Children’s Wellbeing and Schools Bill: what’s next in Parliament?

On 17th December 2024 the Children’s Wellbeing and Schools Bill (‘the Bill’) was introduced into Parliament. It is set to revolutionise the landscape of education by bringing significant changes aimed at enhancing the wellbeing and educational outcomes of children across the UK. Since it’s introduction in December the Bill has now had its second reading in Parliament on 08 January 2025. Although this is not law as yet, it is important that those in the education sector familiarise themselves with the key proposals which are set out below.

Clause 20: Employment of Children

The Bill includes new restrictions on the employment of children in England. A child will not be able to work before  7am or after 8pm on any day, or work for more than one hour before school. A child will be able to work for more than 2 hours on a Sunday, which is currently prohibited.

A child may only be employed in England in accordance with a child employment permit which will be granted by a local authority and subject to their bylaws which vary across England.

Clause 21: Free Breakfast Clubs

One of the standout features of the Bill is the introduction of free breakfast clubs for all primary school pupils. The Labour government have stated that a free breakfast will help ensure pupils start every day ready to learn, and in turn will improve behaviour, attendance and attainment. This new duty applies to primary schools in England, who must provide a minimum of 30 minutes of childcare and breakfast before the start of the school day. The breakfast club will be provided for primary pupils who are on the roll at the school, meaning the that this proposal will apply to those who are in Reception through to Year 6.

This clause does offer an aspect of flexibility for many schools who may struggle with staff resources and funding, as the Bill states that schools can outsource this service and goes on to clarify that the breakfast club does not have to be on-site. However, the explanatory guidance to the Bill confirms that the Government would not want a school to hold a club in an unreasonable location that would inhibit the policy objective of helping pupils start the school day settled and ready to learn. In addition, this would ensure that parents do not have a disruptive start to their working day.

The key issue here is funding; will schools have enough funding to provide free breakfast? According to the practice notes funding for the free breakfast club will be provided to each school, with the government promising in the budget an investment of £30million for the 2025-2026 financial year. We assume this will go towards the 750 early adopter school’s partaking in the pilot program starting from April 2025 which should hopefully test and refine the idea of offering free breakfast clubs to all primary pupils. In terms of national rollout, no timeframe has been confirmed.

The summary notes confirm that schools may apply to the Secretary of State for exemption from this duty after consulting parents and the Local Authority but there would seem to be an expectation that this would be in exceptional circumstances only.

Clause 23: Limits on branded items in school uniform

The Bill includes provisions to limit the number of compulsory branded uniform items that a school can require pupils to have to three during the school year (this will be four for secondary pupils if one item is a tie). It should be noted that as there is reference to “use during a school year” this would include items required for PE and sport, and “school uniform” is defined as any item or clothing or bag – this will therefore apply to any branded bookbag or rucksack. A branded uniform item has the school logo or name on it, or as a result of its colour or design is only available from a particular supplier.

Clauses 24- 26 Children not in school

 The Bill contains several measures regarding elective home education. You may recall that the Department for Education requested a call for evidence on improving support for children missing in education. As a result, provisions have been included in the Bill to reflect the outcome of this consultation.

There is a requirement for parents to obtain the consent of the Local Authority to home educate if their child is a registered pupil in England of a compulsory school age who is at a special school, such as a special school maintained by the Local authority or an independent school organised for special educational needs provision. In addition, consent will be required if child is the subject of an enquiry by a local authority under section 47 of the Children Act 1989 or receiving ongoing support from a Local Authority because it has been determined that the child is suffering or likely to suffer significant harm. A parent may appeal to the Secretary of State regarding any decision to grant or refuse consent.

In addition, there will be a new duty on Local Authorities in England to maintain a register of children not in school. The information which must be entered in the register includes the names and addresses of everyone providing education to the child and how much time the child spends being educated by them. If a parent does not inform the Local Authority of this information, they can be fined. If a Local Authority is not satisfied that a child is receiving suitable education or the child is not regularly attending school or it would be in the best interests of the child to attend school, then it may serve a School Attendance Order on a child’s parent.

