Children’s Wellbeing Bill: Peers warn against ‘carve-outs’ for religious-only education settings

Peers warned the Government that proposals allowing religious settings, such as yeshivas, to dodge new regulations would undermine child protection and create a two-tier education system. Measures in the Children’s Wellbeing and Schools Bill propose to introduce a ‘Children Not in School Register’, increase Ofsted’s powers, and expand the definition of ‘independent educational institution’ to include any place that provides full-time education to five or more children. These are strongly supported by Humanists UK as the culmination of its decade-long campaign to close illegal faith schools.

Peers were debating amendments during the Report Stage of the Children’s Wellbeing and Schools Bill. Amendment 175A, tabled by the Bishop of Manchester, sought to exclude from the Bill’s expanded regulation of ‘independent educational institution’ any institution that provides only religious instruction or guidance, where parents have registered suitable out-of-school education with the local authority and the institution can demonstrate required safeguarding measures. This amendment was also previously debated at Committee stage.

Exemptions could create a two-tier system

Opponents of the amendment argued that such a carve-out risked setting a precedent for other groups to seek similar treatment, which would weaken the Bill’s regulatory aims. Speaking against the proposed amendment, Baroness Morris of Yardley warned that the amendment:

‘could be used by people of any faith to start a school and have 10 hours a day of religious instruction and home education in the evening.’

These concerns were also echoed by Liberal Democrat education spokesperson, Lord Storey, who told peers:

‘If we accommodate changes for one religious faith group, that should be available to any faith group or religious group that wants the same.’

Baroness Morris also raised concerns about how the amendment would make it harder for children to receive a broad and balanced education.

‘One of the ‘samenesses’ of our society is that we believe in the right of a child to have a broad and balanced education. I do not see how, in this structure, with yeshiva from 8 am to 6 pm and only religious education, sometimes not in the English language, then home education from 6 pm onwards, we are delivering that to those children. It is as simple as that.’

Responding on behalf of the Government, Baroness Smith of Malvern said that the Government had no intention to close down yeshivas and that its proposed measures was ‘absolutely not a failure to recognise the significance of faith-based education across a range of faiths in our country.’ The Minister told peers that Clause 37 of the Bill simply sought to extend an existing framework under the Education and Skills Act 2008 to more full-time settings. 

Door open to different standards?

Concerningly, however, the Minister also told peers that the law allowed for different standards for different types of settings, and that ‘Ministers have not yet decided which standards would be prescribed’. The Minister confirmed that an ‘extensive engagement and consultation’ on what the standards would look like would follow in due course.

The Bishop of Manchester withdrew the amendment.

Humanists UK’s Policy and Campaigns Manager, Lewis Young, said:

‘Peers were right to warn against carve-outs that would weaken consistent protections for children. The moment you start building exemptions into law, you risk creating two sets of standards – one for some children and another for everyone else.

‘Every young person deserves a broad, balanced, and safe education, and these shouldn’t depend on which institution they attend. The Government must avoid opening the door to a two-tier system. We will be strongly making the case to Ministers that one set of standards should be applied to all settings.’