Children’s Wellbeing and Schools Bill
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Baroness Thornton (Lab)
My Lords, I will make very few remarks. I am an active humanist and I would like to identify my support for the amendments in the name of the noble Baroness, Lady Burt, and my noble friend Lord Watson. I hope that the Government will take heed of what these rather modest amendments propose. If there is something that needs to be discussed, I ask that my noble friend the Minister calls together those of us who are interested and committed to this to talk about it.
Lord Storey (LD)
My Lords, I will speak to a number of these amendments and I want to do it from my own experience. First, I will start with the cap on faith. If your Lordships remember, this was originally introduced by the Tony Blair Government for any new schools. I thought at the time, “How sensible is that? If we live, as we do, in a multifaith, multicultural society, isn’t a good thing that children mix with children of different faiths?” Speaking on day nine in Committee, I referenced the fact that my daughter went to a Jewish school. It was wonderful for her to be able to have Jewish, Hindu, Christian and Muslim friends, because that was the ethos of that Jewish school. If you just put the Catholics there, the Anglicans there, the Jews there and the Muslims there, you divide people. I do not want a divided society. I want children to celebrate their faith and their culture, and the best place to do that is in school when they are learning and growing up. You only have to remember what happened in education in Northern Ireland.
Secondly, I want to talk about faith schools in terms of admissions. I am speaking to Amendment 456 in the name of the noble Lord, Lord Watson, on the 50% cap, and I cannot add anything further to his excellent contribution, so I turn to my noble friend Lady Burt’s Amendment 457. Faith schools do a fantastic job—I must stop using the word “fantastic”. They do a very good educational job. I look again at my own city, where the four Anglican schools are oversubscribed and are very popular. The way children are admitted raises real questions in my mind. Suddenly, the local Anglican churches, which are in the neighbourhood of that school, fill up their congregations, because when people apply to the school, they have to have a reference from the vicar.
Lord Storey (LD)
The Minister, when referring to Amendment 456 from the noble Lord, Lord Watson, said there were no plans to make a change “at this time”. What does she mean by that? Does that mean that the Government will consider it in the future or that it is not going to happen at all?
Baroness Smith of Malvern (Lab)
I think I was pretty clear about the position that the Government take with respect to the admissions arrangements of faith schools, and it is not intended to change that.
Lord Storey (LD)
I will pick up that last point, which was very incisively made by the noble Baroness, Lady Morris. My primary school was a two-form entry primary school. It was a popular school, and we wanted to increase the size to three forms of entry. The local authority initially said, “No, because if you do that, you’ll take children from the two other primary schools in the locality, which will weaken those schools”. At the time, I was a bit miffed about this, but I thought, “Okay”. The local authority said, “What we need to do is to build up the numbers and the esteem of those two other primary schools”, which it did very successfully. Then, guess what: it agreed that my school could become a three-form entry school.
It is not just about size; it also about schools working together. The noble Baroness, Lady Morris, quite rightly paid tribute to the role that the noble Lords, Lord Agnew and Lord Nash, played as Ministers in establishing multi-academy trusts. One area which has never worked, to my mind, is that you can have the headquarters of the multi-academy trust at the other end of the country. It has never worked for me that a multi-academy trust can have schools in Devon and Cornwall but also in the north-east. Where is that community feel about them?
The trouble with expanding schools is that you can get to a situation in which schools just want to grow and grow, because they get more money. They can get too large for the existing children and families. I think of the school that my wife worked at, a seven-form entry comprehensive which was allowed to increase its size to 11. It became completely unmanageable. As the noble Baroness, Lady Morris, rightly said, by taking children from one school, in many cases you are almost putting a close notice on that school. The way to deal with it is not by moving children or allowing schools to grow but by providing the resources and expertise and making that school popular, putting in real expertise to change its character and educational purpose.
I put my name to the amendment in the name of the noble Baroness, Lady Longfield, and I have also put an amendment down myself. Let us first understand the definition of a managed move. It is a permanent move of a child from one school to another for reasons not related to family relocation. It is important to put that into context and to remind ourselves that currently 1.49 million children are persistently absent from school and 171,000 children are severely absent from school.
The Who is Losing Learning? report of 2025 uncovered a deeply concerning trend; that
“for every child that is permanently excluded, 10 more invisibly move”
between schools or are off rolled entirely. These moves are unregulated and unmonitored, meaning that too often even the Department for Education does not know where or even if those children are being educated following a managed move.
Managed moves, when done correctly, can have great success for both the pupil and the school. That is why these two amendments, which are very similar, are so important. We need a fair access protocol to make sure that, when we carry out those managed moves between schools, we know how it is happening. I like the notion that the local authority should perhaps report on this—not creating more bureaucracy but just giving confidence to the system. I hope the Minister when she replies will tell us how important it is to get this right.
Baroness Spielman (Con)
My Lords, I support my noble friend Lady Barran’s amendments to Clause 56 and my noble friend Lord Agnew’s Amendment 454. I have heard much around the Committee this afternoon that is extremely important, but I think there are some wider points to make.
There are many romantic expectations of school admissions—that there is a perfect world in which every child will go to the school that they and their parents choose, in which every mainstream school can provide well for every child no matter how extreme their needs, and in which no child will ever cause harm to any other child or adult in a school. In this perfect world, the romantics expect children to be distributed perfectly evenly between schools on any measure by which we choose to analyse the population. But this is a dream, and chasing dreams rarely improves children’s experiences in the real world. Sadly, it is entirely possible that the extended powers to direct admissions will backfire, especially with policy pressure on local authorities to keep even the worst behaved children in mainstream schools irrespective of the consequences.
Consider a child for whom an LA is trying to find a managed move. If several schools decline to accept the child, it may mean that they are all shirking their responsibilities, or it may mean that they have correctly assessed that the child’s needs are too great for that school or any mainstream school to manage the child safely. One shocking case I saw as chief inspector related to a girl who was raped by a boy who had come to her school on a managed move and, worse, the receiving school had not been informed by either the LA or the sending school of the boy’s known history of serious sexual misconduct. No school should be levered into putting other children at risk in this way.
If the LA directs the child to one of its own schools, it still has direct responsibility for the child, but if it can direct the child to an academy, it has offloaded the problem, at least in part. There is an obvious incentive for local authorities to use this power to offload the most difficult children and leave academies to shoulder a disproportionate responsibility for the most difficult and even dangerous children, and to inflict the greatest risk on the other children and staff in those academies.
Let us also consider the point that, while a decision will relate to a single child, good schools also have to consider how many children with behavioural problems they can manage and support properly without destroying the very strengths that make them able to work effectively with such children. I have seen already how difficult this is for local authorities in the context of SEND. Local authorities control EHCPs, which name a school to which that child should be admitted. In theory, it is parents who choose that school, but in practice, local authorities have significant influence over those parent choices, and some local authorities have perhaps on occasion found it convenient to encourage parents to choose academies rather than maintained schools, or at the very least to not discourage them from doing so.
As a result, some popular and successful academies have at times found themselves facing real difficulties. I know of cases where local authorities expected a school to fill more than one-third of its year 7 places with children requiring intensive individual support, many of them for behavioural problems. This would have turned those schools into de facto special schools without the wider infrastructure and support that we expect of special schools.
It is in fact extraordinarily difficult for local authorities to be impartial between mainstream schools and academies. For this reason, I strongly support my noble friend’s Amendment 452ZA, requiring local authorities to act impartially between maintained schools and academies. It will still be difficult in practice, but the principle should be explicit in the Act.
Similarly, my noble friend’s Amendment 453A to Clause 56 and Amendments 457A and 457B seek to ensure that changes to school admission numbers are made in the interests of children and parents, rather than the administrative convenience of the local authority. Again, these decisions will always be hard and will never please everyone, but it is right and important that children’s needs are explicitly put first: otherwise, it is sadly all too certain that, with the shrinking birth cohort, some excellent schools will see their admissions restricted while mediocre schools carry on. My noble friend Lord Agnew’s Amendment 454 gives some protection to this principle. I hope the Government will see how unfortunate this would be and will take steps to guard against it.
