Children’s Wellbeing and Schools Bill

Debate between Lord Wei and Baroness Blake of Leeds

Wednesday 28th January 2026 Lords Chamber

[Baroness Blake of Leeds (Lab)]

I thank noble Lords for their very considered comments, particularly the noble Lord, Lord Crisp, for bringing his experience into the Chamber. I thank him for the considerate way that he has approached this. I hope we will continue to have a constructive dialogue as we move forward on these important issues.

Amendment 160, tabled by the noble Lord, Lord Crisp, and Amendments 161A and 175ZC tabled by the noble Lord, Lord Wei, seek to require local authorities to act supportively towards, and establish advisory boards of, home-educating families, and ensure that home-educated children can access examinations. As I said at the beginning of this group, local authorities should be sources of support for home-educating families. Noble Lords’ engagement has been constructive and I reassure them that this will be further strengthened by the support duty in the Bill, which is the first ever duty on local authorities to provide support specifically for home-educating families, as well as the government amendments in this group, which clarify that information on GCSE exam access should be provided as part of the support duty and require local authorities to arrange biannual engagement forums, as we have discussed.

We also recognise the importance of ensuring that parents are responsible for bearing the costs of any exams they may enter their child for before they make the decision to withdraw them from school. This is something already made clear in the department’s Elective Home-education guidance and which we would expect to be discussed as part of the mandatory meetings pilots that my noble friend described earlier. To expand on this, while some of these things seem straightforward, they are more involved than perhaps has been suggested. The question is: why can we not require local authorities to find exam centres for all home-educated students? This would involve a local authority forcing a state school or college to accommodate a home-educated pupil. We do not think this is right or appropriate. Exam centres, schools, colleges and private institutions rightly take their own decisions on whether they can accept private candidates based on their individual circumstances, such as financial and administrative capacity and logistical considerations. Schools and colleges have finite resources and exams must be delivered in line with strict regulatory requirements, including desk spacing, appropriate invigilator-to-candidate ratios and the secure administration of assessments to ensure that they are conducted fairly and safely. When a centre is able to accommodate a private candidate within these requirements, we fully encourage it to do so. However, it would not be appropriate to require a centre to breach exam regulations or compromise the integrity of the assessment, or to require a school with a full exam hall potentially to exclude one of their own pupils to make space for a private candidate. Instead, we encourage arrangements to be based on an understanding of each exam centre’s local circumstances and relationships.

However, the department will contact both state-funded and independent schools and colleges to encourage them to accept private candidates and to be included on the list of centres published by the JCQ, as appropriate. To pick up on the comments of the noble Lord, Lord Russell, we will also work with the JCQ to explore whether this list can be made available earlier in the year so that families have timely and accurate information to support their planning.

In addition, we will update our guidance to local authorities, encouraging them to provide clear and accessible information for home-educating families at an early stage about the qualifications and exam centres in their area. This will help families to consider exam arrangements before starting a course of study, make informed choices about assessment options and avoid unnecessary travel, where possible.

[Lord Wei (Con)]

I welcome this timely provision of information for families. I speak for myself, but Peers here have also spoken about the need for exam access and would not want to burden state or other schools that have completely full exam halls. I wonder whether, maybe through a letter, we could have a further conversation with the department about this.

As that information is gathered and you discover what access there is in a local authority, if there literally is none for exams, could there not be some dialogue with the local schools? This would not be to force them to do anything they cannot do, or cannot afford to do, but just to ask how many spare desks they have in their exam halls, which they probably will be able to tell you very quickly. Then, that will allow conversations to happen about creating something in the area, which often may be absent, as we found.

Children’s Wellbeing and Schools Bill

Debate between Lord Wei and Baroness Blake of Leeds

Thursday 3rd July 2025 Lords Chamber

[Baroness in Waiting/Government Whip (Baroness Blake of Leeds) (Lab)]

My Lords, I thank my noble friend Lord Hacking for the clarification that he has just made, and the noble Baroness, Lady Barran, for a very clear explanation of why she is not supporting these amendments. As a former lead member for children’s services for the second-largest metropolitan authority in the country, I find it very difficult to recognise some of the comments that have been made tonight, and I emphasise the dedication and hard work of so many people whose primary, indeed sole objective is to make sure that all children in this country are safe from harm. It is so important to reference that as we go through.

