Children’s Wellbeing and Schools Bill

Public Bill Committee, 6 February 2025.

(Morning)

Clause 48 - Power to direct admission: extension to Academies

Neil O'Brien (Conservative, Harborough, Oadby and Wigston)

I beg to move amendment 90, in clause 48, page 108, line 24, at end insert—

“(3) Within six months of the passing of this Act, the Secretary of State must issue statutory guidance on the decision-making process that must be followed when directions are given under section 96 of the School Standards and Framework Act 1998.

(4) Guidance issued under subsection (3) must include details of—

(a) how actual or potential conflicts of interest arising from the role of local authorities in directing admissions to schools they maintain and those they do not are to be identified and managed; and

(b) how the best interests of children and young people are to be prioritised in all decision-making.”

Edward Leigh (Conservative, Gainsborough)

With this it will be convenient to discuss the following:

Clause stand part.

Clause 49 stand part.

Neil O'Brien (Conservative, Harborough, Oadby and Wigston)

We heard some concern about clauses 48 and 49 in our evidence sessions. One of the issues is the potential conflict of interest between the local authority being both the regulator of the local system and, at the same time, a provider of some of the schools but not others. Sir Dan Moynihan said,

“there is potentially a conflict of interest if local authorities are opening their own schools and there are very hard-to-place kids. There is a conflict of interest in where they are allocating those children, so there needs to be a clear right of appeal in order to ensure that that conflict can be exposed if necessary…Some of the schools we have taken on have failed because they have admitted large numbers of hard-to-place children…I think there are schools that get into difficulty and fail because there is perceived local hierarchy of schools, and those are the schools that get those children. That is why there needs to be a clear right of appeal to prevent that from happening.”––[Official Report, Children's Wellbeing and Schools Public Bill Committee, 21 January 2025; c. 73, Q158.]

Luke Sparkes from Dixons also made roughly the same point.

Amendment 90 would require the Secretary of State to set out statutory guidance on

“how actual or potential conflicts of interest arising from the role of local authorities in directing admissions to schools they maintain and those they do not are to be identified and managed; and… how the best interests of children and young people are to be prioritised in all decision-making.”

New clause 45 would write into the legislation:

“A direction under this section may not take into account whether a school is a maintained school or an academy.”

Neither measure would fundamentally change the clause, but they require a solution to address that potential conflict of interest and ensure that things are fair, and are seen to be fair.

Catherine McKinnell (Labour, Newcastle upon Tyne North)

I rise to speak to amendment 90 and clauses 48 and 49. The clauses aim to strengthen local authorities’ existing powers to direct a school to admit a child and provide a more robust safety net for vulnerable children by ensuring that school places can be secured for them more quickly and efficiently when the usual admissions processes fall short.

Amendment 90 seeks to require the Secretary of State to publish statutory guidance as to how local authorities may exercise their direction powers impartially and in the best interests of children and young people. I note the concerns of the hon. Members that this new power may give rise to conflicts of interests in local authorities’ dealings with the schools that they maintain and those that they do not. I also agree that it is important that local authorities exercise their direction powers appropriately and in the best interests of children and young people.

I reassure hon. Members that legislation, as well as the school admissions code, already sets out mandatory requirements as to how local authorities may exercise their direction powers. They are intended for use only as a last resort and may only be used where admissions cannot be secured through the usual processes. To ensure that decisions are made in the best interests of a child, section 96 of the School Standards and Framework Act 1998 already requires local authorities to ensure that they choose a school that is within a reasonable distance of a child’s home and provides education suitable to their age, ability, aptitude and any specific educational needs that the child may have.

Furthermore, in considering which school to place the child, there are several other factors that local authorities are already required to take into consideration. For example, local authorities are unable to direct a school from which the child has been permanently excluded, or if it would mean that the school would have to take measures to avoid breaking the rules on infant class sizes. Furthermore, they are unable to direct a school’s sixth form if the child does not meet the relevant entry requirements.

In relation to a looked-after child, local authorities cannot direct a school where the child has been permanently excluded from that school previously or where the schools adjudicator deems the admission of the child would result in serious prejudice following an appeal by the school against the direction.

Furthermore, section 97 of the School Standards and Framework Act 1998 sets out further processes that a local authority must adhere to when considering exercising its direction powers. These include various requirements on consultation, including requiring the local authority to consult with the governing body of the school, the parent of the child and the child themselves, if they are over compulsory school age, before seeking to direct a school. Governing bodies are also provided the opportunity to appeal against any decision by the local authority to direct a child into their school.

Clause 48 enables the same requirements to apply equally in relation to a decision to direct an academy, including making it clear that academy trusts will have the right to appeal to the schools adjudicator against a local authority’s decision to direct their school. Those requirements will all be reflected in the school admissions code, which we intend to amend following Royal Assent. We also intend to work closely with the sector on any further changes that may be needed to fully implement the new powers.

Any change in the code will require a full public consultation and will be subject to parliamentary scrutiny before coming into effect, so I hope that the hon. Members for Harborough, Oadby and Wigston and for Central Suffolk and North Ipswich are reassured that we will take action to ensure that the statutory school admissions code will be amended accordingly and continue to set out clear guidance on how local authorities may exercise their direction powers following Royal Assent. We therefore do not consider the amendment necessary and kindly ask the hon. Member for Harborough, Oadby and Wigston to withdraw it.

I turn to clauses 48 and 49. Local authorities have statutory duties to ensure that children in their area have access to a suitable education, but the levers are currently not available to them to achieve that, as they are not always effective. That can result in too many children, many of whom are vulnerable, being left without a school place for too long. Every day lost in a child’s education is one that they cannot get back. Powers of direction are intended to be used only as a last resort in those rare circumstances in which families are unable to secure a place through the usual admissions processes.

The purpose of clauses 48 and 49 is to create a more robust safety net for vulnerable children by giving local authorities the levers they need to secure school places for children more quickly and efficiently when the usual admissions processes fall short, ensuring that no child falls through the cracks. Clause 48 extends the current powers of local authorities to direct a maintained school to admit a child and to enable them to direct academies in the same way.

Although most children will secure a place through the usual admissions processes, vulnerable and hard-to-place children can sometimes struggle to do so. In circumstances in which those children have been refused entry to or have been permanently excluded from every suitable school within a reasonable distance, the local authority has the power to direct a maintained school for which they are not the admission authority to admit that child.

However, where a local authority wishes to place a child in an academy, it currently must request that the Secretary of State uses her direction powers under the academy’s funding agreement to compel the school to admit the child. That additional step can create further delay in getting a child into school. Enabling local authorities to direct academies themselves without needing to go through the process of requesting the Secretary of State to invoke her direction powers will ensure that school places for unplaced and vulnerable children can be secured quickly and efficiently. It does not make sense for local authorities to continue to need to ask the Secretary of State to make such direction for an academy.

Clause 49 further streamlines local authorities’ admission direction processes and makes them more transparent by enabling local authorities to direct a school where the fair access protocol fails to secure a school place for a child. The fair access protocol is a local mechanism for securing school places for children struggling to secure one through the usual admissions processes. The school admissions code requires all local authorities to have a fair access protocol in place that has been agreed with local schools and specifies the categories of children, including vulnerable and hard-to-place children, who are eligible to be considered for a school place under the fair access protocol.

Clause 49 will also enable future iterations of the admissions code to specify circumstances in which local authorities are able to direct the admission of a child where the fair access protocol has been exhausted and fails to secure a place for them. It will also allow the admissions code to set out a more streamlined directions process for children who have come out of care, so as to provide these often still vulnerable children greater parity with children currently in care. As mentioned, we intend to work closely with the sector in implementing the changes to the admissions code, which will include a full public consultation and require parliamentary approval.

I hope that I have reassured hon. Members that clauses 48 and 49 will provide a more robust safety net for vulnerable children by ensuring that places can be secured for them more quickly and efficiently when the usual admissions processes fall short, minimising time out of school and reducing the likelihood of children falling between the cracks. As I have mentioned, to ensure the powers are used appropriately, clause 48 will provide academies that disagree with a decision to direct admission with a formal route of appeal to the schools adjudicator, giving academies the same route of redress as is currently available only to maintained schools. That safeguard will ensure that local authorities use their powers appropriately and place children in suitable schools where they can thrive. I commend clauses 48 and 49 to the Committee.

New clause 45, which was tabled by the hon. Members for Harborough, Oadby and Wigston, and for Central Suffolk and North Ipswich, aims to ensure that where a local authority is considering directing a school to admit a child, it does not take account of whether the school is a maintained school or an academy. The hon. Members appear to be concerned that a new power for local authorities to direct academy schools may give rise to potential conflicts of interest.

As I have mentioned, the power is intended for use only as a last resort, and may be used only where admissions cannot be secured through the usual processes. Under public law principles, local authorities are already prevented from taking irrelevant matters into consideration when taking decisions, and in most circumstances, whether a school is an academy is not likely to be a relevant factor in determining whether to direct a school to admit a child. Furthermore, as I set out earlier, the School Standards and Framework Act 1998 and the school admissions code already set out several requirements as to how local authorities may exercise their direction powers. Those include relevant factors that they must take into consideration when deciding to direct a school, as well as the processes they must follow when making a direction.

Local authorities can already request that the Secretary of State direct a pupil into an academy on their behalf, and we know from experience that local authorities use this route only where they consider that it is in the best interests of the pupil, and after careful thought and consideration about the impact on the school. However, the new right for an academy trust to appeal to the independent schools adjudicator where they disagree with a direction for them to admit a child will provide independent oversight of local authorities’ decisions to direct.

I hope that the hon. Members will be reassured that appropriate checks and balances will be in place to mitigate any risk of the misuse of the power by local authorities, and kindly ask that the amendment be withdrawn.

Amanda Martin (Labour, Portsmouth North)

I am grateful for the opportunity to serve under your chairmanship, Sir Edward.

While we were in Bill Committee on Tuesday, the Education Committee was meeting—there are many people with a lot of interest in the Bill, and rightly so—to hear from three panels of witnesses. I draw the Committee’s attention to the second panel. On the panel was Sam Freedman, a senior fellow at the Institute for Government who worked at the Department for Education from 2010 to 2013 as a senior policy adviser; she is also a senior adviser to Ark schools, although was appearing in a personal capacity. Also on the panel were Daniel Kebede, who is a former teacher and the general secretary of the National Education Union, and John Barneby, who is the chief executive of Oasis Community Learning.

The witnesses did not agree on everything, but all three commented on the benefits of these provisions. John Barneby said that Oasis follows

“local authority admissions at the moment, because we believe in equity of offer, and we want to work in partnership. That is not the case everywhere…My hope is that, out of this policy, we will get to a place where there is a fair distribution of children with special educational needs and disadvantaged children across all schools, so that all schools are truly inclusive and have the capacity to meet the needs of all children.”

He thinks the Bill will go some way to doing that. He also said that there has been a risk raised around the allocation of students, particularly with falling student numbers, but he thinks that

“on the whole, local authorities act responsibly around this.”

Daniel Kebede did not give his own opinion but that of the Sutton Trust, which found that

“155 secondary comprehensives in England are now more socially selective than the average grammar school.”

This clause will ensure that admissions are spread across everybody, and allow for academies and local authority schools to work together.

Finally, the witnesses were asked whether they thought the Bill’s provisions on admissions would lead to difficulty or an improvement. Sam Freedman was originally opposed to them, but she said:

“I think that is much less of a challenge now that 80% of secondaries are academies, as are 40% of primaries. I am comfortable that allowing appeals to the schools adjudicator means that if it was still an issue, there is a mechanism for the academy to appeal and deal with it.”

In fact, she would like the Bill to go further and say that local authorities should set all admissions policies.

Neil O'Brien (Conservative, Harborough, Oadby and Wigston)

I think Sam Freedman is a fella rather than a lady. I beg to ask leave to withdraw the amendment.

Clause 50 - Functions of adjudicator in relation to admission numbers

Neil O'Brien (Conservative, Harborough, Oadby and Wigston)

I beg to move amendment 84, in clause 50, page 110, line 4, at end insert—

“(4A) Where making a decision the adjudicator must take into account—

(a) the performance of the school; and

(b) whether the school is oversubscribed.”

Edward Leigh (Conservative, Gainsborough)

With this it will be convenient to discuss the following:

Amendment 83, in clause 50, page 110, leave out lines 8 to 13.

Clause stand part.

Neil O'Brien (Conservative, Harborough, Oadby and Wigston)

Clause 50 is one of the elements of the Bill that we are most concerned about. The Government’s impact assessment says:

“Demographic changes mean there is an increase in the number of surplus places in primary schools...We want the local authority to have more influence over the PANs for schools in their area”.

For the benefit of people following the sitting, PAN is the published admission number—the number of pupils a school takes on each year.

The impact assessment continues:

“This would include scenarios where...a school’s PAN is set at a level which creates viability issues for another local school”.

In my mind, that line creates many questions. In a city like London, there are roughly 2,700 or 2,800 state schools, and cross-authority moves are very common. If I have an excellent and oversubscribed school, and someone else’s requires improvement and is struggling to attract pupils, how on earth are they to know that it is my school that is creating viability issues for their school, rather than one of the other hundreds of schools nearby? Indeed, how are we to know that the viability issues are not entirely to do with the struggling school, and how is the schools adjudicator to make such decisions? In reverse, how are the pupils from a thriving school to be shared out fairly if there are multiple struggling schools in the area? As soon as we start to think about it, these are massive questions.

The impact assessment makes it clear that this measure is a huge departure from the path we have been on since the reforms of the late 1980s, which gave good schools the ability to expand without the local authority blocking them. The impact assessment says:

“The Adjudicator will also have the ability to set the PAN for the subsequent year”

and

“some schools may find that their PAN is not set for them as they would wish. They may feel that they are able to take more pupils and thus receive greater funding. It could also limit the ability of popular schools to grow.”

Those are the Government’s words, not mine. They continue:

“If a school is required to lower their PAN, some pupils who would have otherwise been admitted will be unable to attend the school. This will negatively impact on parental preference, especially if the school was the parent’s first choice.”

The Confederation of School Trusts has pointed out that the impact assessment does not account for the potential risks of reducing PANs for popular and successful schools. Our amendments address exactly that point. Once again, rather than the normal split between the regulator and the provider, the local authorities will be both. Politicians in some local authorities—this is not a secret—have never much liked the academy programme or school freedom. It would be very tempting for them to try to push down numbers in academies, particularly to protect the schools that they run even if they are not the best ones or the ones that parents want. For all those reasons, the right hon. Member for Islington North (Jeremy Corbyn), the former Labour leader, was positive about the clause on Second Reading. However, for the reasons that he is positive about it I am rather nervous about it.

