This is one of the reasons why education law should be re-written. Honestly, with all those people employed by the state to ensure that a child isn't missing an education, you would have thought that it wasn't in a person's best interests to ensure that they develop useful theories!
When it comes to legal reform, we aren't just talking about s436a from the 2006 Education and Inspections Act. It has to start with s7 of the 1996 Education Act and include s437 with it too.
The epistemology and ethical constructs underpinning these sections of legislation are so woefully wrong that it isn't much of a surprise that they result in such wayward law.