B

Baroness Smith of Malvern (Lab)

Speaking in the House of Lords on 2 September 2025

Debate

Children’s Wellbeing and Schools Bill

Contribution

Right. I will turn then to Amendments 368, tabled by my noble friend Lady Whitaker, and Amendment 369, tabled by the noble Lord, Lord Wei. These amendments seek to amend the maximum fine for a breach of a school attendance order. I understand that the prospect of fines is worrying for parents. However, a parent runs the risk of a fine only if they breach the order. The consequence of breaching a school attendance order must be brought in line with the offence of unauthorised school absences. This removes the perverse incentive for a parent to remove their child from school under the guise of home education to avoid higher school attendance fines. Amendment 371, tabled by the noble Lord, Lord Lucas, would require the court to consider the best interests of the child when sentencing a parent for breaching a school attendance order. Courts in England and Wales must already consider the impact on the child when determining sentences, as per Article 8 of the European Convention on Human Rights. There is a series of amendments tabled by the noble Lord, Lord Wei, that have not been addressed in the debate. As I did previously, I will write to noble Lords responding to those amendments. I hope that, given the assurances that I have provided, the noble Lord will withdraw his amendment, and other noble Lords will not move theirs.

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