Children’s Wellbeing and Schools Bill

Baroness Blake of Leeds Excerpts

Tuesday 3rd February 2026 Lords Chamber

[The Earl of Effingham (Con)]

My Lords, we admire the noble Baroness, Lady Lister, for her relentless focus on this issue, which is obviously well intended. But as we made clear in Committee, we are not in a position to support this amendment. Our reservations stem from the belief that its remit would extend to every ministerial decision that may have, either directly or indirectly, an impact on the well-being of children. It may add an additional legal layer of bureaucracy to a legislative process that is, unfortunately, already weighed down and could therefore hinder the decision-making process. While it is no doubt intended to improve the well-being of children, it has the potential to be detrimental to swift and decisive action in the best interests of children, and for those reasons we are not able to support it.

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

My Lords, Amendment 221, tabled by my noble friend Lady Lister, would place a duty on Ministers and officials to prepare and publish a child rights impact assessment, or CRIA, in relation to all relevant legislation, policy and budget development which will impact on children’s well-being, social care or education prior to the decision being taken.

I restate this Government’s continued commitment to upholding children’s rights and the principles of the UN Convention on the Rights of the Child, as outlined by the noble Lord, Lord Meston. We continue to work closely with key stakeholders that advocate for the rights of children. As stated in Committee, members of the department meet quarterly with representatives from children’s rights charities, providing Ministers and officials with opportunities to hear directly from experts in the sector, helping us to put children’s rights at the heart of policy-making.

We agree that impacts on children should be carefully assessed as part of policy-making; however, such an amendment is unnecessary, as upon ratifying the UNCRC in 1991, the UK Government made a commitment to give due regard to the UNCRC when making new policy and legislation. Compliance is demonstrated through the periodic reporting process every five years when the Government report to the UN Committee on the Rights of the Child on progress the UK has made in upholding children’s rights.

To pick up on the points about devolved Governments, powerfully made by different contributors—the noble Baroness, Lady Walmsley, clearly wanted to speak about Wales—as we say, these are devolved matters. Devolved Administrations are free to develop their approach to children’s rights and we are confident that the UK Government’s approach fulfils our duties under the UNCRC. This Government are committed to being child-centred and will continue to put children at the heart of our decision-making. We will continue to assess the impact of the devolved Governments’ changes, including the duty on their Ministers to complete child rights impact assessments for relevant work.

Safeguarding children’s rights is of utmost importance, but assessments should be effective and proportionate. Introducing a statutory requirement for Ministers and officials to prepare and publish CRIAs for all measures that affect children would be a significant undertaking. Government departments will continue to complete CRIAs where necessary, including on this legislation, which has been published and will be updated. The Covid inquiry noted that where mandatory arrangements are in place, for example in Scotland and Wales, CRIAs were not completed.

Furthermore, we have heard the strength of feeling on this matter in this House and in subsequent engagements, including between the Minister for Children and Families and my noble friend Lady Lister. My department will therefore be upskilling officials across government on the importance of children’s rights in policy-making. This includes delivering training to officials across government on the importance of children’s rights and supporting the completion of the CRIAs when developing policies or legislation that may impact on children and young people.

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Finally, on Amendment 243E in the name of the noble Lord, Lord Layard, so eloquently spoken to by the noble Lord, Lord Macpherson, we fully support the intention of helping young people to win apprenticeships. In fact, we delivered more than 5 million apprenticeships when in government, but a key part of our success was partnerships with employers, not just an onus on the Secretary of State. It is on this Government to match our record. To achieve that, a clear and cohesive strategy with actions is critical, and we look forward to hearing from the Minister in that regard.

[Baroness Blake of Leeds (Lab)]

My Lords, I think I win the prize tonight for the most wide-ranging set of amendments that could possibly come together in one group.

I turn first to Amendment 222, tabled by the noble Lord, Lord Storey. I appreciate the noble Lord’s arguments, which were also put forward in Committee. I thank him for raising them again. However, my view on this remains the same: schools are best placed to understand the needs of their pupils and should be able to choose from a range of options to best suit those needs, with tutoring being one option. Although the national tutoring programme has ended, schools can continue to provide tutoring through the use of funds such as pupil premium, which can be used to support the disadvantaged pupils identified in this proposed amendment. Guidance based on evidence gathered through the programme is available to support schools to deliver tutoring.

In addition, the noble Lord may be aware that on 26 January the Department for Education announced plans to co-create AI tutoring tools with teachers and leading tech companies. This programme will develop and robustly test our AI tutoring tools so they are safe and work for pupils, including the most disadvantaged, and school staff to complement high-quality, face-to-face teaching. We need to have confidence that schools are best able to go forward and use their resources appropriately.

On Amendment 241, tabled by the noble Lord, Lord Mott, I fully appreciate the noble Lord’s concerns about the educational attainment of children with a parent in prison. We had a good discussion in Committee and we have committed to identifying and supporting all children affected by parental imprisonment. We welcome the intent of this amendment and assure the noble Lord that the Department for Education is working closely with the Ministry of Justice to determine how we can best identify all children affected, not just those of school age, sensitively and ensure that they get support to enable them to thrive.

