Children’s Wellbeing and Schools Bill

Lord Nash Excerpts

Tuesday 16th September 2025 Lords Chamber

[Baroness Bousted (Lab)]

My Lords, I oppose Amendment 452, which has just been put forward by the noble Lord, Lord Agnew, which would limit local authorities’ interventions in admissions to situations where the admissions authority had failed to meet its admissions obligations or had behaved improperly.

Local authorities have a statutory responsibility under Section 14 of the Education Act 1996 to ensure that enough school places are available in their area for every child of compulsory school age. The provision in the Bill to create a duty on schools to co-operate with local authorities to enable them to carry out their place-planning duties as required by law and to co-operate on SEND inclusion and school admissions is entirely necessary and reasonable. It ends the nonsense of academies being allowed to set their own pupil numbers without regard to the number of pupils in the catchment area.

Multi-academy trusts are no longer outliers; they run over 46% of primary schools and 83% of secondary schools. The Government have a duty to ensure that local authorities, on which the legal requirement to provide school places falls, are able to do so. This must require local authorities and multi-academy trusts to work together to ensure that place planning is done effectively and cost-effectively. That is particularly important now, as we are experiencing a decline in the birth rate which is affecting primary places and will affect secondary places. The sustained rise we have seen in pupil numbers since the early 2010s has now been reversed. The number of pupils in England’s school system overall decreased in January, dropping by more than 59,000. Primary numbers have been falling for several years now, but secondary numbers are due to peak in 2027 before falling as the population bulge moves out of compulsory education.

These pupil demographics require co-ordinated place planning. We cannot have a situation where local authorities are legally responsible for providing places for pupils but have no powers to direct the majority of schools in their area, which are academies, to co-operate on place planning, admissions and exclusions. We cannot leave local authorities with the responsibility, but without the authority, to require co-operation on these legal duties.

[Lord Nash (Con)]

My Lords, it is a delight to follow the noble Baroness, Lady Bousted. She may be pleased to hear that I have advised my noble friend on the correct pronunciation of her name.

I did not hear very well when we were here last week, but the word “devil” was mentioned. Having checked Hansard, I see that the noble Baroness, Lady Bousted, seemed to think that when we had some dealings in the Department for Education, I thought she was doing the devil’s work in working for unions. I could not possibly think that—I always found her the most charming person to deal with—and, as opposed to the devil’s work, I commend the unions on doing what seems to me the Lord’s work in their campaign on smartphones. I look forward to talking to them about that. I welcome the noble Baroness back from her sojourn in the Arctic this summer, and I hope she is finding the atmosphere in the Labour Party at the moment somewhat less glacial than she found it there—although in the current circumstances, maybe not very much so.

I rise to support the amendments in the names of my noble friends Lady Barran and Lord Agnew. Life in the real world teaches one that the benefits of competition are that strong organisations survive and expand, and weak ones demise. While I accept that there may be remote communities where the availability of these schools is essential, as an overriding policy in schools, allowing competition has been proven to be a good thing. Take for instance the London Academy of Excellence in Stratford, which resulted in a rising tide lifting all boats. Apart from its own excellent performance, it has had a dramatic effect on the performance of the other sixth forms in the area. Good schools must be allowed to expand. To not allow this is to deprive children of their benefits, and they certainly should not be forced to shrink.

Turning to my noble friend Lord Agnew’s amendment, local authorities clearly have a conflict of interest under the proposed admission provisions. Surely there must be a right of appeal, as set out in his amendment. I also support my noble friend Lady Barran’s Amendment 502YC, as highly performing schools should be given the freedom her amendment asks for.

[Baroness Morris of Yardley (Lab)]

My Lords, I want to speak to the amendments in the name of the noble Lord, Lord Agnew, as the noble Lord, Lord Nash, has done. However, on managed moves, these are good things when done well, as they can prevent permanent exclusions. At their best they are in the best interests of the child.

