The Children's Wellbeing and Schools Bill Amendment 221

Date: 16th February 2026
Category: Child rights impact assessments, Education, Leisure and Cultural Activities

A judge surrounded by children

With evidence from the pandemic exposing how children’s rights were sidelined, the Covid-19 Inquiry called for statutory Child Rights Impact Assessments. As the Children’s Wellbeing and Schools Bill progresses through Report Stage in the House of Lords, there was strong support for Amendment 221, tabled by Baroness Lister, which would have placed Child Rights Impact Assessments (CRIAs) on a statutory footing. 

Led by the Children’s Rights Alliance for England (part of Just for Kids Law), UNICEF UK, and the NSPCC, this amendment reflected a clear recommendation from the Covid-19 Inquiry, which found that undertaking CRIAs could have led to better outcomes for children during the pandemic. 

Amendment 221 was tabled by Baroness Lister of Burtersett and supported by Lord Meston and Baroness Walmsley, who spoke during the debate, and the Bishop of Gloucester. 

Baroness Lister opened the debate by setting out the case for placing CRIAs on a statutory footing. In her remarks, she highlighted that the amendment was supported by the Children's Commissioner for England and almost 160 organisations. She emphasised the significance of Module 2 of the Covid-19 Inquiry, published since Committee Stage, which recommended that the UK Government introduce statutory CRIAs, noting that rejecting the amendment would mean rejecting the Covid-19 Inquiry’s recommendation and concluded that accepting the amendment would help ensure children’s voices are heard in policymaking and leave a legacy for future governments. 

Despite warm words in relation to Baroness Lister's efforts to push progress on this issue, and supporting statements from Lord Meston (Crossbench) and Baroness Walmsley (Liberal Democrats), the Earl of Effingham (Conservative) stated that the Conservatives could not support the amendment, expressing concern that its remit could extend to a very wide range of ministerial decisions. He argued that it could add bureaucracy to an already slow legislative process and risk instead being detrimental to swift and decisive action in the best interests of children. 

Responding for the UK Government, Baroness Blake of Leeds, Government Whip, emphasised the UK Government’s commitment to upholding children’s rights and the principles of the UNCRC. She acknowledged the importance of assessing impacts on children but argued that amendment 221 was unnecessary. In her response she stated that, when ratifying the UNCRC, the UK committed to giving due regard to it when making policy and legislation, and that compliance is demonstrated through reporting to the UN Committee every five years and argued that the UK Government’s approach fulfils its UNCRC duties, while devolved administrations are free to develop their own systems, but committed to continuing to assess the impact of the devolved Government's changes. She also stated that UK Government would commit to provide training to ensure that all decisions would be made considering children’s needs and wellbeing. While she acknowledged the strength of the Covid-19 Inquiry’s recommendation and gave assurances that the UK Government would consider the findings in detail and respond in due course, it remained the overall conclusion that it was not necessary to introduce statutory CRIAs.  

In closing, Baroness Lister withdrew her amendment and expressed disappointment with the UK Government’s response. She welcomed the commitment to upskilling officials but stressed that this should be done in partnership with the organisations supporting the amendment, who do not believe current arrangements go far enough. She questioned the timing of any future legislative response to the Covid-19 Inquiry, noting that Bills do not come along often and that this Bill represented a clear opportunity to act now. She also argued that merely signing up to the UNCRC is not sufficient, and that the UN Committee on the Rights of the Child expects governments to produce CRIAs. 

 

Read the CRAE briefing in support of Amendment 221 


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