Amendment 84 would write into the Bill:

“Where making a decision the adjudicator must take into account—

(a) the performance of the school; and

(b) whether the school is oversubscribed.”

It would make it clear that we need to deal with the issues now, at this point of democratic decision and transparency, and write those principles into law rather than leave it to Ministers and regulations, meaning that the handling of highly significant issues could easily later shift, with little scrutiny, under a different Secretary of State.

New clause 47 would stop objections to stable or growing PANs, and new clause 46 would at least exempt high performing schools and allow them to still expand. A striking thing about the clause is that it is not just allowing appeals against schools expanding for the first time—a massive move away from the principles of the School Standards and Framework Act 1998—but even allowing appeals against schools just staying the same and carrying on doing what they are doing. That can now be challenged, and the only reason to do that is to share out the pupils in order to help other schools be more viable.

Will the powers be used? Yes, absolutely they will, because the context, of course, is the forecast decline in pupil numbers. Indeed, the impact assessment gives that as one of the rationales in London and other urban areas. The declines are forecast to be quite steep. Often local forecasts turn out to be wrong, but in some London boroughs the forecast is for more than one in 10 or even one in eight pupils to disappear over the next four years. In that context, the temptation to prop up some schools by pressing for reductions in others will be very strong, particularly for local authorities that do not like school choice much, but even in others, too.

At present there is nothing in the Bill to reassure us or school leaders that this will be done fairly between local authority and non-local authority schools, or fairly reflecting how well schools are performing or fairly reflecting how popular they are. There is nothing but the suggestion of future guidance, which the House will not be able to amend and which can shift with the views of whoever is Secretary of State at the time. There is some deep history here. It was Mrs Thatcher who announced the reforms that the Government are starting to undo today. It was initially called the local management of schools. When Mrs Thatcher announced it, she said,

“We will allow popular schools to take in as many children as space will permit. And this will stop local authorities from putting artificially low limits on entry to good schools. And second, we will give parents and governors the right to take their children’s school out of the hands of the local authority and into the hands of their own governing body. This will create a new kind of school funded by the State, alongside the present State schools and the independent private schools. They will bring a better education to many children because the school will be in the hands of those who care most for it and for its future.”

Did those reforms work? Well, the former Education Minister, Lord Adonis, who wrote about the creation of the school freedom, concluded:

“Local Management of Schools was an unalloyed and almost immediate success…school budgets under LMS were based largely on pupil numbers, so parental choice came to matter as never before.”

Several times during our debates I have heard Labour Members say that they believe in “standards, not structures”. We heard it in the last sitting and I have heard it from Ministers. But let me quote from another great socialist thinker, former Prime Minister Tony Blair, who says in his memoirs,

“We had come to power in 1997 saying it was ‘standards not structures’ that mattered. We said this in respect of education, but it applied equally to health and other public services. Unfortunately, as I began to realise, when experience shaped our thinking, it was bunkum as a piece of policy. The whole point is that structures beget standards. How a service is configured affects outcomes.”

This clause strikes at one of the most foundational school reforms of the last 40 years. It strikes at school choice by making the size of schools not a matter for parents in choosing and voting with their feet, but instead for local councillors and the schools adjudicator. You strike at parental choice and you strike at one of the most powerful engines for school improvement.

Although I understand what Ministers are trying to do, this is currently being done in the Bill without any of the basic safeguards we would expect on how they will make those decisions. I understand what Ministers are trying to do, but I think this is one of the worst clauses in the Bill, and I really hope that Ministers will rethink it.

Catherine McKinnell (Labour, Newcastle upon Tyne North)

Clause 50 covers the ability of the schools adjudicator to set the published admissions number of a school where the adjudicator has upheld an objection to it. This provides an important backstop to ensure that all children are able to access a place at a school where they can achieve and thrive.

Amendments 84 and 83 relate to the matters the adjudicator must take into account when deciding on a school’s published admissions number and the means by which those requirements are placed upon her. I will discuss each of these matters in turn, but there are clearly important connections between the two.

Amendment 84 would requires the adjudicator to take into account the school’s performance and whether it is oversubscribed when deciding on what the school’s published admissions number should be following an upheld objection. School performance and parental demand are clearly important factors that adjudicators should consider when determining objections to published admission numbers. Indeed, previous adjudicator determinations on schools reducing published admission numbers show that the adjudicator regularly takes these matters into consideration where they are relevant to a case.

However, specifying that the adjudicator must only take account of these factors and no other factors could hinder effective decision making and damage the interests of schools and communities. Although the expansion of good schools is to be celebrated, we know that in some areas schools are unilaterally increasing their admission numbers beyond what is needed, damaging the quality of education that children receive at nearby schools by making it harder for school leaders to plan the best education for their children.

Therefore, it is right that the adjudicator’s decisions about the level at which to set the admission number following an upheld objection should also consider the wider impact on the community. For example, this could include potential impacts on parental choice if the quality of education that children receive at other schools nearby is affected.

Furthermore, there are other factors that it may be important for the adjudicator to consider or that provide necessary safeguards for the school that is the subject of the objection, such as statutory financial or capacity requirements. For example, primary schools are required to comply with the statutory infant class-size limit and we would want the adjudicator to ensure that any published admission number they set enables the school to comply with this important duty.

Neil O'Brien (Conservative, Harborough, Oadby and Wigston)

The Minister talks about schools expanding “beyond what is needed”. How will she determine whether a school’s expansion is “beyond what is needed”? Is it the presence of any “surplus” school places in that local authority area?

Catherine McKinnell (Labour, Newcastle upon Tyne North)

As I have set out, these are matters for the school adjudicator to determine on when objections have been raised with them. Schools adjudicators are independent, which is an important factor in this process. They have significant experience of considering objection cases and they are ideally placed to take objective, transparent and impartial decisions.

Neil O'Brien (Conservative, Harborough, Oadby and Wigston)

It was the Minister herself who said “we know” that some schools had expanded “beyond what was needed”’; she did not say that an admissions adjudicator had determined that. In response to my challenge, she referred to the admissions adjudicator, but it was she herself who said “we know” that some schools had expanded beyond the point that was “needed”. How does she know that? On what basis does she say that?

Catherine McKinnell (Labour, Newcastle upon Tyne North)

Obviously, the purpose of the clause is to ensure that those decisions are made independently by the schools adjudicator. I think the hon. Gentleman should acknowledge that he is objecting to an independent adjudication on these matters, which is entirely the purpose of this legislative provision.

Catherine Atkinson (Labour, Derby North)

We recently saw a case of a ghost school in Nottingham, funded under the previous Government, built but then never opened, because only two pupils applied to join. Does the Minister agree that that is an example of the current system failing?

Catherine McKinnell (Labour, Newcastle upon Tyne North)

My hon. Friend makes an important point. Clearly, it is really important that we have good schools available to every child in every local area. That is clearly a challenge. A significant number of children, including those with special educational needs and disabilities, are not having their needs met within their local school, and they consequently have to travel as a result. As constituency MPs, we have to deal with the families who get in touch because they cannot get a place at their local school and the challenges around that. It is clearly in the interests of everybody that we have a system that manages that, but also that we have an adjudicator that takes an independent view and decides on what would be the right outcome in a particular circumstance.

Matt Bishop (Labour, Forest of Dean)

Does this part of the Bill not go to the principle that local schools should meet local needs?

Catherine McKinnell (Labour, Newcastle upon Tyne North)

My hon. Friend puts it very well. Indeed, that is the case that we are making. That means having good and great schools, and that is the ultimate aim of all these provisions: to ensure that every child has a good local school in which they can achieve and thrive. There needs to be some way in which that is managed on a community-wide basis. I would be surprised if the hon. Member for Harborough, Oadby and Wigston were seriously objecting to that in principle.

Damian Hinds (Conservative, East Hampshire)

I seek some clarity. The Minister seems to be saying, “Leave it up to the independent adjudicator. They will decide.” Is she saying that the Government will not issue guidance on the criteria on which an independent adjudicator should decide?

Catherine McKinnell (Labour, Newcastle upon Tyne North)

No, that is not what I said. I was responding to the specific question asked by the hon. Member for Harborough, Oadby and Wigston.

These measures are being introduced to support local authorities with effective place planning. In answer to the question raised by the hon. Member for Harborough, Oadby and Wigston about how we know that this challenge needs action, a 2022 report commissioned by the Department for Education under the previous Government reported that

“unilateral decisions about PANs and admissions…was identified by 89% of LAs”

as a barrier to fulfilling their responsibilities for mainstream school place planning. Some 13% of local authorities reported that

“this occurred regularly, 41% occasionally, and 34% rarely”.

Local authorities were more likely to report that this barrier was more common when working with academies. Those are the findings of the Department’s own report, which was commissioned under the last Government.

To be clear, the measure is not about removing any and all surplus places from the school system, including where it is useful, for example, in ensuring parental choice and flexibility in the system to accommodate future demand for school places. This is about ensuring that the places on offer in an area adequately reflect the needs of that local community. Where there is large surplus capacity, that can have a detrimental impact on good schools. It could result in significant upheaval for children and damage local parental choice. This is about supporting local authorities to ensure that they have the right amount of school places in their local area. There is already a statutory obligation on that. This measure will support local authorities to achieve that.

Neil O'Brien (Conservative, Harborough, Oadby and Wigston)

The Minister is talking about within local communities and within local authorities and so on. I raised the issue of how this is supposed to work in London. The Government talked about using this power where

“a school’s PAN is set at a level which creates viability issues for another local school”.

Local is not defined. How is the schools adjudicator to work out whether it is one school that is creating

“viability issues for another local school”

in a setting like London, where there are many schools nearby, or whether some of the viability issues are to do with the school’s own performance, perhaps, because it is not a very good school? How on earth is one to identify fairly in a city like this, with vast flows between boroughs, where the problem is coming from for a “failing” school?

Catherine McKinnell (Labour, Newcastle upon Tyne North)

I recognise the challenge of falling rolls in some London boroughs, which the hon. Member rightly identifies. It just goes to make the case even more strongly: partners have to work collaboratively to ensure that we manage demographic changes properly and that children are at the heart of all decisions.

The measures in the Bill will give local authorities more levers to help manage surplus capacity. For example, the Bill will ensure that if the schools adjudicator upholds an objection that the published admission number of a school is too high to support the community need, the adjudicator will then be able to set the published admission number for the school. Schools and local authorities will be under new duties to co-operate on school admissions and place planning as part of measures to the Bill already debated and passed.

Neil O'Brien (Conservative, Harborough, Oadby and Wigston)

What share of “surplus places” is too high in the eyes of the Minister? Will she set out in guidance what “too high” looks like? What is her view on too high—is it 1%, 2% or 3% surplus places?

Catherine McKinnell (Labour, Newcastle upon Tyne North)

The guidance will set out how local authorities will determine their published admission number. It will also support local authorities with effective place planning, which will be set out in the admissions code. The new delegated powers will set out to adjudicators what they should consider when setting published admission numbers within that context.

I can reassure the hon. Member that adjudicators are experienced at considering these types of issues as part of their existing role. They already do this. They consider both objections to published admission number reductions and requests by maintained schools to vary their published admission number downwards in light of major changes in circumstances. They have an in-depth knowledge of admissions law and play an integral role in ensuring that school admissions are fair and lawful. Many have wide experience of the education system at a very senior level. The hon. Member should not be so concerned that these matters cannot be adjudicated, which seems to be what he is suggesting.

Neil O'Brien (Conservative, Harborough, Oadby and Wigston)

I am not suggesting that they cannot be adjudicated. I am pointing out to the Minister that for them to be adjudicated in a completely new way will mean something very different will happen to our education system. At the moment, the adjudicator can be brought in if a school dramatically wants to cut its numbers. That is fair enough. We need to make sure that all pupils have a place to go to school. But this is something completely new. There is an objection not just to expanding, which is an attack on the principle of school choice, but to schools wanting to keep their published admission number the same.

This is a completely revolutionary change. The adjudicator is not dealing with these kinds of things at the moment for academies, so it is a huge change and a move away from the principles that have allowed good schools to expand and the voices of those who say, “There are too many surplus places; you can go to a worse school and not to your first-choice school” to be squashed by the process of school choice and competition.

Catherine McKinnell (Labour, Newcastle upon Tyne North)

The hon. Gentleman has made his concerns known. I do not think he is making any new assertions. It might be helpful if I continue setting out why we do not accept the proposed amendments.

Damian Hinds (Conservative, East Hampshire)

Just before she does, will the Minister give way?

Catherine McKinnell (Labour, Newcastle upon Tyne North)

Perhaps at the end if there are still questions I would be more than happy to address them.

Damian Hinds (Conservative, East Hampshire)

It is a different but related question. There are falling rolls, initially in primary over the next few years, and then it will happen in secondary. There will be some difficult choices that someone will need to make. Sometimes that will mean varying the numbers in every school, but I am afraid that the scale of the change in some local authorities, particularly in urban areas and this city, is such that some schools may convert and become special schools, for which there is demand and need. Some may become early years settings. It might be the case—I hope it will not be, as it is always a difficult thing to do—that total education capacity has to reduce. Will it be the schools adjudicator who decides the school that closes?

Catherine McKinnell (Labour, Newcastle upon Tyne North)

Local authorities make decisions about place planning within their local area. There will be a duty on all schools within a local area to co-operate with the local authority on place planning and admissions. The clause and the Bill extend to academies the ability to object to the school adjudicator, which gives them the ability to present their case where there is a challenge. Clause 50, which I will come to shortly, includes a delegated power that enables the Government to make regulations that set out factors that the adjudicator must consider when setting the published admission number of the school after it has upheld an objection.

Neil O'Brien (Conservative, Harborough, Oadby and Wigston)

To be clear, is it the case that under the clause the schools adjudicator will have the power to set the published admission number to zero—in other words, to close a school?

Catherine McKinnell (Labour, Newcastle upon Tyne North)

Where the adjudicator upholds an objection to the published admission number, I cannot foresee a circumstance where that might be the case—

Neil O'Brien (Conservative, Harborough, Oadby and Wigston)

I can see that very easily.

Catherine McKinnell (Labour, Newcastle upon Tyne North)

It will very much depend on the local context. Obviously, it will be for the adjudicator as an independent professional to take that decision for maintained schools. To be clear, for academies it will be for the Secretary of State to end a funding agreement, and for maintained schools it will be for the local authority to determine.[Official Report, 3 March 2025; Vol. 763, c. 3WC.] (Correction)

Amanda Martin (Labour, Portsmouth North)

Will the Minister confirm that the power to set place numbers includes all schools in local authority areas? It is not just academies but maintained schools. There seems to have been an idea throughout the whole of this debate that maintained schools are somehow a lower echelon of education—

Damian Hinds (Conservative, East Hampshire)

Who said that?

