Stephen Morgan MP: speeches

Speeches

• 11 Feb 2025 · Children's Wellbeing and Schools Bill (Fourteenth sitting) · Hansard source

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  New clause 25 would introduce a requirement for the Government to publish a report within two years of passing of the Bill on the impact of removing VAT exemption on private school fees. The report would need to provide details of any private school closures, the number of pupils from private schools who have moved schools, the availability of state school places at local and national level, what percentage of children are offered a place at their parents’ first-choice school, and whether any admissions authorities have increased their published admissions numbers as a result of VAT policy. Before proceeding any further, I would like to note that the issue of VAT on private school fees has been subject to extensive debate during the course of the Finance Bill and the Non-Domestic Rating (Multipliers and Private Schools) Bill. As the Government have noted on many occasions now, a thorough impact assessment of the removal of VAT exemption has been conducted. A comprehensive tax impact and information note was published alongside the autumn Budget and provides much of the information sought by the hon. Members for Harborough, Oadby and Wigston and for Central Suffolk and North Ipswich. This policy, as Members will be aware, took effect from 1 January 2025.

• 11 Feb 2025 · Children's Wellbeing and Schools Bill (Fourteenth sitting) · Hansard source

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  I thank the right hon. Member for his interventions, and I ask him to be a bit more patient in the light of what I am going on to say. The Government’s impact assessment shows that we expect the number of private school closures to remain relatively low and that will be influenced by various factors, not just this VAT policy. Around 50 private schools, excluding independent special schools, close each year, and the Government estimate that 100 schools in total may close over the next three years in addition to the normal levels of turnover, after which closures will return to historical norms. The Government also estimate that, in the long-term steady state, 35,000 pupils are expected to move from private schools to UK state schools. That represents less than 0.5% of all state school pupils and the resultant impact on the state education system, as a whole, is therefore expected to be very small. Differences in local circumstances will mean that the impact of this policy will vary between parts of the UK. The number of private school pupils who might seek state-funded places will vary by geographical location, and that will interact with other local place pressures. In addition to the impact assessment, regular data is published by the Department for Education on pupil numbers and pupil moves. Data on the numbers of pupils in private schools is collected and published through the annual school census, and data on how many parents receive offers from their preferred schools in the normal admissions round is also collected from local authorities and published annually. We cannot definitively correlate pupil moves with the ending of the VAT exemption, as pupil numbers in schools fluctuate regularly for a number of reasons. Moreover, admissions decisions must strictly be made in accordance with a school’s published admissions criteria only. We should therefore be cautious of measures that would require parents to state the reason why they are choosing to move their children to a different school, to avoid any impression that this information may be misused. School’s published admission numbers may be raised to respond to a wider local demand; in some cases and in some areas that may include, but will not necessarily limited to, increased numbers of pupils from the private sector. Where schools wish to raise their published admission number, they should do so in co-operation and collaboration with the local authority, and with a view to what is needed in the local area. Indeed, there are other measures in the Bill that stress the importance of co-operation on this issue. Local authorities will consider pressures following the removal of the VAT exemption on school fees alongside other pressures as part of the normal place-planning cycle—this is business as usual. The Department for Education will be monitoring place demand and capacity using our normal processes and will be working with local authorities to meet any pressures. While I am grateful to Members for their interest in the issue of removing the VAT exemption on private schools, I hope that they are reassured that the Government have already addressed the impact of this policy and continue to monitor it.

• 11 Feb 2025 · Children's Wellbeing and Schools Bill (Fourteenth sitting) · Hansard source

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  I will certainly take away that point. I know that the right hon. Member cares passionately about the wellbeing of children and young people, and I am happy to explore that further. We know that many good schools and local areas already measure pupil wellbeing to inform local action. The Department encourages that, with identifying need and monitoring impact being one principle of an effective whole-school approach to mental health and wellbeing. Although we do not currently have plans to introduce a standardised national wellbeing measurement programme, we continue to engage with schools to increase the understanding of wellbeing measurement approaches and impact. It is not clear that the benefits of a national programme would outweigh the burdens on schools, or the reduction in their ability to select tools to suit their cohorts. We would also need to consider the potential effect of a national measure on school accountability. Should the case for a national measure be made, there is likely to be scope to introduce the kind of voluntary participation programme envisaged in the new clause without recourse to primary legislation. On that basis, I invite the hon. Member for Twickenham to withdraw the new clause.

