Children’s Wellbeing and Schools Bill

Lord Holmes of Richmond Excerpts

Thursday 18th September 2025 Lords Chamber

Moved by

[Lord Holmes of Richmond]

492: After Clause 62, insert the following new Clause—
“Curriculum review: recommended physical activityWithin six months of the day on which this Act is passed, the Secretary of State must undertake a curriculum review on how the levels of physical activity recommended by the Chief Medical Officer can form part of physical education provision within schools.”

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[Lord Holmes of Richmond (Con)]

My Lords, in moving Amendment 492 in my name I give more than a positive nod to the other amendments in this group. For Amendment 492 I also thank my friends the noble Baronesses, Lady Grey-Thompson and Lady Sater, and the noble Lord, Lord Moynihan, for co-signing this amendment. I commend them for all the work they do in this area.

We have a physical and mental well-being crisis in this country. In previous sessions on the Bill, we have rightly discussed the mental well-being crisis. My Amendment 492 goes to the heart of the physical well-being crisis. It is costing the taxpayer in the billions, it is breaking the NHS, and at a community and—crucially—individual level, it is an absolute tragedy, which can, should and must be avoided.

My Amendment 492 simply suggests that the Government should look at a means of incorporating the Chief Medical Officer’s advice on weekly and daily physical activity into the school programme. Be in no doubt, I am not talking here about competitive sport. I am not talking even about games. I am talking about physical literacy and physical fluency: moving, dancing and being in this great physical form of our human selves which we are born with.

I look forward to the Minister’s response. It is a very simple amendment, but it could make a profound difference to so many people’s lives. I beg to move.

[Lord Moynihan (Con)]

My Lords, I support Amendment 492 in the name of my noble friend Lord Holmes, which he very eloquently summarised for the Committee. I will also couple it with my Amendment 502J. First, I will reflect on some of the key issues behind the need to improve physical education programmes of study in the UK school curriculum.

To me, physical education is not merely a subject; it is a cornerstone in the development of young people, fostering health, resilience, teamwork and confidence. Yet despite the considerable investment in PE and sport premium funding, programmes of study across UK schools remain inconsistent, underresourced and insufficiently ambitious. It is imperative that we take decisive action to ensure that every child has access to high-quality, inspiring physical education.

First, the curriculum must be rigorously structured yet flexible, ensuring progressive development from foundational movement skills in key stage 1 to more complex games, athletics and leadership opportunities in key stage 4. This structure should be underpinned by clear learning outcomes, encompassing not only physical competence but personal, social and cognitive development.

Secondly, teacher training must be enhanced and continuous. Too many schools rely on external coaches or undertrained staff, which undermines sustainability and consistency. Ongoing professional development, supported by national standards and mentoring, will equip teachers to deliver high-quality, inclusive PE lessons that inspire pupils across the ability spectrum.

Thirdly, inclusive practices must be central. The curriculum must accommodate disabled pupils, those less confident in sport and the unrepresented groups, ensuring that all children can participate meaningfully. Adapted activities, peer mentoring and differentiated assessment can facilitate this inclusivity, and inclusivity is essential.

Fourthly and finally, the curriculum should embrace innovation and breadth, incorporating non-traditional sports, dance, outdoor recreation and cross-curricular activities to engage diverse interests and build lifelong participation habits, such as participation and partnerships with local sports clubs, universities and community organisations, all of which can further enrich provision.

In short, by strengthening structure, training, inclusivity and innovation, we can transform PE from a marginal subject into a vibrant, central element of the school experience, preparing young people not only to be active but to thrive in life. With that in mind, I turn to my proposal—a call to action—for a national strategy for physical education and sport in schools.

As a former Minister for Sport and a former chairman of the British Olympic Association, I have witnessed first-hand the transformative power of sport in shaping young lives. However, it is with a sense of urgency and concern that I address the current state of physical education and sport in our schools, not just over the last year but over a number of years. The absence of a cohesive national strategy has led to disparities in access, poor facilities and too much time allocated to travelling to and from sport during the curriculum, with the outcomes undermining the potential benefits that sport can offer to every child.

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[Baroness Smith of Malvern (Lab)]

In the previous paragraphs, I outlined not only what the Prime Minister had identified but the action the Government are already taking to deliver on the objective that the Prime Minister set down, so I do not think it is necessary to enshrine that in the Bill, because, as I identified, it is already happening. I am not going to rise to the noble Lord’s point about—I shall not even say that I am not going to rise to it, otherwise I will do so.