Amanda Martin (Labour, Portsmouth North)

It seems to have been implied—[Interruption.]

Edward Leigh (Conservative, Gainsborough)

Order. Carry on.

Amanda Martin (Labour, Portsmouth North)

Thank you, Sir Edward. It seems to have been implied that only academies might want to expand, but local authority schools might also want to expand. If it is not right for the pupil numbers within the local authority area, it should not be allowed.

Catherine McKinnell (Labour, Newcastle upon Tyne North)

I cannot hear.

Edward Leigh (Conservative, Gainsborough)

Carry on.

Amanda Martin (Labour, Portsmouth North)

We were asked for examples of where schools have been closed. We have not even thought about small rural schools that are affected by expansion. Local authorities that represent rural communities must be able to ensure that there are schools across the county, because that is good for everybody.

Specifically on London, the expansion of some academies and schools in Hackney in 2024, particularly as part of a shift towards academisation, has contributed to the closure of certain local schools. St Mary’s Church of England primary school—

Edward Leigh (Conservative, Gainsborough)

Order. That is very interesting, but it is an intervention. In a Committee, you can speak as often as you like, but I think we have got the point now and the Minister should carry on with her speech.

Catherine McKinnell (Labour, Newcastle upon Tyne North)

I thank my hon. Friend for her intervention. She makes powerful and important points relating to the challenges she has experienced in her local area. That is why the changes are necessary to ensure we have a fair system.

The usual approach from Opposition Members is to act as though this is a new thing that has just been invented. This is not a new role for adjudicators. They already consider these issues, not just in proposals to reduce admission numbers—

Neil O'Brien (Conservative, Harborough, Oadby and Wigston)

Will the Minister give way?

Catherine McKinnell (Labour, Newcastle upon Tyne North)

Can I finish making one point? Adjudicators do that when schools seek to vary their admission arrangements once they have been determined. I appreciate the hon. Gentleman’s concern about the theoretical prospect—

Neil O'Brien (Conservative, Harborough, Oadby and Wigston)

It is not theoretical.

Catherine McKinnell (Labour, Newcastle upon Tyne North)

It is a hypothetical prospect of a published admission number being set at zero. That will be dealt with as part of regulations and we will set out more detail in those, but we will address that.

Neil O'Brien (Conservative, Harborough, Oadby and Wigston)

rose—

Catherine McKinnell (Labour, Newcastle upon Tyne North)

I can get back to the actual substantive response to the amendment, or we can carry on with this debate in the meantime.

Neil O'Brien (Conservative, Harborough, Oadby and Wigston)

This is a substantive point. I am grateful to the Minister for giving way; we are doing the proper business of a Committee here. Let us be clear: the whole point of the clause is to address situations, such as those in London, where a local authority has one in eight of its primary school pupils disappearing within four years, and schools closures will be a part of that. The Minister said that this is not new, but it absolutely is. At the moment, a primary school cannot have its PAN challenged by the local authority if it just wants to keep it the same. In the future, under this clause, the local authority can say, “We want to close this school. We are going to challenge your decision to keep your PAN the same. We think you should shut.” Under this clause, the schools adjudicator will have the power to set its PAN to zero.

Amanda Martin (Labour, Portsmouth North)

Will the hon. Member take an intervention?

Edward Leigh (Conservative, Gainsborough)

Order. You cannot intervene on an intervention.

Neil O'Brien (Conservative, Harborough, Oadby and Wigston)

The Minister says that the Secretary of State can shut schools in other ways. The schools authority, under this law, will have the power to set a PAN to zero. I did not hear the Minister say that, according to guidance, that should not happen. Will she say that now?

Catherine McKinnell (Labour, Newcastle upon Tyne North)

To deal with the issues that the hon. Gentleman raises, he is wrong that this is a new power.

Neil O'Brien (Conservative, Harborough, Oadby and Wigston)

Of course it is a new power.

Catherine McKinnell (Labour, Newcastle upon Tyne North)

If the hon. Gentleman will let me a finish a sentence, he will see. The hon. Gentleman is repeatedly putting words in my mouth by taking snippets of sentences without listening to them entirely. He is concerned that this is intended to address simply matters that might affect London.

Neil O'Brien (Conservative, Harborough, Oadby and Wigston)

No!

Catherine McKinnell (Labour, Newcastle upon Tyne North)

That is what the hon. Gentleman just said, did he not?

Neil O'Brien (Conservative, Harborough, Oadby and Wigston)

Of course it is not. This is stupid. It affects the entire country.

Catherine McKinnell (Labour, Newcastle upon Tyne North)

That is the point I am making. These challenges affect local authorities right up and down the country. The research the previous Government undertook into this matter demonstrated that local authorities, which have a statutory obligation to provide suitable school places for all the children in their local area, face widespread challenges in meeting that obligation because of the challenges in the current system, which the clauses seek to address. Yes, this is a new statutory duty, which is why we are legislating, but it is not a new role for adjudicators. That is the point that I have made a number of times. I am not saying this is not a change, as we are legislating to change things, but it is not a new role for adjudicators. They are well experienced in managing many of these considerations.

Amanda Martin (Labour, Portsmouth North)

I have already mentioned the three expert witnesses who commented on this issue. Although they probably have very different opinions on other elements of the education system, all were in agreement. Does the Minister believe that the clause, unamended, means that local authorities can perform fair place planning for all pupils, whether in rural, suburban or inner-city areas, to ensure that there is still access for all pupils and that it is done in a fair way, whether a school is maintained or an academy?

Catherine McKinnell (Labour, Newcastle upon Tyne North)

Absolutely, and it is right that where an objection is put to the adjudicator about a published admission number and the adjudicator upholds it, they consider the wider impact on the whole community—for example, how it might affect parental choice or the quality of education for children affected by any decision. The adjudicator should clearly consider other factors that may provide necessary safeguards for a school that is the subject of an objection, such as their financial or capacity requirements. As I will discuss when I turn to amendment 83, that is why clause 50 includes the power to make regulations that set out what the adjudicator must and must not take into account when taking a decision on published admission numbers that must be set where an objection to the published admission numbers is held. I hope that when we get on to the next clause, many of the concerns of the hon. Member for Harborough, Oadby and Wigston will be allayed.

We are clear that the regulation-making power represents the best approach to ensuring that all relevant actors are given due consideration by the adjudicator and that the requirements placed on the adjudicator can still be amended easily to respond to the ongoing needs of the sector and of the schools and the communities they serve. Importantly, we want to work with the sector to ensure that we have fully considered all relevant factors of concern when we develop the regulations to set out requirements on matters that the adjudicator must and must not consider when deciding on the published admission number of a school. That will ensure that the requirements on the adjudicator are clear and comprehensive.

The hon. Member for Harborough, Oadby and Wigston tabled amendment 83, which would remove from the Bill a delegated power to enable the Secretary of State to make regulations setting out factors that the adjudicator must and must not take into account when assessing the published admission number of a school or where they uphold a published admission number objection. That is relevant in the context of the hon. Member’s amendment 84, but, as I have tried to do in the discussion we have had—and as I would have already done if we had got to it—I will explain a little more our intentions for the regulation-making power and why we consider it the most appropriate way to address the issues raised in amendment 84.

It is important that the adjudicator, admission authorities and local authorities are all clear on what factors the adjudicator will take into account in her decision making, so that the decisions are made on a clear and transparent basis. In many cases, a school’s performance and parental demand for places, as the hon. Member for Harborough, Oadby and Wigston set out in amendment 84, will clearly be important factors for the adjudicator to consider when considering an objection to a school’s published admission number. However, as I have mentioned, there are many other important considerations, not just for the area but for the school itself, that must form part of the adjudicator’s decision making.

Let us be clear: these are difficult questions. They concern, for example, important matters such as the school’s capacity, the impact of the proposed admission number on the quality of education for children at neighbouring schools, and more practical matters such as compliance with regulations in terms of class sizes. Importantly, regulations to specify what the adjudicator must and must not take into account will ensure that any relevant impacts on the admission authority and school that are the subject of the objection are given due consideration before the adjudicator decides on the published admission number.

The complexity of the factors is best set out in regulations to ensure that they remain flexible and responsive to changes in any related legislation and in the wider context. For example, if we want to ensure that adjudicators take account of a school’s need to comply with infant class-size regulations, we want to be able to respond to any changes to those regulations. Similarly, if future demographic changes mean it is important for the adjudicator to think about how they consider issues such as a school’s capacity, regulations can be amended to ensure that the adjudicator takes into account all relevant considerations at that time and is not bound by outdated rules.

The regulations, and any changes to them, will be subject to parliamentary scrutiny. Including these matters in regulations will ensure that, if necessary, we can respond quickly to feedback from the sector, and where wider circumstances change, while ensuring that a clear level of rigour and parliamentary oversight can still be achieved. Given the argument I have set out, I respectfully ask the hon. Member for Harborough, Oadby and Wigston not to press his amendments.

Clause 50 provides that where the adjudicator upholds an objection to a school’s published admission number, it can specify the new PAN, which must then be included in the school’s admission arrangements. That is vital to ensure that all communities have the places they need so that children can access a local school where they can achieve and thrive.

Broadly, the ability of admission authorities to set their published admission numbers works well. In many areas, published admission numbers work effectively, and admission authorities and local authorities co-operate well to support local need. The hon. Member for Harborough, Oadby and Wigston has a concern about the clause’s impact on the ability of good schools to expand through an increase to their published admission numbers; I reassure him that the Government are absolutely in favour of good schools expanding where that is right for the local area.

David Baines (Labour, St Helens North)

The Minister just mentioned areas where schools already collaborate well with local authorities, and I am pleased to say that St Helens is one of those areas. From my experience as council leader before coming here, and since then as a Member of Parliament, I am aware that maintained schools and academies work together collaboratively very well, both with each other and with the local authority. Does the Minister agree that the clause is simply about ensuring that that remains the case and that local authorities have the support they need to ensure that local schools work for local families?

Catherine McKinnell (Labour, Newcastle upon Tyne North)

My hon. Friend makes a really important point. The focus here has been on where it goes wrong, but actually, in the vast majority of cases, local authorities are collaborating well, because fundamentally everybody has the same goal, which is to provide an education that enables children to achieve and thrive. That needs to be delivered for every child in a local area, and clearly that is what this legislation is intended to achieve.

Where local authorities need more places in an area, we and they would clearly encourage high-performing schools to work in collaboration with local authorities to meet that need. However, where admission authorities act unilaterally, without recognising the needs of or impact on their local communities, that can cause problems, not just for local authorities or neighbouring schools but, ultimately, for children and parents.

In some areas, local authorities struggle to fulfil their responsibility to ensure sufficient school places, because the published admission numbers set by individual admission authorities do not meet local needs, despite there being physical capacity in schools. In other areas, schools are increasing their admission number beyond what is needed, risking damage to the education that children receive at nearby schools by making it harder for school leaders to plan the best education for their children. In the worst-case scenario, it could lead to perfectly good schools becoming unviable and therefore reduce choice for parents.

Where agreement cannot be reached locally, and a local authority or another body or person brings an objection to a school’s published admission number to the schools adjudicator, the adjudicator must, as now, come to their own independent decision as to whether to uphold the objection, taking into account the views of all parties, the requirements of admissions law and the individual circumstances of the case. It is important to note that the measure does not enable local authorities to directly change the published admission number of any school for which it is not the admission authority. The adjudicator, not the local authority, is the decision maker and they will take an independent and impartial decision. The provisions of clause 50 ensure that where they uphold an objection to a school’s published admission number—

Damian Hinds (Conservative, East Hampshire)

So it is not the local authority; it is the adjudicator. I am wondering, as we are talking about serving communities, where the line of democratic accountability is.

Catherine McKinnell (Labour, Newcastle upon Tyne North)

The right hon. Gentleman is perhaps questioning the very long-standing process—it has been in existence for quite some time—for the role of the adjudicator in making these decisions where it cannot be decided within a local authority area on a collaborative basis. Obviously, the ideal situation is that local authorities and all the schools within the area are able to co-operate and collaborate to ensure that any individual admission number is set at the right level for the local community, taking into account the broader context. There is clear democratic accountability in that. Where that process breaks down, the adjudicator is there to be an independent arbitrator. Those requirements are set out in law; the framework that they work to and the factors that they consider are set out in guidance that is subject to parliamentary scrutiny. It is clear and transparent, and the adjudicator is bound by the laws in that case.

I recognise the challenge that the right hon. Member brings. In fact, the purpose of the legislation is to create a legal duty for all schools within the local authority to co-operate. That is the ultimate goal of the changes we seek to make. Obviously, where that falls short and is not possible, it is quite regular within our parliamentary and Government processes that there would be an independent adjudicator that would arbitrate and come to a decision within a legal framework.

The clause includes safeguards to ensure that the provision operates in a targeted and effective manner, and that it is used only where the objection relates wholly or partially to the school’s published admission number. The adjudicator cannot unilaterally decide to alter a school’s published admission number when considering an objection about a different matter, for example. The clause also includes the ability to make regulations regarding what the adjudicator must or must not take into account when determining a published admission number for a school, to ensure that the impact of a proposed number on the school is properly considered and that the adjudicator’s decision does not conflict with other duties on the admission authority.

We do not expect that the powers in the clause will be needed for most schools, because most published admission numbers are working effectively, but in the rare instances where a school’s published admission number is not working in the interests of the local community, where it risks undermining parents’ ability to access a local school where their child can achieve and thrive—

Damian Hinds (Conservative, East Hampshire)

Will the Minister give way?

Catherine McKinnell (Labour, Newcastle upon Tyne North)

Does the right hon. Gentleman mind if I just finish? It may answer his question.

In the instances I just described, the powers in the clause provide a direct route for an independent decision, resulting in a clear outcome for parents, admission authorities and local authorities.

Damian Hinds (Conservative, East Hampshire)

I am grateful to the Minister for giving way. I do mean these questions genuinely, in the spirit of line-by-line scrutiny of the Bill and trying to ascertain unintended consequences, intent and so on. If the adjudicator now has responsibility for ensuring that the number of school places in an area is what is needed and is fair, does the adjudicator also have a say in allowing a school to open?

Catherine McKinnell (Labour, Newcastle upon Tyne North)

It is the local authority that has the responsibility to agree published admission numbers with the schools in its area.[Official Report, 3 March 2025; Vol. 763, c. 4WC.] (Correction) Obviously, academies are their own admissions authority, and will set their own published admission number. The adjudicator becomes involved in the decision making where appeals are made to a school’s chosen published admission number. The adjudicator is then required to come to a decision, based on a very clear framework of factors to consider, as to whether the published admission number is fair in the context of the particular school and the local community. What was the right hon. Gentleman’s specific question?

