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Children's Wellbeing and Schools Bill 2024-26
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Children's Wellbeing and Schools Bill 2024-26 (261)
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Lords report stage fifth day. Amendment 199 agreed to on division (295 to 180). Amendments 202 and 204 agreed to. (Part 1 of 2).

Lead member
Baroness Smith of Malvern; Baroness Blake of Leeds
Answering member
Earl of Effingham; Baroness Barran
Department
Department for Education
Type
Debates on bills
Notes
Scottish legislative consent granted, Welsh legislative consent sought.
Date
3 February 2026
Reference
852 cc1441-1497
House
House of Lords

Moved by

Baroness Barran

198: After Clause 56, insert the following new Clause—

“Reasonableness and safeguards in the exercise of local authority powers

(1) In exercising powers under sections 54 to 56, a local authority must act reasonably and proportionately, having regard to—

(a) the needs of the child,

(b) the needs of other pupils at...

Member
Baroness Barran (Conservative)
Type
Proceeding contributions
Date
3 February 2026
Reference
852 cc1441-2
House
House of Lords

My Lords, this group contains some important amendments, including my Amendments 198 and 199.

Amendment 198 deals with the duty to co-operate that all schools are required to respect, which I raised in Committee. I questioned whether there really was a problem that needed solving—namely, that academies were routinely refusing to...

Member
Baroness Barran (Conservative)
Type
Proceeding contributions
Date
3 February 2026
Reference
852 cc1442-4
House
House of Lords

My Lords, I will speak to Amendment 201 in my name, which deals with the issue of faith-based selection in school admissions. This 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...

Member
Baroness Burt of Solihull (Liberal Democrat)
Type
Proceeding contributions
Date
3 February 2026
Reference
852 cc1444-5
House
House of Lords

My Lords, I shall speak to Amendment 199, to which I have added my name. In this, I am channelling my inner Baroness Wolf of Dulwich—the noble Baroness sends her apologies that she cannot be in her place. This amendment attempts to rectify another example in the Bill in which...

Member
Lord Hampton (Crossbench; Liberal Democrat)
Type
Proceeding contributions
Date
3 February 2026
Reference
852 cc1445-6
House
House of Lords

My Lords, my Amendment 230 in this group is on off-rolling. Whatever the good points of academisation, there has been a strong suspicion—a fact, in some cases—that certain schools are off-rolling pupils who are seen to be a problem. The best of the academies are probably dealing with this. I...

Member
Lord Addington (Liberal Democrat)
Type
Proceeding contributions
Date
3 February 2026
Reference
852 c1446
House
House of Lords

My Lords, I will talk to Amendments 198 and 199, to which I have added my name. Inclusion is very important but, at the moment, some children—too many, frankly—who should not be in maintained education are being admitted to maintained schools because of their parents’ wishes. Those parents are making...

Member
Lord Nash (Conservative)
Type
Proceeding contributions
Date
3 February 2026
Reference
852 cc1446-7
House
House of Lords

My Lords, I will make a few comments on this group of amendments. On Amendment 230, in the name of the noble Lord, Lord Addington, I have great sympathy with what he says, and I hope that it may be an issue that the Minister will address when the SEND...

Member
Baroness Morris of Yardley (Labour)
Type
Proceeding contributions
Date
3 February 2026
Reference
852 cc1447-9
House
House of Lords

My Lords, it is a great pleasure to follow the noble Baroness, Lady Morris, and largely to agree, although I would go somewhat further and say that I think we have reached the situation of a market in schools in which very crude judgments are being applied by Ofsted, and...

Member
Baroness Bennett of Manor Castle (Green Party)
Type
Proceeding contributions
Date
3 February 2026
Reference
852 c1449
House
House of Lords

My Lords, I will speak to Amendment 198 and will touch on Amendment 230 from the noble Lord, Lord Addington. Listening to noble Lords around the House, I find it surprising that they consistently believe that inspection, for which I was responsible for seven years, does not place a heavy...

Member
Baroness Spielman (Conservative)
Type
Proceeding contributions
Date
3 February 2026
Reference
852 cc1449-1450
House
House of Lords

My Lords, I will speak on Amendments 198, 199 and 230. I will give some historical background. The word “education” is derived from two Latin root words. The first is “educare”, which means to impart knowledge. For too long, some schools have seen themselves as imparting knowledge. They have emphasised...

Member
Lord Sentamu (Crossbench)
Type
Proceeding contributions
Date
3 February 2026
Reference
852 cc1450-1
House
House of Lords

My Lords, I shall speak against Amendment 199, and I am following the very wise words of my noble friend Lady Morris in doing so. I just do not understand how this amendment would allow the management of school places and the good use of taxpayers’ money. Year 7 places...

Member
Baroness Bousted (Labour)
Type
Proceeding contributions
Date
3 February 2026
Reference
852 cc1451-2
House
House of Lords

Can the noble Baroness say at what point I said that there were schools which did not take children? I do not think I did.

Member
Baroness Spielman (Conservative)
Type
Proceeding contributions
Date
3 February 2026
Reference
852 c1452
House
House of Lords

If that was the case, let me apologise for saying that. They have got better at inclusion, and the noble Baroness is quite right to upbraid me on that.

However, it is really important that there is a power to direct schools to take pupils in order that they get an...

Member
Baroness Bousted (Labour)
Type
Proceeding contributions
Date
3 February 2026
Reference
852 c1452
House
House of Lords

My Lords, some of the points the noble Baroness, Lady Bousted, makes are important to consider. But let me remind the House that, over the years, Governments of various political persuasions have said how important it is that there is parental choice. They have encouraged parents to look at a...

Member
Lord Storey (Liberal Democrat)
Type
Proceeding contributions
Date
3 February 2026
Reference
852 cc1452-4
House
House of Lords

My Lords, I just want to respond briefly to a couple of the remarks that were made about the amendments in my name. In relation to Amendment 198, I thank my noble friend Lord Nash for adding his name but also for making the case that we need more special...

Member
Baroness Barran (Conservative)
Type
Proceeding contributions
Date
3 February 2026
Reference
852 c1454
House
House of Lords

With respect to the amendments in the first group, let me be completely clear that this Government are committed to ensuring that all children, especially the most vulnerable, can access a school place where they can achieve and thrive. The whole range of measures in the Bill reflects this objective.

Amendment...

Member
Baroness Smith of Malvern (Labour)
Type
Proceeding contributions
Date
3 February 2026
Reference
852 cc1454-7
House
House of Lords

I beg leave to withdraw Amendment 198 in my name.

Member
Baroness Barran (Conservative)
Type
Proceeding contributions
Date
3 February 2026
Reference
852 c1457
House
House of Lords

Moved by

Baroness Barran

199: Clause 57, page 122, line 21, at end insert—

“(5A) The adjudicator may not issue a direction under this section requiring the governing body of a maintained school or the proprietor of an Academy to reduce the school’s published admission number unless satisfied that—

(a) the direction is necessary...

Member
Baroness Barran (Conservative)
Type
Proceeding contributions
Date
3 February 2026
Reference
852 c1457
House
House of Lords

I appreciate the noble Baroness’s concession of updating the admissions code but, unfortunately, as quickly as it can be updated it can also be re-updated, so I would like to test the opinion of the House.

Member
Baroness Barran (Conservative)
Type
Proceeding contributions
Date
3 February 2026
Reference
852 c1457
House
House of Lords