Lord Storey (LD)
My Lords, as I had to go out and take an urgent phone call during the debate, I think it would be wrong for me to comment.
Baroness Smith of Malvern (Lab)
My Lords, this third group of amendments relates to the opening of new schools, including new maintained schools, academies and free schools, and the financial governance of maintained schools—but not to the noble Lord’s amendment about local elections, so I will not respond to that.
Clause 57 relates to how new schools are opened, and the noble Baroness, Lady Barran, opposes it standing part of the Bill. The clause ends the legal presumption that new schools should be academy schools. It requires local authorities to invite proposals for academies and other types of school when they think a new school should be established and gives them the option to put forward their own proposals for new schools. The current system allows local authorities to propose new schools only as a last resort or in very limited circumstances. Local authorities hold the statutory responsibility to secure sufficient school places in their area, and it is right that we give them greater ability to fulfil that duty effectively. These changes will enable consideration of any local offer that meets the needs of children and families.
Amendment 480, tabled by the noble Baroness, Lady Barran, relates to the opening of projects in the free schools pipeline. I understand the noble Baroness’s desire—and the passion and enthusiasm of the noble Lord, Lord Harris, who, as others have said, has played an enormously important role in improving the quality of schools for many of the children who need it the most—to ensure that the approved free school projects open as planned. I know that trusts and local authorities commit significant time and energy to supporting these projects.
However, noble Lords will also understand the need to consider carefully the use of a limited amount of school capital. Agreeing the amendment would commit the Secretary of State to opening all projects in the current pipeline, regardless of whether they are still needed or represent value for money. That is why the department is giving careful consideration to these proposals in relation to the need for places, their value for money and the extent to which they provide a distinctive local offer. It would be wrong to spend funding on new schools that cannot be financially viable while existing schools urgently need that funding to improve the condition of their buildings.
Amendment 481, tabled by the noble Lord, Lord Agnew, would require local-authority-maintained schools to have an annual external audit. In response to the noble Lord’s contribution, I am afraid I must clarify that he was wrong to state that maintained schools do not have to publish salaries over £100,000 and that they do not have to submit three-year budget plans. Those requirements were introduced by the last Government in 2021 following a consultation put out by the noble Lord as a Minister. He has had more of an impact even than he realises.
I nevertheless understand the points the noble Lord made about the responsibility on all school leaders to ensure that public money is being spent as effectively as possible in order to maximise the amount that can be spent directly on supporting and educating our children. However, the Government do not believe it is necessary to mandate all maintained schools to have an annual external audit. Maintained school accounts form part of local authority’s accounts. A sample will be audited each year as part of the local authority audit process. Any maintained school that wants a separate audit has the right to commission one. We can argue about whether, as the noble Lord has suggested, auditing would save money. However, we are clear about how much it would cost. School audits can cost £10,000 or more—the total cost of separate audits for all maintained schools would be at least £100 million a year.
I hope that, given my explanations, the noble Baroness will feel able to withdraw her clause stand part notice, and other noble Lords will not move their amendments.
Lord Storey (LD)
My Lords, this debate has been very thought-provoking. I always want to listen to what the noble Baroness, Lady Fox, has to say; she always challenges my own thoughts.
We all know the saying, “Sticks and stones may break my bones, but words can never harm me”. But, of course, words can harm you—sometimes tremendously so. They can almost “destroy” a pupil’s resilience and well-being. I think about a little girl called Millie, who was eight years old and a very good footballer. Her grandad took her to play football every Saturday morning on the fields by Otterspool Prom. Because she was so good, the other girls became quite jealous of her, so they contrived among themselves never to pass the ball to Millie. Millie just could not understand that; she wanted to take part in the game, but together they bullied her by not passing her ball.
She went to the parent who organised and refereed the football; one of his girls was part of this little group saying, “Let’s not pass the ball to Millie”. He said to her, “Oh grow up. Go away. You’re a footballer, come on, you can take it”. She went home feeling completely “destroyed” and chose not to play football again. I tell that tale because we actually forget the bully in that situation; the bully needs help and support as much as the person who has been bullied. We often do not consider that in school policies on anti-bullying.
I just want to say to the Minister that when we briefly discussed bullying in another group of amendments, she mentioned that schools have behavioural policies. I was arguing that we should have separate anti-bullying policies, because—I think I am correct in saying this—not every school has to have them.
This amendment simply says that we should know where we are. I will perhaps criticise myself a bit—as did the noble Lord opposite. All these amendments are seeking more information, quite rightly, on racist incidents, bullying and so on. But who has to collect that information? The school. Who in the school has to collect it? The teacher. When we talk about workload pressures on teachers, let us be aware that, all the time, we are creating more workload pressures for them. Nevertheless, some of these things are important. Certainly, information on racist incidents should be collected; we should know exactly what is happening with that. We should also know about bullying incidents, so that we know how to react and where we should go next.
My noble friend Lord Addington made an important point, picked up by the noble Lord, Lord Carlile, that while we might be good at collecting information, we are not good at sharing it—and it is a fat lot of good collecting the information if we do not share it with other people, particularly other agencies. I was going to share the details of why we want to do this, but the noble Lord, Lord Carlile, very eloquently spelled out the information that we were supplied by the Anti-Bullying Alliance. Those figures are quite shocking in respect of the number of children in our education system who are bullied.
Bullying comes with all types of events. I mentioned football but I could equally mention the sly little pinch every day from one child to another. I could mention a whole host of things. I think of my own friends, now are in their 60s and 70s, who were affected by bullying as young people and it formed part of how they behave and react to things. We need to address this issue, but we can do so only if we know how serious it is. So, despite more workload pressures for teachers, I hope the Minister might agree that this is an important route that we should follow.
I want to mention briefly, as time marches on, the amendment from the right reverend Prelate the Bishop of Gloucester. It is important: teachers and head teachers may not be aware of how many children have parents or a parent in prison. We had thought it was somewhere around 31,000 but, in fact, according to figures, the number of children with a parent in prison is nearly 193,000. That is something that we need to address. I do not want to go into all the details but I very much support the right reverend Prelate’s amendment as well.
Baroness Smith of Malvern (Lab)
My Lords, we have had a good, wide-ranging debate on this group, which concerns how schools deal with acts of violence against their staff, pupil behaviour management, and tackling bullying in schools, including incidents that are racist or faith-based.
Violence and bullying in schools are never acceptable. No teacher should feel unsafe or face violence or abuse in the workplace. The department will always support teachers to ensure that they can work in safe and calm classrooms.
All schools must have a behaviour policy to regulate the conduct of pupils, to help ensure that teachers and pupils are protected from disruption and, most importantly, that they have a safe school environment in which to work and learn. When misbehaviour occurs, schools can use sanctions as a measure to improve behaviour; in the most serious cases, exclusion may be necessary to ensure that all pupils are protected from disruption and can benefit from the opportunities provided by education. To provide some assurance to the noble Baroness, Lady Barran, we believe that pupil referral units have an important role to play in this.
To reiterate the importance with which the Government view this, we have recently announced the launch of new RISE attendance and behaviour hubs, focusing on supporting senior leaders to develop safe, supportive school cultures with high expectations for attendance and behaviour. Their role will include using data to identify and address areas of concern. We have now appointed the first 21 lead schools in this programme.
Amendment 459, in the name of the noble Baroness, Lady Barran, would require schools to report acts of violence against staff to the police. I want to be completely clear that, as I have already said, all forms of violence against school staff should be taken seriously. It is never acceptable for anyone to be harassed, intimidated or attacked.
