Children’s Wellbeing and Schools Bill

Lord Young of Cookham Excerpts

Thursday 3rd July 2025 Lords Chamber

[Lord Lucas (Con)]

My Lords, my Amendments 208, 216, 217, 220 and 225 seem eminently appropriate for discussing between today and September. Amendment 222 again raises the need for a tribunal to deal with tricky cases. We need something effective, we need something fair and open, and that is what tribunals are. I beg to move.

[Lord Young of Cookham (Con)]

My Lords, I will speak to Amendment 209 in my name and those of the noble Lords, Lord Russell, Lord Storey and Lord Watson.

Amendment 209 would require local authorities to ensure that they have offered a young carer’s needs assessment if they are notified of a pupil who is a young carer being withdrawn from school. This is to ensure that withdrawing a young carer from school does not result in increases in their caring responsibilities to the extent that it prejudices their education.

I am vice-chair of the All-Party Parliamentary Group on Young Carers, an active APPG producing reports on the challenges facing young carers and enabling parliamentarians to meet young carers, virtually and physically, to hear at first hand the challenges that confront them. A recent report told us of the difficulties that they face when their responsibilities as carers are not recognised by school and others, and that too many young carers cannot thereby access the support they need.

By way of background to this amendment, there are more than 15,000 children caring for parents or siblings for more than 50 hours a week. That is more than the average working week—and of course, they have to squeeze in their education on top of that. One issue that young carer services have shared with the APPG is that there are cases where a young carer is caring for a parent—for example, with a severe mental illness—and is withdrawn from school. Not being in school then results in greater responsibilities falling on those young shoulders, and in even more isolation from the support that a school can give them.

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[Baroness Smith of Malvern (Lab)]

My Lords, I shall speak to the amendments in group 5. These amendments mainly concern the requirement to seek consent should a parent wish to withdraw their child from school in particular circumstances. Just to reiterate, we recognise that most home-educating families provide safe and suitable education in the best interests of their children. The consent measure applies only to specific groups of children—where there are child protection concerns or the child has a special school placement. We are confident that this is a proportionate response to help to ensure that these children’s needs are met and are protected.

With respect to the detail in the amendments, I turn first to Amendment 208, tabled by the noble Lord, Lord Lucas, which would remove the requirement for a school to notify the local authority responsible for the child if that is different from the local authority where the school is located when a parent intends to withdraw the child to home educate. To be clear, schools will hold the child’s address; therefore, they will know which local authorities to notify. Working Together to Safeguard Children, the statutory safeguarding guidance, is clear that schools should be included in child protection activity and planning, and therefore should also be aware of which local authorities should be contacted. It is crucial that schools retain the responsibility to verify whether consent is needed for home education. Without this, children in scope of the consent process could be mistakenly removed from school rolls without permission, or the consent decision could be delayed.

Turning to Amendment 209, tabled by the noble Lord, Lord Young, which has rightly received the most attention in this group of amendments and would require a carer’s needs assessment before the child is withdrawn from school, I commend the noble Lord on championing the needs of young carers. To be clear, I certainly do not demur from his overarching argument—and that of other noble Lords, such as my noble friend Lord Watson—that young carers are in need of specific attention, care and consideration from local authorities because of the enormously difficult position they find themselves in.

The local authority will have ample opportunity to fully consider the child’s circumstances as part of the consent decision-making process. In fact, that is the whole point of having that process. Of course, under Section 436C(2), which we touched on in, I think, the group before last, local authorities will also be able—be expected, in fact, I would suggest—in the case where a child is a young carer and is being educated at home, to record and keep relevant information about that child. If they were being home educated, the fact that they were a carer would be an important part of the information that a local authority should record about them, precisely in order to make sure that they are getting the support that they need.

The Children Act 1989 already provides robust safeguarding measures for young carers, who may be recognised as children in need, ensuring that their support needs are assessed by their local authority. Of course, we will ensure that our reforms to both education and children’s social care work for all disadvantaged children and young people, including young carers.

I think it was interesting that some people, in responding to this amendment, were arguing that being a young carer should not be a reason why a child could not be home educated, and others were arguing that it would be better for that child to remain in school, with support, and be able to learn without the relentless role, as I am sure it is, of being a carer. I think this suggests that there are probably differing circumstances for young carers, and it reinforces the general point that local authorities should take seriously their responsibilities to fully consider the needs of young carers and to ensure that their support needs are being assessed.

Turning to Amendments 216 and 217—

[Lord Young of Cookham (Con)]

Before the noble Baroness leaves Amendment 209, will she say something, or perhaps write to me, about the delay in getting a needs assessment for young carers?

[Baroness Smith of Malvern (Lab)]

Sorry, yes, I remember that the noble Lord asked about that. I will write to him on the broader issue of the speed with which young carers are getting their assessments. I will follow that up separately.

Amendments 216 and 217, tabled by the noble Lord, Lord Lucas, seek to remove or amend the requirement for local authorities to notify any other parent of the child of their home education consent decision. In law, all parents have responsibility for their child’s education, and it is therefore necessary that all parents are notified, unless there are exceptional circumstances. Amendment 216 would remove this. Including exceptional circumstances provides safeguards where a parent does not have to be notified: for example, in cases of domestic abuse. Of course, children must be protected from domestic abuse. Amendment 217, however, states that

“exceptional circumstances will always apply where domestic abuse is alleged or established”.

We are concerned that this could have unintended consequences, including a parent making an accusation of domestic abuse to prevent the other being informed of the consent decision. Again, sadly, local authorities are quite used to the way they need to behave and the care they need to take in circumstances of allegations of domestic abuse. However, we will provide further detail regarding what “exceptional circumstances” means in this context in statutory guidance. As I have said previously, we will engage with stakeholders when updating that guidance.

I turn to Amendments 218 and 381 tabled by the noble Lord, Lord Wei. Amendment 218 would require local authority staff to have at least two years of personal home education experience of their own children before making consent decisions. Amendment 381 would require at least one person with direct home education experience on safeguarding panels for decisions related to home-educated children. I think it is possible to be an experienced practitioner without specific lived experience; however, that can make a good, important and interesting contribution. I am not sure that the noble Lord’s experience about men not being able to work with women giving birth would be recognised by the large number of male obstetricians operating around the country, but that just proves that, while lived experience and, most certainly—