Children’s Wellbeing and Schools Bill

Baroness Barran Excerpts

Thursday 3rd July 2025 Lords Chamber

[Lord Storey (LD)]

My Lords, I think there are two things on which all in this Chamber can agree. First, school uniforms are important. I think the phrase used by my noble friend Lord Mohammed was that they give confidence to learning, and I think they give a sense of identity to young people. That is the first thing that we can all agree on.

Secondly, we can all agree that we have to ensure that school uniforms are affordable and that parents of children from poorer families do not feel discriminated against. I want to give two practical experiences. I should declare an interest as a governor of the King’s Leadership Academy, Wavertree.

My first practical example is that, when I was a deputy head teacher, the school governors did not believe in a school uniform. That was not a particularly good decision, because young people from well-off families would wear the latest trainers and show off the latest T-shirts, designer gear and so on.

My second example is my own daughter. She went to King David High School and had a very simple uniform of a sweatshirt, a polo shirt and a grey skirt. A new head came along, who was anxious to make the school stand out, and the uniform changed to a kilt, a blue blouse, a V-neck pullover with the school colours in the V-neck, a blazer with a badge and a tie. The cost went through the roof, so that was clearly stupid.

If you want to deal with this issue, the current proposals from the Government are a bit of a dog’s dinner—or Eton mess might be a better phrase. I just do not see how it is going to work. My first question to the Minister is: what about the poor old book bag? In my school, infants carry their little, green, nylon, £3.20 book bags and it means so much to those children; they encourage them to value books and to read. That would be included as one of the branded items and presumably would go. Primary and infant heads would have to decide whether the book bag is going on the altar of correctness in terms of uniform.

My second concern is that this is just not workable. If a school decides that it wants other branded items, it can write to parents and say, “This is the law of the land but, if you want additional branded items, it is up to you”. Is the Minister going to enforce this and say to parents, “No, you cannot have this additional item”? Of course they are not.

Sport was mentioned. You see teams playing in the dominant school colour. Let us say that it is red; they will play their football, rugby, hockey, lacrosse matches or whatever wearing red. What happens if they turn up for a match and both schools have the same colour red? They have to notify teams beforehand which colour to wear, which is absolutely nonsensical. If you want pride in schools, you will also want pride in sport. I do not see this happening at all.

If you really want to deal with this issue, two things should happen. My noble friend Lord Mohammed talked about the Sheffield situation. I think that it was either the Macmillan Government or the Wilson Government that brought in school uniform grants, by which every local authority could provide money for families in poorer circumstances. This was not just in Sheffield; in Liverpool, Birmingham or elsewhere, this happened. But my noble friend’s two points are absolutely right: it is not about trying to limit the number of items, but about trying to get the costs correct. If the Government were serious about this, they would reduce VAT on clothing and they might look at an acceptable level of expenditure.

The noble Lord, Lord Agnew, was right to talk about the “magic three”. Imagine the Government saying, “We want to do something about this but how can we do it?” The civil servants and Government would get together and say, “We don’t want to go back to grants because the budget would go through the roof. We want to keep VAT; if we go down that route, there will be requests for other items to be excluded. I have an idea: why not limit the number of items that can be branded?” That is not the way it works; it will just not happen in the future.

This is totally different, but I am reminded of when in the Blair Government there was talk of school assemblies. The Government of the day said that every school had to have a collective act of worship every day and that it had to be mainly Christian. You go into schools today and that does not happen because it is totally unworkable, as people come from different circumstances and faiths. I am giving that example to the Minister to show that legislation has to work—and collective worship did not work in schools. That is the point I am trying to make.

If this is carried, it just will not happen. If we really want to make a saving for children and families, we have to support the amendment from the noble Lord, Lord Mohammed.

[Baroness Barran (Con)]

My Lords, I will speak to my Amendments 195A, 195B, 198 and 199, and Amendment 199ZA, from my noble friend Lady Sater, which I have signed. We all recognise that the Government committed in their manifesto to bringing down the cost of school uniform by limiting the number of branded items of uniform and PE kit that schools require. I wonder whether those who wrote the manifesto might now, having listened to this debate, wish that they had phrased it slightly differently and just stopped at committing to bringing down the cost of school uniforms full stop.