The primary duty to take reasonable care for the health and safety of all employees rests with the employer. The employer is responsible for doing what is reasonably practicable to ensure the health, safety and welfare at work of all employees and should take appropriate action where they are aware of any matters that could detract from that. Where violence is involved, schools should take immediate and appropriate action. Should the incident constitute a potential criminal offence, it would be for the school employer to consider involving the police, having followed the advice in WHEN TO CALL THE POLICE Guidance for Schools & Colleges from the National Police Chiefs’ Council, written in partnership with the department and the Home Office. Given those provisions and that guidance, we fear that this amendment would be likely to impose additional burdens on schools without necessarily strengthening protections for staff.
Amendment 464, in the name of my noble friend Lady Whitaker, would place a duty on local authorities to require schools to record and report racist incidents or faith-based bullying, and the action taken. I wholly support the views of noble Lords who have identified how reprehensible these incidents are and how important it is that action is taken within the school to identify and educate students about the significance of that element of bullying.
Under the Equality Act 2010, every school in England has an existing legal obligation to not discriminate unlawfully on the grounds of a protected characteristic. We have confidence in the seriousness with which head teachers take any incidents that breach this requirement, as these would. Further reporting requirements for schools would risk creating a new burden and risk unintended consequences, as some noble Lords have touched on, discouraging children and staff from disclosing to school leaders due to privacy concerns and increasing the threshold at which schools may identify and respond to incidents due to perceived risk of reputational damage. We want children to be as open as possible within the school environment so that head teachers and teachers can determine the appropriate action.
I will take Amendments 501 and 502E together as both aim to address the importance of tackling bullying in schools and recognise the profound impact it can have on children’s lives. Amendment 501, in the name of the noble Lord, Lord Storey, seeks to introduce a duty on the department to collect and publish national data related to pupils’ experiences of bullying in schools. The department already monitors young people’s perceptions of bullying through the annual National Behaviour Survey, and I can confirm to the noble Baroness, Lady Barran, that that survey will continue. It enables us to develop our understanding of bullying prevalence and trends.
Amendment 502E, in the name of the noble Lord, Lord Carlile, seeks to mandate the appointment of an anti-bullying lead in schools to develop an anti-bullying strategy. In my introduction to this group, I referred to the legal requirement for schools to have a behaviour policy. In response to the question from the noble Lord, Lord Storey, the law is clear that a school’s policy should include measures to prevent bullying. Schools are held to account by Ofsted and the Independent Schools Inspectorate on that.
School leaders are, and should be, free to tailor their approach and this can include deploying a lead for anti-bullying. Mandating how schools meet their obligations to prevent bullying, particularly in terms of staffing, does not recognise the need for flexibility in schools to ensure that approaches can be tailored to meet the needs of different settings and cohorts of pupils. This in no way suggests that we do not take this issue seriously and that is why the Department for Education is launching a procurement for an expert- and evidence-led review into best practice on preventing and tackling bullying. The learning from that best practice review will inform the support to be given in the longer term by the new attendance and behaviour hubs that I have already mentioned. This approach has been informed by recent engagement with a range of stakeholders, including teachers, parents, academics, charities and young people, to understand more about the issues around bullying.
Amendment 502N relates to a very important topic and it is right that the noble Baroness, Lady Grey-Thompson, raises it. The department recognises that the misuse of seclusion in schools can have a significant and long-lasting effect on the pupils, staff members and parents involved, and we are committed to minimising its use in schools. Earlier this year, we held a 12-week public consultation on the draft Use of Reasonable Force and Other Restrictive Interventions in Schools guidance. We have listened to the views of the sector and taken the decision to pursue secondary legislation that mandates the recording and reporting of the use of seclusion in schools to parents. This important work is already under way. It is a significant and positive step forward for pupils and their families, and will support schools to have consistent, transparent policies on the use of reasonable force and restrictive interventions which aim to safeguard everybody within the school community.
Lord Storey
“National tutoring guarantee(1) The Secretary of State must, within six months of the passing of this Act, publish a report outlining the steps necessary to introduce a national tutoring guarantee. (2) A “national tutoring guarantee” means a statutory requirement on the Secretary of State to ensure access to small group academic tutoring for all disadvantaged children who require academic support.(3) A report published under this section must include an assessment of how best to deliver targeted academic support from qualified tutors to children—(a) from low-income backgrounds,(b) with low prior attainment,(c) with additional needs, or(d) who are young carers.(4) In preparing a report under this section, the Secretary of State must consult with—(a) headteachers,(b) teachers,(c) school leaders,(d) parents of children from low-income backgrounds,(e) children from low-income backgrounds, and(f) other individuals or organisations as the Secretary of State considers appropriate.(5) A report under this section must be laid before Parliament.(6) Within three months of a report under this section being laid before Parliament, the Secretary of State must take steps to begin implementation of the recommendations contained in the report.”Member's explanatory statement
This amendment requires the Secretary of State to publish a report outlining the steps required to introduce a national tutoring guarantee, and to begin implementing its recommendations.
Lord Storey (LD)
I thought we might be breaking at quarter past, so you caught me unawares.
My Lords, Covid seems a long time ago, and I remember very well the virtual meetings we had as Members. We carried on our business, but for schools it was a very challenging time. Perhaps one of the successes of that time in terms of education was the national tutoring programme—I think it cost £1 billion—so that children could carry on their learning with a dedicated tutor online.
This amendment suggests that we look at introducing a national tutoring guarantee that is particularly aimed at children and young people from disadvantaged backgrounds. The gap between children is growing and growing, and this might be one way we can accelerate children from disadvantaged backgrounds’ learning and help them overcome that deficit. It is, if you like, the rocket fuel that will ignite their educational needs. It is easy to do. It is effective, as we found during Covid. The amendment is just asking that we look at whether this is feasible. I beg to move.
Lord Storey (LD)
I thank the Minister for her detailed reply and all Members for their contributions. I was particularly taken by the comments from the noble Earl, Lord Effingham, who said that no child should be left behind—he is absolutely right. It was a very measured response to the amendments.
It was good to receive a contribution from the noble Lord, Lord Gove. As a coalition partner, he did work on education. I was a bit surprised that he thought the idea of a tutoring programme was a Lib Dem publicity stunt. During his time as Secretary of State for Education, he focused on the attainment gap, particularly for those with special educational needs, but that dial hardly shifted—for all the work he did in that cataclysmic period, the attainment gap hardly shifted.
The noble Lord asked how poorer pupils could catch up with wealthier pupils. Sadly, if a wealthier pupil is behind—guess what?—someone might hire a tutor to help them catch up. That is what the national tutoring guarantee scheme would have done. Despite some of the comments, I still believe that it is an area that we need closely to look at—not for all children and not for ever, but as a catch-up programme for young people and children from disadvantaged backgrounds. With that, I beg leave to withdraw my amendment.
Baroness Grey-Thompson (CB)
My Lords, I declare an interest in that I am chair of Sport Wales. I strongly support Amendment 472 in the name of my noble friend Lord O’Donnell, and I agree that it is one of the most important things that we can do. At Sport Wales, we carry out a school sport survey, and we had responses from 116,000 children who gave their opinion on sport and well-being. We do not use it only to focus the funding; it is to help them to be part of the solution, to think about how their well-being might be improved.
I have my name on Amendment 500. I make a plea for physical literacy, and for giving it the same status as literacy and numeracy. We know that, if we teach children good physical literacy skills, it helps their mental well-being. The reason why we need to do this is that we are in a time of crisis. UK Active data shows that we have a generation of children who are more likely to die before their parents because of inactivity. A press release issued by the Department for Work and Pensions on 18 June 2025 stated that one in eight young people is not in education, employment or training. I realise that that cuts across age groups and is looking at something different—but we have up to 93,000 young people between 16 and 24 on personal independence payments. This is not to criticise the Government, but the system is not sustainable in this current format. We cannot keep just pushing young people on to benefits, so we have to do something differently. This group of amendments is part of the solution to helping young people. In a Bill that has well-being in its Title, it would make sense that we measure well-being.
