Children’s Wellbeing and Schools Bill

Lord Addington Excerpts

Thursday 3rd July 2025 Lords Chamber

[Lord Addington (LD)]

My Lords, very briefly, the noble Baroness, Lady Barran, points out that intervention in schools can be a protection. The Government’s thinking about the future of this and the future interaction would be well worth hearing.

[Baroness Smith of Malvern (Lab)]

In group 4, we have an interesting combination of some amendments suggesting that the Government are going too far in their proposals around the hurdle for having to seek consent to home-educate and others suggesting that they are not going far enough. I will try to find a way through the centre of this, because what they all have in common is seeking to explore the rationale for the local authority to have to provide consent before a parent can withdraw a child from school to home-educate—in this case, where the child is subject to a child protection inquiry

I turn to Amendments 205 and 206. Just to be clear, the Government believe that the consent measure with respect to Section 47 inquiries provides an important but proportionate safety net for children subject to child protection inquiries and plans. To clarify something that the noble Lord, Lord Frost, said and to reiterate this, the consent provisions are not an automatic bar to these parents home-educating. It could well be the case that, notwithstanding the fact that a child was subject to Section 47 inquiries or even under a child protection plan, the local authority felt it was appropriate for, or was willing to give consent for, that child to be home-educated. To reiterate what I said, it is a requirement for the local authority to consider the circumstances of that child, given that they have come under the auspices of children’s social care through Section 47 of the Children Act. Our view is that this should be done as part of its wider decision-making on whether a child needs protection and the planning that follows that.

There is some suggestion, which I really disagree with, that local authorities would find it easy to jump to a Section 47 inquiry simply to prevent a parent being able to home-educate their child. There are a lot of consequences to undertaking a Section 47 inquiry. I would find it hard to understand why a local authority would be so keen to prevent a parent home-educating if there were no reasons to stop them or want to get itself into the burdens around a Section 47 inquiry if it did not think it was important to do that. Of course, it is not just what a local authority believes about the circumstances of a child. For a child to be the subject of a Section 47 inquiry, they will have already hit a threshold of actual or likely significant harm. That is a high threshold. An inquiry should certainly not be initiated purely because a parent has decided to home-educate.

I note the understandable concern of the noble Lord, Lord Lucas, about how this measure could be used in an abusive relationship, where false or malicious allegations regarding the safety of a child, for example, might be made to continue to control or harass an individual. The sad reality, of course, is that it is not only with respect to issues about home education that that might happen. It could happen, and does happen, in many circumstances where local authorities are making decisions about children. For that reason, we are confident that this would not be something unusual or unheard of for local authorities, and that they do have robust policies and processes in place to consider information and evidence about child protection concerns, including recognising and handling malicious allegations. Perhaps the noble Lord could be provided with some more examples of how local authorities would handle this type of circumstance, to provide some reassurance. Given that a child will be the subject of a Section 47 inquiry only where there is actual or likely significant harm, it is reasonable that checks should be undertaken before such a child can be removed from school for home education.

Amendment 207, tabled by the noble Baroness, Lady Barran, focuses on bringing all children receiving support and services under Section 17 of the Children Act, known as “children in need”, and any child who has ever been the subject of a child protection plan in the past into the scope of the consent measure. We share her commitment to ensuring that all children are protected from harm, and recognise that, while home education is not an inherent safeguarding risk, it can of course mean that some children could slip under the radar. However, we believe that this amendment would be disproportionate. “Children in need” is a very broad group of children and many will receive services which are nothing to do with safeguarding concerns or particular educational needs.

I think the noble Baroness was suggesting that there might be ways in which it would be possible to have a definition that looked at different elements of Section 17 concerns, and perhaps I can come back to her on that point. I think one of her reasons for suggesting it is that she understands, of course, that, for example, all children with disabilities are automatically included under Section 17. We certainly would not want to suggest here that any child with disabilities whose parents wanted to home-educate them would necessarily need to seek consent. I also draw her attention to the deliverability of a measure that includes both children in need and children subject to child protection activity in the consent measure.