The amendments in this group, as we have heard, all seek to find ways to give schools more discretion and flexibility in the uniform they require pupils to wear, particularly regarding branded items, while meeting the Government’s goal of keeping costs as low as possible. As we have heard, Amendments 202A and 202B seek to limit the environmental damage from branded uniforms.

We have heard, very eloquently, from across the Committee, about the value of uniform, the sense of community it brings, the safety it provides for children travelling to and from school, the fact that it saves parents money and encourages participation in sport, and—a new one to add to my list that appeals to me a lot—the subtle rebellion point made by the noble Lord, Lord Hampton.

The Government’s approach raises a number of questions, particularly given the recent Private Member’s Bill, now an Act, passed under the last Government and sponsored in this House by the noble Baroness, Lady Lister of Burtersett, who is not in her place, and the fact that, as my noble friend Lord Agnew said, the current guidance states:

“Schools should keep the use of branded items to a minimum … ensure that second-hand uniforms are available”


and avoid using items that are available only from a single supplier. The guidance is very clear:

“Parents should not have to think about the cost of a school uniform when choosing which school(s) to apply for. Therefore, schools need to ensure that their uniforms are affordable”.


A real merit of the current guidance is that it talks about the cost of the total uniform and not just the branded items, because that is what parents pay for. As we have heard, the cost of branded items has fallen significantly in real terms in recent years.

Furthermore, the definition of “school uniform” in the Bill is very broad. The noble Lord, Lord Storey, made the case for the nylon school bag—I have several of my children’s in cupboards at home, fondly full of school reports. It also includes any clothing required for extracurricular activity, including items without a logo but which are only available from “particular suppliers” and have a “distinctive characteristic” such as its “colour, design” or “fabric”. We know from the Answer to a Written Question that, based on the department’s Cost of School Uniforms Survey 2023, which surveyed parents, an estimated one-third of primary schools and seven in 10 secondary schools will have to remove compulsory branded items from their uniforms to comply with the proposed legislation. The impact of the Government’s changes will be felt far and wide but not, it appears, in reduced costs to parents, which is rightly the Government’s objective. Given all the recent legislation and guidance, it is hard to see how this is the best use of time for school leaders, governors and trustees.

Amendment 200, in the name of my noble friend Lord Agnew, would achieve two goals. First, like the amendment in the name of the noble Lord, Lord Mohammed of Tinsley, it approaches the issue from the perspective of cost, rather than being prescriptive about the number of branded items a school is allowed to require its pupils to wear. Secondly, it addresses the issue of responsibility for the cost of school uniform and makes it absolutely clear that this should rest with the members in an academy trust and the local authority for a maintained school, rather than with the Secretary of State. Both these points are important; cost is at the heart of the issue, but so too is the need to keep responsibilities clear and delegated to the responsible bodies, rather than centralised. It is extraordinary to imagine that the Secretary of State has any time to worry about book bags and ties. That is why, although I agree with the principle behind Amendment 195, I believe that my noble friend’s amendment is stronger as it captures both points.

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[The Minister of State, Department for Education (Baroness Smith of Malvern) (Lab)]

My Lords, I rise to speak to the amendments in group one. Just to be clear, the Government believe that uniforms have an important role to play in our schools, for many of the reasons that noble Lords have outlined, but we are committed to cutting the cost of school uniforms for families. This is why we have chosen to support families by limiting in this Bill the number of branded items that schools can require pupils to have. This will enable parents to buy more items from a range of retailers, including high street retailers, allowing them the flexibility to make spending decisions that suit their circumstances.

On Amendment 195 in the name of the noble Lord, Lord Mohammed, we want to ensure that any action we take provides schools and parents with clarity and offers parents choice in how to manage the costs of school uniforms. Ensuring that parents can buy more items from a range of retailers gives them that flexibility. The argument has been made that a cost cap is simpler than the Government’s proposals. I cannot see that argument. A cost cap would mean that schools would have to review uniform policies annually, as the noble Lord said, to ensure that they remained within the cap. It could mean schools changing their uniforms more frequently, thereby increasing overall costs and restricting choice for parents. A cost cap would be complex for schools and suppliers to administer, and the need to meet a particular price for items could also increase a school’s reliance on specific suppliers, whereas a competitive market benefits all parties, allowing parents to take advantage of lower prices, better-quality goods and services, new and innovative products, and greater choice.