• 11 Feb 2025 · Children's Wellbeing and Schools Bill (Fourteenth sitting) · Hansard source

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  It is a pleasure to see you in the Chair, Mr Betts. Before we adjourned, I was about to turn to new clause 24. I appreciate the concern of hon. Members in this matter and their desire for academies to follow rules on granting a leave of absence. One of the many ways in which schools encourage regular attendance is by making clear to parents the circumstances under which leave of absence can and cannot be granted. All schools, however, including academies, are already required to have regard to statutory attendance guidance and are expected to follow the rules on granting a leave of absence. Headteachers understand the responsibilities and know how important it is that children are in school. We have very little, if any, evidence of misuse of power in academies or big increases in the number of leaves of absence. All the indications are that academy heads follow the guidance and apply the exceptional circumstances test to relevant requests for leave, only granting them where it is met. We will continue to monitor this and support them to make school the best place to be for every child, but new clause 24 would not help us to do that. I invite the hon. Member to withdraw new clause 21.

• 11 Feb 2025 · Children's Wellbeing and Schools Bill (Fourteenth sitting) · Hansard source

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  Yes.

• 11 Feb 2025 · Children's Wellbeing and Schools Bill (Fourteenth sitting) · Hansard source

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  New clause 49 sets out a requirement to publish an annual report on the behaviour of pupils in mainstream state-funded schools, and I will explain why the hon. Member for Harborough, Oadby and Wigston should withdraw it. The Department for Education already publishes the data from the NBS—the National Behaviour Survey—in an annual report. That is publicly available on the gov.uk website.

• 6 Feb 2025 · Children's Wellbeing and Schools Bill (Twelfth sitting) · Hansard source

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  It is a pleasure to serve under your chairmanship, Sir Christopher. I turn to new clause 2, tabled by my hon. Friend the Member for Stroud (Dr Opher), on the important topic of expanding eligibility for free school meals, specifically universal provision, which the hon. Member for North Herefordshire has moved today. Under the current programmes, all pupils in reception, year 1 and year 2 in England’s state-funded schools are entitled to universal infant free school meals. That benefits around 1.3 million children, ensuring that they receive a nutritious lunch-time meal. In addition, 2.1 million disadvantaged pupils—24.6% of all pupils in state-funded schools—are eligible to receive benefits-based free school meals. Another 90,000 16 to 18-year-old students in further education are entitled to receive free school meals on the basis of low income. Those meals provide much-needed nutrition for pupils and can boost school attendance, improve behaviour and set children up for success by ensuring that they can concentrate and learn in the classroom and get the most out of their education. In total, we spend over £1.5 billion on delivering free school meal programmes. Eligibility for benefits-based free school meals drives the allocation of billions of additional pounds of disadvantage funding. The free school meal support that the Government provide is more important than ever, because we have inherited a trend of rising child poverty and widening attainment gaps between children eligible for free school meals and their peers.

• 6 Feb 2025 · Children's Wellbeing and Schools Bill (Twelfth sitting) · Hansard source

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  I am referring to a persistently high disadvantage gap. I will point out that this Government take child poverty extremely seriously. It is a stain on our society. That is why I am so proud that this new Labour Government have introduced a child poverty taskforce led jointly by the Secretary of State for Education and the Secretary of State for Work and Pensions. We will end child poverty. It is a stain on our society, and we are committed to making sure that we do everything we can and are publishing a strategy in due course. With regard to transitional protections, I say to the hon. Member for North Herefordshire that my Department recognises the vital role played by free school meals and encourages all eligible families that need support to take up that entitlement. To make it as easy as possible to receive free school meals, we provide an eligibility checking service. On transitional protections specifically, we will provide clarity to schools on protections ahead of the current March 2025 end date. The new ministerial taskforce has been set up to develop a child poverty strategy, which will be published in spring 2025. The taskforce will consider a range of policies, including the provision of free school meals, in assessing what will have the biggest impact on driving down rates of child poverty. I appreciate the continued engagement of my hon. Friend the Member for Stroud on the issue of expanding free school meal provision to more pupils and on school food more broadly. He has raised concerns about obesity in particular and will be aware that the school food standards, which other Members have mentioned, apply to all food and drink served on school premises and, crucially, restrict foods high in fat, salt and sugar. We are taking important measures through the Bill to ensure that the standards apply consistently across all state-funded schools. We are also clear that breakfast clubs are in scope of the standards. We recognise how important this issue is and want to ensure that free school meals are being delivered to the families that most need them. However, given the funding involved, that must be considered through the child poverty taskforce and the multi-year spending review. We remain committed to ensuring that school food is prioritised within Government. That is most clearly demonstrated through our breakfast clubs manifesto commitment, aimed at state-funded primary school pupils, which we are working hard to deliver.

