Children’s Wellbeing and Schools Bill: Closing the Gaps in Protection for the Most Vulnerable Children

Children should have the same protection from assaults as adults, and there is a clear message that the state is there to protect them - The Children Act 2004, a piece of legislation intended to protect children, creates a defence for assault against children. The ‘reasonable punishment’ defence in Section 58 means that if a parent or carer commits assault against their child, they may be able to argue that it was legitimate and lawful. ‘Reasonable punishment’ is not defined in legislation. The Bill refers to parents, children, carers and professionals being uncertain about what level of violence is acceptable. As a professional - no level of violence against a child is acceptable!

Deprivation of Liberty - children placed without proper safeguards - in a December 2024 report - for the first time - the Children’s Commissioner’s Office (CCo) used local authority data to establish how many children are placed in unregistered accommodation and how much these placements are costing. Regrettably, unregistered settings had been used, including caravans and Airbnbs. The average cost of care was over £1,500 per day, with an estimated total annual cost to local authorities of over £400 million. Ofsted enforcement powers were introduced to issue civil penalties against providers. The use of secure accommodation is for the most vulnerable children who are subject to an order from the Court, making local authorities a statutory parent. The vulnerable children, when placed in unregistered placements, are being failed. 

Home education - each local authority has an Elective Home Education Service and I agree there needs to be a national framework and register to ensure that there is collaboration with multi-agencies, for example, health and social care, so that all children’s needs are addressed.

Child protection multi-agency teams - the Bill has highlighted that there are local and regional disparities, referring to a postcode lottery. It is proposed that there should be clearer minimum standards across children's social care, which will be the best foundation for innovative local implementation. This is an interesting position in Lancashire, which currently has three local authorities - the requirement for consent to be obtained before a child is removed from school, and professionals ‘working together’ should have this awareness.

Schools as safeguarding partners - measures to require education partners’ participation are more extensive as all school/educational establishments have a designated safeguarding lead who works with children’s social care.

Online safety: a critical omission - the briefing to MP’s by the Commissioner is dated from January 2025 following the death of Sara Sharif. A key area that is missed from the proposed Bill is Online Safety, which is a pertinent area that requires regular review in the fast world of technology, to assist with children’s safety. References are regularly made to the models in effect in Australia however, measures are yet to be introduced in England and Wales.

As a Family Law solicitor, I see the impact when safeguarding systems fail children. The Children’s Wellbeing and Schools Bill offers a real opportunity to bring greater clarity, consistency and accountability to a system that too often leaves vulnerable children exposed.

While there are welcome proposals on safeguarding, education and oversight, real reform must be rooted in children’s rights. It requires clear national standards and a clear message that no level of harm to a child is acceptable. Parliament must ensure this Bill delivers practical protection, not just policy ambition, for children who depend on the state as their last line of safeguard.