Showing posts with label Lord Soley. Show all posts
Showing posts with label Lord Soley. Show all posts

Wednesday, July 18, 2018

Soley's Bill - Report Stage and Third Reading

Lord Soley's Bill has had its Report Stage in the House of Lords yesterday (17th July 2018).  Looks as if they were trying to slip it by us - not only was there no notification of it on the government's site (which now lists the Third Reading of the Bill as being due on the 24th July 2018, an announcement made during the HE picnics), but there were also no speakers and no divisions.

Clearly the DfE don't want us to kick off about the Bill, but at the same time, the fact that the ptb have this legislation lined up at the same time as they are proposing significant alterations to EHE guidance - well, really this looks like too much of a coincidence.  It seems as if the Bill is meant to intimidate home educators into complying with the alterations to guidance but the fact is, a lot of HEors won't be doing with either, not least because a close reading of the draft guidance reveals that there isn't much to chose between the Bill and the draft guidance.  Given the latitude that is handed to LAs in the guidance, coupled with the Localism Act, which means that LAs are allowed to do anything they like as long as it isn't actively proscribed by the law, LAs would have a licence to behave just as the Bill prescribes.  The only sensible thing to do would be to object to both!

Lest we forget (and we really haven't), here's the current draft of the Bill with amendments from the Committee Stage:


A BILL [AS AMENDED IN COMMITTEE] TO

Make provision for local authorities to assess the educational development of children receiving elective home education; and for connected purposes.

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

 1   Duty of local authorities to assess children receiving elective home education
(1)The Education Act 1996 is amended as follows.

(2)After section 436A (duty to make arrangements to identify children not receiving education), insert —

“436B Duty of local authorities to assess children receiving elective home education
(1) Local authorities have a duty to assess the educational development of children receiving elective home education in their area.

(2) Local authorities have a duty to provide advice and information to a parent of a child receiving elective home education if that parent requests such advice or information in relation to their obligations under this section.

(3) A parent of a child receiving elective home education must register the child as such with their local authority.

(4) Local authorities must assess annually each child receiving elective home education in their area (hereafter referred to as “the assessment”).

(5) The assessment set out in subsection (4) must assess the educational development of each child.

(6) The assessment may include —

     (a) a visit to the child’s home;

     (b) an interview with the child;

     (c) seeing the child’s work; and

     (d) an interview with the child’s parent.

(7) A parent of a child receiving elective home education must provide information relevant to the assessment to their local authority when requested.

(8) The Secretary of State must by regulations made by statutory instrument specify —

        (a)the arrangements for parents to register a child with their local authority under subsection              (3); and

        (b)the methodology of the assessment.

(9) A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

(10) In this section “elective home education” refers to education given to a child at home following a decision by their parent to educate them outside the school system.”

2      Guidance relating to elective home education
(1) The Secretary of State must update the guidance for elective home education for local authorities and parents to account for section 436B of the Education Act 1996 by the end of the period of one year, beginning with the day on which this Act comes into force.

(2)In updating the guidance in subsection (1), the Secretary of State must have regard to —

       (a)the expectation that elective home education must include provision of supervised                  instruction in reading, writing and numeracy, which takes into account the child’s age, ability, aptitude and any special educational needs and disabilities, and

       (b)the views of children and parents who elect home education.


(3)   The Secretary of State may carry out a public consultation to inform the guidance set out in subsection (1).

3   Interpretation

In this Act —

“elective home education” refers to education given to a child at home following a decision by their parent to educate them outside the school system; and

“local authority” means —

         (a)in relation to England, the council of a district, county or London borough, the Common      Council of the City of London 40and the Council of the Isles of Scilly;

         (b)in relation to Wales, the council of a county or county borough.


4 Extent, commencement and short title
(1)  This Act extends to England and Wales only.

(2)  This Act comes into force at the end of the period of two months, beginning with the day on which this Act is passed.

(3)  This Act may be cited as the Home Education (Duty of Local Authorities) Act 2018.