• 6 Feb 2025 · Children's Wellbeing and Schools Bill (Twelfth sitting) · Hansard source

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  I know my hon. Friend is a real champion of children and young people in her constituency, and she is absolutely right. When I visit schools across the country, I see the benefits of school meals. Not only do children sit and eat together, but they learn how to use a knife and fork. She is absolutely right to point out the wider benefits that the free school meal programme brings. The number of children in poverty has increased by over 700,000 since 2010, with more than 4 million now growing up in low-income families. We are committed to delivering on our ambitious strategy to reduce child poverty by tackling its root causes and giving every child the best start in life.

• 6 Feb 2025 · Children's Wellbeing and Schools Bill (Twelfth sitting) · Hansard source

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  As with all Government programmes, we will keep our approach under review and learn from what the evidence and data tell us. I can assure the hon. Lady that I met with a number of stakeholders, including the London Mayor, to understand the impact that the roll-out in London is having on not only household incomes, but children’s outcomes. The hon. Member for North Herefordshire asked about specific points on the school food standards. It is important that children eat nutritious food at school. The school food standards define which foods and drinks must be provided and which are restricted. They apply to food and drink provided to pupils on school premises and during the extended school day up to 6 pm. As with all Government programmes, we will keep our approach to school food under continued review. The hon. Member for North Herefordshire asked about the sustainable sourcing of food. This Government’s ambition is to source half of all food served in public sector settings from local producers or from growers certified to meet higher environmental standards where possible. We have committed to supporting schools to drive up their sustainable practices on food. Schools can voluntarily follow the Government’s buying standards, which include advice around sustainable sourcing. We mentioned earlier the Mayor of London’s roll-out of universal free school meals, and we are looking closely at evaluations and new evidence emerging from the scheme, including Impact on Urban Health’s recent evaluation. I have met with those stakeholders and heard of their experience of participating in the programme. Finally, on whether the free school meals offer is more generous from devolved Administrations than in England, education, including free school meals policy, is a devolved matter. In England, we spend over £1.5 billion annually delivering free school meals to almost 3.5 million pupils across primary, secondary and further education phases. As with all Government programmes, we keep eligibility and funding for free school meals under review.

• 6 Feb 2025 · Children's Wellbeing and Schools Bill (Twelfth sitting) · Hansard source

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  I know my hon. Friend is a real champion of children and young people in his constituency, and of the Government’s ambitions on breakfast clubs. I hope that he will work closely with schools in his constituency as we roll out breakfast clubs in his patch and, indeed, across the country. He makes a number of really important points about the vital need to get the infrastructure in place for free school meals. We know that that is some of the learning from the work that the London Mayor has been doing.

• 4 Feb 2025 · Children's Wellbeing and Schools Bill (Ninth sitting) · Hansard source

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  The clause removes an ambiguity in the Education and Skills Act 2008 as to when a private school or other independent educational institution may be permanently removed from the register. It amends section 100 of that Act, which currently allows for removal in certain circumstances but is silent as to whether an institution can be removed with the proprietor’s consent only. The new power expressly allows the Secretary of State to remove a private school from the register immediately if a proprietor requests this or agrees it in writing. It will provide not only for administrative convenience but for public benefit, by allowing for the register to be quickly updated and kept accurate when the proprietor consents to removal in writing. I therefore hope the Committee agrees that the clause should stand part of the Bill. Question put and agreed to. Clause 34 accordingly ordered to stand part of the Bill. Clauses 35 to 37 ordered to stand part of the Bill. Clause 38 Inspectors and inspectorates: reports and information sharing Question proposed, That the clause stand part of the Bill.