Lord Storey (LD)
The hour is late, so I shall be brief. This group of amendments has brought out the best in your Lordships. How people have spoken on each of these amendments I have found truly caring.
Stupidly perhaps, earlier on I was saying how the noble Baroness, Lady Fox, made me consider more closely particular issues, but I have to say that on this issue I think she is wrong. For me, the most important thing in schools is not just getting children learning; it is about how they learn about themselves, and their well-being and mental health is so important. The sooner they can get the feeling of a sense of well-being and get any mental health problems sorted, the more their learning will accelerate—not as the noble Baroness suggests. We know that about ourselves; when we feel good about something, we give of our best, do we not? I know that I do. If I feel down and miserable and things are not going right for me, I do not give of my best. So it is important to get mental health issues sorted.
Children’s Wellbeing and Schools Bill
Lord Storey Excerpts(1 week ago)
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Lord Storey
“Review: factory shutdowns and school attendance(1) On the day on which this Act is passed, the Secretary of State must order a review of the effect of factory shutdowns on local school attendance.(2) The review must consider the merits of varying local school holiday dates to minimise the impact of factory shutdowns on school attendance.(3) The review must be published within six months of the day on which this Act is passed and must be laid before both Houses of Parliament.”
Lord Storey (LD)
My Lords, this is a simple amendment. I will preface my remarks by saying that, obviously, it is important that a child is in school as often as possible because when they are not in school, they are not learning. Equally, it is important that they have quality time with their parents. The opportunity to be with their mum, their dad, with both parents, is hugely important, and they learn so much from that opportunity.
As a very young teacher in Prescot, I was conscious that three large factories closed down for a period so that the factory workers could have a holiday. It often did not coincide with school holidays. As a school, we were relaxed about that because, again, we thought it important that children should be with their parents. That practice is very limited now. There are not many factories nationwide, but there are some, particularly in the north, that close down for a set period. I hope the amendment is clear that we take cognisance of that in terms of attendance issues.
On Amendment 499, there is not much to say; it speaks for itself. It is correct that all the available attendance information should be complete, accurate and consistent, and that it should always be available to parents.
I beg to move Amendment 426B.
Lord Holmes of Richmond (Con)
My Lords, it is a pleasure to follow the noble Lord, Lord Storey, and to give a nod to his amendment. I rise to speak to my Amendment 499 in this group, the purpose of which is incredibly clear: every child is entitled to an excellent education, but that does not mean that every child should receive the same education. The great joy of being born human is that we are born with rich, bright, beautiful diversity from the moment of entering this human world.
The difficulty with the Bill as set out is that it does not fully appreciate this fact or the difficulties parents have in achieving that excellence of provision for their children. In no sense is that a criticism of anybody in the system. Teachers do tremendous work, day in, day out, often in the most pressing, difficult of circumstances. This amendment is all about recognising the particularity of individual provision—not least for children and young people who may be disabled or have special educational needs—the difficulty for parents in trying to get an EHCP, and the often prohibitive cost involved, even if they can go through that time-consuming and terribly intense process.
The amendment simply asks the Secretary of State to produce a focused, “support-first” attendance code of practice that understands the particularities of those circumstances and that does not have an almost forced presumption that school is necessarily the best and only place for excellent educational provision. As I say, the amendment speaks to children, young people and parents across the piece, but it is often children who are disabled, who have special educational needs, and the parents of those children, who find themselves at the sharpest end of this current situation. That is why Amendment 499 suggests a support-focused, support-first attendance code of practice. I look forward to the Minister’s response.
Lord Lucas (Con)
My Lords, I support the thrust of both my noble friend’s amendments. The Department for Education has an important role to play in helping local authorities drive up the quality of their relationship with and service for the home-educating community. The department can provide leadership on this by giving local authorities the feeling that the Government understand what they are doing, and that is the direction that the Government wish to take. That needs to be transmitted. Doing it in a way which celebrates the achievements of local authorities, and draws out the best of what is happening and makes a good example of that, is a motivating and constructive way to do this. I hope that the Government will take this direction. Local authority home-educating departments tend to be small, a bit isolated and stuck at the back end of safeguarding, and subject to all the pressures that come from that activity. The department has an important role to play in helping get things right.
On my noble friend’s second amendment, as the Government will know from my previous amendments, this is a direction I very much support. We should be looking at the child first and punishing the parent second. I listened to the Secretary of State’s speech at the launch of the Children’s Commissioner’s recent report, and that was very much the spirit that I heard then. I hope it will be reflected in the Government’s answer today.
Lord Storey (LD)
My Lords, on Amendment 426D, the noble Lord, Lord Lucas, is right. It is important that good practice is shared between home educators and local authorities, and that the quality of home education is the best it can possibly be, and local authorities have a huge role to play in ensuring that happens. We already know—many noble Lords have mentioned particular examples—the sterling work local authorities have done with home educators.
I have a slight problem with the idea of the Secretary of State doing an annual report. We have seen dozens of other amendments decrying the fact that more information is required, but to put this annual report together would require doing exactly that—asking for all that form-filling and more information to come to the centre. There might be good practice where local authorities might wish to do a report—the amendment suggests an annual report—on the work that is going on with home educators and which could be shared with other home educators. To me, to put it in a formal way and say that the Secretary of State will produce an annual report is bureaucracy gone mad.
I am, in a sense, surprised by the second amendment. Schools are incredibly sensitive to the needs of children, particularly, as has been mentioned, those with neuro- diverse issues such as autism. They pull out all the stops to support those children. This amendment might create problems for the attendance policies of local authorities—policies that have been developed by the previous Government and this Government. We should recognise the work that goes on currently. Despite concerns, I can tell noble Lords that, in all the dealings I have had with schools, head teachers and teachers, they are more than sensitive to the needs of those pupils.
Lord Elliott of Ballinamallard (UUP)
My Lords, briefly, I have a query about proposed new subsection (2) to be inserted by Amendment 426E. I am wondering who would make the judgment around whether legal action would be required if it were to
“harm … a child’s welfare, or … on balance, … greater harm … a child’s education than if the legal action was not pursued”.
I agree with the noble Lord, Lord Storey. In my experience, schools have been very good at making the assessments and dealing with young people’s difficulties. The difficulty sometimes is in the relationship between the school and the authorities—I find that that can be problematic.
I am not clear about supporting the amendment because of that proposed subsection, as I am not sure who would make that judgment. Who would make the judgment as to whether the child or young person is doing that deliberately, or whether it is due to their mental health state or some other reason? I am keen to know who would make that judgment.
Baroness Berridge (Con)
My Lords, I had not anticipated speaking until the next group. I declare an interest as a senior research fellow at Regent’s Park College, Oxford, which is researching freedom of religion or belief in the UK. A number of Peers have entered into talking about this human right without, I think, fully appreciating its impact.
In relation to the “institution”, as it is referred to in the amendment, if this amendment were accepted, can the Minister outline where it would sit with the other out-of-school settings work that is going on, because I think it would sit as an out-of-school setting? I do not think that they are charities, otherwise they would already have safeguarding responsibilities. Could there, in some respects, be good unintended consequences of the amendment, in that we take an out-of-school setting and bring it into the safeguarding world, with DBS checks, et cetera?
Freedom of religion or belief is not an absolute right. It is sometimes put into a debate as if it cannot be curtailed. It is important to remember that the children to whom we have been referring also have the right to freedom of religion or belief. Parents have the right to bring up their children in the faith that they wish them to have, but that does not mean an immersive experience that does not allow a child to exercise their right to know, through a broad and balanced curriculum, about the world and nation that they are growing up in and about other faiths and humanist and other belief systems. This is a very difficult world—not just in the Jewish context but in the context of Christianity, other faiths and some atheistic traditions—in which to try to shield a child from knowledge so that they never choose a different type of Jewishness or a different religion for themselves.