On the noble Lord’s point about staffing, it is encouraging that PE initial teacher training places are all taken up this year. Obviously, that is important in ensuring that there is a pipeline of good teachers in this area, but there is more to do on quality, especially in primary schools. The PE and school sport partnerships will bring together the support available to schools and therefore to teachers. By making sure that PE has a central place in the curriculum, in the light of our curriculum and assessment review, we can cement its place in schools’ priorities. That will of course mean a greater focus from both leaders in schools and staff.

As I was saying, the development of the PE and school sport partnerships and enrichment framework relates to Amendment 502H in the name of the noble Lord, Lord Moynihan. The Government are already delivering the co-ordinated action for which the noble Lord rightly calls, both through the PE and school sport partnerships and the enrichment framework. This has established a strategic framework, guided by evidence and collaborating with national governing bodies of sport and other key organisations, to raise the quality and standards of PE and school sport for all pupils across the country.

Amendment 492, moved by the noble Lord, Lord Holmes, and Amendment 502J, tabled by the noble Lord, Lord Moynihan, call for a curriculum review to investigate how PE, sport and physical activity provision in schools can deliver relevant outcomes for pupils. The partnerships to which I have already alluded will seek to support schools in providing opportunities in and out of the curriculum for children to work towards meeting the Chief Medical Officer’s recommendation of being active for an average of 60 minutes a day.

Of course, we already have under way a curriculum review of the type called for by noble Lords and by the noble Baroness, Lady Sater. In 2024, this Government launched an independent curriculum and assessment review, which is looking at all national curriculum subjects including physical education. It seeks to deliver a curriculum which is rich and broad, inclusive and innovative. The review is considering subject-specific issues including physical education. Subject and sport stakeholders have had the chance to feed into the review on PE and have highlighted many of the issues that noble Lords highlighted in this debate. The interim report was published in March 2025 and highlighted the reduction in PE time, especially at key stage 4. The final report will be published in the autumn with the Government’s response, and I am sure that noble Lords will allow that independent curriculum review to present its recommendations.

I hope that noble Lords are reassured that we have considered all the issues raised in the debate today. The ongoing independent curriculum and assessment review, the PE and school sport partnerships, and the enrichment framework are already starting work to tackle the issues raised. In the light of this, I hope that the noble Lord feels able to withdraw his amendment

[Lord Holmes of Richmond (Con)]

The noble Baroness rightly referred to the curriculum review that Becky Francis is undertaking, to be published at some stage. What approach are the Minister and the department taking to ensure that all the excellent work that Becky Francis is taking forward will be reflected in the Bill and that there are no inconsistencies or gaps in this legislation as a result of the timing difference between the Bill’s passage and the publication of the review?

[Baroness Smith of Malvern (Lab)]

I was referencing the amendments calling for a curriculum review and pointing out that there already was a curriculum review. Many of the points raised in the amendments, particularly the amendment from the noble Lord, Lord Moynihan, were about the approach to the curriculum; for example, ensuring that, at a primary level, we are developing the physical skills of children and promoting physical activity, and then, at secondary level, continuing that important work while also delivering a focus on competition and particular types of sports. Becky Francis’s review is independent, but from both the interim report and the evidence that has been provided and is under consideration, I know that is the type of approach being taken in the curriculum and assessment review.

[Lord Holmes of Richmond (Con)]

I thank all noble Lords who have taken part in this excellent debate.

I am not normally tempted to dive into the subject of swimming, but the noble Lord, Lord Storey, has tempted me to do so. It is always worth reminding ourselves—particularly, as he said, in an island nation—that swimming is the only sport that can save your life. That underscores the critical significance of physical activity, literacy, fluency and education in the example of learning to become a competent swimmer.

This Government, like any Government, want growth, and they face a very clear choice with these amendments. One of the key elements of growth is investment. There could barely be a better area to invest in than physical activity and physical well-being. The choice for any Government is to invest and reap all the social, economic and psychological benefits on the individual, community and country levels or to pay for the consequences through the NHS, the prison service and many other areas administered by government. These issues will certainly return on Report, but for the moment I beg leave to withdraw my amendment.

Amendment 492 withdrawn.

Moved by

[Lord Holmes of Richmond]

493: After Clause 62, insert the following new Clause—
“Education technology: guiding principles(1) The Secretary of State must by regulations made by statutory instrument make provision for the regulation of education technology deployed in schools in England.(2) The regulations made under subsection (1) must ensure that education technology used in schools in England—(a) is inclusive by design,(b) is accessible to all,(c) is transparent with regard to its training data and, where applicable, its algorithmic make-up,(d) is labelled clearly if it uses artificial intelligence,(e) does not sell or provide data to third parties, and(f) does not store personal data at a location other than that of the school in which it is being used.(3) A statutory instrument that contains regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.”

[Lord Holmes of Richmond (Con)]

My Lords, I shall speak also to Amendment 494. I am grateful to the noble Baroness, Lady Kidron, who signed my amendment; I will give positive support to her amendment in this group.

