Children’s Wellbeing and Schools Bill

Lord Wei Excerpts

Thursday 3rd July 2025 Lords Chamber

[Baroness Humphreys (LD)]

My Lords, I will speak to the question that Clause 31 stand part of the Bill. I apologise to the Committee for not having taken part in Second Reading.

I also thank the Minister for her very clear statement at the start of this debate. I want to make a relatively short contribution to highlight one of the issues the Welsh Government wish to take forward in this Bill, and to acknowledge the constructive collaboration of the two Governments and their officers on this and other issues raised in the Bill. In particular, I want to make a few comments on children not in school registers. Liberal Democrats have long called for such a register, including in our recent manifesto. Here I pay tribute to my noble friend Lord Storey, who initiated this work in his Private Member’s Bill on the subject.

We agree with the NSPCC and the Children’s Commissioner that the register can be an important tool in keeping children safe. We understand the legal responsibilities parents have to ensure that their children receive an education. As liberals we believe that parents have a right to choose home education where they feel this is the right choice for their child. However, we are very concerned that the whereabouts of hundreds of children in England and Wales are simply unknown.

Education is devolved to Wales, and the Welsh Government already operate a register on their children missing education database. However, the Welsh Education Secretary states in the legislative consent memorandum to this Bill that

“the children not in school provisions proposed in this Bill would enhance the”

children missing school

“policy (from a safeguarding perspective) with the CNIS register, school attendance order (SAO), strengthened suitability assessment and child protection clauses applying alongside the CME database arrangements”.

I am pleased that the Welsh Government have recognised that the provisions in this Bill as introduced would have resulted in local authorities in England having greater levels of contact with elective home-educated children than local authorities in Wales. If the provisions were not extended to Wales, as proposed by the tabled amendments, duties on families in Wales would be considered less stringent than those in England. I welcome the Welsh Government’s pragmatic approach, which should produce a seamless system between the two nations.

The action of the Welsh Government in taking this opportunity to enhance child protection measures is also commended by the Children’s Commissioner for Wales, who recognises the importance of addressing the gaps in provision to ensure that children not in school have all their rights fulfilled. It is to these rights that I would like briefly to turn. When we talk about a children not in school register, we tend to have discussions, as we have had today, about the rights and responsibilities of parents. But in her letter to the Senedd’s Education Committee chair supporting the LCM, the Children’s Commissioner for Wales highlighted the three tests her office has published in relation to children’s rights on home education. They are:

“First, that all children in Wales can be accounted for and that none are invisible. Second, that every child receives a suitable education and their other human rights, including health, care and safety. And third, that every child is seen and their views and experiences are listened to. This is essential for the first two tests to be met”.


These three tests help us to focus our attention away, slightly, from the needs and rights of parents, and to consider the needs and rights of children.

The Children’s Commissioner for Wales points out that the Welsh Government make no reference to children’s rights in their LCM and is surprised that no children’s rights impact assessment has been produced with the proposals. She said that such an impact assessment would help ensure that the Welsh Government fulfil their own duties to consider children’s rights, provide valuable transparency for key stakeholders, and assist in identifying and mitigating any unintended consequences.

I am sure that the Welsh Government will rise to the challenge and produce a children’s rights impact assessment to ensure the rights of the children of Wales, but can the Minister say whether the rights of children in England will be similarly addressed? It seems that the Bill, and Clause 31 in particular, goes a long way to ensuring that the rights of children are met in both England and Wales, but the Government need to make it clear that that is their intention.

[Lord Wei (Con)]

My Lords, I declare an interest as a parent of home-educated children. I take this opportunity to echo the earlier tributes to the many home-educating families who have worked so hard over such a long period to raise their children well, which, as another Peer mentioned, the data shows. I also thank the Minister for her offer to meet Peers, including the noble Lord, Lord Lucas. I am around in August and, if officials can meet us to discuss our concerns, I would like to join some of those discussions.

I support Amendments 202C, 227, 227A and 286, which collectively interrogate what I believe is a sweeping new framework that Clauses 31 and 34 impose. These clauses lie at the heart of the Bill’s proposals to establish this compulsory register of children not in school, and to empower local authorities to demand detailed information from parents about how and why they are educating their children outside the mainstream system.