I know Birmingham very well, and the size of Birmingham. Sometimes the managed moves are made on a consulting basis. I ask my noble friend Lady Longfield, who moved the amendment, to reflect that if you make that more bureaucratic in terms of the local authorities’ overall role, it will put too much of an administrative burden on what is working very well in some parts of the city. I am not saying that it is working well everywhere, but where it is working well on a consulting basis, it would be a shame to add layers of bureaucracy. However, on the whole, managed moves based on the framework she suggests are very good.

On admissions, my starting point is the same as that of the noble Lords, Lord Agnew and Lord Nash. Why would you want to prevent a good school expanding? Also, if something is good, why would you not want more children to go to it? That is at the centre of what this is about, because it is true. However, life is not as simple as that. It is not only the interests of the school and the children who might go to it that are affected by the amendments.

I was reflecting back on both noble Lords. One of the best things they did as Ministers was to recognise the early mistakes made by the coalition Government in having stand-alone academies and not encouraging schools to work together. The work they did on multi-academy trusts was a very good step forward from what we had at the start of the coalition Government. Inherent in that is the understanding that schools do not stand alone. At their best, they work with each other, help each other, depend on each other—and the key point is that they do no harm to each other. They do not make life more difficult for the school down the road.

This goes further than multi-academy trusts. Take geographical areas such as Birmingham, Camden or Coventry, which I know reasonably well. There is something about those places that every school in the area has in common. For example, it does not matter whether they are an academy, a maintained school, a faith school, a free school or an independent school—they teach the children of Birmingham. What they hold in common is that they teach the children who go to school in that area. They owe the same obligation to each other that I have just praised in multi-academy trusts—do no harm, support each other, help each other, and compete. You want to get to the top of the table, but not at the expense of the school down the road, because we want all schools to thrive. The problem with the amendments is admissions. If they were to follow these amendments, it would harm other schools serving the same group of children. That is a problem, and that is why I oppose these amendments.

If numbers are rising and there must be an expansion of places, then I take the point: why not expand the good schools? I have often thought that that is not as simple as it is claimed to be, because sometimes the success of the school is the size of the school. You cannot put in two, three, five or six more children—it does not work. You end up putting in 30 more children per school year. You raise it by one form of entry, and over seven years you have more than 200 pupils. The change in the size of the school sometimes makes it different in nature and different in culture. It might damage its academic performance and its pastoral work. Expanding good schools is not done at no cost at all. There is something to pay.

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[Baroness Evans of Bowes Park (Con)]

My Lords, I too speak in support of the free schools programme, Amendment 480 and the clause stand part notice in the name of my noble friend Lady Barran.

As we have just heard so powerfully, free schools have been a significant driver of education improvement in this country over the past decade and a half, and their impact has been felt most powerfully in the communities that needed the benefits they have brought the most. Today there are 741 free schools educating hundreds of thousands of children and their results speak for themselves. Of those free schools that have been inspected, 93% are rated good or outstanding by Ofsted. As my noble friend Lord Harris just said, this summer’s exam results have confirmed their impact. Free schools once again outperformed other non-selective state schools in both GCSEs and A-levels, helping to drive up standards, particularly in areas of high deprivation and traditionally poor educational achievement.

Some 31.3% of A-levels taken by pupils at free schools achieved grade A or A*, compared with 25.2% of pupils in all state-funded schools; 23.7% of GCSEs taken by pupils at free schools were graded 7 or above, compared with 20.6% studied by pupils in all state-funded schools; and provisional results for 2025 key stage 2 showed that 70% of pupils at free schools met the expected standard in reading, writing and maths, compared with 63% of pupils at all mainstream primary schools.

These are not isolated success stories. They are systemic proof that autonomy, innovation and freedom work. The success of free schools has been especially striking in disadvantaged communities. The New Schools Network report on the impact of free schools highlights that they have been disproportionately located in the most deprived parts of the country and played a key role in improving access to high-quality places where they are most needed. Many of the strongest performers, such as Reach Academy Feltham, Dixons Trinity Academy, Newham Collegiate Sixth Form and the Star Academies, all serve communities that have historically struggled with low attainment.