• 4 Feb 2025 · Children's Wellbeing and Schools Bill (Ninth sitting) · Hansard source

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  Amendment 71 would make changes to clause 33, which, among other things, requires private schools to seek prior approval from the Secretary of State before they occupy a building and make it available for student use. The amendment is intended to remove this new requirement. I appreciate that there may be concerns regarding new burdens on private schools, but let me explain why the change is necessary. Currently, a change of buildings occupied for student use, either at or away from the registered address, is not a material change. This means that there is no prior assurance that new buildings are safe for student use. Unfortunately, we see examples in which private schools are inspected and children are found in buildings that are unsuitable for their education and, in some cases, unsafe.

• 4 Feb 2025 · Children's Wellbeing and Schools Bill (Ninth sitting) · Hansard source

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  This group of clauses concerns actions that can be taken against those who operate an education institution in breach of the existing regulatory regime. I will discuss clause 36 first. The existing regulatory regime for private schools is found mainly in the 2008 Act. The regime requires, among other things, that settings providing full-time education are registered and subject to regular inspection. That allows the Government to intervene in cases where children’s wellbeing is at risk. Those not complying with the regulatory regime may be committing a criminal offence and may knowingly be putting children at risk of harm. Ofsted may already investigate and gather evidence of the offences to support criminal prosecution. I am sure the Committee will agree that it is vital that Ofsted has the powers it needs to investigate those crimes, and clause 36 grants Ofsted those powers. Let me be clear: the additional powers apply only in limited and specific circumstances. Ofsted’s routine activity determining school performance is not impacted by this measure. Instead, the additional powers will be available only when Ofsted is gathering evidence about the commission of the specified relevant offences. That will most commonly be in relation to investigations regarding the running of illegal unregistered schools, which is an offence under the 2008 Act. It might help Members if I quickly run through each part of the new sections. Proposed new section 127A contains the list of relevant offences. It is only during an investigation into whether offences are being or have been committed, or when evidence of offences may be found, that the strengthened powers may be used. Proposed new section 127B broadens and strengthens Ofsted’s existing powers of entry. It sets out that Ofsted may enter any premises without a warrant for the purpose of an inspection. Proposed new section 127C provides a mechanism and sets out the process whereby Ofsted may apply to a justice of the peace for a warrant to enter premises, if it is necessary for the inspection to take place. Proposed new section 127D contains a list of strengthened investigation powers that may be used by Ofsted under a warrant issued by the justice of the peace. Proposed new section 127E provides even stronger powers and introduces a mechanism for a police constable to assist with entering and investigating premises using reasonable force if necessary. Finally, proposed new section 127F contains a list of new criminal offences being introduced to discourage those present during an inspection from preventing inspectors from fulfilling their duties in this area. The measures strike the correct balance of ensuring that Ofsted can fulfil its statutory function of identifying criminal behaviour in connection with illegal, unregistered schools and so better protect children who may be attending unsafe settings, while providing oversight and scrutiny of the use of the most intrusive powers. Clause 32 contains the criminal sentences available against those who are found to be running an unregistered school. Clause 36 will make it easier to identify such people and build a prosecution against them. Those who have conducted an unregistered school have demonstrated their unsuitability for future roles overseeing children’s education. Clause 32 provides the court with a power to prevent such people from holding that responsibility in future.

• 4 Feb 2025 · Children's Wellbeing and Schools Bill (Ninth sitting) · Hansard source

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  We are consulting and engaging widely on the Bill. The hon. Lady’s point is well made, and the Department will respond to it in due course. Finally, clause 35 allows more proportionate action to be taken if a private school makes an unapproved material change. Currently, deregistration is the only option available, but forcing a school to close is often not a proportionate action to take. The new proposals will allow for relevant restrictions to be imposed on a private school by the Secretary of State when an unapproved material change is made. This will often be a more proportionate response, providing parents with confidence that suitable action can be taken to ensure that private schools are safe and suitable.

