The main focus of this website in regard to the Children’s Wellbeing and Schools Bill currently going through parliament relates to clauses 30-35 which set out the government’s proposals for regulation of Children Not in School [CNIS]. NOTE THAT AS OF 18.9.25 with the bill reissued after committee ended, CNIS is now 31-36 (rather than 30-35)
Scrutiny of CNIS took place on July 3rd and September 2nd.
Committee stage in the Lords is usually the first time a bill receives reasonable time for debate as peers start to examine each proposed new measure in detail. (Click here https://politicsteaching.com/2024/01/13/how-effectively-can-the-house-of-lords-scrutinise-the-executive-2/ to see the hours a bill can expect in the Lords compared to the Commons)
Clause 30 Condition A
NOTE THAT AS OF 18.9.25 with the bill reissued after committee ended, CNIS is now 31-36 (rather than 30-35)
However, the main thrust of Clause 30 is found on page 51 which sets out the particular circumstances (IE NOT ALL CASES) where a local authority [LA] would wield new power in deciding a child’s “best interests” – school versus home education.
The “best interests” test (LAs judging whether home is better than school) first appears at Condition A on page 51 when a child is registered at a special school in England (or its equivalent in Wales) and parents want to take the child out of school to home educate.
Hence the next amendment to clause 30 is #203 proposes leaving out Condition A. The explanatory statement reads as follows “This amendment, along with another in the name of Baroness Barran, seeks to remove the requirement for local authorities to consent to the withdrawal of a child with SEND from school” Baroness Barran was Education Minister in the Lords under the last government. Meanwhile amendment #204 tabled by Baroness Barran and Lord Lucas explains “This amendment seeks to allow a general debate on condition A.”
Between #203 and #204 we also find #203A in the name of Lord Wei who has made his opposition to the bill clear here https://www.natwei.com/2025/05/01/regarding-the-childrens-wellbeing-and-schools-bill/
Clause 30 Condition B
NOTE THAT AS OF 18.9.25 with the bill reissued after committee ended, CNIS is now 31-36 (rather than 30-35)
Condition B sets out the OTHER circumstance in which a local authority would apply the “best interests” test in deciding whether a child can be taken out of ANY school for home education. Condition B is where safeguarding action has been taken or a safeguarding enquiry is underway.