Children’s Wellbeing and Schools Bill

Earl of Effingham Excerpts

Thursday 12th June 2025 Lords Chamber

[The Earl of Effingham (Con)]

My Lords, I shall speak to Amendment 79, in the name of my noble friend Lady Barran and the right reverend Prelate the Bishop of Manchester, and Amendment 80, in the name of my noble friend Lady Stedman-Scott. While we are of course positive towards efforts that support children with a social worker, those currently and previously looked after and those in kinship care, we question why adopted children are excluded from His Majesty’s Government’s plans to strengthen the role of the virtual school head.

Our Amendment 79 would clarify the role of the virtual school head to ensure that those children in the care of the local authority who are then adopted receive the same support as children with a social worker or those in kinship care. Section 23ZZA of the Children Act 1989 puts a duty on local authorities to

“make advice and information available in accordance with this section for the purpose of promoting the educational achievement of each relevant child educated in their area”.

Clause 6 of the Bill introduces a duty on a local authority to take

“such steps as it considers appropriate”,

which is a much broader role but one that currently does not appear to include adopted children.

As the helpful briefing from Adoption UK sets out, almost half of adoptive parents surveyed for its 2024 Adoption Barometer had sought advice from their local virtual school in the preceding year. The report highlighted the variability in support that they received and the value they placed on the advocacy that a virtual school head could provide with their child’s school. Their exclusion from the Bill appears inconsistent, and we would be grateful if the Minister could confirm either that adopted children will be included or, if they will not be, why not.

Amendment 80 seeks to include career and employment opportunities for children as part of educational achievement. The number of young people who are unable to find employment or further training when they finish their education is alarmingly high. The ONS estimates that 923,000 individuals aged 16 to 24—12.5%—were not in education, employment or training in the period January to March 2025. Although that is down on the previous quarter, I think all noble Lords would agree that the number is way too high and we must act to reduce it.

Amendments 78 and 81, in the name of the noble Lord, Lord Lucas, seek to require that authorities publish the steps they have taken to promote the process undertaken that has resulted in the educational achievement of the children in need or in kinship care, and that the Secretary of State may specify how this is reported. It is important for successful practices to be shared, and the amendment would ensure that performance can be more accurately measured.

Amendment 82, in the names of the noble Lords, Lord Agnew and Lord Farmer, seeks to provide boarding school places to children in kinship care. The noble Lords raise a most interesting point. It clearly worked very well for the noble Lord, Lord Farmer. Where it works for a child—and that is obviously critically important—it can be a hugely positive experience. That child may have the ability to immerse themselves in education, sports, arts or drama, away from the distractions or dangers that they have previously experienced in their outside school life. It would lessen the time pressures on kinship carers, who we know do an amazing job but often find there are simply not enough hours in the day. We would welcome the opportunity to learn more about the work done by Norfolk County Council, the issues it encountered and how it addressed them. We look forward to discussing this further, and hope the Minister will do so also.

Amendment 83, in the name of the noble Lord, Lord Bellingham, seeks to review virtual school heads and their role in improving educational outcomes for previously looked-after children. There is not yet sufficient evidence to fully analyse the extent of the improvement from the introduction of virtual school heads. As such, this review would certainly help to understand the impact that virtual school heads have had before full implementation. We very much look forward to hearing from the Minister.

In line with what the noble Lord, Lord Storey, said, these all seem entirely sensible and well thought out amendments.

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

I thank noble Lords for their thoughtful contributions to this important area of the Bill. I think, hand on heart, we all know that children who need a social worker and children in kinship care experience significant difficulties. Many of them have poorer educational outcomes than their peers as a result, across all key stages. The noble Lord, Lord Storey, is absolutely right that it is important that everyone shares their experience. In Leeds, we always made sure that the scrutiny of children’s services was held by an opposition member; that seems to make absolute sense. We all want the best for these young people, and we must make sure that every area is fully scrutinised.

Clause 6 aims to confer statutory duties on local authorities to promote the educational achievement of such children, increasing their visibility, as we have heard from many noble Lords, and ensuring that they receive consistent expert support to improve their outcomes. In practice, these duties will be discharged by the virtual school head, who will have strategic oversight of the outcomes of these children, raising awareness and improving visibility of their needs—for example, through the delivery of training to schools in effective strategies for improving outcomes. We have just received more information about why this information is so important. For example, it will mean having a real understanding of the numbers of young people who experience school instability, placement instability or social work instability—all of which contribute to their experience in learning and their ability to achieve going forward. As well as this, virtual school heads will have a duty to provide information and advice, upon request, to kinship carers with special guardianship or child arrangements orders, regardless of whether their child spent time in care. We know that virtual heads were first introduced on a non-statutory basis, and we recognise the need for a much stronger basis. I echo the noble Earl, Lord Dundee, about the importance of local authorities in making sure that this moves forward successfully.

As I say, I welcome the spirit of the amendments tabled, which would ensure that virtual school heads work on behalf of all children, while ensuring that local authorities are rightly held accountable for the delivery of their duties. They would also ensure that previously looked-after children adopted from state care are not inadvertently disadvantaged as a result—I will come back to say more on that later. We are confident that the measures in this clause meet these aims and that, as a result, these amendments are not necessary. I will go into more detail later.

