Children’s Wellbeing and Schools Bill – in a Public Bill Committee am 9:25 am ar 4 Chwefror 2025.
Neil O'Brien
Shadow Minister (Education)
9:25,
4 Chwefror 2025
I beg to move Amendment 70, in Clause 31, page 72, line 31, at end insert—
“(1A) Powers under subsection (1) may not be exercised in relation to an academy.”
This amendment specifies that the Secretary of State should rely on the provisions in Funding Agreements as regards to academies.
Edward Leigh
Father of the House of Commons
With this it will be convenient to discuss Clause stand part.
Neil O'Brien
Shadow Minister (Education)
This will be relatively short and sweet. Amendment 70 aims to prevent a large and, I hope, unintentional expansion of the Secretary of State’s powers. Academies and free schools are, of course, independent state-funded schools. I think that under Clause 30, an academy school, but not a 16-to-19 academy, is an independent educational institution for the purposes of the 2008 Act. This amendment to clause 31 would ensure that the powers under proposed new section 118A(1) may not be exercised in relation to an academy; instead, the Secretary of State should rely on the provisions in funding agreements with the academies and free schools.
Our amendment is grouped with clause stand part, so I also want to ask the Minister about something I read in the regulatory impact assessment. Page 56 states:
“We have identified one possible adverse distributional impact. Based on our current understanding, the Independent Schools Standards: Registration Requirements measure is expected to disproportionately impact some religious or faith-based schools. Where in scope of the new regulation, these schools may have to meet the Independent School Standards, which may entail costs.”
Will the Minister say how large those costs are, or explain why faith schools are disproportionately impacted? It may be unrelated but I also noted various references in the impact assessments to the Haredim; will the Minister speak to why that group is particularly affected by some of these measures?
Stephen Morgan
The Parliamentary Under-Secretary of State for Education
Amendment 70 seeks to disapply for academies the new power to suspend registration given by Clause 31. It would not be appropriate if children in academies were not protected by the additional powers within a regulatory regime that already applies to them. I hope that that gives the assurance sought by the Shadow Minister, and that he agrees to withdraw the amendment.
Clause 31 will make several changes to the regulatory regime for private schools found in the 2008 Act. The clause has a number of distinct parts, including a new power of suspension. It may help hon. Members if I quickly summarise the most significant changes.
First, the clause will allow the Government to set out, in regulations, standards requiring individual proprietors, or individuals with the general control and management of the proprietor, to be fit and proper persons in the Secretary of State’s opinion. Secondly, the clause will allow the Secretary of State to direct the chief inspector to carry out an inspection of an institution that has lodged an appeal against a decision not to register it, so that up-to-date information can be given to the tribunal.
Thirdly, as discussed, the clause makes a power for the Secretary of State to temporarily suspend the registration and, where applicable, the boarding of an independent educational institution, such as a private school. That power would be used when the Secretary of State is satisfied that there are breaches of the relevant standards and she has reasonable cause to believe that, because of the breaches, there is a risk of harm to children at the institution. During the period of suspension, the proprietor would commit a criminal offence if the institution remains open, providing education or other supervised activity, or if it were to provide boarding accommodation in breach of a stop boarding requirement.
In addition, rights of appeal to the first-tier tribunal against a decision to suspend registration or to impose a stop boarding requirement are conferred by subsection 31(6). We acknowledge that a suspension of registration would be a serious step that would inevitably disrupt children’s education; the new powers are therefore likely to be used only in the most serious cases. It is, however, essential that we have appropriate tools to provide the flexibility to act appropriately in cases where students are at risk of harm.
Finally, the clause will, by amending section 124 of the 2008 Act, change how appeals against enforcement action to deregister private schools are determined by the first-tier tribunal. That will ensure that more effective action can be taken against private schools with long-term or serious failings. In some cases, private schools can avoid deregistration by making improvements to meet the standards at the time of the appeal hearing. These changes will ensure that the first-tier tribunal carefully considers future compliance. The clause reverses the burden of proof so that the appealing proprietor must demonstrate that it has capacity to sustain compliance with the standards. These measures make many improvements to the existing system of private school registration and regulation, and I therefore commend the clause to the Committee.