Responding to the points made about the school uniform grant, we recognise that parents are struggling with the cost of uniforms—that is why we are bringing forward these provisions—and that in England some local authorities provide discretionary grants to help with buying school uniforms in cases of financial hardship. We are facing difficult choices about how we best support families. The noble Lord, Lord Storey, in a rather dismissive comment about government officials, which has been a bit of a regrettable theme this afternoon, suggested that it was somehow unreasonable of the Government to be considering the cost of the proposals they are bringing forward. A national grant, even if targeted to those most in need, would be a considerable commitment in the current financial climate, so, rather than subsidising expensive uniforms through a grant, this Government have chosen to reduce the cost of uniforms for all parents through these provisions.

On Amendments 195A and 195B in the name of the noble Baroness, Lady Barran, as previously mentioned, it is a key priority of these provisions that we provide clarity on what the measure means for parents. These amendments could create confusion for parents about whether a given branded item of uniform would be captured within the statutory limit, depending on how it was acquired. There is also a risk that schools may subsequently attempt to charge parents for expensive replacements if branded items provided for free are lost or damaged. Furthermore, allowing schools to set different uniform policies depending on the school’s ability to provide or source branded items for free could also risk increasing inequalities between schools and pupils.

Amendments 196 and 197 in the name of the noble Lord, Lord Hampton, seek to increase the number of items that secondary and middle schools can require from three to five, or six if one of those items is a tie. We believe that the limits in the measure that the Government are bringing forward provide the best balance between reducing costs for parents and ensuring that schools, parents and pupils can continue to experience the benefits that allowing a small number of branded items can bring, while ensuring that schools retain the flexibility needed to set uniform policies that work for them. Increasing these limits would significantly limit the impact of this measure, depriving many parents of the opportunity to enjoy greater choice in where to buy their child’s uniform and the flexibility to make spending decisions that suit their circumstances.

Amendment 197A in the name of the noble Lord, Lord Young, is, as written, as opposed to some of the points the noble Lord made, which I will come to, unnecessary as the measure does not restrict the ability of schools to offer branded items for sale or to provide or loan branded uniform items, such as competition kit, as long as these items are optional. This is an important point, because there has been some suggestion that it would not be possible for schools to offer branded items or to provide or loan branded items. It would be, but they would have to be optional. If wearing the item is optional for participation in the activity, it is not counted in the limit of branded items.

We also do not want to place an undue burden on schools by suggesting—

[Baroness Barran (Con)]

I am sorry, perhaps the Minister is about to come to this: that is what normally happens when I stand up. I think my noble friend was saying that in the CCF, you have to wear the CCF uniform. Similarly, if you are representing the school in a sports competition, I am not sure it is really optional. But maybe the Minister is about to clarify that.

[Baroness Smith of Malvern (Lab)]

On the sports competition, I think it is wholly possible to envisage that the school would provide a set of branded uniform for the school sports team, while not suggesting that it was compulsory to wear it. Of course, I understand all the arguments for wanting to have a clear identity for the school while you are doing sports. On the point about cadets, which I was specifically coming to—sorry, I will make one other point before I come to cadets. There is a challenge. We do not want to place an undue burden on schools by suggesting that they should routinely be supplying additional, expensive, branded uniform items to their pupils at no cost.

The point about cadets is important. We do not intend the legislation to prevent cadets, and we will consider how to make that clear. Our view is that the legislation does not do that, but we understand the point being made and we will ensure that that is made clear, because of the benefits of students being able to take part in cadets in the way in which the noble Lord outlined.

[Baroness Barran (Con)]

Just to be clear on this, I heard the Minister say that, in the case of cadets, where wearing a uniform is required and it is given for free, the Government will clarify that that is acceptable. She also said that she does not want to place undue burdens on schools, understandably, but, in a sports competition, whether pupils wear the kit that is provided for free is going to be optional. That feels unworkable and very inconsistent.

