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Lord Elliott of Ballinamallard (UUP)

Speaking in the House of Lords on 10 September 2025

Debate

Children’s Wellbeing and Schools Bill

Contribution

My Lords, briefly, I have a query about proposed new subsection (2) to be inserted by Amendment 426E. I am wondering who would make the judgment around whether legal action would be required if it were to “harm … a child’s welfare, or … on balance, … greater harm … a child’s education than if the legal action was not pursued”. I agree with the noble Lord, Lord Storey. In my experience, schools have been very good at making the assessments and dealing with young people’s difficulties. The difficulty sometimes is in the relationship between the school and the authorities—I find that that can be problematic. I am not clear about supporting the amendment because of that proposed subsection, as I am not sure who would make that judgment. Who would make the judgment as to whether the child or young person is doing that deliberately, or whether it is due to their mental health state or some other reason? I am keen to know who would make that judgment.

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