• 4 Feb 2025 · Children's Wellbeing and Schools Bill (Ninth sitting) · Hansard source

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  Amendment 70 seeks to disapply for academies the new power to suspend registration given by clause 31. It would not be appropriate if children in academies were not protected by the additional powers within a regulatory regime that already applies to them. I hope that that gives the assurance sought by the shadow Minister, and that he agrees to withdraw the amendment. Clause 31 will make several changes to the regulatory regime for private schools found in the 2008 Act. The clause has a number of distinct parts, including a new power of suspension. It may help hon. Members if I quickly summarise the most significant changes. First, the clause will allow the Government to set out, in regulations, standards requiring individual proprietors, or individuals with the general control and management of the proprietor, to be fit and proper persons in the Secretary of State’s opinion. Secondly, the clause will allow the Secretary of State to direct the chief inspector to carry out an inspection of an institution that has lodged an appeal against a decision not to register it, so that up-to-date information can be given to the tribunal. Thirdly, as discussed, the clause makes a power for the Secretary of State to temporarily suspend the registration and, where applicable, the boarding of an independent educational institution, such as a private school. That power would be used when the Secretary of State is satisfied that there are breaches of the relevant standards and she has reasonable cause to believe that, because of the breaches, there is a risk of harm to children at the institution. During the period of suspension, the proprietor would commit a criminal offence if the institution remains open, providing education or other supervised activity, or if it were to provide boarding accommodation in breach of a stop boarding requirement. In addition, rights of appeal to the first-tier tribunal against a decision to suspend registration or to impose a stop boarding requirement are conferred by subsection 31(6). We acknowledge that a suspension of registration would be a serious step that would inevitably disrupt children’s education; the new powers are therefore likely to be used only in the most serious cases. It is, however, essential that we have appropriate tools to provide the flexibility to act appropriately in cases where students are at risk of harm. Finally, the clause will, by amending section 124 of the 2008 Act, change how appeals against enforcement action to deregister private schools are determined by the first-tier tribunal. That will ensure that more effective action can be taken against private schools with long-term or serious failings. In some cases, private schools can avoid deregistration by making improvements to meet the standards at the time of the appeal hearing. These changes will ensure that the first-tier tribunal carefully considers future compliance. The clause reverses the burden of proof so that the appealing proprietor must demonstrate that it has capacity to sustain compliance with the standards. These measures make many improvements to the existing system of private school registration and regulation, and I therefore commend the clause to the Committee.

• 4 Feb 2025 · Children's Wellbeing and Schools Bill (Ninth sitting) · Hansard source

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  I appreciate the questions and contributions from the Opposition on this important clause. The right hon. Member for East Hampshire is right to ensure that he gets responses to all the questions that he raises, and I know from my own postbag that he does not shy from submitting written parliamentary questions, so I am sure he will find that route or any other appropriate route. He has asked a number of detailed questions and I am very keen that we are scrutinised in the way that we are taking this Bill forward, so if there is anything we have not responded to, obviously I shall be delighted to do so.

• 4 Feb 2025 · Children's Wellbeing and Schools Bill (Ninth sitting) · Hansard source

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  That is very kind, Sir Edward. I absolutely agree with you. The right hon. Member for East Hampshire made a number of points with regard to the Teaching Regulation Agency. He will know from his time as Education Secretary that the TRA does not deal with complaints; it considers only allegations of the most serious misconduct. Any complaint that has been incorrectly referred to the agency will now undergo an initial triage process, which ought to determine whether a referral should be progressed by the Teaching Regulation Agency or whether it is more appropriate to redirect the complainant to another service.

• 4 Feb 2025 · Children's Wellbeing and Schools Bill (Ninth sitting) · Hansard source

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  I am happy to take the shadow Minister’s points away and get him a response in due course. Question put and agreed to. Clause 30 accordingly ordered to stand part of the Bill . Clause 31 Independent educational institution standards

• 4 Feb 2025 · Children's Wellbeing and Schools Bill (Ninth sitting) · Hansard source

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  I thank the shadow Minister, the hon. Member for Harborough, Oadby and Wigston, for his constructive response. He made a number of points and asked whether the clause applies to academies. It will not change the way in which academies, as state-funded independent schools run by not-for-profit charitable status trusts, are regulated. Academy trusts are accountable to the Secretary of State for Education through their contractual funding agreement, the terms of which already require them to comply with the regulatory regime established by the 2008 Act. All academy schools are subject to regular inspection by Ofsted under the education inspection framework.

• 4 Feb 2025 · Children's Wellbeing and Schools Bill (Ninth sitting) · Hansard source

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  I assure the shadow Minister that the provision does apply to academies, so I thank him for raising that point. Clauses 33 and 35 make important changes to our material change regime, so I hope the Committee agrees that they should stand part of the Bill.