I hope that, whatever situation we end up in with regard to these schools, we bear in mind that these children have freedom of religion or belief and should have an education that enables them to exercise that right fully. I hope that that will be part of the considerations and the engagement with the community, as we come to a position on these institutions. It is accepted in the amendment that they are institutions of some category, not some kind of faith space.
Lord Storey (LD)
My Lords, I was head of a Church of England primary school and my daughter went to a Jewish school. I am conscious that, in my home city of Liverpool, one-third of the schools are faith schools. I want to reflect on what various noble Lords have said, and I want to speak very carefully because I am still considering everything that has been said. I have found it, at times, quite challenging.
Let me deal with an issue that I do not find challenging, which is my Amendment 451. Children who are suspended from school are the responsibility of the school, while pupils who are permanently excluded from school are the responsibility of the local authority. Secondary schools that have pupil referral units, called PRUs, are often able to put suspended students into the referral unit. I have visited many of them and been astounded and impressed by how they have supported students. Instances of expulsion—permanent exclusions, as we now say—are very limited.
Let us remember that young people who are permanently excluded from school often have severe behavioural issues, which perhaps could have been picked up when they were younger and perhaps could have been supported in a different way. Many of them have severe behavioural problems.
Many—quite a high percentage, I think, and certainly over 80%—have special needs. They are the very young people who should not be excluded from school; they should be in school but, clearly, schools have a right to teach, and pupils have a right to learn. When they are excluded from school, local authorities may put them into what we call alternative provision. There are two types of alternative provision. There is alternative provision that is registered, which means that it is inspected from time to time by Ofsted. I have visited two alternative providers and been incredibly impressed by what I have seen. Many local authorities choose to put permanently excluded pupils not into a registered provider but into an unregistered one. Why? Because it is much, much cheaper. That is no way to treat a young person, no way at all.
Some of those unregistered providers do not keep a register. The young person comes and goes. There are no proper qualifications among the so-called teaching staff, et cetera, et cetera. As I have mentioned in debates in this Chamber, that is not to say that some unregistered providers are not very good, but it is still no way to treat a young person. This amendment is very simple. All it says is that any alternative provider—those schools or units, because when we talk about a school, we are probably talking about a school of 20 pupils—should be registered. We should know that there are qualified staff, qualified support and quality learning for those pupils. We should know that all the things we expect take place and that there will be, from time to time, Ofsted reports on those schools. I have looked at many of those Ofsted reports and been incredibly impressed by the work those alternative providers do. That is the simple request: that we should not allow the most vulnerable children and young people in our society to be treated in this way. They have the right to go to a proper institution—a proper school.
I now come to the other amendments. I agree with the noble Baroness, Lady Morris—it used to be “I agree with Nick.” I am sorry, I am not comparing the noble Baroness with Nick Clegg. I want children—young people—to have an education, whether in a school or, in some cases, at home, which is broad and balanced, which equips them for life, which they enjoy and which brings out their best qualities. I hope that the noble Baroness, Lady Berridge, does not mind me mentioning this, but I remember that several years ago, she came to me in a discussion about a particular faith school—a Christian school, actually—where the pupils were treated in quite a challenging way. One boy, for example, happened to tell the school that he was gay, so he was pushed into a cupboard and locked in there until he came out and announced that he was not gay. I am not going to mention the school, but I think it employed its own inspection regimes. Because it was in charge of its own inspection regimes, that company—
Baroness Berridge (Con)
I am not sure that the noble Lord is remembering the situation accurately, so it would be best in future to consult before referring to something that I think was many years ago. I say that with no disrespect to the noble Lord’s comments.
Lord Storey (LD)
I raise it only because it is a shocking condemnation of a schooling situation where young people cannot be themselves or have a proper education. I respect different religions and their rights; as I say, my daughter goes to a Jewish school where there are Hebrew lessons, the children are taken out at various times and there is a whole range of different faiths. The children’s faiths are respected and there are opportunities for them to develop learning and an understanding of their faith. That is all good and positive.
I do not have an issue with any particular faith bringing up children and young people in that faith, but I do want to see those children and young people have schooling that is registered and/or inspected. That is all we should ask for as a society. Anything that does not carry on the tradition of this country—one of the most successful multicultural and multifaith nations in the world—or develop what we believe in, we need to legislate against.
Baroness Barran (Con)
My Lords, I will keep my comments brief. We have had an excellent debate and these Benches support the aims of this clause: to ensure that children learn in settings, where they provide all or the majority of a child’s education, that are safe and regulated. I have a couple of technical points of clarification that might win the prize today for the most boring question asked of the Minister. I confess that I have read and reread the Bill and the policy notes and still do not quite follow it.
Section 92 of the Education and Skills Act 2008, which this clause amends, includes institutions that offer part-time education within the definition of an independent educational institution. I am unclear what the status of those institutions will be in future and why they do not form part of the revised definition. If the Minister wants to write, that would be fine. I am sure there is a simple and obvious answer that I have missed.
The regulation-making powers in this clause, if I have understood them correctly, are much wider than those in the 2008 Act. New Sections 92(3)(c) and 92(3)(d) seem to give the Secretary of State unlimited flexibility to redefine full-time education without proper scrutiny in Parliament. I suspect the Minister will tell me that it will use the affirmative procedure, but all of us know that that is very restricted scrutiny.
I am very pleased that my noble friend Lord Lucas has raised unregistered alternative provision, which benefits from neither safeguarding nor educational oversight, in his Amendment 427. It is extraordinary, as other noble Lords have reflected, that, rather like unregulated provision, we put very vulnerable children and young people in unregistered provision without any safeguards available. I agree with him that we would ideally have no unregistered provision but, at a minimum—this also applies to Amendment 451 from the noble Lord, Lord Storey—we would have some safeguarding regulation of those settings, even if children were going there for a short period. There is always the infamous “Dave the car mechanic” with whom some children apparently spend time. We should at least have appropriate safeguarding checks and I am interested in what the Minister thinks about that.
I now turn to the amendments in the name of my noble friend Lord Lucas, the right reverend Prelate the Bishop of Manchester and the noble Lord, Lord Glasman, all of whom have raised issues that can arise for children whose parents choose an educational path that aligns with their religious tradition. The Minister and the whole House have heard both sides of the argument very clearly today and the valid concerns that have been raised by faith groups about the impact of the Government’s legislation on their communities. Those were eloquently put in particular by the right reverend Prelate the Bishop of Oxford and the noble Lord, Lord Glasman—who I promise we will still listen to however much he speaks.
I close by aligning myself with my noble friend Lady Morgan of Coates. We want to retain what I think the noble Lord, Lord Glasman, described as the “precious” tolerance that many of us, including my own family, have benefited from this country welcoming us with, but also to ensure that the rights of every child are upheld. I hope very much that the Minister will put her not inconsiderable abilities to the task.
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Lord Storey (LD)
My Lords, the noble Lord, Lord Agnew, is right: there is a crisis in the supply of teachers, not just the numbers but also, as he said, in specialism. There is also the great worry that we are seeing the lowest number of people wanting to go into teaching and the highest number of teachers leaving early. But his solution is not my solution.
I have said in this House on many occasions that the most important thing in a child’s life is the quality of their teacher. We do not, as a society, value teachers. Having a qualification does not make you a good teacher. We can remember that, in the 30s, 40s and maybe even the 50s, someone with a university degree would come out of university and think they could teach. You cannot always. Occasionally, they could do it. Those who could not do it at secondary modern schools quickly tried to transfer to grammar schools, where they thought it might be easier. As the noble Lord, Lord Hampton, rightly said, if you have in the playground or on the sports field some challenging pupils haring around and you do not have an understanding of child development or behaviour management, you cannot cope. You would not, for example, expect someone who has a law degree to suddenly step into a court; you just would not have it. We have to work out how on earth we can ensure that people want to become teachers.