In the year to the end of March 2024, there were 399,500 children in need, compared with 224,520 child protection inquiries and 49,900 children on child protection plans. As noble Lords can see, it would be both disproportionate and overly burdensome on local authorities to make a consent decision for every parent who wished to withdraw their child from school for home education where that child is receiving help under Section 17: it would be roughly a doubling of the potential number of children who might need it.

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[Lord Watson of Invergowrie (Lab)]

My Lords, I am pleased to speak to Amendment 209 in the name of the noble Lord, Lord Young, to which I have added my name, and I thank him for introducing it so effectively. A young carer is defined as someone who is under the age of 18 and is looking after a family member or close friend. Often being forced to balance school and their social life with caring duties could seem an impossible task, which can take its toll on a young carer’s mental health. That said, on the other side of the coin, with the right level of support, many of the skills that they learn while caring are later transferable to adult life and the world of work.

All too often, however, young carers are invisible. If adults outside their family, particularly teachers and school support staff, are unaware of their caring responsibilities, it is unlikely that the help that they need will reach them, so it is important that we recognise young carers and learn how we can help them, because being a young carer is undoubtedly demanding. They assume adult responsibilities and worries while still a child and have to prepare for and get to school, study for exams and look after themselves.

During the pandemic, the Children’s Society launched the young carers count campaign, which highlighted the experiences of young carers and called for a child’s status as a carer to be included in the school census. The DfE acknowledged the value of that, because in 2022 it began to include young carers as a category in that census. Now that data is being recorded, a much clearer picture of the number of young carers across England and how they are impacted by their caring responsibilities is beginning to emerge. With proper resourcing, this should help significantly to improve the support that they receive.

The Children and Families Act 2014 amended the Children Act to make it easier for young carers to get an assessment of their needs and introduced whole-family approaches to assessment and support. Local authorities must offer an assessment where it “appears”—I am not quite sure what that means—that a child is involved in providing care. That legislation is aligned with similar provision in the Care Act 2014 that requires local authorities to consider the needs of young carers if, during the assessment of an adult with care needs, or of an adult carer, it appears that a child is providing or intends to provide care. In those circumstances, the authority must consider whether the care being provided by the child is excessive or inappropriate and how the child’s caring responsibilities affect their well-being, education and development.

Amendment 209 would add to Clause 30, which, of course, is concerned with children not in school. When a local authority is informed that a request has been made for a child to be removed from school, this amendment would require that a young carer’s needs assessment is undertaken. This would highlight cases where a child was being withdrawn to enable them to offer more support to a family member, likely at the expense of them attending school and thus continuing with their education. Increased caring responsibilities almost always mean that there is neither the time nor the facility for a child either to receive meaningful education from that relative or to self-educate, even where he or she was at least theoretically old enough to do so and the appropriate learning materials were made available. The starting point for any such assessment should always be that children are children first.

The young carer’s needs assessment must determine whether a young carer is giving what I described earlier as “excessive” care. Although a child might be undertaking relatively minor care tasks, the time that these take up and the demands that they make on the child could place significant limits on their life—for example, if the level of care interferes with school attendance or appears to be isolating the child in their home and preventing contact with their friends. For that reason, I hope that my noble friend will agree that a needs assessment is necessary to ensure that local authorities are aware of young carers’ needs and that their needs are being met, while preserving their access to education.

[Lord Addington (LD)]

My Lords, I will be brief. I can see why my noble friend Lord Storey added his name to the amendment tabled by the noble Lord, Lord Young. Any child taking on responsibilities like those described in that amendment is not having a childhood. In reality, they are getting through from day to day—they cannot be doing much more. School may be the only point where they will get some support and some normal life; enabling them to have that may be the only way that they can have a future.

If you spend your entire life looking after somebody else, and they inconveniently live for quite a long time, you could find yourself in middle age without an education or qualifications and having been de-social skilled—I do not know if that is a correct expression. Your life will have been taken over by another function. That should not be put on somebody that young. When she comes to respond, I hope that the Minister will say something positive, because this is something that we should deal with at the first opportunity.