Damian Hinds (Conservative, East Hampshire)

Does the adjudicator also have a say in allowing a school to open?

Catherine McKinnell (Labour, Newcastle upon Tyne North)

I cannot envisage a scenario where an adjudicator would adjudicate on the opening of a new school. If it adjudicates on the published admission numbers of existing schools, I cannot foresee a scenario where there would be an appeal to the adjudicator for a school that does not exist.

Neil O'Brien (Conservative, Harborough, Oadby and Wigston)

If I can put it in my words, there is nothing in the Bill to stop the local authority applying to the adjudicator to stop the first year PAN of a new school. If I say, “I want to open my new school and the PAN is going to be X,” the local authority could say, “No, I think it should be half of X.” There is nothing to stop that, even in the first year. It could even be that the local authority says, “No, the first year number should be zero.” There is nothing in the Bill to stop that happening, so, as my right hon. Friend the Member for East Hampshire says, it does apply to new schools.

Catherine McKinnell (Labour, Newcastle upon Tyne North)

I apologise, but I still do not see the relevance to how an adjudicator could open a new school. I am more than happy to write to the hon. Gentleman after I have considered the issue further.

Damian Hinds (Conservative, East Hampshire)

It may help if I say why I asked the question. The adjudicator will be worrying, “I need to make sure that a school over here isn’t creating unfairness or making another school unviable because there are too many school places in this area.” If someone else comes along and says, “I’m going to open a new one,” that will make the school even more unviable. Logically, if I am the adjudicator and the Government are tasking me with making sure that we are not making schools unviable, surely I should be able to veto a new school coming into the community.

Catherine McKinnell (Labour, Newcastle upon Tyne North)

I thank the right hon. Gentleman for that clarification. It is not that the adjudicator makes the decision about whether to open a new school, which is how the question was originally posed. The right hon. Gentleman is talking about the hypothetical outcome that the adjudicator’s involvement in a decision could result in—

Damian Hinds (Conservative, East Hampshire)

No, I am asking directly: could the adjudicator stop a new school opening on the grounds that we have tasked the adjudicator with making sure that there is not excess capacity in an area, which might make one or more schools unviable? Logically, surely the adjudicator ought to be able to stop the problem getting even worse—in the eyes of Ministers—by refusing a new school opening.

Catherine McKinnell (Labour, Newcastle upon Tyne North)

I will have to take away that question, and I am happy to write to the right hon. Gentleman with a response. Obviously, the adjudicator currently has a role in certain cases—for example, where a local authority is involved in the foundation of a school. I will look at the specific example that he raises, and I am happy to write to him with a response.

Neil O'Brien (Conservative, Harborough, Oadby and Wigston)

I am extremely grateful to the Minister for her offer to write on this point. To avoid disturbing her flow any further, can I ask her to explain something? If a school is not happy with the decision of the adjudicator on its PAN, what will the appeal process look like for that school?

Catherine McKinnell (Labour, Newcastle upon Tyne North)

Adjudicators’ decisions are legally binding and publicly available. Ultimately, adjudicators are appointed by the Secretary of State, who is accountable for those decisions. That responds to the question from the right hon. Member for East Hampshire about democratic accountability.

I presume that the outcome in the case that the hon. Member for Harborough, Oadby and Wigston raises would be a legal challenge to the decision. Obviously, he and the right hon. Member for East Hampshire are testing the possible outcomes of this measure to the very limit, which comes across as rather extreme in most cases. The purpose of the clause is to simplify, clarify and make more transparent the levers that local authorities will have to set planning numbers in their area, ideally to reduce the number of challenges and issues that arise.

Munira Wilson (Liberal Democrat, Twickenham)

Other than the Government Whip, the hon. Member for Lewisham North, I am the only London MP in the room. There has been a lot of discussion about London schools and the challenges that we have, and one of the reasons why I have been listening quietly is that I have a lot of sympathy for both sets of arguments that have been put forward.

I want to pick up on the point about new schools opening in areas where there may already be surplus capacity. In defence of the right hon. Member for East Hampshire, I do not think that this issue is just theoretical. I talked to a director of children’s services about a borough —it neighbours the one containing my constituency—where there is already a funding application in the pipeline for a new free school. At the same time, an academy has just decided to expand its PAN. That director of children’s services was saying, “Actually, I welcome the duty to co-operate,” but it throws up the question posed by the right hon. Member for East Hampshire: would the adjudicator urge Ministers to turn down the application for the free school because an existing academy is already expanding its PAN? I do not say that to make a political point; it is a genuine question that will need some clarity from Ministers, albeit subsequent to this debate.

Catherine McKinnell (Labour, Newcastle upon Tyne North)

I appreciate that the hon. Lady refers to a real potential scenario, although I would certainly put it in the hypothetical category at this stage. The Office of the Schools Adjudicator can only take a decision in relation to a PAN where there has been an objection. That is the point I was making. It cannot decide whether to open a school; it can take a decision only where an objection is made specifically to the adjudicator on the basis of the published admission number.

Subject to the passing of this Bill, new school proposals put forward by the local authority outside the invitation process—I do not believe we have got to those clauses yet; we are coming to a whole additional debate on that—will be decided by the schools adjudicator, to avoid any conflict of interest and to ensure that any objections to the proposals are considered fairly. Obviously, it will have the legal framework within which to operate in order to make those decisions. That is an established part of the current system.

Neil O'Brien (Conservative, Harborough, Oadby and Wigston)

I pay tribute to the Minister for the reasonable way in which we have conducted this important debate. We have a huge disagreement with clause 50, which we think is a major mistake. We also have concerns about the process. We believe that it is better for this House to debate these big issues about what fairness is and looks like, and for that to be dealt with through the transparency of primary legislation, rather than its being left to the Secretary of State at any given moment to pass these things in regulations. I am therefore keen to press amendment 84 and new clause 46 to a vote.

(Afternoon)

Clause 51 - Amendments to invitation process for establishment of new schools

Neil O'Brien (Conservative, Harborough, Oadby and Wigston)

I beg to move amendment 85, in clause 51, page 111, line 7, after “authorities” insert “, including academy trusts,”.

Christopher Chope (Conservative, Christchurch)

With this it will be convenient to discuss the following:

Amendment 48, in clause 51, page 112, line 4, at end insert—

“(5) After section 7A (withdrawal of notices under section 7), insert—

“7B New schools to allocate no more than half of pupil places on basis of faith

A new school for which proposals are sought by a local authority under section 7 must, where the school is oversubscribed, provide that no more than half of all places are allocated on the basis of or with reference to—

(a) the pupil’s religious faith, or presumed religious faith;

(b) the religious faith, or presumed religious faith, of the pupil’s parents.””.

Clause stand part.

Neil O'Brien (Conservative, Harborough, Oadby and Wigston)

It is a pleasure to serve under your chairmanship, Sir Christopher. I will begin by asking a question up front, so that the Minister has time to confer with officials if she needs to in order to reply.

We learned during the debate on clause 50 that, as well as existing schools, local authorities will be able to go to the schools adjudicator regarding school openings. Will a local authority be able to object to the published admissions number of a school in another local authority, or is it limited to schools within its own area? Possible answers are: yes, they will be able to object about another authority; no, they will not be able to; or, the Government have not decided yet. As drafted, the Bill does not tell us what the Government’s intent is.

I will now speak to our amendment 85 and clause 51. Local authorities can already establish local authority schools if there is really no one who wants to start a new school, although, as the Government’s notes to the Bill rightly say, the current legal framework for opening new schools is tilted heavily towards all new schools—mainstream, special, and so on—being academies. As we have discussed, clause 44 repeals the requirement to turn failing local authority schools into academies; clause 51 is effectively the other half of that shift away from academisation. It ends the rule that new schools must be academies and allows local authorities to choose to set up new local authority-run schools instead. Both changes will reduce the flow of new schools into the best performing trusts. For that reason, we think it is a mistake.

Ministers keep saying that they want greater consistency —that seems to be one of the guiding principles of the Bill—but in the long term the combination of clause 51 and clause 44 will leave us with two types of school. That will sustain the confusion that we talked about in previous debates, where the local authority is simultaneously the regulator and a provider in the market it is regulating. The schools system is currently a halfway house: more than 80% of secondary schools are now academies, but less than half of primaries are, so just over half of all state schools are academies, and most academies are now in a trust.

I understand why Ministers have moved to find a legislative slot, and I know that anti-academies campaigners and people who do not like academies will welcome the clause. My question is where this is taking us in terms of a structure for the system as a whole. The Minister will say, “We want the flexibility to set up local authority schools,” but the combination of clauses 44 and 51 means that, in the long term, we will continue to have two types of school, rather than continue the organic move of recent years toward a system that is clearly based on academies and trusts, and trusts as the drivers of overall performance. That became apparent during the Government’s announcement the other day of their consultation on the new intervention regime. Ministers are now talking about RISE—regional improvement for standards and excellence—as one of the drivers of school improvement, leading to lots of questions about where the balance is between RISE and trusts, and what happens where the advice of a RISE team contradicts a trust’s views about what should be done in the case of a school with problems.

We have rehearsed a lot of these issues before, but I am keen to get an answer from the Minister about whether, in the case of new school openings in a different local authority, another local authority would be able to send the question of that school’s PAN to the schools adjudicator under clause 50. I am also keen to get the Minister’s sense of the finality of the system. Are Ministers happy for us to have just local authority schools and academies in the long term, and do not think that that is a problem they need to address? Do they not have a vision for the final situation, or do they have some other vision that the Minister wants to set out?

Ian Sollom (Liberal Democrat, St Neots and Mid Cambridgeshire)

It is a pleasure to serve under your chairmanship, Sir Christopher. Broadly, the Liberal Democrats welcome clause 51 and its counterpart, not least because we desperately need new special schools. The previous Government approved fewer than half of the 85 applications from councils to open SEND free schools in 2022. This is a real part of unblocking that, so we agree with the Government. We tabled amendment 48 because a potential loophole is created in the now well-established rules on faith-based selection. Those rules apply to academies and will continue to do so, but under clause 51 not all new schools will be academies. The amendment would bring all new schools into line with the current established principles of faith-based selection for academies. It is a very simple amendment. I think the error was made inadvertently during drafting, and hopefully the Government will support it.

Lizzi Collinge (Labour, Morecambe and Lunesdale)

I rise to speak to clause 51, because there are some points I wish to raise about this part of the Bill allowing new schools to have 100% faith selection.

Clause 51 allows new schools to be opened without ideological restrictions on their type; they could be academies, community schools or voluntary aided schools, which in my view is extremely welcome; but it also creates the ability to open new 100% faith-selective schools, which worries me. The current 50% cap on faith selection for academies was introduced by the Labour Government in 2007, and further embedded into free schools in 2010 by the coalition Government. The Education Act 2011 mandated that all new schools must be free schools, extending the cap’s reach. That 50% limit was supported by all three main parties.

A scheme of local authority competitions similar to the one proposed in the clause operated from 2007 to 2012, in which we saw 100% faith-selective schools open. For example, Cambridgeshire county council ran a competition for a new school in which a 100% selective Church of England school won out over a proposal for a school with no religious character; the resultant school opened in 2017 and is still 100% faith selective. Another 100% religiously selective school was approved in the Peterborough council area. This has happened when the legislation has allowed for it.

We heard in the first evidence session that the Catholic Education Service would seek, in areas of oversubscription, to use 100% faith selection. We heard from the Church of England that nationally its policy is to stick to 50%, but its structure means that dioceses can put forward proposals for new schools, and they are not bound by that national policy. Members might be sitting here thinking, “So what? What is the problem with 100% faith-selective schools?” The problem is that 100% faith-selective schools are less socioeconomically diverse than might be expected for their catchment area, and less socioeconomically diverse than schools that are subject to the 50% cap. Compared with their 50% selective peers, 100% faith-selective schools are also less ethnically diverse than would be expected. Faith selective schools remain less inclusive across multiple factors. In my view, 100% faith selective admissions only exacerbate inequalities in the school system.

The Sutton Trust found that faith schools are less inclusive of disadvantaged children. The Office of the Schools Adjudicator found that faith-selective schools are less inclusive of children in care. The London School of Economics found that faith-selective schools are less inclusive of children with special educational needs and disabilities. Faith-selective admissions also disproportionately favour wealthier families, because they are socioeconomically more selective than other types of school. Compared with other schools, faith-selective schools admit fewer children eligible for free school meals than would be expected for their catchment area.

Many faith-selective schools operate a system of scoring for religious attendance and volunteering. In my view, this activity is simply easier for those with more economic or social capital—those who do not work weekends, nights or shifts, and who have a professional background where one is very happy and comfortable going into a new environment; perhaps one went to church as a child. At least since the 1950s, data shows that church attendance is higher among wealthier people. This religious activity is less easy to take part in for those who work shifts or weekends and those who do not have the cultural or social capital to enter confidently a situation that is new or perhaps culturally alien. I am focusing on church attendance because the religious majority in our country is Christian, even though actual religious belief is low.

Faith-selective schools encourage and embed educational inequalities, and that is why I am concerned about lifting the 50% faith-selection cap. I merely ask Ministers to consider this.

Damian Hinds (Conservative, East Hampshire)

I rise to speak to amendment 48, which stands in the name of the hon. Member for Twickenham. There are two main reasons people seek to limit school admissions on the basis of faith. The first is that some people do not like religion, organised religion, or the involvement of the state with organised religion. That is a matter of belief for some people. The second is that it is sometimes said that faith-based admission policies shut out others from good schools. There is sometimes a sense that it is academic or social selection by the back door. The hon. Member for Morecambe and Lunesdale alluded to that. Some people—I am not saying this is the case with the hon. Lady—talk about the second issue when really they have in mind the first. One can be a proxy for the other.

Lizzi Collinge (Labour, Morecambe and Lunesdale)

Will the right hon. Gentleman give way?

Damian Hinds (Conservative, East Hampshire)

Before the hon. Lady corrects me, I did not say she was doing that.

Lizzi Collinge (Labour, Morecambe and Lunesdale)

I do not wish to correct the right hon. Gentleman. I believe he is correct that the two get confused. I have both of those beliefs.

Damian Hinds (Conservative, East Hampshire)

I know! [Laughter.]

Lizzi Collinge (Labour, Morecambe and Lunesdale)

However I am very clear the evidence I am quoting is on the second of those. I would happily provide the right hon. Gentleman with the sources of evidence, should he like to peruse them.

Damian Hinds (Conservative, East Hampshire)

I understand, acknowledge and respect what the hon. Lady says but, believe me, I do not need to see any more evidence on this subject, on which I have in my time perused large volumes. It is one of those issues—we talked the other day about another one—where the answer one wants can be found in the data.

