Children’s Wellbeing and Schools Bill

Lord Watson of Invergowrie Excerpts

Tuesday 16th September 2025 Lords Chamber

I hope that the Minister will look kindly on this amendment. She may not like its wording, and I would be very pleased if the Government were to bring forward an even better framed and drafted amendment. I accept that my amendment’s drafting may not be perfect, but I think the Minister will get the thrust of what I am saying. I am sure she will agree that it is very unfortunate that rural schools have been impacted in this way, and the admissions policy for schools even more so.

[Lord Watson of Invergowrie (Lab)]

Amendment 456 in my name would require new state schools opened after this Bill enters the statute book to have a limit on faith-based selection for admissions of 50% when the school is oversubscribed. This has been a requirement since 2011, but, as it stands, the Bill would end that requirement. We often hear amendments being dismissed by Ministers who warn of unintended consequences, but this appears to be an example of a Bill itself in danger of causing unintended consequences.

The determination by a succession of Tory Governments, initially hand in hand with the Lib Dems, to undermine maintained schools while promoting academies and free schools vigorously has meant that, since 2011, all new schools had to be free schools. There was one benefit of that policy, because free schools are subject to the 50% faith-based cap on admissions as part of their funding agreement. Clause 57 would remove the presumption that all new schools should be free schools and would instead allow other types of schools to be opened. That includes voluntary aided or foundation schools, which can be 100% religiously selective. Those types of schools will be allowed to open for the first time since the cap was introduced 14 years ago.

Was that an unintended consequence? If it was initially, it seems that the Government were not greatly concerned by it. When the issue was debated in another place, an amendment similar to Amendment 456 was voted down by the Government in Committee, and the same thing happened on Report. I hope that my noble friend will be able to say that, on deeper reflection, that is a position that she does not want to defend.

I say that because a cap on faith-based admissions has been demonstrated to strengthen ethnic integration. Analysis of data on faith schools shows that religiously selective schools operating under the 50% cap were significantly more ethnically diverse than schools that were 100% religiously selective. We should bear in mind that, at a time when the far right is seeking to divide communities on grounds of ethnicity, it is surely inappropriate to allow schools to entrench differences. This is a time for the Government to be promoting social and ethnic integration, not facilitating a means by which children grow up potentially not knowing anyone of their own age who is different from themselves. I cannot believe that that is what the Government want to see happening.

Faith-selective schools remain less inclusive across multiple factors. Compared to other schools, faith-selective schools admit fewer children eligible for free school meals than would be expected for their catchment areas, and 100% faith-selective admissions would only exacerbate inequalities in the school system. Last year, the Office of the Schools Adjudicator said that disadvantaged children, including those in care, miss out on school places because of faith-based admissions. Studies by the Sutton Trust and the London School of Economics reached the same conclusions. We know that 100% faith-selective schools will open if the provisions of Clause 57 remain. The Catholic Church and the Church of England will certainly do so, and it may be that Jewish, Muslim and Sikh groups would wish to do the same. They already exist.

In Committee in another place, the then Schools Minister Catherine McKinnell MP said,

“on the faith schools cap provision, we want to allow proposals for different types of school that will promote a diverse school system that supports parental choice”.—[Official Report, Commons, 6/2/25; col. 454.]

Supporting parental choice is admirable, but allowing new 100% faith-selective schools to open would not expand parental choice. It would actually limit it for parents in an area who do not adhere to the faith of the new school or indeed any faith. According to the British Social Attitudes survey, 53% of people now have no religion. Thus, potentially more than half of all parents have fewer choices for state-funded schools than their religious counterparts, and 100% faith selection allows their children to be rejected from an oversubscribed school on their doorstep in favour of the child of a parent in a home possibly miles away whose choice—that is, the religious affiliation—is the factor that allows them to be selected for admission.

I suggest that that is neither right nor fair. Lifting the 50% cap on admissions would be a regressive move, and not one that I believe should be sanctioned by a Labour Government. I suggest that Amendment 456 offers a means of avoiding that.

[Baroness Burt of Solihull (LD)]

My Lords, I wish to speak to my own Amendment 457 and to Amendment 456 in the name of the noble Lord, Lord Watson of Invergowrie, both of which deal with the issue of faith- based selection in school admissions.