[Baroness Jones of Moulsecoomb (GP)]

My Lords, I rise to speak to my Amendment 224, which I think is less contentious than the last issue that I raised in your Lordships’ House. The amendment is about deregistration from school when it is triggered by crises, or whatever. Taking your child to school is a voluntary arrangement at the point of enrolment, but parents get fined for unauthorised absence, even if they go into the sort of crisis that will eventually lead to them deregistering.

I do not know anything about education, despite being in education until I was 18, and then at university, but I have vested interest because three of my grandchildren were home-schooled. Two of them are now at Cambridge—one is doing history and the other politics—and the other one has made a comedy film about autism, which is a condition she has, and that is doing incredibly well. Those three children have been home-schooled and have reached a level that many children do not get to regardless, so I would argue that home-schooling can work extremely well. It is important to remember that, for some children, it is the answer. We want to avoid government overreach in these situations.

It seems obvious to me that, where a parent clearly no longer consents to the education arrangement with the school, it makes sense that they do not get fined. The fines do not get the children back to school, but they do add financial worries to the sense of stress. I understand why the Government reach for deterrence in order to give children the best education that they can, but sometimes school is not the right answer and I ask the Minister to consider whether financial penalties are useful in all these situations.

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I could go on. This is not a legal question but a moral one. If we legislate so that protective acts by parents are treated with automatic suspicion, while bureaucratic triggers are treated as irrefutable, we risk criminalising care and entrenching harm. Thousands of families, particularly those with disabled children or facing poverty or domestic violence, are depending on us to get this balance right. This amendment gives them the fair process that they deserve. It places the burden back where it belongs—on the state to justify overriding parents, not on parents to justify acting in their child’s best interests.

[Lord Addington (LD)]

My Lords, the idea that the best interests of the child would be judged by the state is one that is reasonable under certain circumstances. It comes back to a point made by the noble Lord, Lord Lucas. Does it have enough resources to do this? Does it have the structure? If the Minister could tell us, now or in a letter, what criteria, what resources, will be put forward, everybody would be a little bit more comfortable with what is happening here. But I am afraid that the fact of the matter on special educational needs is that it is the parent who often struggles to get the help they need. We all know why—we have all been through the system and we understand it—I just want to know the process by which we get there. If we get one that sounds reasonable, I am happier.

[Baroness Barran (Con)]

My Lords, my noble friends and the noble Lord, Lord Crisp, have made a powerful case for the point of principle that underpins this group of amendments. I confess to agreeing with them only in part. The point of the noble Lord, Lord Crisp, that there may be a muddle in the drafting, may be a fair one because of the discussion we had earlier on my Amendment 204 about the automatic inclusion of children in special schools within the framework of local authority consent. So I am sympathetic to the points my noble friends and the noble Lord, Lord Crisp, make on children in special schools and the idea that the state knows what is best for them.

Where I am not sympathetic—I respect their opinion and I think they have a point—it is because, on balance, when a child is subject to a child protection plan or a child protection investigation, we have already established that it is either confirmed that the child is at risk of significant harm or there are serious concerns that the child could be at risk of serious harm. Whether the “best interest” is the best way of framing it, I do not know, but I think that at that point and for that group of children—

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[Lord Hacking (Lab)]

My Lords, I think I have to correct myself, because I have said, on behalf of home-schooling mothers, that we favour the registry. I said that two years ago and during the Schools Bill of 2022. I did not comprehend that these amendments by the noble Lord, Lord Wei, are anti-register. I therefore cannot remain loyal to what I have just said in support of them, because I think the register is important, but Amendment 423 still stands good and I continue to support it.

[Lord Addington (LD)]

My Lords, very briefly, I find myself roughly in agreement with the noble Baroness, Lady Barran, on this one: a register should be there.

[Lord Wei (Con)]

My Lords, I want to clarify that, while I personally oppose the register totally, if there must be a register, I am proposing practical amendments. I believe the numbers shared earlier today were that the Government are going to have to get local authority officials to deal with more than 100,000 home-educating families. If they all have to be registered and a portion of them lead to various determinations and investigations, this will create a massive workload for already stretched local authority officers, who we know are struggling to catch the children we want to protect. My point in tabling these amendments is to create exemptions.