Let us step back a moment. All liberal democracies permit freedom of religious belief, but the way it manifests is different in different countries. There can be an approach such as that in the United States or in France, where secularism in education is written into law or the constitution. We in this country have taken a different approach. We have always allowed denominational schools. In fact, we have not just “allowed” it; denominational schools and faith schools have always been a key part of the system. The biggest name in primary education in Britain is the Church of the England; the biggest name in secondary education in England is the Catholic Church.

It is not just in education that our country has this tradition. In international development, for example, the Government work closely with organisations such as Christian Aid, World Vision and the Catholic Agency for Overseas Development. In children’s services, the Children’s Society used to be called the Church of England Children’s Society, and Action for Children, formerly National Children’s Home, has its roots in Methodism.

Before there were state schools, there were faith schools, often attached to monasteries or cathedrals. The Education Act 1944 formalised this position, sometimes known as the dual system, whereby faith schools could be a full part of the state school system while retaining their religious character. There is a distinction between what are known as voluntary aided schools and voluntary controlled schools, and different degrees therefore of independence for those two. VA tends to be mostly associated with the Catholic Church, but there are lots of Anglican VA schools, and VA schools of five or six other religious denominations as well.

It is understood traditionally and generally, but not entirely correctly that with a VA school, the Church provides the land and the state provides the building, and that there is a sort of co-ownership—it is obviously minority ownership on the part of the religious organisation. In reality, over time that system was eroded and changed to a cash contribution in which, typically, 10% would come from the Church, which then became 5%. I think there were some cases in which it was 0%, but broadly that tended to be the situation. Sometimes Churches complain about that, saying, “Why should we have to contribute to this school, when any other school being created is fully funded by the state?” I think that is a good rule for two reasons. First, it is a privilege to be able to have a school that is fully state funded for pupils within a faith, but it is also a guarantee of independence. It means that no future Government can come along and say, “We are going to change all these schools into fully secular schools,” because they are part-owned—albeit a small part—by that religious faith.

Lizzi Collinge (Labour, Morecambe and Lunesdale)

Does the right hon. Gentleman agree that the question of schools having a faith element, being run by a Church or by any faith group, is different from the question of whether, in their admissions policy, a school may discriminate against one child and in favour of another based on the professed faith of their parents? Does he agree that those are two separate issues?

Damian Hinds (Conservative, East Hampshire)

They are different but related issues. For the avoidance of any confusion, when we talk about schools being “run” by a Church, there was a time when clerics ran schools, but things are not really done in that way today.

Some of the top-performing schools in the country are denominational schools with faith-based admissions. There are some very poor-performing faith schools and some brilliantly performing non-faith schools, and obviously it varies from year to year, but on average, faith schools tend to slightly outperform the average. The hon. Lady can correct me if I am wrong, but there is a feeling that this is where she and others get the idea that that is possible only if there was some unfairness in the intake of children the schools accept.

Lizzi Collinge (Labour, Morecambe and Lunesdale)

Will the right hon. Gentleman give way?

Damian Hinds (Conservative, East Hampshire)

I suppose, having said that the hon. Lady can correct me, I cannot really stop her.

Lizzi Collinge (Labour, Morecambe and Lunesdale)

The right hon. Gentleman is being very generous with his time. It is not a belief that the profile of faith schools is different from other schools: it is true. If we look at the rates of free school meals and the wealth profile of parents and compare them with peers—if we compare apples with apples—the data shows that. Does he recognise that?

Damian Hinds (Conservative, East Hampshire)

As I said earlier, there are all manner of datasets. I do not have my full Excel complement with me today, but I can trade with the hon. Lady and counter what she said with other statistics. In particular, anybody who suggests that the intake of a Catholic school is higher up the socioeconomic scale than the average does not know a whole lot about the demographics of the Catholic population in this country. We have a remarkable amount of ethnic diversity because of immigration patterns.

By the way, there is no such thing as 100% faith selection; that happens only if a school is oversubscribed. If a state-funded school has spare places, at the end of the day, it is obliged to let anybody come along. However, if a school is oversubscribed and we lose the faith admissions criterion, the nature of the school will change. That goes to the heart of the hon. Lady’s question. There is something intrinsic to having a faith designation and a faith ethos in a school. Some people—I accept that the hon. Lady is not one of them—believe that such things contribute to what happens to those children, their education and their wellbeing, and they are reflected even in that small average premium in terms of results.

Back in the days of the free schools and before them, as the hon. Lady mentioned, a 50% cap was put in place, known commonly as the 50% faith cap. That reflected the fact that with free schools there was a different situation, because now any group could come along and say, “We want to open a school.” It seemed a sensible safeguard to have a cap. However, all the way through it has remained legally possible—not a lot of people know this—to open a voluntary aided school. That proposition was tested in law in 2012, after the coalition Government came into office, with the St Richard Reynolds Catholic college in the constituency of the hon. Member for Twickenham. Once a VA school is opened, it can convert to an academy.

Munira Wilson (Liberal Democrat, Twickenham)

I am listening carefully to the right hon. Gentleman’s excellent speech. Amendment 48 does not seek to prevent faith schools from opening. It would simply apply the cap to any type of school—academy, maintained, voluntary aided or whatever.

For me, the main driver for that safeguard is social cohesion and ethnic diversity. We have talked a lot about Church schools, but there are other faiths that seek to set up schools in certain areas of the country where, without the cap in place, they would not get much racial diversity. That is worrying for community cohesion. I say that as somebody who has a strong personal faith. I send both my children to a Church of England school—mainly because it is in front of my house, so they can leave the house 30 seconds before the gate shuts—but I feel uncomfortable with its level of faith selection. As we heard in oral evidence from Nigel Genders, it is important that state-funded schools be for the whole community and be open to everyone.

Damian Hinds (Conservative, East Hampshire)

That is a view. It is a perfectly legitimate view that some people hold, but it is not a view that I hold, nor is it a view that we have held historically in this country. Going back to 1944, to 1870 and even further, we have said that we believe in diversity of provision. That includes the Church of England and the Catholic Church, but it also includes other faiths. Some of the top-performing schools in the country are Jewish schools or Muslim schools.

Munira Wilson (Liberal Democrat, Twickenham)

I think the right hon. Gentleman thinks I am arguing that we should abolish faith schools. I have not made that argument. He is saying that this is not how we have done things in this country, but since the coalition and before, we have had a 50% faith cap. All the amendment seeks is clarity in legislation that that 50% faith cap will remain in place for any new school that opens. I realise that it was the Liberal Democrats who forced the Conservatives to put the cap in place for free schools, which is probably why the right hon. Gentleman will oppose me. For me, it is about social cohesion and about honouring the fact that we should serve all our communities. I am not opposing the establishment of new faith schools; I am just saying that they should have a cap of 50% on faith-based admissions.

Damian Hinds (Conservative, East Hampshire)

I assure the hon. Lady that on this occasion I am not holding her Liberal Democrat party membership card against her. That is not the basis on which I am making these points.

The hon. Lady said that whatever type of school opens, it should have a 50% cap. By definition, there is no such thing as a VA school with a 50% cap, because being a voluntary aided school means having control over admissions in that way. It is not true that we have necessarily had the 50% cap all the way through; I point to the VA school that opened in her very constituency, and there have been others since then. The reason why only a small handful of VA schools have opened over the past couple of decades is that there was no money for it. To get money to open a school, it had to be a free school.

In 2018-19, the then Secretary of State, fine fellow that he was, created a small capital fund for the voluntary aided schools capital scheme. The reason related to patterns of immigration, particularly Polish and eastern European immigration. In the old days, it was Irish immigration—that is where I come from—but there have been many other waves from different places. As a result of eastern European immigration, there was a demand for Catholic schools in certain parts of the country. Those people, who had come to this country and made their lives here, and of whom there were now generations, were not able to access such schools in the way they could have in other parts of the country. Under that scheme, there were applications from five different faiths; at the time, one was approved and one put on hold. I contend that it is a good system that we have the cap for that tranche of schools—they are not going to be free schools—to retain those safeguards, but it is still possible to open a denominational school, of whichever faith, in circumstances in which there is great need in a particular area.

We talked earlier about local authority areas and their difference in size. Birmingham, which is one massive local authority area, is very different from an individual London borough. For the consideration of faith school applications, it ought to be possible to look over a wider area, because travel-to-school distances are much longer on average.

I want to check with the Minister, the hon. Member for Newcastle upon Tyne North, that the Government’s proposals will not preclude the opening of new voluntary aided schools. I am afraid I must conclude by saying that, for reasons that the hon. Member for Twickenham will understand and that have nothing to do with her party affiliation, I cannot support amendment 48.

Darren Paffey (Labour, Southampton Itchen)

It is a pleasure to serve under your chairship, Sir Christopher. I rise to support clause 51 and to question the nature of the amendments.

The block on new local authority-run schools could only have been introduced for ideological reasons. Its removal is hugely welcome. If one model were of substantially better quality than the other, there might be a basis for such a block, but the facts speak for themselves: that is not the case. There is now a statistically negligible difference between the number of good and outstanding academies and the number of good and outstanding schools of other models, including local authority schools. It is plain for all to see that they are as good as each other, so the argument no longer holds water that one model is worse than the other and that legislation is therefore needed to block it.

I fully relate to the experience mentioned by the hon. Member for St Neots and Mid Cambridgeshire, where the only option is a free school application that then gets shut down. In my Southampton constituency, we put forward an excellent bid—all the advice throughout the process deemed it excellent—for a free special school. We are all painfully aware of the need for extra places for those with special educational needs and disabilities. With a free school application as our only option, we dutifully engaged, only to have that option shut down to us in the end. That pushes the responsibility back on existing schools to expand, entirely at the cost of already cash-strapped local authorities.

The clause is a sensible restoration of parity of esteem between different school models. On the rationale for objections and scrutiny, I have to say that am left a little confused by the Opposition’s positions and arguments. They question the local authority’s being both the regulator and provider of schools. If they do not support that, what is their solution? Is it for the local authority to become redundant and have no role in planning, so we therefore have centralisation back to the Department for Education? Or is it that we continue to prohibit local authority schools from opening, thereby reducing the mixed economy and maintaining their free school presumption, which got us into this situation in the first place?

I am glad that we have clause 51 in the Bill. It is a strong response to a real need. It takes account of the reality of quality and democratic accountability in school place planning and the opening up of schools. It reflects the fact that we have excellent teachers in local authority maintained schools, every bit as much as in other models of school where they choose to work. It opens up opportunities for multiple bids from school providers. That reflects the position set out in the preceding clauses, which is that we want to get back to a position of collaboration, not unbridled competition, in the provision of education for our children.

Catherine McKinnell (Labour, Newcastle upon Tyne North)

I thank the hon. Member for Harborough, Oadby and Wigston for tabling amendment 85. When a local authority thinks that a new school is needed in its area, it will be required to seek proposals for a new school from proposers other than local authorities. That includes academy trusts, as well as other bodies such as charitable foundations and faith bodies. Local authorities will be required to seek proposals for different types of school, including academy schools, foundation schools and voluntary schools.

I appreciate that the hon. Member may be looking for assurance that proposals for new academies will be sought and welcomed as part of the new invitation process. I can absolutely reassure him on that. We are simply ending the presumption that all new schools should be academies and allowing proposals for all types of school, so that the proposal that best meets the needs of children and families in an area is taken forward. All types of schools have an important role to play in driving the high standards that we want to see in every school, so that all children are supported to achieve and thrive.

I thank the hon. Member for Twickenham for tabling amendment 48, which seeks to restrict the proportion of places that can be allocated on the basis of faith to a maximum of 50% for all new schools established following a local authority invitation to establish one. In practice, it would only make a difference to a new voluntary aided foundation and a voluntary controlled school with a faith designation.

I recognise that the hon. Member is seeking to ensure that new schools are inclusive and that all children have access to a good education. That is very much a mission that we share. The Government support the ability of schools designated with a religious character to set faith-based oversubscription criteria. This can support parents who wish to have their children educated in line with their religious beliefs. However, it is for a school’s admission authority to decide whether to adopt such arrangements.

The removal of the legal presumption that all new schools be academies is intended to ensure that local authorities have the flexibility to make the best decision to meet the needs of their communities. Decision makers will carefully consider proposals from all groups and commission the right new schools to meet need and to ensure that every child has the opportunity to achieve and thrive. On that basis, I hope that the hon. Member for Twickenham will not press her amendment.

Clause 51 will end the legal presumption that new schools should be academies. It will require local authorities to invite proposals for academies and other types of school when they think that a new school should be established and will give them the option to put forward their own proposals. The changes will ensure that new schools are opened by the provider with the best offer for local children and families. They will better align local authorities’ responsibilities to secure sufficient school places with their ability to open new schools. We are committed to ensuring that new schools are opened in the right place at the right time, so that all children have access to a core offer of a high-quality education that breaks down the barriers to opportunity.

I turn to hon. Members’ specific questions. There was quite a wide-ranging debate on the amendments, which is typical of this very assiduous Committee. As I 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. As the right hon. Member for East Hampshire said, we have a rich and diverse school system. Our priority is driving high and rising standards so that children can thrive in whatever type of school they are in. We will work in partnership with all types of school, including faith schools, as part of that mission.

Proposers, including faith groups, will be able to put forward a proposal in response to an invitation from the local authority and where the local authority thinks that a new school should be established in the area. As is already the case, faith groups can put forward proposals for a new voluntary or foundation school outside the invitation process, for example where they think that there is a need for particular places to replace an independent school or to replace one or more foundations or voluntary schools that have a religious character.

Neil O'Brien (Conservative, Harborough, Oadby and Wigston)

I beg to ask leave to withdraw the amendment.

Clause 52 - Certain proposals to establish new schools: publication requirements etc

Christopher Chope (Conservative, Christchurch)

With this it will be convenient to discuss the following:

Clauses 53 and 54 stand part.

Schedule 2 stand part.

Clause 55 stand part.

Catherine McKinnell (Labour, Newcastle upon Tyne North)

Clause 52 requires local authorities to publish proposals when they want to open a new maintained nursery school. It also sets out the circumstances in which local authorities or other proposers can publish proposals for other new schools outside of the invitation process described in clause 51.

Local authorities will be able to publish proposals for a new community, community special, foundation, or foundation special school to replace one or more maintained schools, or to establish a new pupil referral unit to replace one or more pupil referral units. They will not be required to follow the invitation process unless they choose to, or they have already launched an invitation process that they could publish the proposals in response to. It also allows other proposers to propose the establishment of a new foundation, voluntary or foundation special school at any time, unless there is a live invitation process that the proposals could be submitted in response to. Local authorities and other proposers will not need to obtain the Secretary of State’s consent before publishing proposals, as they do now in certain circumstances.