Clauses 36: HM Chief Inspector powers of entry and investigation

This clause introduces a more intrusive inspection regime, but the Chief Inspector can only use these powers where it suspects offences might be committed, such as conducting an unregistered Independent Educational Institution (IEIs) or obstruction of or failure to comply with an investigation. This regime will not apply to routine school performance evaluations but will focus solely on offences. The aim is to address the issue that it is currently ‘too easy’ for those committing criminal offences to prevent the discovery of evidence and avoid prosecution. The new powers are similar to those of the police, using language and references from the Police and Criminal Evidence Act 1984. If there is reasonable cause to believe an offence is being committed, HMCI  can apply for a warrant for entry, conduct inspections, inspect and copy documents, inspect equipment, and take measurements, photographs, recordings, and videos. This will put the education sector under more scrutiny to comply with regulations.

Clause 39: Teacher misconduct

The Teaching Regulation Authority (‘TRA’) will be given new powers to investigate and prohibit individuals who are teachers or “have (at any time) been” teachers. What this means is that the Secretary of State is provided with the power to take disciplinary action against any teacher, regardless of whether they were employed as a teacher at the time of the misconduct or the referral to the TRA. The explanatory notes to the Bill do state however that where it is some time since the individual last taught, the TRA would consider the public interest and proportionality when determining whether to investigate the case.

The scope of these powers have also been extended to cover a variety of settings including further education, special post 16 institutions, independent training providers and online education providers.

Academies

Removing the forced conversion to Academies of schools in a category causing concern 

 Forced academisation has not always been effective, with a risk of disruption for pupils, staff and parents. There will now be more scope for the Secretary of State to determine the most appropriate action for school improvement.

New power to direct Academy Trusts to comply with legal requirements

Currently, when an Academy Trust fails to meet its legal obligations, it breaches its funding agreement with the Department of Education, who may issue a Termination Warning Notice on behalf of the Secretary of State. The Bill proposes to introduce the power to issue a direction to Academy Trusts to comply with specific duties or to prevent the unreasonable use of power, rather than escalating to termination. The aim of this provision seems to be to provide Trusts the opportunity to rectify the situation without threat of termination where this would not be proportionate.

Placing a duty on all schools to work with Local Authorities on place planning and admissions

Schools and Local Authorities will be under a duty to co-operate with each other when carrying out their respective duties regarding school admissions. In addition, Local Authorities will be empowered to direct an Academy to admit a child, in the same way as they can in a maintained school, with the exception of a Special Academy for pupils with special educational needs.

Enabling Local Authorities to open any type of school needed.

The legal presumption that new schools should be Academies will end, so that Local Authorities “do not have to seek proposals only for the establishment of a new Academy when they think a new school needs to be established in their area.”

The National Curriculum

There will be an introduction of the requirement for Academy schools to teach the National Curriculum. However, this will only be commenced after the Curriculum and Assessment review has concluded and the Government has responded to its recommendations. Academies are not required to teach the National Curriculum until this commencement. It is the aim of the Government to “make sure that all children in state-funded schools are entitled to a shared core as part of their education.”

The statutory pay and conditions framework will be extended to all school teachers in Academy schools and alternative provision academies. This means that the School Teachers Pay and Conditions document will apply to Academies.

In addition, the Education Act 2002 will be amended so that regulations can be made to enable Academy trusts to direct pupils off-site to improve their behaviour.

Conclusion

The Children’s Wellbeing and Schools Bill is a comprehensive piece of legislation designed to create a more integrated and supportive system for children’s education and wellbeing. By addressing key areas such as nutrition, affordability, oversight, and collaboration, the Bill aims to ensure high standards and safeguarding across all educational settings. As the Bill makes its way through Parliament, it is clear that change in the education landscape is imminent, with a clear direction of travel from the Government away from the autonomy currently granted to Academies, most notably with the impending requirement to teach the National Curriculum.

The Bill as it is currently drafted will mean that there will be a significant impact on the flexibility which is currently available to MATs. We will watch the progression of the Bill through the Parliamentary process with interest