So how does this square? Are the local authority going to interview all these failing schooled children alone, in their own homes, to determine that they are receiving an unsuitable education, and then, well yes, then what? Issue a Home Education Attendance Order? An HEAO.
It wouldn't make a jot of difference if the school protests or takes the case to court since the courts will be instructed to ignore all representations from the school and just take it on the word of the inspector.
Yes, that would seem only fair under the circumstances.