It is not just about training to become a teacher; we have to support them when they are in teaching. It is not just about salary, although that helps. It is about continuous professional development. It is about the campaigns about workload that many of us have constantly gone on about. I think that is a simple thing to solve. Teachers have said to me any number of times, “If I could just get on with the job of teaching without having to do all these other tasks”.
That does not stop visitors coming into school. It does not stop experts who have a particular knowledge being linked to a school and coming in from time to time to talk to the children. By the way, high-level teaching assistants can teach in schools. Teaching assistants at level 2 can teach, as long as they are supervised by the teacher. Maybe we should be encouraging teaching assistants to go on to become qualified teachers. We cannot have in our schools a situation where qualified teachers are undervalued and where we increasingly think the answer is to bring in unqualified so-called experts.
Turning to my amendment on bullying, I am a bit surprised that it is in this group—I think that the issue is covered in one of the later groups as well. It is worrying that currently 35% of 10 to 15 year-olds have experienced bullying of some sort. In 2023, 1.5 million children suffered bullying. Bullying happens in all sorts of ways. It can be physical, it can be emotional, it can be verbal and it can be cyberbullying. We seem to think that the important thing is to sort out mobile phones, which will stop bullying and make pupils more attentive to learning. I have a great deal of sympathy with that, as we probably all do, and mobile phones can increasingly be used for bullying pupils as well.
When a pupil is bullied, a number of things happen. It is not just physical, where there might be bruising or whatever; it is also emotional, of course. It leads to increasing absence from school. Children are frightened to go to school, because the bully might be there, so that affects their school attendance and we have talked at length about how important school attendance is. It will affect their grades when they come to do their exams. They will not be handing in homework, and so it goes on. We have to ensure that we take the whole issue of bullying seriously, which I know the Government do, and the amendment spells out some of the things that we need to do. I hope, when we come back to this at a later stage, to be able to look at it in more detail.
Baroness Barran (Con)
My Lords, this group has elicited another excellent debate and, like other noble Lords, on these Benches we remain unclear what problem the Government are trying to solve. The Government’s own data shows that the percentage of teachers without a formal teaching qualification has been pretty stable in both primary and secondary schools for the past 10 years. It sits at about 1% in primary and between 1.5% and 2% in secondary, which is about 6,000 teachers out of a workforce of over 450,000. We are talking about tiny numbers, largely in specialist subjects, which has not changed over a very long time. I could not find—and I did look—any evidence that suggests that teachers without a formal teaching qualification provide lower-quality education.
That is not to disagree in any way with any noble Lord who has spoken already. We know that the quality of the teacher at the front of the classroom is the single biggest and most important influence on the education that a child receives. The Government have argued that one would not want to be seen by an unqualified lawyer or dentist. As other noble Lords have said, any of us, if asked, “Would you like your child to be taught by a qualified or unqualified teacher?”, would say, “A qualified teacher”. But as the noble Baroness, Lady Wolf, said, if asked, “Would you like to be taught by someone with a physics degree and 10 years in the industry, or someone with a degree in English and QTS?”, I think, to be fair, the answers might be different. Amendments 437 and 437A in the names of my noble friends Lord Holmes of Richmond and Lord Agnew of Oulton have my support, because they just apply common sense, focusing on the combination of specific subject expertise at degree level, in the case of my noble friend Lord Agnew’s amendment, and demonstrable competence in teaching.
Now, having listened to the debate, I am beginning to wonder whether, given the tiny number of unqualified teachers in the system, this whole clause is not a bit of a red herring. We have a number of routes: there is the assessment-only route to get QTS, where a school or initial teacher training—SCITT—is able to award qualified teacher status to someone who has GCSEs in English and maths and a degree, and who demonstrates suitability; they obviously read my noble friend Lord Agnew’s amendment. If we have an assessment-only route, we have higher-level teaching assistants, which the noble Lord, Lord Storey, referred to, and we have teachers from FE colleges with QTLS, rather than QTS, who can currently teach in secondary schools—if all those routes are followed, maybe we can close what I argue is an inconsequential gap in a way that will allow the Government to say that everyone now has QTS, but it does not really change anything on the ground.
The noble Lord, Lord Blunkett, who is not in his place, talked earlier about what the public care about. I think they care about Governments focusing on real issues rather than this, which feels like a slightly confected problem.
My amendments in this group follow a familiar pattern. By calling for the clause not to stand part of the Bill, I am offering the Government the logical, simple course of action. There just is no need for this clause, unless the Minister can give us evidence of the harm being done or the lower outcomes for children from teachers without QTS.
The other amendments seek to limit the damage done to schools from the clause as drafted, particularly the schools that we all care about, which the noble Baroness, Lady Bousted, and my noble friend Lord Agnew talked about: schools in the most disadvantaged communities. My Amendment 436C would exempt shortage subjects from the constraints of the clause, and my Amendment 436B would give schools five years rather than one, in which time a teacher would have to achieve a teaching qualification. That is particularly important—I hope the Minister will comment on this—for special schools, where the percentage of teachers without a teaching qualification is often higher.
I have added my name to Amendment 436A in the name of the noble Baroness, Lady Wolf, which limits this measure to core subjects in the national curriculum. The noble Baroness spoke with enormous experience and insight into the potential impacts of the measure, particularly in relation to technical and vocational qualifications.
The noble Lord, Lord Storey, gave the Government the answer to at least a start on reducing bullying in schools by introducing a smartphone ban, which I am hoping the Minister’s new ministerial colleague will persuade her of, because apparently in another life he thought it was a good idea.
The issue that the clause raises is a point of principle, again, about autonomy and accountability. Like all the others, it is easy to say that the clause on its own will not be too harmful; that may or may not be true, but, overall, the Bill is fundamentally centralising and will undo the ingredients that have improved English education so much over the past 14 years. We on these Benches deeply oppose the principle of clawing back the discretion that we have given to school and trust leaders. We remain baffled why the Government want to undo what has worked well and do not focus instead on areas that deserve their attention. We would rather see the expansion of freedoms to maintained schools than their withdrawal from academies.
Baroness Fox of Buckley (Non-Afl)
My Lords, the noble Lord, Lord Sewell of Sanderstead, gave us an inspiring scene-setter for the next groups of amendments that we are discussing. It was a taster of why the decisions that we make on this Bill matter to so many pupils and young people. This is why I urge the Government not to throw the baby out with the bath-water and, in many instances, to think again. I have my Amendment 506A in this group, which simply says that, before the Bill is passed or enacted, the Government’s own curriculum review needs to be published and consulted on.
The legislation before us requires that all schools follow the national curriculum, yet there is no agreed national curriculum. Instead, the Government want to review that curriculum, which is fair enough, but that review will not even be published before we are asked to vote “blind”. It is simply wrong for a Bill to force schools to follow a particular curriculum when we have not been told what is in it: cart before horse and all that.
More broadly, we have spent a long, long time on this Bill so far. Outside of here, the Bill is informally known as the Schools Bill, yet we have managed not to discuss the whole reason for schools—to educate children into the world of knowledge—until this point. Educating children requires us to agree on what the content of that education consists of. The curriculum is not, or should not be, an afterthought. It is key: the raison d’être for schools as vehicles used by one generation to pass on to the next the canonical knowledge of humanity. When taught well, it is our greatest tool for social mobility. It is neither a fixed body of knowledge nor frozen in aspic. It changes over time. It is often contested and can be challenged, but it is a key component of educating the young.