[Baroness Smith of Malvern (Lab)]

What I said was that this measure does not prevent schools providing or loaning branded uniform items, such as competition kit, but, if that were to be compulsory, that of course would need to be included in the three branded items. As long as those items are optional, I do not think it is too difficult to envisage that schools might be able to make that work.

--- Later in debate ---

[Lord Storey (LD)]

I thank the noble Lord for that point; I am sure that the Minister is listening and learning. Again, I hope that, between Committee and Report, we can be sure that what we legislate for will be workable, clear and as unbureaucratic as it can be.

Finally, I will deal with the point that the noble Lord, Lord Frost, made at the very beginning made about flexi-learning. I have some slight experience with that, because, as I think I have mentioned before in your Lordships’ House, I had a pupil who was school-phobic; he literally would not come into school. His mum was a nurse and did not have the opportunity to home-educate, so we home-educated for her. Gradually, by that home education—which, I suppose, was a type of flexi-learning—we were able to bring the boy back into school.

I hope that, at the end of debating these many amendments, the most important thing will be that we ensure that we know where every child is, that every child is learning and that every child is safe.

[Baroness Barran (Con)]

My Lords, I, too, thank the Minister for the clarity she brought with her earlier remarks. She set out the objectives of the Government and her commitment, on behalf of colleagues in the department, to work with Peers across the House—it looks as though that will be in August—to explore their concerns and, where possible, to address them. I also thank my noble friend Lord Lucas for the constructive tone of his opening remarks.

The principle of having a register for children not in school has long held cross-party support and, as the noble Lord, Lord Storey, described, there are very different groups of children who are educated at home. What the debate has started to explore is that, in our eagerness to safeguard vulnerable children, which we must try to do well, and to support those children who have struggled in mainstream school, we must also make every effort not to stigmatise, or to treat with suspicion, parents who make a positive choice to home-educate their children.

This group and many of the others which follow highlight the complexity of creating a home-schooling register and the multiplicity of details that need to be considered. I note that Amendments 202C, 227, 227A and 286 and the opposition to Clause 31 standing part of the Bill are all probing, and I look forward to the Minister’s clarifications. I thought, unsurprisingly, that my noble friend Lord Frost made some very valid points on the risk of duplication of supervision and safeguarding in relation to children who are flexi-schooled.

On the individual amendments, there are two in this group which we support: Amendment 226 in the name of the noble Lord, Lord Meston, and Amendment 279 in the name of my noble friends Lord Nash and Lord Agnew. With regard to children missing education and Amendment 226, most people would be surprised if it was not already a duty to inform the court if proceedings relating to the welfare of the child were under way and that child was not in school. It seems to me highly relevant information for the court to take into consideration, since there is a lot more risk attached to a child who is classified as missing education as opposed to a child who is electively home-educated. I am not sure about the practicality of consistent arrangements to address persistent non-attendance or irregular attendance, as the noble Lord’s amendment sets out, but I absolutely support the spirit of his amendment that the family courts should be made aware of the child’s situation and the risks that accompany it.

Amendment 279 in the names of my noble friends Lord Nash and Lord Agnew raised the important point of what a local authority can do if it has concerns that a child is not receiving a suitable education or, indeed, any real education at all. I hope that the Government have thought about this and have a plan for it. There is a great deal of detail in new Section 436C in Clause 31 of the Bill, but nothing about the actual education that a child receives, just the time spent and with whom.

On Amendment 233A in the name of the noble Lord, Lord Hacking, I remember very well the meeting with a group of home-educators—in fact, I look below Bar and there they are again, in the same place as last time; it is like Groundhog Day. The amendment would remove new Section 436C, which defines in detail the content and process for maintaining the proposed children not in school registers. While I agree with the noble Lord that the drafting appears unnecessarily detailed and potentially intrusive, it is important to have clarity about what will be recorded and how it will be kept up to date.