Let us be clear: I fully accept there are very few tragic cases where parents, intent on harming or neglecting their children, have cited home education as a smokescreen. However, in pretty much every instance, the abuse was already present when the child was still enrolled in school—or, indeed, in state-run care, as has just been mentioned. To take these horrors and use them to justify a regime that treats all parents who choose to home educate as presumptively suspect is not only disproportionate but profoundly unjust. It risks creating a system that soaks up scarce safeguarding resources chasing bureaucratic compliance by good families, while truly at-risk children continue to slip through the net precisely because professionals are mired in routine paperwork.

Clause 31 in particular gives local authorities extraordinary powers. It requires the registration of any child not attending school full-time, regardless of whether there is any reason to suspect unsuitable education or harm. The data that can be demanded under this clause is extensive, including personal details, philosophical convictions, protected characteristics, information on supplementary educational providers and more, which will be held indefinitely and cross-referenced with other local records. As I mentioned at Second Reading, I totally oppose this register on principle.

Here we can see exactly the concern raised by Reclaim Rights for Children and other expert bodies, including many academics, that the proposed children not in school register requires information far beyond what is necessary. Even the Department for Education itself has conceded that simply having a child’s name, date of birth, home address and the names and home addresses of each parent should be sufficient to support the existing duties of a local authority to try to identify those children not in school and ensure they are receiving efficient, suitable education. Yet the Bill goes on to say that there may be other data that it would be helpful to capture. That is not how lawful data processing works. Under well-established principles of minimisation, personal data processing must be limited strictly to what is necessary and not exceed the purpose for which it was collected. You do not gather more than you need simply because it might be helpful.

Clause 34 compounds these concerns. It not only record facts but makes local authorities active interrogators of family choices without clear statutory boundaries. There is no real limit on what might be demanded under the vague heading of sufficient information. This invites mission creep, allowing data collected ostensibly for educational oversight to be repurposed for broader monitoring. It risks empowering officers who may be ideologically suspicious of home education to harass families, treating any non-co-operation as evidence of neglect and flipping the burden of proof entirely.

That is why I strongly support Amendment 286 in the name of the noble Lord, Lord Lucas, which probes how these sweeping new powers would intersect with children who have special education needs. Children with education, health and care plans or who receive Section 19 or Section 61 provision are already under a robust statutory framework. Pulling them into an additional generalist register not only duplicates bureaucracy, which does not sound very efficient to me, but risks destabilising finely balanced arrangements, often secured only after long struggle and hard evidence of need. The local authority already knows exactly what education these children are receiving; they do not need another compliance net.

--- Later in debate ---

[Lord Wei (Con)]

Perhaps I might build on that point. There seems to be a lot of conflation in this debate between home education and children who are missing education or invisible. It seems that all these measures are designed to try to find these invisible children. Is there not a risk, as I think the noble Lord is touching on, that we may bring in a system that does not actually find the missing children? The people who are very determined to abuse their children, or to hide them in very fundamentalist environments, are the very people who would not register their children even if we had a database. In which case, we would be going after all the people who are doing a good job in the noble Lord’s first few categories. Will the parents we actually want to get—the 39,000 or 300,000 or however many—really self-disclose? There is a real risk that we might not know this until we have imposed a huge amount of bureaucracy on all the parents who are doing a great job.

[Lord Storey (LD)]

I thank the noble Lord for his question. The answer is that, at the moment, we are not doing anything, which is why the children are going missing and why we do not know where they are. We therefore need to do something to ensure that those children have the opportunity of education and are safe.

--- Later in debate ---

On the point, however, about Clause 30 and the need for consent, I am not sure whether the noble Lord, Lord Frost, meant this, but he gave the impression that every parent needs consent to home-school their child. That is not the case. The consent provisions in this legislation relate to specific children who are particularly vulnerable or are likely to have specific needs. These provisions in Clause 30 relating to consent do not prohibit flexi-schooling arrangements. However, schools should agree in those circumstances to a flexi-schooling arrangement only where the child’s parents need consent to withdraw them from school, in particularly exceptional circumstances. We will—

[Lord Wei (Con)]

I am sorry to interrupt the Minister, but is it not the case that if a determined local authority objects to home-schooling, they could start a process of investigating a family under these powers and therefore, technically, the family would be under investigation and could be refused—and all parents could theoretically be prevented from doing so?