The argument epitomised by this group of amendments asks whether every school needs to follow the same curriculum that every school must follow, yet we do not know what curriculum we are talking about, despite how important the curriculum is. The Government recognise that, which is why they set up the review. Taking three of the amendments we have here gives us some sort of meat on what the curriculum bone might be or what the arguments might be. One calls for financial education in primary schools, which we have already heard motivated. There is one to come on education for growing food and food preparation and another on education for voting.
You might say that those curriculum-related amendments are “hobby-horse” amendments. I am not saying that in an insulting way: they suggest the interests of the people putting them forward. They could all be creative and positive in a particular head’s hands with certain groups of pupils, depending on how they were used. If you get any group of teachers, parents, adults or indeed pupils together at any time and ask what should go into the curriculum, there are always very lively and creative discussions about priorities, what should matter, and so on and so forth.
The point I am making is that, even at the best of times, the curriculum is something that is a source of dispute. It can be liberating, transformative and inspiring, but it can be—and we all know this to be true—overly ideological, propagandist, politicised and used as a device for social engineering. As I said at Second Reading, I worry when Professor Becky Francis says that her curriculum review will look at what is taught through a “social justice lens”, with an emphasis on inclusivity. I am afraid I think of some of the more divisive aspects of identity politics and some of the arguments that have been had over critical race theory in schools, decolonisation and so on. It fills me with dread.
This Government have already had to pick up the pieces of curriculum mis-steps in relation to RSHE, as parents across the UK have become shocked to discover that their children were covering highly sexualised and age-inappropriate content and that some schools were affirming children in their chosen gender identities, a form of social transitioning now broadly discredited. I commend the Government for tackling that and taking it on: the point I am making is that all of that was inspired by centralised curriculum diktats. I therefore think we have to consider what the centralised curriculum diktat for all schools will be after the curriculum review.
Professor Francis has apparently said that the review will look at the alleged problem that the curriculum is too heavy. My problem is that we are now being asked to vote on legislation in a “curriculum lite” way, with the curriculum absent, despite a hugely significant mandate that all schools must follow this curriculum.
We are told that the curriculum review will address barriers to attainment, but so far the hints we have been given into the review look to be blaming exams and a curriculum that is overly academic for creating too much stress and anxiety for pupils—something that I completely disagree with. This hints at a new assessment regime that will be less stressful, and I am afraid that that fuels genuine concerns among educators that the curriculum review might amount to a recipe for lower academic standards. As we have seen in both Scotland and Wales, which have completely upended their curriculum in recent years, attainment has plummeted, sometimes below the OECD average.
I have not yet decided whether the Bill’s Clause 47 is totally wrong-headed and should be dropped, although I thought that the noble Baroness, Lady Evans of Bowes Park, made a very good case that was worth considering. I am sold on the idea of a common entitlement for all children, and I am not opposed in principle to a national curriculum for all. But the Government should not be rigid and there should be more flexibility. Amendment 444 tabled by the noble Lord, Lord Storey, would allow for that, so I am very interested in that.
However, none of this is the point of my amendment. This Bill says that all schools follow a national curriculum but will not tell us what is in it before we are being asked to rubber-stamp it. It reminds me of one FE student I taught. He was a bit of a cheeky chap. He missed a deadline for his GCSE and he said out loud in the class: “Can’t you just pass me, miss? I’ll show you the essay when I’ve written it later”. I thought that was a bit of a cheek, and I am afraid the same cheek is being displayed by the Government. I urge them to get their essay in on time, or at least to allow us to not have to vote until we have seen the essay.
Lord Storey (LD)
I thank the noble Baroness, Lady Fox, for that. It has made me think, and I will come back to some of the points she made.
In the 1970s, we did not have a national curriculum and schools could teach whatever they liked. There was only one subject they had to teach, and that was RE. Along came the William Tyndale School in London, which decided that its curriculum was going to be progressively radical and its teaching methods very child-centric. Relationships at the school broke down completely between staff and children, and the Government of the day had to step in. Then came along a Mr Ken Clarke—the noble Lord, Lord Clarke—with his national curriculum, which said that we as a society have a duty to spell out what we expect our school children to learn. The national curriculum was born. But it is not a national curriculum, because it is not taught in Northern Ireland, Scotland or Wales, and, as we know, it is not taught in over half of our schools, because they can choose what they want to teach.
These amendments make us question what we should teach. Do we think we should teach financial education in school? I think we should, but why should it be left to an individual school to decide that? Should we not, as a society, decide that? I firmly believe that water safety should be taught in schools, but it is not down to me; it is down to individual academies to make that decision. Should we insist that every primary school pupil should have swimming lessons and be able to swim 25 metres before they leave primary school? I think that is really important—I wonder how many other people think that is important. But it is not down to us; it is down to individual academies.
I welcome the curriculum review. I did not put down an amendment saying that water safety should be included because I am not carrying out the curriculum review, but the organisation I am a patron of has written and given evidence as to why that should be the case, as I think a number of people have for financial education. We wait to see what the review suggests.
I believe that one of the strengths of academies has been that they have built flexibility into the curriculum of their choice. I am just making the case—it will not be for me to decide—that there could be an opportunity for all schools to have some flexibility when deciding their curriculums.
I will end by discussing what the noble Baroness, Lady Fox, said. She is right, but each individual academy that is deciding its own curriculum does not come to us and ask whether we agree with it. They just get on with it—they are just allowed to do it. Maybe the noble Baroness is right that there should be a political decision about what is taught in our national curriculum. That is a very interesting thought, and I will leave the Committee with it.
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Baroness Bousted (Lab)
My Lords, I do not want to prolong the debate, but I have to answer the charge that it is simply the academies that are improving standards in education, and maintained schools are not. Research in the area does not show that to be the case. Since 2017, I think, the Education Policy Institute has had a yearly look at the performance of academies and state schools. Last week I looked at the one for this year and, although I cannot remember the exact figures, the general conclusion was the same that it has been every year: there are some very good academy chains and there are some poor academy chains; there are some very good maintained schools, and some are doing less well. When you look at the results in the round, there is no premium, overall, for the academy sector.
The noble Lord may shake his head, but I will happily write to him with the research. I do not want to prolong things, but I just could not sit here and take that remark again. I thought we had discussed it over dinner; now I am saying it in the Committee so that it is on the record. It is simply untrue to say that all the improvement is in one sector of schools and that there is no improvement in maintained schools. That simply is not the case; the evidence and the research simply do not support that.
Lord Storey (LD)
I shall briefly talk generally about all these amendments, which I and my party are not supporting. I ought to declare an interest as a governor of the King’s Academy, Liverpool. I was there at the beginning, when academies were started for a particular reason by the then Labour Government in very deprived communities and were then seized on by the coalition Government, including by David Laws from my party. We would sit through endless meetings, where there were always attacks on the maintained sector, about how wonderful the academies were. I never, during those early days—or even recently—heard the noble Lord, Lord Nash, who is not in his place, or the noble Lord, Lord Agnew, who is not in his place, say, “This academy is doing a really good job but, guess what? This maintained school is doing a really good job”. I never heard any criticism of any other academy. People can nod their heads, but if you look at the record, that was the case.
I remember us pushing, for example, that we should inspect multi-academies. Oh no, we could not do that. I remember trying to suggest that we have an external look at the finances of multi-academy trusts—“Oh no, you can’t do that”. Thank goodness, we have moved on considerably since those days, and I pay tribute to the noble Baroness, Lady Barran, because, during her time as Education Minister, she went to visit maintained schools, and her language and the language of her party has changed considerably. I very much appreciate that. If there is a breach—I am not sure how serious or how weak the breaches are—the Secretary of State should be looking at it and making the final decision. It should not be just left to the academy or the multi-academy trusts themselves.
