The Children’s Wellbeing and Schools Bill moves to Committee Stage – does it spell opportunity or “vandalism” for state-funded education?

England and Wales

The Children’s Wellbeing and Schools Bill (the Bill) spells significant changes across all sectors concerning children’s wellbeing including in respect of social care, such as safeguarding responsibilities and children’s homes, and all areas of education from state-funded to independent.  In the first of a series of articles looking at the impacts of the Bill, we consider the potential impact and opportunities for state-funded education.

The Bill moved to Committee Stage on 8 January 2025 after a heated debate at its Second Reading. The Conservatives called for a national statutory inquiry into historical child sexual exploitation, deeming safeguarding measures in the Bill inadequate and branded proposals affecting academy freedoms an “act of vandalism”. But the Bill does address areas neglected by previous governments, and whilst light on detail, offers at least a step forward to improve accountability of statutory safeguarding partners and potential that the flexibility which has underpinned academy success in terms of national curriculum freedoms could be bound for all state funded schools via the Curriculum and Assessment review.

Safeguarding beyond the classroom

The Bill proposes several measures to improve safeguarding of children and has been broadly welcomed by children’s charities.  In a joint statement published on the day of the Second Reading debate, CEOs from the Children’s Charity Coalition called the Bill, “a major step forward for children [1] referencing long called for measures including:

Children not in school registers

Under proposals in the Bill, all Local Authorities will be required to keep a register of children of compulsory school age that are not in school.  The Bill also removes the right for parents to home-school children if the child is subject to a child protection investigation[2], under a child protection plan or at a special school.

Single child identifier

Amongst wider improvements to data sharing between agencies is provision to prescribe in regulations a “Single Unique Identifier” which it is envisaged will improve the speed and accuracy of cross-agency communications.  The Department for Education has said that it will run a pilot to test the feasibility of using the NHS number, if successfully implemented as a single identifier, its use could connect data across different services whose information sharing has, on too many occasions, been inadequate.

Strengthening the role of education in safeguarding

The Bill does not make education settings a fourth statutory safeguarding partner and instead places a duty on existing statutory safeguarding partners (local authorities, the police and the NHS – through Integrated Care Boards) to ensure education and childcare settings are involved in strategic and operational safeguarding arrangements.

Much of the detail will be the subject of consultation with the sector and prescribed in regulations. Whilst some critics argue the Bill does not go far enough, it is an opportunity to embed education settings in the operation of safeguarding partnerships.

“Vandalism” of academy freedoms or opportunity to widen trusts’ influence?

Bridget Phillipson, the Education Secretary, said in the Commons debate that academies had been “instrumental” in raising standards, and that “their record of excellence” would be continued.  The Conservatives called measures affecting academy freedoms an “act of vandalism”. So, what are the key proposals affecting academies?

No automatic academy orders

The Bill converts the duty on the Secretary of State to academise schools identified by Ofsted as causing concern into a discretionary power and introduces Regional Improvement for Standards and Excellence (RISE) teams, a manifesto pledge, to support school improvement where academisation is not considered necessary.  The government says this will enable greater flexibility to drive school improvement, reserving academy orders for the worst performing schools. Though this may mean more appeals against academy orders given the subjectivity added to decision making.

Qualified teacher status and national curriculum requirement extended to academies

The Bill introduces requirements for academies to teach the national curriculum and for new teachers to have or be working towards Qualified Teacher Status (QTS), in line with maintained schools.  The QTS requirement will not come into effect until 1 September 2026 to give trusts time to plan for the change. And the national curriculum to be taught by all state schools will not be known until the conclusion of the Curriculum and Assessment review led by Professor Becky Francis, from whom an interim report is expected in early 2025, and final report with recommendations expected in the Autumn.  This may not be the juxtaposition the Conservatives have suggested if the intent is to embed more widely the success seen in academies, who currently have freedom to set their curriculum, by enabling greater autonomy for school leaders.  Professor Francis’ interim report, once available, will hopefully offer greater insight. 

Teacher pay standardised

The Bill extends statutory pay and conditions arrangements to teachers at academies, which the government says will “enable flexibility and best practice to flourish in all schools, rather than being determined by school type.”[3]  Whilst another measure that has attracted criticism, it may be further recognition of the benefits offered by flexibility and a show of intent to deliver those same benefits to all state funded schools. 

Duties requiring admissions and place planning

The Bill introduces a new duty for all state funded schools to work with local authorities to deliver sufficient mainstream and specialist school places.

Interestingly, an example given in the policy guidance to achieve this duty includes, “reducing/repurposing spare capacity, for example, adding a SEN unit to a school”.[4] The government has said it seeks to address recognised areas for improvement, particularly in-year admissions and local application of fair access protocols, where SEND and other vulnerable children are overrepresented.  The Bill also enables local authorities to direct admission of a pupil to academies (currently reserved to maintained schools) and enables the Schools Adjudicator to set a school’s published admission number where an objection to the number is upheld.

Inclusivity has been the mainstay of Keir Starmer’s education policy.  Whilst the detail is still to be determined, the government has committed £740 million to increase SEND provision in mainstream schools, and the Bill suggests the key to inclusivity is standardisation across state-funded education.  With many local authorities effectively bankrupt but for current provision to write off SEND spending from budgets, the detail is ever more pressing.

Opportunity for the taking

It remains to be seen whether the government’s brand of standardisation will allow enough flexibility to enable innovation and empower the sector to work collaboratively to meet the needs of pupils. Consultation with the sector will be crucial, in the meantime, school leaders are facing business as usual with the future some way off being determined.

The Public Bill Committee are inviting written submissions and oral evidence sessions are expected to be held on 21 January 2025, with the Committee due to report by 5pm on 11 February 2025.  We will be monitoring the Bill and policy reviews as they develop, and our team is on hand to assist with your regulatory queries.
 

[1] CEOs from the Children’s Charities Coalition respond to The Children’s Wellbeing and Schools Bill | Action For Children

[2] Under section 47 of the Children Act 1989

[3] See page 130 Children’s Wellbeing and Schools Bill

[4] See page 131 Children’s Wellbeing and Schools Bill