Children, Schools and Families Bill, Schedule 1 Paragraph 3

Duty to make arrangements to identify unregistered children, etc

In Chapter 2 of Part 6 of EA 1996 (school attendance), before section 436A there is inserted—

“436ZA Duty to make arrangements to identify children not receiving education, etc: England

(1) A local authority in England must make arrangements to enable them to establish (so far as it is possible to do so) the identities of children in their area who are—

(a) of compulsory school age, and

(b) within subsection (2) or (3).

(2) A child within this subsection is one who is not a home-educated child, but—

(a) is not a registered pupil at a school, and

(b) is not receiving suitable education otherwise than at a school.

(3) A child within this subsection is one who—

(a) is a home-educated child, but

(b) is not registered on the authority’s home education register.

(4) In exercising their functions under this section, a local authority must have regard to any guidance given from time to time by the Secretary of State.

(5) In this Chapter, “suitable education”, in relation to a child, means efficient full-time education suitable to—

(a) the child’s age, ability and aptitude, and

(b) any special educational needs the child may have.”