Saturday, April 28, 2018

First Impressions of the Committee Stage of Lord Soley's Bill. 27th April 2018


Lord Soley's Home Education (Duty of Local Authorities) Bill went through Committee Stage in the House of Lords yesterday.  The proceedings as they are recorded in Hansard are here. They may also be viewed on Parliamentary TV here:

It's a complicated business working out who said what in relation to which bit. It seems you to have to read the Bill as it was originally introduced alongside the list of amendments and then need to remember which amendments were passed, but in the end, it is likely to be academic as Lord Agnew, the Parliamentary Under-Secretary of State for the DfE had this to say (key messages in bold):

"We are interested in it [the Bill] and welcome the debate it has engendered in this House and elsewhere, but the position remains that the Government are not formally supporting it. I made a commitment to consult on drafts of revised departmental guidance, ​and that consultation started on 10 April. In answer to the noble Lord, Lord Watson, the guidance looks at specific issues such as the role of safeguarding by local authorities and whether that extends to this area.

The consultation is open until 2 July and we hope for responses from a wide spectrum of families, local authorities and others. This will give us a much firmer basis for considering whether any changes are needed. In the meantime, I shall listen to today’s proceedings with interest and note the point
. It is of course open to the noble Lord, Lord Soley, not to progress his Bill further until the Government’s consultation has concluded."


The following are some of the key messages that we imagine that Lord Agnew will have heard:

On exclusions and off-rolling:

From Lord Lucas:

There seems to be evidence that some schools are making it a practice to tip children into home education.​ That is not, in itself, a wrong thing. In the circumstances of an individual child, family and school, home education may be the best alternative. Some children who have been suffering in school will flourish in home education. You just do not know, without going into the details, whether this is malpractice or good practice. In too many places in this country, the alternative to home education is exclusion, and the pathway from exclusion is into desolation. We ought to provide, but do not, a strong system of alternative education for children who are persistently excluded.

Lord Adonis replied:

Does the noble Lord think that, rather than parents being obliged to home educate their children because of the danger of exclusion, a better solution would be to be much more restrictive about exclusions in the first place and not to allow them except in extremis? In that way, we would not have this huge extension of home education that is taking place at the moment, which is a covert form of excluding pupils from school.


Lord Adonis clearly sees the need to take action on the above and proposed meetings with Lords and Academies in order to try to sort the issue of exclusion by making it less easy to do.

*************


On Suitability of Educational Provision:

Lord Adonis recognised the difficulty of being prescriptive about the suitability of educational provison:

He said:

"it is quite difficult for the state to start making judgments about the philosophical preferences of parents when it comes to home education. The point I seek to make to the Committee is that while there are some forms of home education of which I personally strongly disapprove, I do not believe that is the big social issue facing the country. The major issue is home education that means no education, not home education that means better education. It is about getting at the fundamental problem of home education that means no education and throwing children on to the scrapheap that we have to deal with."

Lord Lucas explains why assessment is such a problem:

"There is not any sensible way to assess this in a light-touch way by some sort of standard assessment. Assessments are designed to evaluate what is happening in school, where there are a lot of children and statistics are in your favour; the oddities even out and you get some sort of pattern emerging that tells you how the school is doing as a whole. Even then, there are problems, as we have with Progress 8 at the moment, where the system means that the outliers have far too much influence on the average. If you draw Progress 8 out as a bell graph, however, you can see where the weight of a school is and can make a reasonable judgment on the quality of education being provided there. You cannot do that when looking at an individual child, not simply and not just by putting them through a SATs test. You need far more information. If a parent gets to a point where they are arguing with a local authority about a school attendance order and getting the independent advice needed to establish where their child is and what they have achieved, that could cost a couple of thousand quid. This is an immense resource to apply just to check where a child is. It is entirely pointless and destructive to emphasise assessment carried out by those sorts of means. "

Lord Addington also stressed the problems of anyone assessing for ability and aptitude, particularly in relation to special needs.

Lord Lucas said that the "supervised instruction" should not be included in the Bill because it is not how many HE children learn.


****************

On how funding could be managed:

Lord Lucas:

"I urge the Government to consider the idea that a budget should be given to local authorities to provide educational assistance to home-educated children. The Government are saving so much by these children coming out of school: £5,000 per year per child. The Government should not pocket the whole of that. There is no reason to. The Government should recognise that they have a continuing duty actively to support these children.

Having that fund and local authorities having that duty would produce a supportive attitude and a real reason for parents to engage with the local authority. It means that, rather than being hidden from sight, the vast majority of these children will be seen because they will be engaging in an activity sponsored by the local authority. They will be seen by independent professionals in doing that. There will be very good visibility and the whole problem of how we know that these children are being properly educated becomes easy to solve. It is solved as a side effect of educating them. That surely must be the best way to approach this. Supportive means actively supporting their education, not just directing what it should be.