The clause also enables regulations to set out the action that local authorities must take to publicise proposals that have been published under these arrangements.

These provisions give local authorities the flexibility to decide which route to establishing a new school is most appropriate when they are replacing an existing maintained school or schools. They also preserve the ability of other proposers to put forward proposals to the local authority for a new school, for example to meet the need for a particular type of place.

Clause 53 applies a restriction on opening new schools under section 28 of the Education and Inspections Act 2006 to pupil referral units, so that pupil referral units can be established only by following the same statutory procedures, introduced by clauses 51 and 52 of the Bill, that apply to other types of school maintained by local authorities. That means that, where a local authority thinks that a new alternative provision should be established, it will be required to invite proposals from proposers for an alternative provision academy, and will be able to decide whether to publish its own proposals for a pupil referral unit to be considered alongside any academy proposals received.

Clause 53, along with clauses 51 and 52, brings pupil referral units within the statutory arrangements for establishing new schools, providing clarity and transparency about the process by which new pupil referral units can be opened, putting them on an equal footing with alternative provision academies, and better aligning a local authority’s responsibility for securing sufficient places with its ability to open new schools.

Clause 54 introduces schedule 2, which amends schedule 2 to the Education and Inspections Act 2006 to ensure that there are clear and fair processes for the consideration and approval of proposals made under sections 7 or 10 of the 2006 Act, as amended by this Bill, for the establishment of new schools.

Where proposals for a new school have been invited, schedule 2 will ensure that any proposals are considered equally, without the preference being given to academy proposals that there is now. This will allow decision makers to select the best proposal that meets the needs of children and families, regardless of the type of school it is.

In situations where local authorities have chosen to put forward their own proposals alongside others, or there are proposals for a new maintained school to have a foundation that the local authority would have a role in, the Secretary of State will make the decision, to ensure a fair, unbiased outcome.

Schedule 2 also requires the local authority to refer any proposal to the Secretary of State that has not yet been determined, providing an effective backstop in case of concerns over any decision making or delay. Where a local authority put forward proposals outside of an interpretation process, or if there is a proposal outside the process where the authority would be involved in the proposed school’s foundation, they will be required, as now, to refer the proposal to the schools adjudicator for decision.

Schedule 2 makes it clear that, before approving proposals for an academy, a local authority must consult the Secretary of State and seek confirmation that she would, in principle, be willing to enter into a funding agreement for that academy. That mirrors current arrangements and ensures that local authorities can be provided with all relevant information from the Department for Education on an academy trust making a proposal.

Clause 55 puts in place transitional arrangements for moving from the current arrangements for establishing new schools to the new arrangements. Where proposals for a new school have been sought by a local authority or published by a proposer or a local authority under the existing provisions under the Education Inspections Act 2006, and a decision on those proposals has not yet been made by the time the new provisions come into effect, the new arrangements will not apply and the proposals will be determined under the old arrangements. The clause also allows consultation that has been carried out under the requirements of the existing provisions of the 2006 Act, and before the new requirements come into force, to satisfy the requirements to consult under the amended provisions.

These transitional arrangements provide clarity for local authorities and proposers as they move to the new arrangements. They ensure that proposals that have been sought or published under the current arrangements can be determined under those arrangements. They avoid duplication of effort by allowing consultation that has taken place before the new arrangements come into effect to meet the requirements of the new arrangements, where appropriate. I commend the clauses to the Committee.

Clause 56 - Power to make consequential provision

Christopher Chope (Conservative, Christchurch)

With this it will be convenient to discuss the following:

Clauses 57 and 58 stand part.

Amendment 11, in clause 59, page 115, line 18, at end insert—

“(2A) Section (Abolition of common law defence of reasonable punishment) comes into force at the end of the period of twelve months beginning with the day on which this Act is passed.”

This amendment is consequential on NC10.

Clauses 59 and 60 stand part.

Catherine McKinnell (Labour, Newcastle upon Tyne North)

Clause 56 contains a provision for the Secretary of State to make changes consequential on the provisions of the Bill to other legislation, as well as to existing primary legislation. It has been drafted to allow the Secretary of State to make consequential changes to other Acts preceding this Bill or those that are passing before Parliament in this Session. It is always possible that necessary changes to legislation may be identified after a Bill’s passage. Given the breadth of legal areas that the Bill covers, it is prudent to provide a failsafe should anything have been missed. Without one, there is a risk to the coherence of the legislative landscape that the Bill creates. The clause sets out that regulations making changes to primary regulation are subject to the affirmative procedure, and that those making changes to other legislation are subject to the negative procedure.

Clause 57 contains a financial provision necessary to the provisions of the Bill that require expenditure. It sets out the expectation that Parliament will fund any expenditure and any future increase in it incurred by the Secretary of State in relation to this Bill.

Clause 58 sets out the territorial extent of the provisions in the Bill. It is a standard clause for all legislation. As the Committee is aware, Westminster does not normally legislate on devolved matters without the consent of the relevant devolved Governments. However, there are no provisions of this Bill that engage that process.

Clause 59 sets out when the provisions in the Bill come into force. The general provisions on extent, commencement and the short title come into force on the day of Royal Assent. Subsection (2) sets out the provisions that will come into force two months after the Bill is passed. All the provisions will come into force on a day or days to be appointed by the Secretary of State through regulations. Those regulations may appoint different days for different purposes or different areas. The Secretary of State may also make regulations that provide for transitional or saving provision in connection with commencement.

Clause 60 provides that the short title of the Bill will be Children’s Wellbeing and Schools Act 2025. For the reasons outlined, I commend the clauses to the Committee.

On new clause 10, I am grateful for the opportunity to discuss removing the common law defence of reasonable punishment. Keeping children safe could not be more important to the Government. We are already taking swift action through these landmark reforms to children’s social care. It is the biggest overhaul in a generation. The Government are committed, through our plan for change, to ensuring that children growing up in our country get the best start in life through wider investment in family hubs and parenting support. This landmark Bill puts protecting children at its heart.

To be absolutely clear, the Government do not condone violence or the abuse of children, and there are laws in place to protect children against those things. Child protection agencies and the police treat allegations of abuse very seriously. They will investigate and take appropriate action, including prosecution, where there is sufficient evidence of an offence having been committed. Local authorities, police and healthcare professionals have a clear duty to act immediately to protect children if they are concerned that a child is suffering, or is likely to suffer, significant harm.

This Bill will put children’s future at the centre of rebuilding public services, requiring higher standards for all children in need of help and protection. It is a key step towards delivering the Government’s opportunity mission to break the link between a young person’s background and future success.

We do not intend to legislate on the defence at this stage, but we will review the position when we have evidence from Wales of the impact since it was removed. Wales will publish its findings by the end of 2025 and we will look at them carefully. We recognise that parents have different views and approaches to disciplining their children. We need to consider their voices, and those of the child, trusted stakeholders and people who might be disproportionately affected by the removal of the defence, in making any decisions.

Let us also be clear: those children who have been abused or murdered by their parents would not have been covered by the defence of reasonable punishment. Crown Prosecution Service guidance is very clear about what is acceptable within the law to justify reasonable punishment.

The Bill introduces many measures to keep children safe—for example, requiring local authorities to have and maintain children not in school registers; improving information sharing between agencies; making sure that education and childcare settings are involved in local safeguarding partnerships; and making it a requirement for every local authority to have multi-agency child protection teams. Nationally, we are rolling out the vital multi-agency family health and child protection reforms through the Families First partnership programme from April 2025, and we are delivering parenting support through our family hubs programme in several local authorities.

The protection of children is critical. The Bill takes important steps to improve safeguarding. On that basis, I invite the hon. Member for North Herefordshire not to press the new clause.

On amendment 11, I appreciate what the hon. Member has set out in relation to having a delayed implementation for the removal of the defence of reasonable punishment. As I mentioned in response to new clause 10, we do not intend to legislate at this stage, but we will wait for Wales to publish its impact report on removing the defence, which is due at the end of 2025. We will look at the evidence of the potential impact before making such a significant legislative change. When we review the position, we will ensure that due thought and consideration are given to ensuring that there is an appropriate implementation period. On that basis, I invite her not to press the amendment.

Neil O'Brien (Conservative, Harborough, Oadby and Wigston)

I rise to speak only to clause 56, which is a big old Henry VIII power. I am sure that their lordships will want to explore it in detail. In the interests of time, I have not tabled an amendment to it at this stage and I will not go into lots of detail, but it is always important to note such things. It is no small thing to give the Government the power to amend primary legislation without coming back to the House. Of course, there are certain limits to what they could do by means of such measures, but it is a big deal.

I place it on the record that the Minister will be well aware of some of the concerns about the clause that are coming to us from civil society. I am sure that she will have seen the comments from Jen Persson, the director of Defend Digital Me, on the information powers in the Bill. When we make laws in this way, it relies on someone noticing and raising an objection to Parliament to get any kind of democratic debate, and we can only stop such things in hindsight.

As the Minister will know, Defend Digital Me has put forward 30 different areas and proposals that it has concerns about, particularly on the information side. On previous clauses, we debated the constant unique identifier and eventually using the NHS number for that, and other things that we have objected to, such as the requirement to give information about how much time a home-schooled child is spending with both parents.

I will not reconsider all the debates that we have already had, but all those important decisions will potentially be in the scope of this Henry VIII power. I am keen to move on to the new clauses, so I will not go any further now, but I am sure that the Government will receive lots of probing questions on this point as the Bill moves to the other place.

Munira Wilson (Liberal Democrat, Twickenham)

I rise to speak in support of new clause 10, adding the Liberal Democrats’ support for putting equal protection into law for children. I do not understand why we would have a different level of protection for adults versus children. They are the most vulnerable children in our society. The Children’s Commissioner and the National Society for the Prevention of Cruelty to Children have been very clear that children should be protected. This is not seeking to interfere with parents in terms of how they discipline their children; it is about protecting our most vulnerable. The Children’s Commissioner has strongly called for this, particularly in the wake of the tragic case of Sara Sharif.

I really hope, when the Minister says that the Government will actively look at this during this Parliament, that that is the case. I suspect that there are Members in all parts of the House—I note that the new clause has cross-party support—who will continue to press her on this matter, because it is a basic issue of children’s rights and equal protection in law.

Ellie Chowns (Green, North Herefordshire)

It is a pleasure to serve under your chairmanship, Sir Christopher. I rise to speak to demonstrate the cross-party support that has already been referred to for new clause 10 and consequential amendment 11 in the name of the hon. Member for Lowestoft (Jess Asato), and I would like to start by congratulating and thanking her for her important work on this issue over many years.

Giving children equal protection from assault cannot happen soon enough. Although we tabled amendment 11 as a probing amendment, I cannot urge the Government strongly enough to grasp this opportunity, in this Bill on children’s wellbeing, to take this forward and put it into law.

Taking the essential step of giving children equal protection from assault has very widespread support not only among the general public, but among all sorts of organisations that advocate and work on behalf of children, including the NSPCC, the Royal College of Paediatrics and Child Health, the Parenting and Family Research Alliance and the Children’s Commissioner, to name just a few. We heard from the Children’s Commissioner herself in oral and written evidence just how strongly she feels about this matter. I share her view that it is totally unacceptable that in 2025, children have less protection from assault under English law than adults do. The existence of the “reasonable punishment” defence perpetuates ambiguity in the law. It leaves children exposed to potential harm and undermines efforts to safeguard their wellbeing. New clause 10 would remove this outdated defence and provide clarity, consistency, and equal protection for children under the law.

The Minister talked about wanting to wait until we have evidence from Wales, and of course, as she acknowledges, it is only in England and Northern Ireland that children do not have this protection. Scotland and Wales have already passed legislation on this matter—indeed, Scotland did before Wales, in 2020. The Minister mentioned waiting for evidence to come from Wales as to the impact of this. There is very clear evidence—worldwide, in fact—on the benefits of giving children the same protection from violence as adults. I believe there are 65 countries worldwide that give that protection, and there are decades of evidence on that topic. I am sure she has received that evidence and I warmly invite her to peruse it very carefully.

Many studies show that physical punishment is not only ineffective at managing children’s behaviour, which is what some parents may intend, but actively harmful. It is associated with increased behavioural problems, increased risks of mental health issues and increased risks of more serious assault. The current, grimly outdated legal framework complicates the matter of addressing improving safeguarding efforts and makes it harder for professionals to assess and effectively address risks to children. The Minister referenced the roles of professionals in safeguarding children, and there is significant testimony from those professionals about how unhelpful this ambiguity in the law is. Fundamentally, there is an inequality here. If an adult hits an adult, it is assault; if an adult hits a child, they can claim the defence of reasonable punishment.

New clause 10 would establish the clear principle that assault is never justifiable and align English laws with international human rights standards, including the UN convention on the rights of the child. As I have mentioned, the success of similar legislation in Scotland and Wales provides a compelling precedent in our country. Indeed, in Scotland the introduction of the Children (Equal Protection from Assault) (Scotland) Act 2019, which was led by my colleague, the former MSP John Finnie, contributed to a national dialogue on non-violent approaches to parenting. It also prompted the development of additional practical resources to help parents and caregivers to embrace positive parenting approaches, so it was very constructive.

New clause 10 is not complicated. Removing the current disparity between the protection in law of adults and children is about putting children first. A child’s right to equal protection from assault comes before a parent’s ability to potentially use a claim of reasonable punishment to defend themselves against a charge of assault. By removing ambiguity and aligning our legislation with international standards and with the evidence, the new clause would underscore our commitment to ensuring every child’s right to safety and equal protection.

I want to pick up one final point that the Minister made. She said we have laws in place to protect children against violence, but the point is that we do not have equal laws in place to protect children against violence. Why should children have less protection than adults? I strongly urge the Government to consider the new clause carefully and to look to incorporate it into the Bill.

Catherine McKinnell (Labour, Newcastle upon Tyne North)

I will respond initially to the question raised by the hon. Member for—

Neil O'Brien (Conservative, Harborough, Oadby and Wigston)

Harborough, Oadby and Wigston. “Harborough” is fine.

Catherine McKinnell (Labour, Newcastle upon Tyne North)

On clause 56, it is always possible that necessary changes to legislation might be identified through a Bill’s passage. As I said, it is therefore prudent to have a failsafe should anything have been missed. This power is limited and narrow: it can be used only to make amendments that are consequential on the Bill’s provisions, which will be voted on, and it is in line with usual practice.