My Amendment 457 speaks to the missing data that the Schools Minister raised in Committee in the other place. The Department for Education currently does not collect data on how admissions policies are applied in schools, and therefore we do not know how many parents are missing out on their preferred school placements because of their religion or because they do not have a religion. Collecting data would shed light on what the impact of faith-selective admissions is for parents and pupils and whether such selection is contributing to or undermining parental choice.

Amendment 456 should, I hope, be uncontroversial. Since 2011, all new faith schools, as all new schools, had to be free schools, and have been subject in their funding agreements to a 50% cap on faith-based selection in admissions when oversubscribed. In this situation, Amendment 456 is a simple tidying-up exercise—that is how I read it anyway—extending a standing policy for free schools with a religious character to all new state-maintained schools with a religious character that could open under Clause 57.

The Government have not in any way suggested that they oppose the 50% cap in principle. Following a consultation on the cap that showed overwhelming support for it to continue, the Government have stated that they will maintain the cap for free schools with a religious character. If the Government are supportive of allowing new 100% faith-selective schools to open, I ask the Minister to state that clearly before the Committee.

I wish to be clear that neither of these amendments oppose the opening or continuing service of faith schools in this country, many of which provide exemplary education for their pupils. What the amendment seeks to do is ensure that faith schools cannot limit parental choice and pupil diversity by hand-selecting whom they wish to accept.

Using selection of faith leads to less inclusion. Church of England and minority religion schools, subject to a 50% cap, have higher ethnic diversity compared with those not subject to the cap. Faith schools compared with schools without a religious character in the same catchment area have been found to accept fewer children on free school meals, according to the Sutton Trust; fewer children in care, according to the Office of the Schools Adjudicator; and fewer children with additional learning needs, according to research from the London School of Economics. Amendment 456 and my Amendment 457 would promote fairness and parental choice in the schools admissions policy. I commend them both to the Committee.

--- Later in debate ---

Bizarrely enough, if you look at the cohort studies of people throughout their lives and ask what the best predictor is of someone having a worthwhile, highly satisfying life on their own terms and self-identifying as such, you see that it is their well-being as a child, not their income level or exam results. These things matter hugely. If we get this right, it will be the most important thing we have done in this Bill, but, at the moment, there is no measurement.

[Lord Watson of Invergowrie (Lab)]

My Lords, I shall speak to Amendment 479 in my name. Before doing so, I offer an apology to noble Lords, in particular the noble Lords, Lord Addington and Lord Holmes of Richmond. I added my name to their amendments in the previous group and fully intended to speak in support of them, but I got my timings rather wrong and did not arrive here until the first three speeches had been made. Because of that discourtesy, I felt it would have been inappropriate to contribute on that grouping.

Amendment 479 would not mean a material change for schools and colleges because it aims to make the existing guidance statutory, with programmes and support around that guidance already in place. Previous Governments have acknowledged concern at the worsening mental health among children and young people, with the most significant policies stemming from the 2018 Department for Education and Department of Health and Social Care joint Green Paper on children and young people’s mental health. That referenced the non-statutory guidance issued in 2015, Promoting Children and Young People’s Mental Health and Wellbeing: A Whole School or College Approach.

I welcome the fact that the Labour Government have continued with this commitment. The announcement from the Department for Education in May indicated that the rollout of the mental health support team programme will continue, with additional funding committed for this year and full rollout—aiming for 100% coverage of schools—expected by the end of the 2029-30 academic year. However, as the guidance is non-statutory, there is a current inequity of access to support for schools that would like more help with improving mental health and well-being in their setting. Most schools will have a trained senior mental health lead who understands whole-school approaches, but that person is often a current member of staff who may be juggling other roles, such as a pastoral lead, a SENCO or a safeguarding lead. Also, many schools may not have further access to a mental health support team until that programme reaches its conclusion by 2029-30.

Additionally, without statutory status, leaders and senior managers in schools may be tempted, understandably, to overlook this approach to improving a school’s ethos and environment when they are faced with a range of other issues, not least the challenges presented by attendance and behaviour. The Schools Wellbeing Partnership campaign group argues that, by improving the mental health and well-being of pupils, attendance and behaviour can be positively affected. This forms the foundation of support for all pupils, so that they can feel a true sense of belonging at a school and can thrive in that school’s environment. Whether or not the current guidance is made statutory, it certainly requires updating; incidentally, that last occurred in 2021.