Giving school leaders the freedom to innovate, as we have heard, whether through a longer school day, a more stretching curriculum or developing closer links with businesses and universities, has a measurable impact on pupil outcomes, helping to close the disadvantage gap. Given this record, it is disappointing that the Government now seek, through Clause 57, to weaken the very mechanism that has allowed free schools to flourish by removing the requirement on local authorities to seek academy proposals first when a new school is needed. As Sir David Carter, a former National Schools Commissioner, observed:

“Free schools are an excellent way of filling gaps in provision that aren’t always obvious in Whitehall or in Local Authorities, and we should back school leaders and others to decide what their area needs”.


Finally, Amendment 480 tabled by my noble friend Lady Barran would require the Secretary of State to proceed with the opening of the 44 mainstream-approved free school projects that were paused in October 2024. As we have heard, many of these proposed new schools will offer incredible opportunities for the young people in the areas where they are due to be set up, from ensuring that every English region has a 16 to 19 university-backed maths school to proposals for new state sixth forms to support students from disadvantaged backgrounds through a collaboration between a leading private school and a multi-academy trust in Oldham, Middlesbrough and Dudley.

Since the pause, however, there has been a lack of information and progress. The 44 schools under review have not been publicly named and there has been a lack of transparency from the department about the review process being followed or indeed when it is due to conclude, with officials saying only that updates will be sent to trusts and local authorities in due course. Projects provided information to the department before Christmas but have heard little since. Can the Minister please update the House on when the review will conclude to provide certainty to these projects? She will know they will have put a huge amount of work and effort into submitting their applications but have been in limbo for almost a year.

Furthermore, at Education Oral Questions in the other place on 21 July in response to a question on capital resources to help expand Exeter Maths School, the former DfE Minister Stephen Morgan said that the department hopes

“to replicate the success of these settings across the country”.—[Official Report, Commons, 21/7/25; col. 534.]

There are two maths free schools in the pipeline—Nottingham and Durham—and a number of other 16 to 19 projects proposed for outside London by trusts with a track record of exceptional results. The Government have at their fingertips the means to replicate the previous success we have seen across the country, so why not approve the two maths free schools and all the 44 schools in the pipeline?

Free schools have delivered exceptional outcomes, expanded opportunity and brought high-quality education to communities that for too long were left behind. Clause 57 risks turning back the clock while Amendment 480 would give certainty to 44 much-needed projects and ensure that the next generation of free schools can continue this record of success. I hope the Minister will reflect on the positive contribution the free school programme has made and is making to hundreds of thousands of pupils’ lives and ensure it is able to continue to grow to further improve our education system, particularly in areas that need it the most.

[Lord Nash (Con)]

My Lords, it is a great honour to speak after the last two speakers and I will speak in support of the amendments in the names of my noble friends Lady Barran and Lord Agnew. The speech from the noble Lord, Lord Harris, and the passion with which he spoke were a tribute to him and his team, who have done a most remarkable job. It is also a tribute to the previous Labour Government, who had the foresight to bring in people such as him to help turn around failing schools. That is why it is such a shame, as I have said before, to see this Labour Government appearing to row back on many of those proposals; I hope that is not really the case.

I will not begin to try to compete with my noble friend Lady Evans, who so ably ran the free schools programme and understands so much more about it than I do. My own experience of free schools is limited to my group opening one primary school in the grounds of Pimlico Academy because we believe strongly in an all-through education, a broad education and a subject-specific education even for primary school pupils where that can be delivered efficiently. We teach Latin in our primary schools, a subject which some believe is too exclusive for children in state schools.

