can mean that children slip under the radar of the services that are there to protect them. Our consent measures are a proportionate solution which, as I have said, focuses on the small but important group of children for whom there are concerns about actual or likely significant harm. We will further discuss these issues later. The registers are about helping local authorities to discharge their existing duties to ensure that children are receiving a safe and suitable education.

Finally, with respect to the points made by the noble Baroness, Lady Humphreys, about the child rights impact and the relationship with Wales, there is, to be clear, a child rights impact assessment produced by the Government for this piece of legislation, but Wales wanted to produce its own. That is the reason for the situation that the noble Baroness outlined.

For the reasons that I have outlined, and given the extensive discussions we have had as a forerunner for the further discussions that we will have, I hope that noble Lords will feel able not to press their amendments or stand part notices.

[Lord Lucas (Con)]

My Lords, if I might pick up the Minister on a couple of small issues, could she first confirm to the House that we will see a form of registration that will include every child? I thought that that was where we were going in Clause 4. She seemed to be talking about a register that includes only bits and pieces. In order for the local authority to know that it is not missing a child, can it use the provisions in Clause 4 and whatever comes out of that to connect to, as my noble friend said, what is going on in the benefits system and the NHS, in order to know that every child is in the system somewhere and to pick up cases where children are not being registered and seen?

Secondly, when it comes to flexi-schooling, is not the school absolutely in the best position to evaluate whether a child is receiving a proper education as a whole? A school has the power to discontinue flexi-schooling if that is not the case. Why do we want to insert a local authority official into a process when the school is in much the best place to take those decisions?

[Baroness Smith of Malvern (Lab)]

If I have understood the noble Lord’s first point, it relates to whether the information-sharing provisions within this legislation will support the ability of local authorities to be able to track, so that they can ensure that children do not fall through the gaps. Of course that would be the case, but that in itself does not remove the requirement to ensure that, as he said, local authorities have information about where all children are receiving their education. The noble Lord is right that the intention of these clauses is that, obviously, if a child is receiving their education in school, it is clear and they are seen, but if they are not receiving their education in school for whatever reason, it is important that they are seen. The intention is that those are the children who should be included in the register of children not in school.

I take the noble Lord’s point about flexi-schooling, but it is possible to envisage, as I suggested, models of flexi-schooling where children are receiving part of their schooling at a school where they are registered and on the roll but are not receiving all of their schooling there. Therefore, the explanation of why they should be included in the register of children not in school is in order to have sight of the other part of their schooling. The other point that I made was that that would not necessarily require parents to provide additional information, because it may well be that the information about where that education provision is happening is known by the school. There is a range of different flexi-schooling arrangements and it is important that, in line with the helpful principle that the noble Lord set out at the beginning, we are able to see children and to see the education that they are receiving.