Many parents are worried about the Children’s Wellbeing and Schools Bill, and we know that there is a lot of misinformation about the Bill online. For most parents, the Bill will introduce a requirement to provide a certain amount of data to the local authority but not otherwise affect them.
Parents whose child is or has been subject to children’s social care involvement will be affected but, until the Bill has finished going through parliament, we do not know to what extent. This is because amendments can be made and some of those amendments can be subsequently not accepted. We will continue to keep you updated as soon as information is available and this is the available information to date.
Parents will be aware that the Bill is currently in the House of Lords at what is called ‘report stage’. This is when any last minute amendments are considered prior to the Lords’ amendments being sent to the House of Commons for decision on whether they will be accepted.
If the amendments are not accepted by the House of Commons, the Bill goes into what is known as ‘ping pong’. This means that the Bill may be sent back with refusal to amend to the House of Lords, then go back again to the House of Commons and so forth. By convention, if the House of Commons sends the Bill back three times the Lords accept it.
It is really important to know that the Bill is not law at this stage. The Bill cannot become law until it is had royal assent and then it is enacted. Royal assent is expected to be within the next two or three months. Enactment is unlikely to be until early 2027. Some sections of the Bill may be enacted at different points; it is unlikely to be all at once.
We’ve compiled a list of frequently asked questions relating to the Bill, find out more here.
Several amendments have been made in the Lords as follows:
121A: Clause 31, page 55, line 2, at end insert:
‘(c) conducting or has ever initiated proceedings under section 31 of the Children Act 1989 (care and supervision),(d) providing services to the child or their family under section 17 of the Children Act 1989 (provision of services for children in need, their families, and others),or has ever conducted enquiries or has ever taken action under section 47 of the Children Act 1989 (local authority’s duty to investigate).’
What this means: If the child has ever been subject to child protection enquiries for significant harm (s47) or care (s31) the parent has to get LA consent to remove the child from school. This is regardless of the outcome of those assessments.
They also have to do so if the child is currently a child in need.
125 125: Clause 31, page 57, line 2, at end insert—
‘434B Mandatory local authority meetings prior to withdrawal of child from school..
This is a pilot scheme to introduce mandatory meetings before deregistration.
131: Clause 32, page 58, line 12, at end insert—
‘(8) Before the end of the period of 15 days beginning with the day on which the local authority registers a child under this section, the local authority—(a) must consider where the child lives, and(b) may request the child’s parent to allow the local authority to visit the child inside any of the homes in which the child lives.
(9) If a request under subsection (8)(b) is refused by the person to whom it is made, the local authority must consider that to be a relevant factor in determining whether to serve a preliminary notice under section 436H.
(10) Before the end of the period of 15 days beginning with the day on which the local authority includes in the register the information mentioned in section 436C(1)(e) in respect of a child, the local authority must consider the settings where the child is being educated that the local authority knows about.’
This means that the LA can ask to see the child in his or her home straight after removal from the school roll. If a parent refuses, the LA can serve a notice to satisfy. The LA must also consider any education ‘settings’.
136: Clause 32, page 58, leave out lines 20 and 21 and insert—
‘(d) an estimate of the overall total amount of time that the child spends receiving education from parents of the child;’
137: Clause 32, page 58, line 21, at end insert—
‘(da) an estimate of the overall total amount of time that the child spends receiving education from persons other than parents of the child;’
136 and 137 slightly decrease information required to be provided
145: Clause 32, page 60, line 3, at end insert—
‘(la) whether the local authority exercised any of its functions under section 436B(8), (9) or (10), 436H(7A), (7B) or 436I(3) in relation to the child and the outcomes of any consideration of home and education settings or home visits conducted under those provisions
146: Clause 32, page 60, line 3, at end insert—
‘(la) whether the child is a young carer within the meaning of section 17ZA(3) of the Children Act 1989, as qualified by section 17ZB(3) of that Act;’
145 and 146 add whether a child is a carer and outcomes of home visits to the information on registers.
165: Clause 33, page 68, line 35, at end insert ‘; or has taken such action during the period of 5 years ending with the date on which a preliminary notice is to be served under subsection (1).’
165 requires the LA to serve a notice to satisfy on the parent of any home educated child who has been subject to a s47 child protection plan in the previous five years.
167: Clause 33, page 69, line 13, at end insert—
‘(7A) For the purpose of determining whether a preliminary notice must or may be served under this section in respect of a child, the local authority:
- must consider the settings where the child is being educated that the local authority knows about and where the child lives, and
- may request the child’s parent on whom the preliminary notice would be served to allow the local authority to visit the child inside any of the homes in which the child lives.
- (7B) If a request under subsection (7A)(b) is refused by the person to whom it is made, the local authority must consider that to be a relevant factor in determining whether to serve a preliminary notice.’
This means that the LA can ask to see the child in his or her home if deciding whether to serve a notice to satisfy. If a parent refuses, the LA can serve a notice to satisfy. The LA must also consider any education ‘settings’.
169: Clause 33, page 70, line 10, after ‘that Act’ insert ‘, or which has been taken during the period of 5 years ending with the date that the order would be made,’
This means that the LA is able to serve a notice to satisfy and to decide if school is in the child’s best interests if a s47 (child protection plan) has been in place within the last five years.
172: Clause 33, page 77, line 28, after ‘that Act’ insert ‘, or which has been taken during the period of 5 years ending with the date that the order was made,’
Member’s explanatory statement
This means that the LA need not revoke a School Attendance Order if the child has had a s47 in the previous five years.
If you feel that any aspect of the Bill, including these amendments, is wrong or unacceptable you can write to your MP and ask him or her to raise your concerns in the House of Commons when the Bill returns there. Please remember that MPs do not appreciate template letters downloaded from online; they are much more likely to respond to parents’ personal letters outlining why the Bill is of concern to them and their family.
We know that uncertainty and misinformation about the Bill can feel really worrying but remember that for most people the overall effect will be to provide data to the local authority.
For those whose child has had children social care involvement, we do not yet know how or to what extent you will be affected but Education Otherwise will be here to support and advise you.