Educational technology—edtech—offers extraordinary opportunities for learners right through the school and education experience. In effect, it enables personalised education—for every young person to have a classroom assistant alongside them in technology form. It is an extraordinary upside and transformational, but only if we get right the framework, the construction and the underpinning principles that guide it. If we human-lead with these technologies, we will give ourselves the best opportunity to succeed and to empower all children and young people to succeed in their education journey. If we have a principles-based, outcomes-focused and inputs-understood approach, we enable, we empower and we have a clear understanding of what we require from these edtech solutions.

I turn now to the amendment. All edtech must be inclusive by design; accessible; transparent about the make-up of the technology; labelled, if AI is in the mix; and absolutely crystal clear as to how the data is used, where it is stored and how none of that data—children’s data—gets sold on to any third parties.

The opportunities are extraordinary. It is at least a touch unfortunate that so much of technology in school is being described and seen through the lens of smartphones. It is understandable, because of some of the catastrophic downsides and outcomes we have seen as a consequence, but there is nothing inevitable about that. Edtech, positively deployed, human-led, with human principles and values at its heart, and with the right oversight and approach to data, could enable such a powerful learning experience, primarily for young people and children but also for teachers, classroom assistants and the whole school community.

Amendment 494 is about pulling on the power that we have through procurement. We can achieve so much by understanding how we look at the values and underpinning principles that we put into how we procure. This amendment echoes many of the under- pinnings of Amendment 493 in understanding that, if we can get a procurement standard in place, then many of the potential problems and difficulties are dealt with before they even come into being, because of that standard being so well set before any consideration has been given to making a purchase of any edtech.

I look forward to other contributions from noble Lords and the Minister’s response. I beg to move.

[Baroness Kidron (CB)]

My Lords, in speaking to my Amendments 502K, 502YI and 502YH, I also register my support for Amendments 493 and 494 in the name of the noble Lord, Lord Holmes, and, more broadly, to associate myself with everything he has just said. Amendment 502YI calls for a code of practice for education data. I tabled a similar amendment to the Data (Use and Access) Bill earlier this year and was given an assurance from the Minister, the noble Lord, Lord Vallance, who gave me

“a firm commitment … that the Government will use powers under the Data Protection Act 2018 to require the ICO to publish a new code of practice addressing edtech issues”.—[Official Report, 28/1/25; col. 148.]

A letter I received from the department in anticipation of today’s debate suggested that the Government are “reviewing and considering”. I ask the Minister whether we are reviewing and considering the firm commitment that was made nine months ago.

We have been discussing data protection in schools since 2017 and we have had multiple promises from both department and regulator that have yet to bear fruit. Yet the Government are pressing ahead to introduce new data-hungry technology in our schools. The uses of pupils’ data are well evidenced and egregious. Some of it has ended up on adult sites and gambling sites, which is an abuse of children’s privacy.

Pupils are, first and foremost, children. They are not critical sources of data for commercial enterprise. It is beyond time to act. I ask the Minister to accept the amendment so that this Bill is the one that finally sets out the scope and timescale for a data regime that delivers children the protection they deserve when they are at school.

I turn to Amendment 502K. I wish to be very clear that I, too, welcome the potential of technology to contribute to learning and well-being at schools, but while the Secretary of State Bridget Phillipson has heralded a

“new technological era to modernise our education system”,

there is as yet no corresponding binding commitment to ensure that the technology being introduced at pace actually works. The Education Endowment Foundation has said that gains are often very small and has warned that edtech may be a “gap-widener” for socioeconomically disadvantaged students. A 2023 DfE survey found that fewer than half of teachers thought that technology improved pupil attainment, and UNESCO referred to the use of edtech as a “tragedy”, and the results from the huge global investment in edtech during the pandemic as “far from clear”.

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For all those reasons, I hope that noble Lords will feel able not to press their amendments.

[Lord Holmes of Richmond (Con)]

My Lords, I thank all those who participated in this important debate. Edtech has such profound possibilities for all learners, be they in school, home learning environments or any environment where education is taking place. In that, it is obviously crucial to be cognisant of the risks attendant.

As I said earlier, if we take a principles-based, outcomes-focused, inputs-understood approach and we human-lead on these technologies, we can feel confident that we are putting technologies in place in education that will enable and empower children and young people but also teachers and the whole school, home learning and education environments. This matter could barely be more up to the minute, with technologies already deployed widely across all learning environments. For this reason, and with the great good fortune of this Bill now being in your Lordships’ House, we will certainly return to these matters on Report. For now, I beg leave to withdraw the amendment.

Amendment 493 withdrawn.