There is a wide range of good practice out there that we could borrow from and, with good funding, produce something that results in a very large proportion of home-educating parents actively wishing to register. Most of them are not state phobic. Most of them just think the state has done a very bad job for them, and they do not trust some of the individuals involved. If we get to a position where the state is providing a range of helpful services, and there is a decent budget behind that, we would solve most of the problems covered in the Bill."

Baroness Morgan did her best to put the kibosh on that idea however.

***************

On an HE Register: 

Most Lords think the idea of a register a good one though Lucas recognises that:

"We should not just pick on home education—or, rather, those parents who choose to declare themselves at home educators—because the people who will register are probably not the ones who are causing us trouble. The ones who might cause us trouble are the ones who are not registered, or the ones that schools have chosen to abandon and their parents are really not capable of picking up. I do not think registration just for home education answers the case. I hope the Minister, in all that he is thinking through, when he comes to registration will look at the wider question of how local authorities are supposed to have proper information on which children they are supposed to be paying attention to."


UPDATE:  On the matter of registration, just before 11.45 in the Committee Stage of his Bill, Lord Soley said:

"I am of the view that it would be better if we had a system where, when a child becomes of school age, they have to be registered at a school of some type.... It is a matter for thought and discussion in government as to whether we consider that further down the line. It is part of the discussion with government."

Given that Lord Soley claims this is part of a discussion with government, it seems worth the effort to try to work out what he actually means here. What would registering every school age child at school actually involve?

Would every family have to register themselves and if so, how would this be policed to make sure everyone had done it?

Given the difficulty of policing a parental registration scheme, the plan to register all children must presumably therefore involve local authorities finding the location of every child in the land in a massive data sharing exercise, presumably cross referencing health and benefits records, and the LA then placing each child on a register of a school.

However this way of going about things would almost inevitably result in a muddle of epic proportions as all those parents who didn't want their child registered at their local primary for one reason or another would have to deregister in a flurry.

However it was implemented, such a scheme would result in schooling being the norm, and, assuming that home education remained a legal option, would make home education the anomaly.  This, on the face of it, would subvert the essence of parental responsibilities encapsulated in s7 Education Act 1996 and make the state the de facto parent, since the state would be determining where a child will be educated without the input of the family. The spirit of the state taking over parental responsibilities would continue apace.

***********


On Radicalisation and Illegal Schools:

There was a general consensus that the Bill could not cope with dealing with these matters but that they did need to be dealt with by government.

***********

Saturday, April 07, 2018

A Response to the Labour's Consultation on Education Policy.

The Labour Party is asking for our views on their education policy. Given that it looks as if Labour will almost certainly form the next government, this seems an extremely important thing to do, particularly for home educators who don't appear to get any sort of a look in in the current draft policy and yet who could contribute so much!

Partaking in the consultation also seems like a good idea because it will help inform the Labour Party about why home educators think Lord Soley's Bill a bad idea.

It is possible to participate in the consultation without being a Labour Party member - you just need to register as a guest from the front page, find and read the education policy and then press through to making a submission on the policy.

Below an example of a response, with the consultation questions in blue and key points in the answers in red:

 Have your say – give us your thoughts on the questions below:

* What should a National Education Service be for and what values should it and the draft charter embody?

 The National Education Service absolutely must not become even more centralised and controlled by the state than it is already. The danger of calling it a "National" service is that it encourages the idea that education policy is controlled from the top by the state and that this state-mandated provision must be rolled out to every learner in the land. Whilst this may seem laudable, such an approach risks making the education service even more macro-managed and therefore highly unresponsive to the needs of individual learners with all their multitudinous differences.

The education system in this country is already failing all those learners who do not fit perfectly into the current schooling system, what with it's top/down directives, national curriculum, rigid targets, implacable Ofsted inspections, hierarchical school structures and national exam system, but the fact is that it isn't just unconventional learners who are currently being failed. Even those pupils who apparently fit the nationally determined schooling system could perform far more effectively in a more personalised education service which actually answered the questions they are interested in exploring.

In other words, get rid of the word "National" and instead call it a "Personalised Education Service". A Personalised Education Service could be made possible because of the advancements in technology and learning theory.

