30/01/2025
On Wednesday 8 January 2025 the Children’s Wellbeing and Schools Bill passed its second reading in the House of Commons. Whilst this was an entirely expected outcome given the size of the Government’s majority, Wednesday’s proceedings gained far more media attention than was anticipated thanks to the introduction of a ‘reasoned amendment’ which, amongst other things, called for the establishment of a national statutory inquiry into historical child sexual exploitation.
Part 1 of the Bill seeks to reform Children’s Social Care – an area of particular interest to the Law Commission which is undertaking a consultation (closing on 20 January 2025) on the issue. The focus of Part 2 of the Bill is on education and in it are proposed changes on a wide range of issues from academisation to teacher pay and conditions. Prior to the events of the first week of January, much of the wider commentary around the Bill had focussed on two issues: the roll-out of free breakfast clubs to all primary school children, and the proposal to limit the number of branded uniform items that schools can require.
The Bill has generated fierce debate across the politic spectrum with its supporters contending that it will enhance child safety, ensure equitable opportunities, and raise standards across the sector. Critics of the Bill claim that its provisions undermine the autonomy of academies, does not do enough to address SEND, and that its increased regulation of home education encroaches on parental rights and choice.
However, beyond the headlines and the recent controversy, are a number of issues which will be of particular interest to local authorities. The Bill’s approach to home education, increased direction powers, and the establishment of new schools are three examples of the provisions which are likely to have a significant impact on LAs.
Children not in school
The Bill introduces specific measures relating to children who are not attending school including pupils who are being ‘home schooled’ and those who are attending alternative provision. If passed, these measures would lead to local authorities needing to have a more active role in overseeing the quality and suitability of the alternative education arrangements.
One of the most prominent measures is the introduction of Children Not In School registers in each local authority area. Alongside the registers will be accompanying duties on parents and certain alternative education providers to provide information for the registers including details about the education provided and the persons(s) providing the education.
Local authorities will be expected to play an active role in reviewing and maintain the register – and will be required to consider the suitability of all settings where the child is being educated. Local authorities will be under a duty to provide support to the parents of children on their registers. Changes to the School Attendance Order (SAO) process may mean that SAOs are more frequently considered for children not in school: provisions in the Bill will enable local authorities to request to see a child not in school in their home. Where a request is refused this will be considered as a relevant factor when determining whether to issue a SAO.
There are also changes proposed by the Bill relating to children with Special Educational Needs. The Bill will introduce a new requirement for parents to obtain consent from the local authority to withdraw their child from school to home educate them if their child is a registered pupil at a special school.
Local authority direction powers
The Bill also proposes a significant extension to local authorities’ powers to direct admission of pupils. Local authorities have the power to direct that a maintained school admits a child, but this power does not currently extend to academies. Instead a request must be made to the Secretary of State that she use her direction powers under the academy’s funding agreement to direct the child’s admission.
The Bill extends the direction powers so that local authorities may direct academies to admit a child where the statutory criteria are met. This has the potential to give local authorities a much wider range of options when it is seeking to place a child without access to a school place.
New Schools
Perhaps some of the most significant changes for local authorities are contained within the provisions of the Bill regarding the establishment of new schools.
Local authorities will regain the authority to establish new schools, representing a seismic shift from the current system, where only academies, free schools, or trusts could establish new schools.
Alongside these restored powers will be a greater responsibility for local authorities to monitor the availability of school provision in their area. Local authorities will be responsible for identifying and addressing gaps in school provision to ensure that new schools meet local demand. Local authorities will be required to play a more active role in planning and in admissions process to ensure sufficient school places are available. Any new school established by a local authority will be subject to the same accountability and performance measures as other state-funded schools.
Critics of the Bill have argued that these provisions could hinder the expansion of academy-led innovation and autonomy.
What next?
Having passed its second reading along party lines, the Bill is due to enter committee stage. Here it will likely face renewed efforts - by MPs from across the political spectrum - to effect amendments to some of its more contentious provisions.
If enacted the Bill will likely represent the most significant change to the education system in over a decade and will represent a reversal of many of the Gove reforms of the Cameron-Clegg administration.
Local authorities will be closely monitoring the Bill’s continued passage through Parliament. Alongside the enhanced powers proposed for local authorities will come a much greater responsibility to investigate, assess, and intervene in domains ranging from individual pupils who are out of education, to planning for school places and the creation of additional capacity including by opening new schools.