Amendment 77, in the name of the noble Lord, Lord Lucas, seeks to enable discussion on which children are eligible for local authority support and how virtual school heads will promote their educational outcomes. Providing clarity on the children to whom the virtual school head role is extended is important. New Section 23ZZZA(2), to be inserted by Clause 6, provides a clear definition of these children. Specifically, they are children for whom the local authority is

“providing or has provided services”

under Section 17(10)(a) or (b) of the Children Act 1989, as well as children

“in the authority’s area who live in kinship care”.

Amendments 78 and 81 from the noble Lord, Lord Lucas, seek to place a statutory duty on local authorities to publish a report on how they perform in promoting the educational outcomes of these children, and to specify through regulations what local authorities must report on. Transparency and consistency in local authority support are essential for driving improvements, and for ensuring that decisions are made in the child’s best interests and that every child receives support, wherever they live or are educated.

Statutory guidance already requires virtual school heads to publish an annual report summarising strategies for supporting children in their care, while local authorities are held to account through inspections of local authority children’s services. It is vital that we continue to ensure local authorities are held accountable for all children they are responsible for, and that this support is transparent. We will reinforce this accountability by updating statutory guidance to include reporting on strategies for supporting educational outcomes of children in need and children in kinship care. This will ensure greater consistency across all local authorities, enabling continuous improvement in the support provided while allowing for local and regional variations. This Government are committed to ensuring that previously looked-after children who have left care through adoption are supported to succeed in education.

Amendment 79, tabled by the noble Baroness, Lady Barran, seeks to ensure that children adopted from local authority care benefit from the same support that the clause extends to children in need and children in kinship care. I thank the noble Lord, Lord Hampton, for his statistics; it is always useful to have that level of granularity in our discussions.

To repeat, local authorities already have a statutory duty under Section 23ZZA of the Children Act 1989 to promote the educational achievements of all previously looked-after children who have left care through adoption, special guardianship or child arrangements orders. I hope that satisfies the questions that the noble Earl, Lord Effingham, raised on behalf of the noble Baroness, Lady Barran. In addition, subsection (3) of Section 23ZZA allows the local authority to

“do anything else that they consider appropriate with a view to promoting the educational achievement of relevant children educated in their area”.

I would suggest that that level of flexibility adds a great deal in the particular circumstances of each individual child.

The proposed amendment is therefore unnecessary, as the existing legislation sufficiently covers these children’s educational needs. However, we are committed to reviewing and revising the sections on promoting the educational outcomes of previously looked-after children in statutory guidance for virtual school heads. There is no room for complacency here; we have to keep revisiting, refreshing and relooking on behalf of all the children we are talking about. This will present an opportunity to further strengthen sections on support for adopted children, and we will work with the adoption sector on this, including by clarifying and reinforcing the interpretation of the duty and incorporating examples of good practice.

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[Baroness Finlay of Llandaff (CB)]

My Lords, the noble Lord, Lord Meston, has highlighted the problem of large sibling groups. I want to draw attention to a very specific group, which is bereaved children. Sometimes there are several children in a single-parent family and, when that one parent dies, often the children left behind are half-siblings—sometimes several of them. The amendment is incredibly important because those children are grieving for the parent who has died and then for the sibling or half-sibling that they are separated from.

The noble Baroness, Lady Tyler, has reminded me of a family that I was involved with where the mum died and the father had been abusive so had no contact at all with the children, and the oldest child was a few months away from being 16. We managed, with the help of a schoolteacher and various other people, to keep those children together. Many years later, I still have some contact with them, and all the children have done well. I am convinced that, if we had not struggled to keep them housed together, then one of them in particular would probably have gone off the rails, yet they have all pursued good careers and have all done well.

As an investment for the long term in the lives of all these children, the amendment is important. I hope the Government will adopt it. I cannot see that it would cost anything in financial terms, but not adopting it probably would, because of the emotional trauma to the children who are separated from the people with whom they cannot share memories and remembrances about whomever it is they are separated from.

Another issue regarding that group of children is that sometimes there is a grandparent, an aunt, an uncle or someone who can provide them with some stability but is not in a position to provide kinship care. Keeping all those links going, and enabling them to link to cousins as well, can really support them.

[The Earl of Effingham (Con)]

My Lords, Amendments 101 and 102 in the name of the noble Baroness, Lady Tyler, seek to promote familial relationships for looked-after children.

Amendment 101 seeks to include a duty to promote a child’s familial and social relationships alongside the existing duties for local authorities to promote the child’s welfare and educational achievement. This amendment emphasises the importance of maintaining relationships for children in care, which would have a positive contribution to their health and well-being. It is vital that the success of children in care is both child-led and child-centric and, as such, ensures that local authorities promote familial and social relationships.

Amendment 102 focuses on the relationships between looked-after children and their siblings. Currently, the relationship with parents is emphasised, and the relationship with siblings does not receive the same focus. As was highlighted by the noble Lords, Lord Storey and Lord Meston, establishing a bond between siblings, which can be lifelong, should be a top priority for looked-after children so that, whatever challenges they may or hopefully may not be facing, they have someone to turn to whom they can trust and confide in.

These appear to be sensible amendments, and we look forward to hearing the Minister’s response to these important points.