In almost every other sphere of human activity, the advancement of technology is resulting in huge and positive innovations and yet education is so mired in centralised slowness and antiquated and entrenched ideas about how education should be managed, that it is demonstrably failing to keep up with the pace of change. This is infuriating as so many pupils are being unnecesssarily failed when we have the technology at our fingertips! Labour policy should be at the cutting edge of innovation so that this country becomes a trailblazer in the use of technology to offer a properly personalised, properly engaging education to all learners.

Khan Academy, Brilliant.org and Duolingo could provide some sort of model to work with here. These websites crunch the data as a learner uses the site, thereby working out precisely where the learner is at, which bit of vocabulary he has forgotten, which tiny section of trigonometry is currently stumping him and without any further ado, will focus in on the weakness so that learning can be strengthened in exactly the area that he needs. A learner doesn't have to wait for the rest of the class to catch up before the teacher can progress to the next level, nor does he have to slow down the whole class while he clarifies a point with the teacher. He also doesn't have to wait weeks to get on to the bit of the subject that genuinely interests him as he can just switch to the next chapter with a tap on the enter key.

We could combine the power of tech with the latest information from Learning Theory, as detailed in books such as How We Learn, to maximise learning and information retention.   We should take lessons from thinkers such as these. Sites such as Brainscape.com make use of new discoveries about the workings of the brain in learning theory to help learners retain information far more effectively than can be managed through classroom teaching.

The learning that can be managed through technology is just so infinitely more efficient, it would be deeply irrational not to use it. We need to be finding ways to make this happen in schools with teachers being able to access the power of these sorts of systems to make learning so much more efficient. Who cares that the child is learning about perfect numbers and mersenne primes from a Numberphile Youtube video rather than his own teacher. If that is what is grabbing his interest, he will be learning! We will have to do this as it is the only way that humanity will have any chance of keeping up with machine learning and we will need to combine this approach with other initiatives such as the "Hive Mind" approach to solving problems, which also should be an approach that is built in to school learning.

* What amendments, if any, should be made to the principles outlined in the draft charter for the National Education Service?

It would be great if "properly appropriate, personalised learning" could be added to "high-quality" in point 5 of the principles, ie:

 "Every learner matters, so the Personalised Education Service will be committed to tackling all barriers to learning and providing a high-quality, personalised education for all".
* What additional principles should be considered for the charter of the NES?

See addition to principle no. 5, as described in the point above. It would also be worth including a principle which would explain why a personalised education service is worth having! Perhaps something like:

 "Every learner is different. We aim to offer a truly suitable education by tailoring the education to fit the learner."

In the introduction, Labour should explain why personalisation is so important:

Personalisation maximises human potential: young people will be able to find out what they are genuinely interested in learning and do not have to waste years struggling to engage with subjects that are of no interest to them and that do not match their skills. Learners can also develop their area of interest so that they become highly skilled since it will be possible to specialise from a far earlier age than is currently the case.

The fact is that the world doesn't need "broad and balanced" any more. Very soon, the growth of knowledge will be doubling every 12 hours and generalists won't be able to keep up. However, home educators, who for many years now have helped their children pursue their specific interests, can be if some help here, in being able to offer a model. In helping home educated children to pursue their interests, home educators have seen how these learners can develop their skills in particular areas to a degree that school children with rigid broad and balanced time tables do not have the time to do. The home education community has produced expert coders, linguists, musicians, mathmeticians, ballet dancers, physicists, writers, engineers, artists, chess players, lawyers, farmers, vets and doctors who were able to refine their skills in their area of specialism from a young age because they were free to focus their attention as they saw fit.

As as adjunct to personalisation of education, it would be worth adding another principle that would underpin this, ie: that

 "Education is about the autonomy of the learner and about choices about the "who, what, when, where and why" of learning."

There cannot be genuine personalisation of education if the state macro-manages policy. Educational choices must be made by learners themselves and these choices include not only what a person learns but where they learn it. Home education must therefore have a protected place in Labour party policy.

* What barriers currently exist to cooperation between education institutions, and what steps can be taken to remove them and ensure that cooperation is a central principle of our education system?

To continue with the theme of meeting the needs of individual learners. Labour policy should allow the educational system to become far more flexible with regard to where the learner is able to meet his learning needs. It would be helpful if the budget could follow the pupil far more flexibly than is currently the case, and if he were able to access a range of different resources, whether this be through schooling, flexi-schooling, virtual school, hospital school, EOTAS provision, MOOCs, home education, or any combination of these.