I am not sure how many more times Ministers need to stress that there is total recognition of how many parents are out there working extremely hard to provide a suitable education when educating their children otherwise than at school. We have heard examples of the successes of so many of them, and we recognise that many of those children are thriving.

I emphasise that parents have no reason to fear the prospect of having to include key information on local authority children not in school registers. This information is vital to help local authorities discharge existing responsibilities and ensure that the education children receive is suitable and safe. As we have heard, without the registers, too many children and young people are at risk of falling through the gaps.

I will respond briefly to the amendments in this group, which are all tabled by the noble Lord, Lord Wei. They suggests exemptions for why a child’s information should not be included on a local authority’s children not in school register.

Amendment 254 seeks to ensure that, if a child does not fit the eligibility criteria, their parents would not be required to provide any information. This is unnecessary. If a child is not eligible to be registered, their parents would not be under the duty to provide information.

Amendments 230, 323, 324 and 326 seek to limit which children must be registered on a local authority children not in school register. A key objective of the registers is to aid local authorities in their existing duty to identify, as far as it is possible to do so, all children in their areas who are not registered pupils in school and are not receiving a suitable education. These amendments would prevent this.

Amendment 230 would exempt children if the parent is able to provide a sworn affidavit from an experienced home educator that the home education being provided is suitable, if the parent has arranged for the child to sit at least three national qualifications, or if the child is enrolled in certain educational provision. None of these proposed reasons for exemption would give a local authority enough assurance that the education being provided is suitable for an individual child.

Amendment 323 would exempt children who are temporarily residing in the UK with a permanent residence elsewhere. Where a child is living in the local authority’s area, even if only for a short time, the local authority has education and safeguarding duties towards the child.

I am particularly disappointed to see Amendments 324 and 326, where the noble Lord suggests exempting asylum-seeking families and families affected by war, natural disaster or economic collapse from registers. These are some of the very children who registers will most benefit. Where local authorities are aware of these children, they can offer support to ensure that their education continues undisrupted. The registers would simply not work if the exemptions that the noble Lord proposes were to apply.

Amendment 325 would enable children aged 14 or over to be exempt from being included on the register if they register as self-directed learners. Section 7 of the Education Act 1996 is clear: it is the responsibility of the parents to secure a suitable education for their child. Parents, not children, must remain accountable for this. As we have heard, most parents are fulfilling this duty, but registers will be a crucial tool in identifying where this is not the case so that these children can be supported into suitable education.

Finally in this group, Amendment 423 seeks to allow parents to discharge their duty to provide suitable education when their child is providing services, mentoring or trade-related activities. The Government’s guidance on home education for local authorities and parents sets out that a parent must provide their child with a full-time, efficient, suitable education. Parents therefore have the flexibility to educate their child in whatever manner they deem best for their child, provided it is suitable. This may be able to be achieved through school-type work or through practical education, such as the noble Lord mentioned, depending on the needs of the child. For the reasons I have outlined, namely that exemption of any eligible child for inclusion in the registers would mean that children who may be in receipt of unsuitable education fall through the gaps, I kindly ask the noble Lord to withdraw his amendment.

[Lord Wei (Con)]

I thank the Minister and my noble friend Lady Barran for their comments. Frankly, I am disappointed. I feel that many of the measures that I have proposed are designed to help our wonderful officials, who work in local authorities and are struggling under a huge workload, to focus their efforts with the register, which will create a lot of, let us say, false positives as well as genuine areas where intervention might be needed, and a huge amount of work. That is the focus of these amendments.

The point I wanted to raise about asylum seekers was that asylum seekers are obviously very vulnerable, but under the Bill, the moment when the details of the asylum seeker’s children are in the register, the clock starts ticking. They have two weeks to do it, they have to report X number of people’s email addresses and names, they might not even speak or write English, and yet the clock will start ticking. Of course, local authorities and we as a society need to support asylum seekers, but are we willing to put them through such an onerous process if they choose, for whatever reason, to home-educate? I am not sure that this has been really thought through.

It is not any part of my design to exclude asylum seekers from the support that local authorities can provide; it is just trying to be practical. While I recognise and really applaud the officials working on the front line—already under huge pressure and struggling to work out, within all the noise of all the many databases they have access to, where they should intervene—my concern is that without exemptions such as these, this is going to make their life much more difficult and may indeed lead to safeguarding scandals and problems because they have not been able to get around to the families and children who really do need help.

I am grateful for what has been said. I will reflect on it and may return to it at a later stage but, for now, I beg leave to withdraw the amendment.