I think that emphasis on sensitivity is crucial here. I stress what I have said before, which is that we must not make any assumptions in this area about the experience of individual young people and must make sure that their needs are met across the board. It is a complex picture and our approach is to make sure that we link to a consistent nationwide support offer. We are working through the details of exactly how we can do this. Sharing information and increasing awareness have to be fundamental measures that we look at in this. While I urge the noble Lord to withdraw his amendment, I hope he recognises the seriousness with which we take this subject.

Amendment 243, tabled by the noble Baroness, Lady Boycott, would require new schools to be built to deliver net zero carbon in operation and to be resilient to climate change, and for action plans to be developed for all existing schools to reach net zero and to be resilient to the impacts of climate change. I can confirm that the Department for Education already requires all centrally funded school building projects to be net zero carbon in operation, designed to be climate resilient to a two-degree centigrade rise in average global temperatures and future proofed for a 4% rise, and to incorporate sustainable drainage systems and promote biodiversity. The DfE’s sustainability strategy introduced an expectation for all schools to develop a climate adaptation plan. This is supported by the Climate Ambassadors Network, which provides free expertise to schools.

The considerations set out in the amendment should be included in the setting’s climate action plan. As I say, guidance has been published, and I hope that schools are aware of the programme of support that is available to help them put the plans in place, with the sustainability leadership and climate action plans in education from the department. The requirement for a climate action plan has also been included in the recently updated estate management standards. This policy is designed to ensure that action is taken at a responsible body and/or setting level to ensure that children and young people are prepared for a changing future and that sustainability and climate resilience is built into the operation of the setting.

Turning to Amendment 243A, tabled by the noble Lord, Lord Young of Acton, I appreciate the intention behind this amendment: to prevent safeguarding procedures being misused for political purposes. The Government cannot support it, however. Safeguarding teams must be able to consider all relevant information to keep children safe, and restricting their ability to take account of political views would make that vital work harder. We recognise the difficulties that schools face when making decisions that require consideration of safeguarding and security risks alongside political impartiality and freedom of speech. However, we can all agree that the fact that my honourable friend Damien Egan MP was unable to visit a school in his constituency was a completely unacceptable situation, and I think it triggered, in part, the amendment. All Members of Parliament should be able to visit anywhere in their constituency without any fear of antisemitism or prejudice.

Ofsted has inspected the school in question and found no concerns, but it is also vital that we fully understand the circumstances of this case. That is why the Secretary of State has asked the trust to commission an independent investigation into what happened so that key lessons can be learned. The Secretary of State has also announced an independent national review to help ensure that all schools and colleges have the right systems, processes and support available to identify and respond effectively to antisemitism and related issues, as has been outlined. It is important that we do not pre-empt those reviews, and the DfE will of course continue to look at all schools and colleges across the board through the lens of the work they are doing.

On Amendment 243B, tabled by the noble Lord, Lord Storey, I am aware that the VAT status of all further education colleges is an area of continued interest for the sector. Colleges are unable to reclaim VAT incurred on their non-business activity, which includes providing free education. The Government operate VAT refund schemes for local authorities, including the schools they maintain, and for academies. These are variously designed to prevent local authorities needing to raise local taxes to pay for their VAT costs, and to support schools to leave local authority control by ensuring equal VAT treatment between schools and academies. Colleges do not meet the criteria for either scheme.   In relation to business activity, colleges enjoy an exemption from VAT which means that they do not have to charge VAT to students but cannot recover it either. I stress that tax is a matter for the Chancellor, who takes decisions at fiscal events in the context of the broader public finances.

Amendment 243E stands in the name of my noble friend Lord Layard, and I thank the noble Lord, Lord Macpherson, for laying out its content and for the work he does with my noble friend, who is regarded as a real champion in this area. I also thank the noble Lord, Lord Storey, and the noble Baroness, Lady Tyler, for their comments. The amendment seeks to ensure that every eligible young person aged 16 to 18 in England who wishes to start an apprenticeship at level 3 or below has the opportunity to do so.

This amendment is in the context of an incredible drop-off in the number of people starting apprenticeships, and the unforgivable rise in the number of young people who are NEET across the whole of the country. I am delighted that my noble friend Lord Layard is such a champion of apprenticeships, and this Government share his ambition to support more of these opportunities for young people. For this reason, we are investing in young peoples’ futures and rebalancing apprenticeships back towards young people, who obviously have the most to gain from apprenticeships, regaining their confidence, against the backdrop of the fall in starts over the last decade.

Since we last spoke in Committee, we have announced our ambition to support 50,000 more young people into apprenticeships, backed by an additional £725 million of investment. We will expand foundation apprenticeships into sectors where young people are traditionally recruited, exploring occupations such as hospitality and retail. We are making £140 million available to pilot new approaches to better connect young people, especially those who are NEET, to local apprenticeship opportunities. From August, apprenticeship training will be completely free for SMEs who hire eligible young people aged 16 to 24.

We also continue to provide a range of financial support to encourage employers to offer apprenticeships to young people. We provide £1,000 to employers when they take on apprentices aged under 19, or eligible 19 to 24 year-olds. Employers receive additional payments of up to £2,000 for eligible foundation apprenticeships. Employers are not required to pay anything towards employees’ national insurance for all apprentices up to age 25.

However, we have to recognise that apprenticeships are jobs, first and foremost. We cannot compel an employer to hire—it must remain for employers to decide when they offer apprenticeships to meet their skills needs.

With those comments, I hope the noble Lord will be able to withdraw his amendment.

[Lord Storey (LD)]

I beg leave to withdraw the amendment.