The noble Baroness will be aware that my group, Future Academies, was appointed by the previous Government to run the Latin excellence programme, a £4 million contract to bring Latin to 40 state schools across the country which were not previously teaching it, something we were doing. Sadly, this Government binned that programme, which was a great pity, because the students love Latin; it helps them greatly with their grammar, their vocabulary and their thinking skills. I offer just one statistic. Noble Lords may be interested to know that this summer 48% of pupils at Pimlico Academy who took Latin GCSE, a subject which is thought to be very difficult, got a grade 9.

I understand that there are over 50 special and AP free schools in pre-opening, or which were approved prior to October last year. We desperately need more special schools and AP schools in this country. I ask the Minister kindly to tell me how many of those are now planned to open and how many are not. If she cannot do that today, and I understand why she may not be able to do so, perhaps she would write to me with the answer.

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[Baroness Whitaker (Lab)]

My Lords, I support Amendment 501 by the noble Lord, Lord Storey, and will speak to Amendment 464 in my name and those of the right reverend Prelate the Bishop of Lincoln, the noble Lord, Lord Bourne of Aberystwyth, and the noble Baroness, Lady Bakewell of Hardington Mandeville, for all of whose support I am most grateful. The amendment implements and supplements an excellent recommendation of the Stephen Lawrence inquiry. It is difficult to understand why it has been left on the table when racism has been acknowledged as a problem in schools for so long.

Gypsy, Traveller and Roma parents have reported racist incidents as a reason for opting for home education for as long as I have been concerned about these communities. One of the problems in their case is that, because the children are usually white, they are often not recognised as members of a legally defined minority ethnic group. But they are ill-treated, ostracised and bullied for that membership just the same. Now, we also have seen religious prejudice, incidents and taunts demoralising children and undermining their motivation. This totally belies the right to freedom of religion and belief. It really is time to put this right and record and report such incidents. They should have no place in the conduct of the school day. Unless the data is captured, the position will not be understood and improved. This is an amendment, surely, whose time has definitely come.

[Lord Nash (Con)]

My Lords, I speak to Amendment 502YF in my name and those of my noble friends Lady Barran and Lord Bailey, to require an assessment under the Children Act when a child is permanently excluded. The reason for this amendment is that, in my experience, when a pupil is permanently excluded without an adequate handover or adequate liaison between the school and the local authority, there is a risk that the pupil disappears into a black hole. I have sat on, thankfully, few PEx panels—we really do not like excluding pupils in my trust. I have always hated having to exclude a pupil, not just in its own right but because they just disappear from view.

In my view, schools should continue to have some involvement, if not responsibility, for PEx students to ensure that they receive adequate provision. As things stand, they have no say in where children go when PExed, often because the local authority has an arrangement or a contract with one or two AP providers such that there are no other options—and, of course, in some areas, the AP providers have no capacity. As I have said, that is why we desperately need more such provision. I would like to see schools with greater involvement in this. I understand that, in Milton Keynes, there is a model where about a dozen secondary schools—11, I think—co-operate well with the local authority on this. That could perhaps be a model for the future.

I also support the amendments in the name of my noble friend Lady Barran in this group. Poor behaviour by a few students has a dramatic effect on the effectiveness of a school. Teachers spend a disproportionate amount of time dealing with a few pupils who exhibit very poor behaviour, and they are increasingly acting as social workers. We must protect the other pupils in the school, and we must support our teachers. There comes a time when the disruption this causes to other pupils and to teachers means it is necessary to exclude certain pupils.

[The Lord Bishop of Chelmsford]

My Lords, I speak in support of Amendment 464 knowing that, had my right reverend friend the Bishop of Lincoln been in his place, he would very much have wanted to contribute to the debate. If passed, this amendment would introduce a duty on schools to record and report any incidents of racism or faith-based bullying on school premises. It would also help diocesan boards of education in collating and monitoring such cases and better assisting those church schools which might benefit from support.

In preparing for this speech, I spoke to our own director of education in Chelmsford diocese, whose team oversees 139 church schools. She told me that this proposed amendment had the potential to help the board of education strengthen anti-bullying and inclusive practices in partnership with schools.