I also cannot support my noble friend Lord Lucas’s opposition to Clause 31 standing part of the Bill, although I appreciate that this was designed to give the House a chance to explore the principles that the Government intend to follow, which we have heard from the Minister. My noble friend will remember that, in the 2022 Schools Bill, we were very clear that a register for children not in school was necessary. I think the current Government have improved on our original proposal in one way, with the increased focus on safeguarding in Clause 30—although, as I said in relation to the amendment from the noble Lord, Lord Hacking, I regret the extent of detail that is required in the Bill. Of course, we will probe in subsequent groups the balance between the clear right of parents to educate their children at home and the right of a child to receive a suitable education, but the principle of a local authority register for children not in school has very broad support.

My understanding is that the remaining amendments in this group are also all probing amendments. I look forward to the Minister’s reply.

[Baroness Smith of Malvern (Lab)]

My Lords, as we have heard, this group of amendments relates to the purpose and scope of children not in school registers. As the first group in consideration of these clauses, it has, rightly, raised some broad issues of principle as well, so I will speak for slightly longer than I will, I hope, on subsequent groups to put some of the important principles on the record and, I hope, to begin to allay some of the concerns expressed.

I thank the noble Lord, Lord Lucas, for the important points he raised. I want to address the principal points, as I say, before turning to other noble Lords’ amendments in this grouping. During today’s debate, we will hear much about parents’ rights, so I want to be clear up front again that parents already have and will continue to have a right to home-educate their children, in line with their preferences, values or religious beliefs. On some of the specific points that the noble Lord raised, we will give further consideration in Clause 36 to the nature of the places in which children are educated and whether they should be further inspected and regulated.

The noble Lord is right that we are attempting here to make sure that we know where children are and that they are seen. It is not about preventing them being educated elsewhere than in schools or necessarily seeing that as a risk. It is important that we do not, as some noble Lords have suggested, view the register as a statement that there is something illegitimate in the choices made by many parents to educate their children. It is about ensuring that every child, however, is seen. It is also important that we do not lose sight of parents’ responsibilities and children’s rights. The noble Lords, Lord Addington and Lord Nash, made this point very well. Parental rights are not absolute. They must be able to be evidence to local authorities that education is suitable. That is the existing position and the Bill does not change it. Children not in school registers will help ensure that children’s right to a safe, suitable education is protected. It is the Government’s ambition that no child falls through the gaps in this respect. The information that we are asking parents to provide for the registers is underpinned by that very singular goal.

To be absolutely clear, the registers are not intended to drive a wedge between local authorities and parents. I agree with the noble Lord, Lord Lucas, and other noble Lords that positive engagement between parents and local authorities is essential. I also recognise the concerns of noble Lords that we are careful about the burdens and the process for gathering and recording information for the register. This is an area where looking at it in more detail with officials in my department may well help provide some assurance to noble Lords.

Information recorded on registers and shared with the department could increase transparency and accountability; for example, by improving our understanding of reasons for home education and local authority practices. Why people choose to home-educate and accountability for local authorities are both important.

I understand that data protection is a concern for many and we take it very seriously, including our data protection obligations. We are committed to high standards of information security, privacy and transparency. All data will be processed only for a specific purpose, which in this case is regarding a child’s education, welfare or safeguarding. Local authorities will also be subject to the UK GDPR as the domain data controllers. We will talk in more detail about the nature of the information collected and its use in some later groups.

I will now move on to address in more detail other points that have been raised by noble Lords, beginning with Amendment 226, tabled by the noble Lord, Lord Meston. Tackling persistent absence and ensuring that we can trace and support children who are identified as missing school due to persistent absence is a very important part of our mission to break down the barriers to opportunity. I thank the noble Lord for raising this important issue. However, it is not necessary to set up a new system to track and trace these children. Schools are already required to return the information outlined in the noble Lord’s amendment to their local authority. Schools are also required to share information on attendance with the Secretary of State through the school census and the department’s daily attendance data collection. As outlined in the department’s statutory guidance Working Together to Improve School Attendance, local authorities are expected to use this information to identify attendance problems and to take appropriate action. Expectations include facilitating support for families where that is required, such as in the family courts.