[Baroness Smith of Malvern (Lab)]

No, and we will come to that in detail. The Section 47 provision, the child protection inquiries, would require evidence of significant harm to the child. It is not the case, as we have identified, that many parents who are home-educating would get anywhere near that sort of threshold. Nor would local authorities have any incentive to do that.

These provisions do not prohibit flexi-schooling arrangements. However, schools should agree to a flexi-schooling arrangement only in exceptional circumstances. We will update guidance to make this clear. In later groups we will be talking in more detail about the provisions around the consent process.

I turn to Amendment 286 tabled by the noble Lord, Lord Lucas. This is a probing amendment which would remove an exemption on the parental duty to provide information for registers. To be clear, the proposed exemption relates to children whose education is provided under alternative provision arrangements when special educational provision other than in schools is in place or where arrangements have been made by the proprietor of the school that the child is attending. These children may be in scope of the children not in school registers, but the local authority will already hold this information, so there is no need for a duty to provide information that rests with the parents in those cases.

Amendment 233A, tabled by my noble friend Lord Hacking, aims to push on what mandatory information local authority registers should contain. The only information required to be held on registers is that which is easily available to parents or obtainable by local authorities, and that is important for ascertaining the suitability of education and the safety of the child—such as the child’s name, their date of birth, address and details of education provided by the parent and others. We will talk on later groups about the way in which that information should be provided and the ease with which I hope it can be provided.

I turn now to Amendment 279, tabled by the noble Lord, Lord Nash, who made a strong case for the provisions in this legislation. His amendment aims to give local authorities the right to inspect the educational materials used by home educators and to view work that that child produces. Local authorities must consider a range of factors when assessing the suitability of a child’s education. One example of how they may conduct their inquiries into suitability is to request evidence of work samples. This position was confirmed in the Portsmouth judicial review case in 2021. If the local authority is not satisfied that the education is suitable based on the information received, it must usually serve a school attendance order, which requires the child to be enrolled at a school.

I turn to the Clause 31 stand part notice tabled by the noble Lord, Lord Lucas. I hope the noble Lord was satisfied by my first speech on this group but, to summarise succinctly, we need an effective registration system so that local authorities can identify all children not in school and ensure that they are receiving suitable education and are safe. This is what Clause 31 will achieve.

The stand part notice tabled by the noble Baroness, Lady Jones of Moulsecoomb, seeks to remove Clause 34 from the Bill. Clause 34 allows for statutory guidance to be provided to local authorities on how they should carry out their new duties in relation to the school attendance order process and children not in school registers. This guidance will provide local authorities with advice on how to exercise their new powers and responsibilities proportionately and consistently. For example, we would expect it to include further advice on how local authorities should request and conduct home visits.

As part of the implementation of the Bill, we will consult on the guidance to ensure that we hear from stakeholders that the measures will have an impact. It is necessary that the guidance is statutory to help ensure compliance with the advice within it. There will be considerable opportunity for further engagement on the details of that; the House will have the opportunity to consider it, because it will be subject to the affirmative resolution process.

The noble Baroness, Lady Fox, made points on why all children need to be included on registers. To reiterate, we agree that home education is not in itself a safeguarding risk, but it can mean that children slip under the radar of the services that are there to protect them. Our consent measures are a proportionate solution which, as I have said, focuses on the small but important group of children for whom there are concerns about actual or likely significant harm. We will further discuss these issues later. The registers are about helping local authorities to discharge their existing duties to ensure that children are receiving a safe and suitable education.

Finally, with respect to the points made by the noble Baroness, Lady Humphreys, about the child rights impact and the relationship with Wales, there is, to be clear, a child rights impact assessment produced by the Government for this piece of legislation, but Wales wanted to produce its own. That is the reason for the situation that the noble Baroness outlined.

For the reasons that I have outlined, and given the extensive discussions we have had as a forerunner for the further discussions that we will have, I hope that noble Lords will feel able not to press their amendments or stand part notices.