One recalls that “Panorama” documentary about how proprietors of academies—it was a limited number, thank goodness—were ensuring that some of the work for their academies was going to companies that they owned and that were their own companies. So a repair or construction company would get the work from that academy. It would not go out for tender. There was a big scandal on “Panorama” about it. If that is wrong, action needs to be taken. I do not know what these breaches are, or how serious or wide they are, but it should not be just left to the academy to sort out. It should be sorted out by the Secretary of State and by her Minister in the House of Lords.
The Minister of State, Department for Education (Baroness Smith of Malvern) (Lab)
My Lords, I turn to the amendments in this group tabled by the noble Baroness, Lady Barran. Before I get into the detail of the clause and the amendments, I say to her that we believe that she may have been reading from an old version of the policy notes, because they were updated when they came to the House of Lords, and the policy notes are therefore correct in relation to the items that she was talking about. If she wants to check whether that is the case and drop me a line, I would be more than happy to follow that up if it is not the case.
This group covers the clause relating to ensuring effective oversight and accountability of academy trusts. Clause 49 introduces a power for the Secretary of State to issue a direction to an academy trust where it is failing to comply with its legal duties or acting unreasonably when exercising these powers. Currently, when a trust is in breach of a legal duty, the Secretary of State can only issue a termination warning notice, which may be disproportionate for significant but isolated breaches. This measure will allow the Secretary of State to direct academy trusts to ensure that they meet their legal responsibilities and to address instances of unreasonable conduct where necessary.
It offers a clear and proportionate route to ensure compliance. If a trust does not respond to a direction, the Secretary of State may apply to the courts to ensure the matter is resolved, reflecting similar powers already in place for maintained schools. This will be used, where appropriate, to help implement key provisions in the Bill, such as those relating to curriculum, admissions and uniform, if necessary.
Most academy trusts perform well and meet their legal obligations. However, where they fall short, the Government must be able to act in a targeted and proportionate way. Clause 49 allows for early engagement, proportionate intervention and enforcement through the courts only when necessary.
Amendment 445ZB, tabled by the noble Baroness, Lady Barran, proposes a statutory requirement for an annual statement to Parliament on the use of this power. The Government are of course fully in favour of transparency but already publish directions and other notices on GOV.UK in a timely and detailed manner. I put on record the Government’s commitment to maintaining this approach to transparency. An annual report would duplicate this process and add no further value, while adding an unnecessary administrative burden.
Amendments 444A, 445ZC and 445ZD, all in the name of the noble Baroness, propose replacing the Secretary of State’s direction-making power with a notice procedure. These amendments replace the Government’s clear and authoritative direction-making power with a more convoluted system of self-policing duties and a notice procedure. In practice, it risks delaying intervention.
Effective oversight cannot rely on academy trusts policing themselves. The Secretary of State must retain the ability to act swiftly and decisively when serious concerns arise, particularly where trusts fail to meet their legal obligations or act unreasonably when exercising those duties. The notice procedure is very similar to the power as drafted, except it does not include the ability to issue a direction in cases of unreasonable exercise of a power. Therefore, the clause as drafted is more effective than the proposed notice procedure. When the Secretary of State writes to a trust before she decides to issue a direction, it will outline the breach, the rationale for intervention and the suggested actions to remedy the breach, and will seek representations.
Finally in this group, Amendments 445, 444B, 444C and 445ZA tabled by noble Baroness, Lady Barran, seek to limit the scope of Clause 49. These amendments propose to restrict the Secretary of State’s ability to issue directions to cases where a specific legal duty has been breached. In doing so, they would remove the ability to intervene where a trust acts, or proposes to act, unreasonably in the exercise of its powers, even if no explicit duty has been contravened. This would narrow the intended reach of the clause.
The Government’s intention is to ensure that a proportionate intervention is possible not only when there is a clear breach of duty but also when a trust’s conduct in the use of its powers is manifestly unreasonable. However, I have heard concerns raised by noble Lords about this clause—particularly the concerns that these amendments seek to address with regard to the broad scope of the clause. I am considering potential solutions that would preserve our ability to intervene effectively while respecting the autonomy of trusts, and I look forward to bringing a solution back on Report that addresses these concerns.
On that basis, I hope the noble Baroness will feel able to withdraw her amendment.
Lord Ashcombe (Con)
My Lords, I, too, would like to speak in support of Amendment 448A, which I believe represents a significant step forward in promoting fairness within the teaching profession. Just as there are many reasons why an individual may choose not to join a political party, there are likewise numerous legitimate reasons why a teacher may opt not to join a union. Although I fully support the right of teachers to join trade unions, it is deeply concerning that many feel they must do so merely to secure access to appropriate representation when facing formal proceedings. No individual should feel compelled to join a union solely for the legal protection it affords, yet evidence from representative surveys indicates that many teachers do precisely that, joining primarily for legal support in the face of allegations.
At its core, this amendment is about one fundamental principle: teachers’ access to support in formal disciplinary or grievance proceedings should not be contingent on their politic beliefs or union membership status. At this juncture, I should declare an interest, in that my wife, who is the chair of a board of governors for a foundation school, is currently in the process of a disciplinary procedure.
The issue before us is the basic right to be accompanied. At present, this right is extended only to union members or those who can identify a suitable colleague. But what of the many teachers—an increasing number—who, for entirely valid reasons, can access neither? These are not theoretical concerns. There are teachers who prefer independent forms of support; teachers who are uncomfortable sharing sensitive or personal information with colleagues; and teachers who, as is their right, choose not to participate in collective structures. Tens of thousands of such professionals exist in our education system. They are not exempt from the formal process, yet they are expected to face them alone. This is a question of fairness.
We already recognise this principle in other sectors. Under the NHS’s maintaining high professional standards framework, doctors and dentists are entitled to be accompanied by representatives from defence organisations such as the MDU or the MPS. This has not undermined the role of unions in healthcare; rather, it has ensured that highly scrutinised professionals are not left unsupported at crucial moments. It is only right that teachers, who work to and conduct similar levels of public and institutional scrutiny, should be afforded the same basic protection.
We debated a similar issue during the passage of the Employment Rights Bill, and I anticipate that the same concern may be raised again today—namely, that widening accompaniment rights risk “lawyering up” disciplinary procedures. With respect, that is a mischaracterisation of both the amendment and the current legal framework. The law already imposes clear limitations on the role of a companion in such hearings, and this amendment would not alter those parameters. It would not introduce legal representation into the room.
Indeed, it is worth noting that, under the current law, a teacher who is a union member may be accompanied by a lawyer, provided that individual holds union officer status, without the need for employer approval. Yet a teacher outside a union has no statutory right even to a trained non-legal companion. That is the imbalance this amendment seeks to address.
As unions themselves often emphasise, far from escalating matters, the presence of a trained companion often helps to prevent conflict, reduce procedural errors and resolve issues before they spiral. This is about fairness, not formality; it is also about extending protection, not creating confrontation. It is not about undermining unions; it is about extending a basic protection to all teachers regardless of their affiliations.
This is a modest and reasonable proposal that would not diminish the role of unions. Rather, it acknowledges that freedom of association includes freedom not to associate. No teacher should be disadvantaged for choosing an alternative form of professional support. If we believe in individual liberty and procedural fairness, we should not turn a blind eye to a group of professionals facing complex, often career-defining moments, unsupported.
This amendment would impose no additional financial burden on schools. On the contrary, it is likely to result in savings in both time and resources that would otherwise be spent on facilitating teachers to bring colleagues to hearings.
Lord Storey (LD)
My Lords, I will speak to Amendment 448A in my name. I do so as a former membership secretary of the NUT and a former member of the National Association of Head Teachers. I could not have said it any better than the noble Lords, Lord Hampton and Lord Ashcombe. This is not an anti-union amendment, far from it. It is an equal opportunities issue, where the teacher has the right to choose who they want to accompany them if they have to face a disciplinary hearing.