Regulations made under the power that amend or repeal any provision in primary legislation will be subject to parliamentary scrutiny. We have carefully considered the power, and we believe that it is entirely justified in this case. It is needed to ensure that we are able to deal with the legislative consequences that may flow naturally from the main provisions and ensure that other legislation continues to work properly following the passage of the Bill.

Damian Hinds (Conservative, East Hampshire)

Will the Minister allow me?

Catherine McKinnell (Labour, Newcastle upon Tyne North)

Well—yeah.

Damian Hinds (Conservative, East Hampshire)

I have never been so warmly welcomed. [Laughter.] We talked a few sittings ago about the NHS number and the database of children, and there are a lot of wide-open questions about the scope of that. Is that all children? How will it be used? In turn, that could potentially affect a lot of other pieces of legislation.

Bearing in mind the massive controversies we have had in this country in the past over ID cards, privacy and so on, will the Minister write to the Committee setting out specifically what some of the issues in relation to that might be? We do not want find ourselves having agreed to do something that we did not realise we were agreeing to do.

Catherine McKinnell (Labour, Newcastle upon Tyne North)

I think I can assure the right hon. Gentleman that that is not the case. The inclusion of similar powers is common and well-precedented in legislation. Powers to make consequential amendments can be found in several other Government Bills, such as the Renters’ Rights Bill and the Employment Rights Bill, as well as in Acts presented under the previous Administration, such as the Health and Care Act 2022, which I am sure the right hon. Gentleman is fully supportive of.

I turn to new clause 10 and the contributions from hon. Members. I absolutely appreciate the case that is being made, which is why we are open-minded on the issue, but we do not intend to bring forward legislation imminently. The hon. Member for North Herefordshire spoke about the successful implementation in Wales. I am interested in how she knows that to be the case, because we are awaiting the publication of the impact assessment. We are very keen that legislation is evidence-based and has its intended effect. That is why we are waiting for the evidence that will come from Wales.

The hon. Member mentioned a number of international examples. I have an example from New Zealand, which removed the reasonable punishment defence in 2007. Data suggests that 13 cases were investigated between 2007 and 2009, with one prosecution. It is important that we look at how this measure works within the context of each country that it is applying it. Obviously, we will look very closely at the implementation in Wales—the impact it has and the difference it makes—and will also then look at how that will apply specifically within an England context before proceeding with legislation.

Ellie Chowns (Green, North Herefordshire)

There are two points that I would want to make. Is the Minister really arguing that whether we should protect children from violence depends on whether an impact assessment shows that there are a certain number of prosecutions or whatever? Is this not about the fundamental equality of protecting children in the same way that we give adults legal protection against assault?

Secondly, the impact of giving that equal protection is surely not something that should be measured in the sense of how many prosecutions there have been over how many years. This is not about getting more prosecutions; it is about shifting the culture as a whole to recognise that there is no justification for violence against children—none.

Catherine McKinnell (Labour, Newcastle upon Tyne North)

Keeping children safe could not be more important, and it could not be a greater priority for this Government. The question is how that is best achieved. That is the evidence that we are awaiting from Wales—to see how impactful the change made there has been.

I will give another example, from the Republic of Ireland, which removed the reasonable punishment defence in 2015. There is limited data on the impact, but a poll in 2020 suggested that a relatively high acceptance of slapping children remained.

Absolute clarity and an evidence-based approach is what the Government seek to take. That is why, within this legislation, we have absolutely prioritised real, tangible measures, which we can put into practice without delay, to significantly improve the chances of any harm coming to children being minimised. I listed those measures in my opening response on this clause. As the law stands, quite frankly, any suggestion that reasonable punishment could be used as a defence to serious harm to a child, or indeed death, as has been asserted, is completely wrong and frankly absurd.

Ellie Chowns (Green, North Herefordshire)

The Minister cited an example from Ireland. I do not think anybody is arguing that abolition of the defence of reasonable punishment will, in and of itself, stop all violence against children, but we are arguing that it is an important component of what must be done to stop violence against children. The Children’s Commissioner and all the other people I have cited have made very powerful arguments to that effect. Professionals working in the sector have talked about how the ambiguity of the current law is actively unhelpful to them in offering support and intervention to families in which this might be an issue.

Going back to the point about needing to wait for an impact assessment, does the Minister think there is any universe in which it could be more beneficial for children to keep the defence of reasonable punishment than it would be to abolish it? Surely it is logical to expect that ensuring equal protection for children will move things in a better direction, alongside all the family support required to make a sustainable long-term change.

Catherine McKinnell (Labour, Newcastle upon Tyne North)

As I have said, we need to wait and look at the evidence before making such a significant legislative change. The protection of children is critical. The Bill takes significant steps to improve safeguarding. The context in England is different from Scotland and Wales. Therefore, the changes would need to be considered very carefully in the light of the evidence and how they would tangibly impact the protection of children in England. We are awaiting the impact assessment and will take action accordingly.

Abusive parents are caught under the existing legislative framework. The challenge in this area is that parenting is complex. I can attest that it is one of the most difficult jobs anyone can do. Parents know their children, and they want to get it right with their children. As the hon. Member for North Herefordshire acknowledges, parenting programmes and support is what we are focused on. We are putting in place support for parents to be good parents, because that is what the vast majority want to be. When that is not their intent, there are laws in place to prevent harm from coming to children. I absolutely accept the arguments being put forward today. We have an open mind and will look at the evidence and take a very careful approach to this. I commend the clause to the Committee.

Clause 59 - Commencement

Christopher Chope (Conservative, Christchurch)

I call the Minister to move amendment 93 to clause 59 formally.

Catherine McKinnell (Labour, Newcastle upon Tyne North)

Are you sure?

Christopher Chope (Conservative, Christchurch)

It is on the amendment paper—it is there for all to see. We debated it in a previous group, and I presume the Government now want to support it. If everybody is happy, I will call the Minister to move amendment 93 formally.

New Clause 6 - Care leavers not to be regarded as becoming homeless intentionally

Catherine McKinnell (Labour, Newcastle upon Tyne North)

I beg to move, That the clause be read a Second time.

As I am sure colleagues will be all too aware, homelessness levels are far too high. Homelessness can have a devastating impact on those affected. The Government are determined to address that and deliver long-term solutions to get us back on track to ending homelessness. Care leavers are particularly vulnerable to becoming homeless, with the number of care leavers aged 18 to 20 becoming homeless rising by a shocking 54% in the past five years. Young care leavers are also more likely to be found to have become intentionally homeless by local authorities, meaning that local authorities are not required to secure them settled accommodation.

Catherine Atkinson (Labour, Derby North)

Become, the charity for children in care and young care leavers, strongly welcomes the new clause, as does the YMCA, which supports around 1,000 care leavers a year with housing.

In its written evidence to the Committee, Become pointed to a freedom of information request that it submitted to all tier 1 local authorities in England last year, which showed real variation in whether they disapplied homelessness intentionality assessments for care leavers. Become provided examples of hearing from care-experienced young people who have been assessed as intentionally homeless for moving away to university, not keeping in touch with their personal advisers or turning down offers of accommodation that was not appropriate for them. That contradicts local authorities’ duties as corporate parents, and contributes to the disproportionate risk of homelessness that care-experienced young people are subject to.

I thank Become for its evidence, which provides powerful insight and an argument in support of the new clause. I hugely welcome it being added to the Bill.

Damian Hinds (Conservative, East Hampshire)

Will the Minister confirm that the new clause will also apply to the small group of young people who are leaving the young justice system and returning to their home area?

Darren Paffey (Labour, Southampton Itchen)

Briefly, I warmly welcome the new clause. Colleagues will be aware of my interest in this area. From years of working alongside those who fall foul of laws and principles on paper that they never see, but that make a material difference to their lives and outcomes, I know that this will be a positive change. It builds on years of work, including not only the work of various charities already mentioned by my hon. Friend the Member for Derby North, but the work of my hon. Friend the Member for Whitehaven and Workington (Josh MacAlister) and no doubt countless others, and will be warmly welcomed. I am excited to be able to report to those in my constituency on the work of this Government in making sure that care leavers have better outcomes. I look forward to working with Ministers in the future to work out how we can get from this point to other areas that will make a positive material difference to their lives.

Catherine McKinnell (Labour, Newcastle upon Tyne North)

I thank hon. Members for their contributions, and absolutely agree on the importance of this measure and the difference it will make to children and young people as they move into the sometimes challenging transition to adulthood, having experienced care and on leaving care.

Tom Hayes (Labour, Bournemouth East)

I was struck by recent data that shows that care leavers are particularly vulnerable to homelessness, as we have heard in this Bill Committee. Latest Government data show that the numbers of care leavers aged between 18 and 20 becoming homeless have increased by 54% over the past two years. Can the Minister outline how this very welcome measure will enhance and strengthen joint working between the children’s and housing departments, and outline a bit more some of the impacts of homelessness on care-experienced people and care leavers?

Catherine McKinnell (Labour, Newcastle upon Tyne North)

My hon. Friend makes an important point. It is worth looking at the data: in 2023-24 there were up to 410 households that included a care leaver who was found to be intentionally homeless. We appreciate that disapplying the intentional homelessness test means that local authorities will have much greater scope and ability to work with these young people and to support them into a more secure adult life. That clearly involves having a secure home, so I hope that hon. Members are willing to support this clause.

New Clause 57 - Pay and conditions of Academy teachers

New Clause 1 - Implementation of the recommendations of the Independent Inquiry into Child Sexual Abuse

Munira Wilson (Liberal Democrat, Twickenham)

I beg to move, That the clause be read a Second time.

I rise to speak to the new clause, tabled in my name and in the name of a number of my colleagues. Briefly, it goes without saying that, on all sides of the House, we are horrified by child sex abuse and what Professor Alexis Jay uncovered through her seven-year-long investigation. We are also horrified that so little progress has been made to date in implementing the 20 recommendations she set out. The new clause therefore seeks to create a legislative commitment, with clear timescales and regular reporting to Parliament, on progress in implementing that report. It is an attempt to approach the issue constructively.

I was disappointed, to put it mildly—in fact, pretty outraged—that Conservative colleagues sought to weaponise the issue on Second Reading to try to kill off the entire Bill. I hope that this is a much more constructive approach. However, I recognise that shortly after my tabling the new clause following Second Reading, the Government made further announcements, including that Baroness Casey will undertake a rapid review and that they will be setting out a timetable.

On that basis, I am happy to withdraw the new clause, but my party and I will continue to hold the Government’s feet to the fire. These girls have been abused, and I am in no doubt that the abuse is ongoing. That needs to be tackled, and justice needs to be served, so I hope that the Government will implement the recommendations and set out a clear timescale.

Ellie Chowns (Green, North Herefordshire)

I rise to speak in support of the new clause, while recognising what the hon. Lady who tabled it has just said. In doing so, I am particularly mindful of a constituent of mine who came to see me in January to tell me that she had given evidence to the independent inquiry into child sexual abuse. Frustrated does not even cover how she felt—she was incredibly upset at the lack of progress on implementation under the previous Government, and she was frustrated to find that progress now is still not fast enough.

We have a huge responsibility to all who suffer child sexual abuse, and in particular to those who have been brave enough to come forward and give evidence, trusting that that evidence would help to make changes. I hope that the Minister can clarify timetables for implementation.

Catherine McKinnell (Labour, Newcastle upon Tyne North)

As the Prime Minister has made clear, we are absolutely focused on delivering justice and change for the victims on this horrific crime. On 6 January, the Home Secretary outlined in Parliament commitments to introduce a mandatory duty for those engaging with children to report sexual abuse and exploitation, to toughen up sentencing by making grooming an aggravating factor and to introduce a new performance framework for policing.

On 16 January, the Home Secretary made a further statement to the House that, before Easter, the Government will lay out a clear timetable for taking forward the 20 recommendations from the final IICSA report. Four of those were for the Home Office, including on disclosure and barring, and work on those is already under way. As the Home Secretary stated, a cross-Government ministerial group is considering and working through the remaining recommendations. That group will be supported by a new victims and survivors panel.

The Government will also implement all the remaining recommendations in IICSA’s separate, stand-alone report on grooming gangs, from February 2022. As part of that, we will update Department for Education guidance. Other measures that the Government are taking forward include the appointment of Baroness Louise Casey to lead a rapid audit of existing evidence on grooming gangs, which will support a better understanding of the current scale and nature of gang-based exploitation across the country, and to make recommendations on the further work that is needed.

The Government will extend the remit of the independent child sexual abuse review panel, so that it covers not just historical cases before 2013, but all cases since, so that any victim of abuse will have the right to seek an independent review without having to go back to the local institutions that decided not to proceed with their case. We will also provide stronger national backing for local inquiries, by supplying £5 million of funding to help local authorities set up their own reviews. Working in partnership with Tom Crowther KC, the Home Office will develop a new effective framework for victim-centred, locally led inquiries.

This landmark Bill will put in place a package of support to drive high and rising standards throughout our education and care systems, so that every child can achieve and thrive. It will protect children at risk of abuse and stop vulnerable children falling through the cracks in service. I acknowledge that the hon. Member for Twickenham is content to withdraw her new clause, and thank her for that. Allowing this Bill’s passage will indeed go a long way to supporting the young people growing up in our system and to protect them from falling through the cracks that may leave them vulnerable to this form of abuse. Indeed, across Government, we will continue to work to take forward the recommendations and to reform our system so that victims get the justice they deserve.

Munira Wilson (Liberal Democrat, Twickenham)

I beg to ask leave to withdraw the motion.

New Clause 2 - Provision of free school lunches to all primary school children

Ellie Chowns (Green, North Herefordshire)

I beg to move, That the clause be read a Second time.

New clause 2 would extend the provision of free school lunches to all primary school children, from year 2 up to year 6. It was tabled in the in the name of the hon. Member for Stroud (Dr Opher)—I thank him for his work on this—and has been supported by 43 hon. Members across the House. In addition to this high level of support from MPs, the No Child Left Behind campaign, which underpins new clause 2, is backed by more than 250 civil society leaders, from unions to charities, from medical bodies to faith leaders, and from mayors to councils. This widespread backing is unsurprising, because the case for universal free school meals is, in fact, overwhelming.

Let us start with the need, which is acute. I am sure colleagues remember how during the pandemic Marcus Rashford ignited the campaign for free school meals, pointing out that we could fill 27 Wembley stadiums with the 2.5 million children who were struggling to know where their next meal was coming from—a shocking indictment.

That shameful legacy of child poverty from the last Government continues, with hunger in schools still endemic. University of Bristol research shows that one in five schools runs a food bank. That figure, I am told, is higher than the total number of community food banks being operated outside schools by organisations such as the Trussell Trust and the Independent Food Aid Network.