It would also be useful if schools could be more flexible with their opening times as there is a significant amount of evidence to show that school results for teens improve with a later start time.

One of the most frequent criticisms of the personalised education is that it would be impossible for employers to know if a job applicant is capable of working for them if they do not have a standardised bit of paper saying they have this or that grade in a subject. This problem is honestly so easily solved, that it should not pose any sort of issue. The fact is, as it stands, a lot of employers are saying that many young people, even with all the requisite exam results from the current schooling system, are not actually up to the task. Instead of producing these bits of paper that most likely have little to do with the actual work they are going to do, it would be relatively easy for a young person to build up an online portfolio of the work they have done, with data from websites collated to provide evidence of ability, and with dissertations and other work also included and checked for plagiarism. The problem of lack of motivation and poor self management skills would also be overcome as each learner would be responsible for their own learning.

Friday, December 08, 2017

Responses to Lord Soley's Blog

Clive Soley's Lords of the Blog post about the Home Education (Duty of Local Authorities) Bill naturally attracted the attention of home educators, a number of whom tried to make use of the comment section, but, as yet, to no avail - their comments appeared to be held up in the moderation process. Perhaps it was a busy day for the moderator.

In the meantime, here's a taster:

One of the many problems home educators have with an LA official coming to assess their educational provision is that they worry for the entire year that what they are doing will not be understood, appreciated or passed as acceptable, and this because the education they provide is so vastly different from school education with which most of these assessors are familiar. We wouldn’t expect the work of doctors, lawyers, nurses, financial advisers, teachers etc. to be assessed by someone who had no first hand experience or real understanding of the field and yet this is something that home educators must endure all the time.  

Then there is the problem of subjectivity of assessment. Given that most home educators do not want to jump through state determined hoops, often because they recognise them for what they are –  outdated, unnecessarily cumbersome and extremely inefficient ways of acquiring an effective education – using any sort of tool to assess learning is never going to be possible. It will all come down to whether the assessor says “yea or nay” on the day, and even if they are highly trained and experienced in the field, that may well come down to whether or not they are having 
 a bad hair day. 


Home educators feel very vulnerable when it comes to this sort of assessment. LA officials can say pretty much anything about them in their reports, and HEors are up against it if they need to prove that LA assessments have been unfair. HEors do not have access to endless resources with which to defend themselves against the state machine, and they do not trust social services or the family courts, with their reputation for back-covering and secrecy. Camilla Cavendish, with her 
previous engagement  on the subject of problems with family courts, should surely understand this. 

The prospect of assessment can also easily be hugely damaging to educational provision. Many HEors understand that helping the child pursue their interests is the most efficient and suitable form of education, and yet they worry that this may well not pass muster with the assessor and they therefore alter their educational provision, thereby make it far less effective. Children also often become demotivated at the prospect of assessment.


Then there’s the problem of the fact that many HE children will not want to see the assessors or show them evidence of their work. One of the main arguments in favour of registration and monitoring is that the state should be able to hear the voice of the child. Given that many HE children are saying that they don’t want to have to be seen by an official or produce their work, how can the state be genuinely taking the voice of children seriously, when they have ignored it as soon as they step through the door?  


Many home educators also feel strongly that a double standard is being applied in asking only home educated children where they want to be educated. When school children are asked where they too want to be educated, then perhaps it would feel like a fair question.


It feels all the more ironic that it should be the voice of the HE child that is sought, when it is actually the case that many home educators spend their entire family lives working consensually and respectfully with their children, not invading their privacy, not demanding to see work that isn’t freely offered, and generally doing their best to respect the human rights of their children.

Another significant factor that must be considered in regard to protecting children and promotion of long term mental health is the fact that many HE young people are being home educated because of severe problems with the schooling system which have impacted negatively on their mental and often physical health.  Home education can currently provide a wonderful opportunity for these children to recover.  If these young people are to be put through as assessment which could lead to them being returned to school, it is likely that this will be experienced as very traumatic.

This may seem an inconsiderable issue to some, but it is not.   At least half of the suicides of young people are related to bullying but that is just the tip of the iceberg. There are many other people who suffer long term consequences from school related stress, bullying etc.

This is on top of a load of other arguments about ECHR infringements, the problem of a state determined education undermining democracy, the state appropriating parental responsibilities, and therefore later being held to account etc, etc.