The changes needed in the Children’s Wellbeing and Schools Bill, according to Children's Commissioner

The statement continues:

"Strengths of the Children’s Wellbeing and Schools Bill  

The Bill includes several significant measures for which I have advocated since taking up the role of Children’s Commissioner in 2021. I have called on successive governments to introduce a unique identifying number for children, as well as a register for all children not in school. Writing these two landmark measures into law will be of huge significance for all children in this country, especially those who face the risk of neglect or abuse outside of school.  

The Bill sets out important first steps, but there will be a need for further legislation in this parliament that focuses on children, not least those with Special Educational Needs and Disabilities (SEND). A clear vision of reform for this long-overlooked area of support is crucial and must not be seen in isolation from other improvements to children’s services.  

Areas of the Bill needing further work  

There are a number of areas where I would like to see proposals strengthened to go further:  

• Protection from assault: This is the opportunity to give children the same protection from assault as adults in England. The Bill should send a clear message to children that the state is there to protect them and should eliminate any shades of grey which leave parents, carers, professionals – and children themselves, uncertain about what level of violence is acceptable. 

• Illegal children’s homes and deprivation of liberty: Some of the most vulnerable children in the country are being placed in illegal children’s homes, denied safe and appropriate care, or are having their liberty deprived without proper safeguards. This legislation is an opportunity to bring an end to both. 

• Home education: I warmly welcome the introduction of a register of children not in school but believe the Bill should go further to both improve the support for children in home education and to introduce a clear national framework for data sharing, so that local Children Missing Education teams can quickly identify and support children missing education to return to education. 

• Child protection: To better protect children, I would like to see a requirement introduced to obtain consent from the local authority before a child is removed from school where a child has been referred to social services for a Child in Need or Child Protection enquiry in the last 12 months where the primary need was abuse or neglect. Where children have a Child in Need Plan or a Child Protection Plan, for these reasons, there should always be a named school.  

• Schools as safeguarding partners: Alongside the police, local authorities and health settings, I would like to see schools made the fourth statutory safeguarding partner. Education settings play a vital role in safeguarding. The Bill only puts in place measures to require education partners’ participation, it does not make them a partner and therefore does not put them on an equal footing with social care, health and police. 

Children have told me that they don’t feel listened to by decision makers. In The Big Ambition survey, just 22% of children agreed that the people who run the country listen to their views. This Bill is the first key piece of child-focused legislation in this parliament. It is therefore essential that its aims are communicated clearly with children themselves, including by publishing a child-friendly version of the Bill at the soonest opportunity, so that children whose lives will be impacted and improved by its measures can understand its significance. 

For children relying on failing services the proposals in this Bill cannot come quickly enough. Over the coming months, I will be monitoring the progress of the Bill alongside my team, sharing insights from children, and sharing more specific recommendations for the Bills with Parliamentarians to ensure the most is made of the opportunity to improve children’s lives. "