Children, Schools and Families Bill, Section 19B

19B. Entry of child’s details on home education register

1) This section applies where—

a) a parent of a child in the area of a local authority in England has applied to the authority, in the prescribed manner, for the child’s details to be entered on their home education register,

(b) the child is of compulsory school age, and

(c) it appears to the authority that the child is, or is intended to be while still of compulsory school age, a home-educated child.

(2) Unless the authority consider—

(a) that the child is within subsection (6) or (7), or

(b) that subsection (8) applies to the child’s application, they shall enter the prescribed details relating to the child on their home education register.

(3) If the authority consider—

(a) that the child is within subsection (6), or

(b) that subsection (8) applies to the child’s application, they may enter the prescribed details relating to the child on their home education register.

But this subsection is subject to subsection (4), and to any provision made by virtue of section 19C(2)(a)).

(4) If the authority consider the child is within subsection (7), they shall not enter the child’s details on their home education register.

(5) The authority shall give the parent notice—

(a) if they enter the child’s details on their home education register, of the registration;

(b) if they decide not to enter the child’s details on the register under subsection (3), of this decision and the reasons for it;

(c) if they consider the child is within subsection (7), of the reasons for this, and of the consequent refusal to enter the child’s details on their home education register.

(6) A child is within this section if—

(a) a parent of the child has previously applied in the prescribed manner for the child’s details to be entered on a home education register (whether maintained by the authority or another authority), and the application (or the most recent such application) did not succeed,

(b) the child’s details have previously been registered on a home education register (whether maintained by the authority or another authority), and the registration (or the most recent such registration) has been revoked under section 19F, or

(c) a school attendance order served under section 437 is in force in respect of the child.

(7) A child is within this subsection if the authority consider that it would be harmful to the child’s welfare for the child—

(a) to become a home-educated child, or

(b) in the case of a child who is already a home-educated child, to continue to be a home-educated child.

(8) This subsection applies to an application for registration of a child’s details on the authority’s home education register if the authority consider that information that has been provided in connection with the application is incorrect or inadequate in a material respect (whether or not it was so when it was provided).

(9) An application is made in the prescribed manner, for the purposes of this section and section 19C, if it is made in a manner determined by or in accordance with regulations under subsection (1).

(10) For the purposes of this section and sections 19C and 19D, references to entering details on an authority’s home education register, in relation to details that are already on the register, include references to keeping those details on the register.