The National Education Union explained that its members see the struggles of children in poverty every day. Some 80% of teachers asked said that they had provided food for hungry children out of their own pockets—is that not extraordinary? One of those teachers said:

“So many of our children arrive tired and hungry. I find the issue with food so awful. I stock my school kitchen every week with fruit, cereal, milk, biscuits...the number of children who pop in to see me and then ask for food has grown over the last two years. It is heart-breaking.”

It truly is.

New clause 2 is therefore a probing amendment to make the case for a universal approach as the best policy response for three key reasons. First, it is immediately good for children. Secondly, it is an effective long-term investment. Thirdly, it is basically just efficient. I will briefly explore those arguments.

Universal provision is good for children; it immediately helps children to learn, grow and thrive in school. For example, we have recently had the roll-out of free school meal provision to all children attending primary state schools in London. Initial research evaluating that roll-out, which was published a couple of months ago, found that the policy helped with children’s readiness to learn and ability to concentrate. It helps children to do what they are supposed to be doing in schools—learning.

The Department for Education evaluation of the pilot undertaken by the last Labour Government found that pupils in schools where all children received free school meals made four to eight weeks’ more progress in maths and English over two years. That is an extraordinary improvement in progress. In that pilot, the poorest children were those who made the most progress, reducing the attainment gap. In areas with means-tested provision, the effect on attainment was negligible, so we have strong evidence for the benefits of universality.

Munira Wilson (Liberal Democrat, Twickenham)

Briefly, I very much support the ambition in this new clause. After all, it was the Liberal Democrats, in Government, who introduced universal infant free school meals; we have always had the long-term ambition of extending that to all primary school children. However, I recognise the cash-constrained environment that the Government are operating in. That is why, when we get to it, I will be speaking to new clause 31, which looks at increasing the eligibility for children to receive free school meals. However, I want to put on the record that we do support the intent of this provision in the long term, for all the reasons the hon. Lady has just laid out.

Stephen Morgan (Labour, Portsmouth South)

It is a pleasure to serve under your chairmanship, Sir Christopher. I turn to new clause 2, tabled by my hon. Friend the Member for Stroud (Dr Opher), on the important topic of expanding eligibility for free school meals, specifically universal provision, which the hon. Member for North Herefordshire has moved today.

Under the current programmes, all pupils in reception, year 1 and year 2 in England’s state-funded schools are entitled to universal infant free school meals. That benefits around 1.3 million children, ensuring that they receive a nutritious lunch-time meal. In addition, 2.1 million disadvantaged pupils—24.6% of all pupils in state-funded schools—are eligible to receive benefits-based free school meals. Another 90,000 16 to 18-year-old students in further education are entitled to receive free school meals on the basis of low income. Those meals provide much-needed nutrition for pupils and can boost school attendance, improve behaviour and set children up for success by ensuring that they can concentrate and learn in the classroom and get the most out of their education.

In total, we spend over £1.5 billion on delivering free school meal programmes. Eligibility for benefits-based free school meals drives the allocation of billions of additional pounds of disadvantage funding. The free school meal support that the Government provide is more important than ever, because we have inherited a trend of rising child poverty and widening attainment gaps between children eligible for free school meals and their peers.

Lizzi Collinge (Labour, Morecambe and Lunesdale)

Does my hon. Friend agree that the value of school meals is much more than the nutrition that they give, and even more than children’s educational achievement when they are properly fed? It is also about building a set of behaviours, a sense of community and an ability to interact with others. It is absolutely vital that when children sit down for a school meal or a packed lunch, that is part of their social development.

Stephen Morgan (Labour, Portsmouth South)

I know my hon. Friend is a real champion of children and young people in her constituency, and she is absolutely right. When I visit schools across the country, I see the benefits of school meals. Not only do children sit and eat together, but they learn how to use a knife and fork. She is absolutely right to point out the wider benefits that the free school meal programme brings.

The number of children in poverty has increased by over 700,000 since 2010, with more than 4 million now growing up in low-income families. We are committed to delivering on our ambitious strategy to reduce child poverty by tackling its root causes and giving every child the best start in life.

Tom Hayes (Labour, Bournemouth East)

So eager am I to find out which schools in my area are the early adopters that I am currently on a little coach trip around all of them. I have visited four in the last seven days, and I have spoken to people about their experiences and aspirations under this Labour Government. It is brilliant to speak to teachers who now feel that there is light at the end of the tunnel—teachers who have held on for so long in recent years, hoping things will get better. With a change of Government, they now have a change of education policy, and the provision of free breakfast clubs is a true indicator of that.

Teachers say that they want to go further and faster with the provision of breakfast clubs, but they also realise that they need to take time to get it right. Although I obviously welcome the intent of my hon. Friend the Member for Stroud, I believe that moving forward with free breakfast clubs and free school lunches could put too great a strain on schools at this point, because I recognise that the roll-out of free breakfast clubs is restricted to early adopters in the first phase.

Stephen Morgan (Labour, Portsmouth South)

I know my hon. Friend is a real champion of children and young people in his constituency, and of the Government’s ambitions on breakfast clubs. I hope that he will work closely with schools in his constituency as we roll out breakfast clubs in his patch and, indeed, across the country. He makes a number of really important points about the vital need to get the infrastructure in place for free school meals. We know that that is some of the learning from the work that the London Mayor has been doing.

Damian Hinds (Conservative, East Hampshire)

I want to ask the Minister about two things. First, he talks about the disadvantage gap widening at the present time. Entirely coincidentally, I happen to have the numbers on key stage 2 and key stage 4. Of course, there are different ways that we can measure these things. I am looking at what is known as the “disadvantage gap index” for key stage 2 and key stage 4. I would be interested to know what definition he is using, from which he concludes that the Government inherited a widening disadvantage gap.

The second thing I want to ask him about is free school meal eligibility. We all absolutely recognise the value of free school meals. The Minister mentioned some of the extensions of eligibility that happened under the previous Government. The one that he did not mention was universal credit transitional protection. Even though unemployment came down from 8% to 4.5%, and the proportion of people in work but on low pay halved as a result of the increase to the national living wage, eligibility for free school meals went up, so the incoming Government have inherited one in three children being able to get a free school meal, as opposed to one in six when Labour were last in government. Notwithstanding this new clause, which the Government will not accept, what will they do to make sure that the same number of children as now can continue to get a free school meal?

Stephen Morgan (Labour, Portsmouth South)

I am referring to a persistently high disadvantage gap. I will point out that this Government take child poverty extremely seriously. It is a stain on our society. That is why I am so proud that this new Labour Government have introduced a child poverty taskforce led jointly by the Secretary of State for Education and the Secretary of State for Work and Pensions. We will end child poverty. It is a stain on our society, and we are committed to making sure that we do everything we can and are publishing a strategy in due course.

With regard to transitional protections, I say to the hon. Member for North Herefordshire that my Department recognises the vital role played by free school meals and encourages all eligible families that need support to take up that entitlement. To make it as easy as possible to receive free school meals, we provide an eligibility checking service. On transitional protections specifically, we will provide clarity to schools on protections ahead of the current March 2025 end date.

The new ministerial taskforce has been set up to develop a child poverty strategy, which will be published in spring 2025. The taskforce will consider a range of policies, including the provision of free school meals, in assessing what will have the biggest impact on driving down rates of child poverty.

I appreciate the continued engagement of my hon. Friend the Member for Stroud on the issue of expanding free school meal provision to more pupils and on school food more broadly. He has raised concerns about obesity in particular and will be aware that the school food standards, which other Members have mentioned, apply to all food and drink served on school premises and, crucially, restrict foods high in fat, salt and sugar.

We are taking important measures through the Bill to ensure that the standards apply consistently across all state-funded schools. We are also clear that breakfast clubs are in scope of the standards. We recognise how important this issue is and want to ensure that free school meals are being delivered to the families that most need them. However, given the funding involved, that must be considered through the child poverty taskforce and the multi-year spending review. We remain committed to ensuring that school food is prioritised within Government. That is most clearly demonstrated through our breakfast clubs manifesto commitment, aimed at state-funded primary school pupils, which we are working hard to deliver.

Ellie Chowns (Green, North Herefordshire)

I welcome what I believe I heard: that the Minister maintains a relatively open mind on this question and will continue to look into it. He said that the effectiveness of the free school meal policy would be evaluated in the light of whether it was an effective mechanism for tackling child poverty. I want to re-emphasise that my arguments are not just about impact on child poverty. In considering expansion of free school meals, will he evaluate their effectiveness in terms of the full range of their potential benefits—not just the impact on child poverty, but health benefits, wider economic benefits and so on?

Stephen Morgan (Labour, Portsmouth South)

As with all Government programmes, we will keep our approach under review and learn from what the evidence and data tell us. I can assure the hon. Lady that I met with a number of stakeholders, including the London Mayor, to understand the impact that the roll-out in London is having on not only household incomes, but children’s outcomes.

The hon. Member for North Herefordshire asked about specific points on the school food standards. It is important that children eat nutritious food at school. The school food standards define which foods and drinks must be provided and which are restricted. They apply to food and drink provided to pupils on school premises and during the extended school day up to 6 pm. As with all Government programmes, we will keep our approach to school food under continued review.

The hon. Member for North Herefordshire asked about the sustainable sourcing of food. This Government’s ambition is to source half of all food served in public sector settings from local producers or from growers certified to meet higher environmental standards where possible. We have committed to supporting schools to drive up their sustainable practices on food. Schools can voluntarily follow the Government’s buying standards, which include advice around sustainable sourcing. We mentioned earlier the Mayor of London’s roll-out of universal free school meals, and we are looking closely at evaluations and new evidence emerging from the scheme, including Impact on Urban Health’s recent evaluation. I have met with those stakeholders and heard of their experience of participating in the programme.

Finally, on whether the free school meals offer is more generous from devolved Administrations than in England, education, including free school meals policy, is a devolved matter. In England, we spend over £1.5 billion annually delivering free school meals to almost 3.5 million pupils across primary, secondary and further education phases. As with all Government programmes, we keep eligibility and funding for free school meals under review.

Ellie Chowns (Green, North Herefordshire)

I thank the Minister for his response. As I said at the start, I tabled this as a probing amendment and I beg to ask leave to withdraw the clause.

New Clause 3 - Reporting of local authority performance regarding EHC plans

Ian Sollom (Liberal Democrat, St Neots and Mid Cambridgeshire)

I beg to move that the clause be read a Second time.

I am moving new clause 3 on behalf of my hon. Friend the Member for Chelmsford (Marie Goldman). The Children and Families Act 2014 sets out timeframes for local authorities to decide whether to do an education, health and care plan needs assessment, and then for the resulting education, health and care plan to be issued. Local authorities have six weeks from application to decide whether to carry out an EHCNA, and a total of 20 weeks from application to issue an EHCP. Across England in 2023, however, only 50.3% of EHCPs were issued within that statutory 20-week deadline. Some places perform much worse than that—in Essex, only 0.9% were issued within the 20-week deadline.

New clause 3 is about reporting that. Transparency is a first key step in accountability, so publishing local authorities’ performance in relation to those statutory deadlines is the aim of the amendment as that first step. It is essentially a free change because local authorities already have the information gathered, so there should not be any additional resources needed. It could in fact help, because it would cut down on freedom of information requests, for example, which are a burden on councils. It will also cut down on the level of communication required with concerned parents constantly contacting to ask when their child is going to receive their EHCP.

Also included within new clause 3, local authorities will have the opportunity to explain any reasons and lay out their plans for improving performance. That kind of transparency helps direct resources well, and I think it is a good, sensible step,

Catherine McKinnell (Labour, Newcastle upon Tyne North)

I totally agree it is vital there is publicly available data regarding local authority performance on EHCPs. That is why we publish annual data on each local authority’s timeliness in meeting their 20-week deadline. Local authorities identified as having issues with EHCP timeliness are subject to additional monitoring by the Department for Education, which works with the specific local authority. Where there are concerns about the local authority’s capacity to make the required improvements, we have secured specialist special educational needs and disabilities adviser support to help identify barriers to EHCP timeliness and put in place practical plans for recovery.

Furthermore, when Ofsted and Care Quality Commission area SEND inspections indicate there are significant concerns with local authority performance, the Department intervenes directly. That might mean issuing an improvement notice or statutory direction or appointing a commissioner, deployment of which is considered on a case-by-case basis.

We are clear that the SEND system requires reform. We are considering options to drive improvements, including on the timeliness of support and local authority performance. We do not believe increasing the amount of published data and reporting on EHCP timeliness alone would lead to meaningful improvements in performance. We are working closely with experts on reforms. We recently appointed a strategic adviser for SEND who will play a key role in convening and engaging with the sector, including leaders, practitioners, children and families, as we consider the next steps for future reform of SEND.

In response to the hon. Member for St Neots and Mid Cambridgeshire, I absolutely respect the intentions of his amendment and the desire to see much greater timeliness and support for children with SEND and their families. We are working incredibly hard—this is a priority within the Department for Education—to get much better outcomes. We do not believe that this amendment will achieve the desired outcome, although we share the intention behind the amendment.

Munira Wilson (Liberal Democrat, Twickenham)

I appreciate what the Minister is saying. I agree with her that this is not a silver bullet. This will not suddenly improve the system. This is about transparency and accountability where, as my hon. Friend the Member for St Neots and Mid Cambridgeshire pointed out, there are some councils that are missing the targets by such a long chalk, and is about setting out the reasons for doing so. We know in some areas that frankly NHS partners are not working constructively with local authorities to help deliver EHCPs on time.

As the Minister looks at reforming the system—and I know from my discussions with her and the Secretary of State that the Government are working hard on this—could I urge that they seriously consider this provision. It is about transparency and accountability for parents, which I think is really important.

Catherine McKinnell (Labour, Newcastle upon Tyne North)

I thank the hon. Lady for that intervention and the hon. Member for St Neots and Mid Cambridgeshire for the way in which he presented this clause. We share the ambition for children with special educational needs and disabilities to get much better service, from their local authority and on their education journey. We recognise there are significant challenges for those who seek to deliver that being able to do so, which is why we are looking at reform in a whole-system way. We are looking to drive mainstream inclusion within our school system and to reduce the waiting times for assessments, which we know is led by the Department of Health and Social Care. This is a cross-departmental effort involving the Ministry of Housing, Communities and Local Government, the Department of Health and Social Care, the Department for Work and Pensions, and clearly the Department for Education has a key role in achieving a much better outcome for children with special educational needs. We absolutely take away the intentions of this amendment, but would appreciate it not being pressed to a vote as part of the Bill. The conversation about special educational needs and improving the outcomes for children will, however, without doubt continue.

Ian Sollom (Liberal Democrat, St Neots and Mid Cambridgeshire)

I beg to ask leave to withdraw the clause.

Written evidence reported to the House