Every child deserves to feel safe at school, yet we know that racist and faith-based bullying is a significant driver behind school exclusions. A report published last year by The Difference and the IPPR revealed that black Caribbean children are 1.5 times more likely to find themselves permanently excluded from schools than the national population. Irish Traveller children are three times more likely, and Romani, or Gypsy, and Roma children are four times more likely.

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[Baroness Barran (Con)]

My Lords, I thank the Minister. I felt much happier listening to that reply than to her earlier one. As the noble Lord, Lord Hampton, said, it is important that head teachers know the Government have got their back in terms of managing very difficult situations with such dedication day in, day out. The Minister’s comments about the importance of safe, calm classrooms, her focus on the guidance that already exists in relation to suspensions and exclusions and her reassurance about the discretion that head teachers have on behaviour and permanent exclusions when they are necessary—and that the Government protect the rights of head teachers to do that—are important for them to hear, and I am grateful to her for making that very clear.

I am sure everyone in this Committee would echo her sentiment about early intervention strategies. That was picked up by my noble friend Lady Spielman. I warmed very much to the contrast she drew between the current focus on following process versus the opportunity to think about a plan for the future for each child who sadly finds himself in that position.

On Amendment 502YF in my name and that of my noble friend Lord Nash, I think I heard the Minister say that those children already qualify under Section 17 as children in need, and I agree with her. I wonder whether it would be helpful if, where that is not happening in practice, we bring those examples to the department for it to consider because clearly that is both the letter and the spirit of the law, and we all want to see that happening in practice.

I will skate over my minor fallout with my noble friend, as I hope I can call him, Lord Hampton. Things have been going so well and to fall over at 7 pm on Day 11 seems unfortunate, but there we go. I hope we can recover before Day 12 is out.

Briefly on the amendments regarding bullying in schools raised quite rightly by the noble Lords, Lord Carlile and Lord Storey, I very much share their concern about the impact of bullying, but I argue that this is all about having a strong school culture where bullying and other forms of poor behaviour are not accepted. I worry that if you make an individual person responsible for it, rather than it being something that every member of staff upholds, that might not work as effectively as noble Lords would wish.

On information and data on bullying, I was relieved to hear that the behaviour survey will continue to be published. I am hoping that means it will have the same questions as in previous years, to allow for comparability. The noble Baroness might want to put that as a “PS” on one of the many letters she is going to write to me. The survey gives detailed information, and we also know from the response of the charity Parentkind that, in parental complaints, bullying peer behaviour, safety, safeguarding, behaviour and discipline —it is all very overlapping—are the top areas.

I hope the noble Baroness, Lady Grey-Thompson, is happy with and reassured by the Minister’s comments on seclusion rooms. Of course, we are able to offer the Minister the simplest way to reduce bullying in schools, which is for the Government to accept our ban on smartphones in schools. I say this with a smile, but in all seriousness, we know that this is the source of much bullying nowadays and it continues not just in school but out of school. [Interruption.] I am not sure what the noble Baroness is muttering, but if the Government do not want to listen to me then maybe they will listen to Esther Ghey, the mother of Brianna Ghey, who has recently bravely launched a campaign against smartphones in schools, highlighting the terrible bullying and impact they had on Brianna. With that I beg leave to withdraw the amendment.

[Lord Nash (Con)]

May I just refer to my Amendment 502YF? I heard what the Minister said about the general duty under the Children Act, but I am still concerned about the black hole I spoke about. This is all part of improving the liaising between schools and local authorities on how we provide for these children. I will reflect on that, but I am still concerned. As far as my noble friend’s point about smartphones in schools and bullying goes, of course, bullying does happen outside school, when they still have those smartphones. It happens on social media, and that is why I am pleased to see the National Education Union and others pushing for increasing the age restriction in respect of social media to 16. As I say, I commend them in that endeavour.

Amendment 459 withdrawn.