Children’s Wellbeing and Schools Bill

Lord Meston Excerpts

Wednesday 25th March 2026 Lords Chamber

[Baroness Butler-Sloss (CB)]

My Lords, I support what the noble Lord, Lord Hampton, has just said. As a family judge, I had a number of cases where children had been on protection orders—and, in particular, supervision orders—and I vividly recall an appalling case in Liverpool where there was a continuing supervision order that was utterly disregarded. I called the Director of Social Services to explain it, and she was absolutely thinking that it did not really matter; so everything that can be done to put added pressure on making sure that children who are home educated are kept under proper supervision by local authorities seems to me to be absolutely crucial.

[Lord Meston (CB)]

My Lords, I will confine myself briefly to supporting Motion B. It is commonly agreed now that the pilots of the pathfinder model in selected family courts have been a success and represent the way ahead. This model has been shown to reduce delays significantly and has forced the focus on to making things better for the child concerned, rather than on the parents’ disputes and confrontations. That model has developed sufficiently well, in that the delay in moving it on into the mainstream should really now be avoided. It means that the very recently announced expansion into child-focused courts will be welcome.

[Baroness Spielman (Con)]

My Lords, I will o speak to Motion K1, tabled by my noble friend Lady Barran. The Government are rightly acting to give local authorities the power to prevent children subject to a child protection plan being withdrawn from school. However, the scope of the Bill is clearly too limited, even with the amendment to give effect to a backward extension of five years for child protection plans.

I will briefly remind noble Lords of the characteristics of the children we are talking about. Clearly, they have all experienced abuse or neglect, but even apart from this we are talking about an exceptionally vulnerable group. Nearly three-quarters of children in care have special educational needs—often conditions they were born with that can make them particularly challenging to bring up and to educate—and often complicated physical or behavioural needs as well. Alongside that, these are children of parents whose ability to care for and protect their own children has already been shown to be inadequate, at least for a time. Even after a care order or child protection plan has been discharged, these are, in the main, children with serious challenges and complicated needs, whose parents have limited capacity. They are very often fragile families needing a lot of support and with a strong likelihood of further social care intervention being needed in future.

Therefore, there should be local authority consideration of proposals to home-educate any child who has been in care, had a supervision order or is under a child protection plan: first, to make sure that the child will actually get the education and support they need at home; and, secondly, to make sure that the child can safely be removed from view. Once a child is home-schooled, it may not be seen by any adult from outside the family for years. That may have been exactly the thing that was keeping that fragile family in balance.

--- Later in debate ---

[Lord Leong (Lab)]

I gently remind all noble Lords that, if they wish to speak, they should do so before the Official Opposition wind up, and that they should not be repeating lengthy arguments that have already been debated in Committee and on Report. Should they speak, they should speak briefly and to the amendments.

[Lord Meston (CB)]

My Lords, I was going to be brief in agreeing with what the noble Baroness, Lady Tyler, just said and in welcoming Motion D, because the Government’s proposed amendment in lieu, which relates to sibling contact, is to be welcomed; indeed, it is a pleasant surprise. It promotes the local authority’s duty from the schedule to the Children Act to Section 34 of the Act, and reinforces it as a positive duty to allow contact between siblings; at the same time, it gives the court a major say in the type of contact, the level of contact and how it should progress.

Through their amendment, the Government have recognised in primary legislation the real significance of sibling relationships, particularly when siblings have to be separated and have differing needs. These are children whose parents have failed them, and the most important relationship left to them is with a sibling. The courts and legal professionals are familiar with the working of Section 34, which will now govern these cases, and the amendment will be a valuable, beneficial addition to it.

[Baroness Butler-Sloss (CB)]

My Lords, I chaired a Select Committee on adoption some years ago and very much welcome this sibling amendment. It is absolutely excellent. I remember we met a number of children who were in care. One boy of 15, with four younger brothers and sisters, said to us, “No one tells me how my brothers and sisters are getting on—I brought them up”. This is excellent, and the Government are very much to be congratulated on it.