• 4 Feb 2025 · Children's Wellbeing and Schools Bill (Ninth sitting) · Hansard source

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  Private schools are subject to inspection to ensure that the education they offer is safe and helps children to achieve and thrive. In addition, where a school provides accommodation, it is also subject to welfare inspections to ensure that it complies with its duty to safeguard and promote the welfare of its boarding children. Around half of all private schools are inspected by the Independent Schools Inspectorate, with the remainder inspected by Ofsted. The clause is intended to strengthen the relationship between the two inspectorates to facilitate high-quality inspections and the identification of safeguarding risks. It will also ensure smooth working between Ofsted and any other person who may be appointed to inspect a registered setting under the Education and Skills Act 2008 or appointed to inspect accommodation provided to children by a school or college under the Children Act 1989. There is a clear interest in inspectorates working closely together, willingly collaborating on best practice and ensuring that known safeguarding risks are shared and acted on. The clause makes two types of changes to support those goals. The first type of change amends existing statutory obligation on the chief inspector to report at least annually on the quality of other inspectorates. This obligation will be replaced with a more flexible obligation on the chief inspector to report as and when required, and on all aspects of an inspectorate performance or only some. The second change confers on the chief inspector two new express powers to share information with the other inspectorates for the purpose of enabling or facilitating their inspections. This change removes any ambiguity about whether the chief inspector may share information directly with other inspectorates for those purposes. This information can already be shared via the Department. The change will allow a freer flow of information between the inspectorates and facilitate closer and joint working for the purpose of keeping children safe. Although minor, the changes will support even closer working between the inspectorates, leading to better outcomes for children. For that reason, I hope the Committee agrees that the clause should stand part of the Bill. Question put and agreed to. Clause 38 accordingly ordered to stand part of the Bill. Clause 39 Teacher misconduct Question proposed, That the clause stand part of the Bill.

• 4 Feb 2025 · Children's Wellbeing and Schools Bill (Ninth sitting) · Hansard source

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  We will consider these matters extremely closely as we progress the Bill further. I will take that point away to officials. With regard to the hon. Gentleman’s question about bankruptcy, the Teaching Regulation Agency considers only cases involving allegations of the most serious misconduct. Cases of misconduct that are not serious enough to warrant a lifetime prohibition from teaching and all cases of incompetence are more appropriately dealt with by employers at the local level. I commend the clause to the Committee. Question put and agreed to. Clause 39 accordingly ordered to stand part of the Bill. Clause 40 School teachers’ qualifications and induction

• 4 Feb 2025 · Children's Wellbeing and Schools Bill (Ninth sitting) · Hansard source

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  I answered the shadow Minister’s point earlier. We are referring specifically to private schools in this legislation. This is an important and necessary change that I trust Members will support. Amendment 72 would place on the Secretary of State a legal obligation to publish guidance regarding how a change of buildings for student use will work. I reassure Members that the Department already publishes non-statutory guidance for private schools in relation to applications to make a material change. I can confirm for Members that we intend to update the guidance ahead of introduction, to explain how provisions are intended to operate. For the reasons I have outlined, I kindly ask the shadow Minister not to press his amendments to a vote. On clause 33, if a private school wishes to amend its registered details, prior approval must be sought through a material change application. This process provides assurance that the school will still meet the independent school standards after the change is made. The current regime is too restrictive in the case of schools that admit students with special educational needs. An application for a material change is required to start or cease to admit one student. The Bill will redefine this material change to require an application to be submitted when a school wants to become, or ceases to be, a special school. It will also become a material change when a special school wants to change the type of special educational needs for which it caters. That will provide greater clarity and transparency to parents, commissioners and inspectorates. In addition, as already discussed, there will be an entirely new category of material change. It will become a material change for a school to make a change to the buildings it occupies and makes available for students’ use for more than six months. The clause also allows for an appropriate degree of discretion in deciding whether a material change can be approved.

• 4 Feb 2025 · Children's Wellbeing and Schools Bill (Ninth sitting) · Hansard source

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  I thank the hon. Member for that intervention —his questions are on the public record, and we will do our best to respond to each of the points. My colleague may also wish to respond.