Neil O'Brien
Shadow Minister (Education)
We thought that it was unintentional that academies are being brought into this new system of regulation. From the Minister’s comments, it is clearly intentional. This is triple dipping: the Minister already has controls over these schools; Clause 43 takes that further, and this is another thing. I therefore will push the Amendment to a vote.
Rhif adran 11
Children’s Wellbeing and Schools Bill — Clause 31 - Independent educational institution standards
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During the committee stage of a bill, MPs examine these clauses in detail and may introduce new clauses of their own or table amendments to the existing clauses.
When a bill becomes an Act of Parliament, clauses become known as sections.
Secretary of State was originally the title given to the two officials who conducted the Royal Correspondence under Elizabeth I. Now it is the title held by some of the more important Government Ministers, for example the Secretary of State for Foreign Affairs.
As a bill passes through Parliament, MPs and peers may suggest amendments - or changes - which they believe will improve the quality of the legislation.
Many hundreds of amendments are proposed by members to major bills as they pass through committee stage, report stage and third reading in both Houses of Parliament.
In the end only a handful of amendments will be incorporated into any bill.
The Speaker - or the chairman in the case of standing committees - has the power to select which amendments should be debated.
A parliamentary bill is divided into sections called clauses.
Printed in the margin next to each clause is a brief explanatory `side-note' giving details of what the effect of the clause will be.
During the committee stage of a bill, MPs examine these clauses in detail and may introduce new clauses of their own or table amendments to the existing clauses.
When a bill becomes an Act of Parliament, clauses become known as sections.
Ministers make up the Government and almost all are members of the House of Lords or the House of Commons. There are three main types of Minister. Departmental Ministers are in charge of Government Departments. The Government is divided into different Departments which have responsibilities for different areas. For example the Treasury is in charge of Government spending. Departmental Ministers in the Cabinet are generally called 'Secretary of State' but some have special titles such as Chancellor of the Exchequer. Ministers of State and Junior Ministers assist the ministers in charge of the department. They normally have responsibility for a particular area within the department and are sometimes given a title that reflects this - for example Minister of Transport.
As a bill passes through Parliament, MPs and peers may suggest amendments - or changes - which they believe will improve the quality of the legislation.
Many hundreds of amendments are proposed by members to major bills as they pass through committee stage, report stage and third reading in both Houses of Parliament.
In the end only a handful of amendments will be incorporated into any bill.
The Speaker - or the chairman in the case of standing committees - has the power to select which amendments should be debated.
The shadow cabinet is the name given to the group of senior members from the chief opposition party who would form the cabinet if they were to come to power after a General Election. Each member of the shadow cabinet is allocated responsibility for `shadowing' the work of one of the members of the real cabinet.
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The House of Commons votes by dividing. Those voting Aye (yes) to any proposition walk through the division lobby to the right of the Speaker and those voting no through the lobby to the left. In each of the lobbies there are desks occupied by Clerks who tick Members' names off division lists as they pass through. Then at the exit doors the Members are counted by two Members acting as tellers. The Speaker calls for a vote by announcing "Clear the Lobbies". In the House of Lords "Clear the Bar" is called. Division Bells ring throughout the building and the police direct all Strangers to leave the vicinity of the Members’ Lobby. They also walk through the public rooms of the House shouting "division". MPs have eight minutes to get to the Division Lobby before the doors are closed. Members make their way to the Chamber, where Whips are on hand to remind the uncertain which way, if any, their party is voting. Meanwhile the Clerks who will take the names of those voting have taken their place at the high tables with the alphabetical lists of MPs' names on which ticks are made to record the vote. When the tellers are ready the counting process begins - the recording of names by the Clerk and the counting of heads by the tellers. When both lobbies have been counted and the figures entered on a card this is given to the Speaker who reads the figures and announces "So the Ayes [or Noes] have it". In the House of Lords the process is the same except that the Lobbies are called the Contents Lobby and the Not Contents Lobby. Unlike many other legislatures, the House of Commons and the House of Lords have not adopted a mechanical or electronic means of voting. This was considered in 1998 but rejected. Divisions rarely take less than ten minutes and those where most Members are voting usually take about fifteen. Further information can be obtained from factsheet P9 at the UK Parliament site.