With that in mind, I want to elaborate a little on the points listed in my amendment on whole-school approaches. There is an old saying: “You cannot improve what you cannot measure”. This relates to what the noble Lord, Lord O’Donnell, just said about evidence. Incidentally, I say to him in passing that I have bad news for him: he suggested that Manchester United are not as bad as seventh in the league table, but it is twice as bad as that, I am afraid. You have to measure before you can begin improvements. Identifying and measuring children and young people’s mental health and well-being will offer the necessary data, which schools can use to improve their environment, their teaching and their support.

I welcome Amendment 472, but a whole-school approach already has the tools to respond to that data. However, the current guidance needs to be strengthened to offer more robust information about schools. Updating the guidance and making it statutory would support schools in turning data into action plans and action plans into improvement, although that improvement will require further training for mental health leads. The training for staff taking on these roles ended in March this year. Perhaps my noble friend the Minister will be able to say if and when that essential training will resume.

Access to mental health support in schools was a manifesto commitment last year, and I commend the Government for wasting no time as that delivery has now begun. That is very welcome, of course, although there is concern that some mental health support teams are not able to provide the support that some specific cohorts of children require in some schools.

Finally, I want to touch on wider aspects of a whole- school approach. The Schools Wellbeing Partnership has long campaigned on this issue and recently published eight principles necessary for that approach to be fully effective. I will not list them just now due to the time, but I am very encouraged to note that all eight of those principles are contained in Ofsted’s proposed new inspection framework, so there is a very good chance that they will soon enter the mainstream. That would strengthen the effectiveness of the whole-school approaches necessary to ensure that children’s and young people’s mental health are taken seriously, and the necessary support is properly resourced. That support is too important to be left to optional guidance and simply must be made statutory to ensure those in need of it get the support that they deserve.

[Lord Moynihan (Con)]

I support the amendment from the noble Lord, Lord O’Donnell, to which I have attached my name. I have to say that after such a powerful speech—probably one of the best we have had in Committee—I was sort of waiting for the Minister to jump to her feet and say, “Look, I can bring this to an end and accept that amendment. It makes such consummate sense that we need to underpin with data all the ambitious goals we have for the well-being of children”.

What can we do without data? Introducing policies that we do not know are effective or ineffective costs too much; we need data. Nobody is arguing today that this data should be compulsory among all schools. This is voluntary, but I expect virtually every school I have ever visited in the state sector to want to do this, to be party to this, because there can be opportunities to benefit from this as well.

Some of us had the opportunity the other day to listen to the CEO of Lego, Niels Christiansen, who was giving a presentation here in Parliament. He was talking about the work he and his company were doing with young kids—five year-olds in Slough—to get fantastic benefits at an early stage in life by playing with Lego rather than playing online. If you had the data and the evidence that companies such as Lego were doing such good work, more schools would want to do that. Having that information available would be second to none.

I am confident that this evening the Minister is going to be wholly supportive of this amendment. I am not going to dwell on the points that have been made so far, but on the reasons why. How would the measurement we are talking about benefit the well-being of young people? It would promote children’s mental health, enhance learning outcomes, promote fairness, strengthen accountability and build a healthier and fitter society. It would have long-term social benefits. Schools play an absolutely central role in shaping future citizens, and this information would help us foster well-being, which improves social cohesion, productivity and public health. It would help us create a national policy to support the UK’s wider commitments to tackling not just mental health problems but physical health problems and challenges, and it would reduce pressure on the NHS.

This data would support teachers and staff. Well-being measurement data can highlight systemic issues such as high-stress levels and workload concerns that also affect staff and allow us to address them. It can lead to healthier, happier school communities, benefiting both students and educators. Staff can use insights from well-being data to tailor pastoral care and teaching more appropriately and more effectively to the problem.

We can have a cultural shift in education. The more we know what is going on in schools on this front, the more we can do to have a cultural shift. Embedding well-being measurement reinforces the message that mental health and physical health is an important issue and, in many ways for many children, just as important as academic achievement. It normalises conversations about well-being and reduces stigma around mental health issues. This shift helps prepare young people for life beyond school, fostering resilience and emotional literacy.

I can see that the Minister is just about to get to her feet to accept this amendment. But if, in the event, she is just going to pause to reflect because she wants to hear a little more about how this amendment is going to benefit her Bill, her reputation and her legacy in education, I will say this: regular well-being measurement can help schools identify mental and physical health and well-being challenges before they escalate into serious issues. Earlier detection enables timely support, reduces long-term risks such as school dropout, self-harm and disengagement, and preventive intervention is more cost-effective than crisis management in the health and social care systems.