Monday, November 30, 2009
The Only Chance for the Children, Schools and Families Bill
On handing in our petitions, a number of us have taken the opportunity to ask our MPs about the chances of the Childrens, Schools and Families Bill actually being passed. The answer seems to be that it is unlikely to become law before the next election but it still could do so in a process known as the "the wash-up".
This is the procedure whereby once an election is announced, the government approaches the two main opposition parties and asks them to agree to let through say, three or four bills.
We will have to keep a close eye on this one.
This is the procedure whereby once an election is announced, the government approaches the two main opposition parties and asks them to agree to let through say, three or four bills.
We will have to keep a close eye on this one.
Sunday, November 29, 2009
Saturday, November 28, 2009
Further Update on Petition
There are yet more reports from people who have handed over their petitions to MPs in the past few days. Some have managed to get the press involved as well.
People with uncooperative Labour MPs are sending their petitions straight to Graham Stuart which should generate further media coverage.
We hear that
"Over 370 constituencies have coordinators, so it’s a massive project and even if only a third of the petitions are presented formally, it will dwarf any previous national petition (apparently 44 is the highest to date)."
People with uncooperative Labour MPs are sending their petitions straight to Graham Stuart which should generate further media coverage.
We hear that
"Over 370 constituencies have coordinators, so it’s a massive project and even if only a third of the petitions are presented formally, it will dwarf any previous national petition (apparently 44 is the highest to date)."
The Mother Magazine
...on the government's proposals to ruin the lives of home educators.
This is how it looks from the other side of the pond.
This is how it looks from the other side of the pond.
Friday, November 27, 2009
Petitions Well-received
Home educators have been handing over their petitions to their MPs in dozens of constituencies around the country today and have frequently met with a favorable reception. My MP greeted me with the words "You won't need to stay long, as I completely agree with you", and that was pretty much it!
Other MPs, whilst understanding that the current proposals are disproportionate, are more ambivalent on the issue of registration, but the more we can explain the mission-creep and resulting state-inflicted abuse that registration would almost inevitably entail, the better.
Other MPs, whilst understanding that the current proposals are disproportionate, are more ambivalent on the issue of registration, but the more we can explain the mission-creep and resulting state-inflicted abuse that registration would almost inevitably entail, the better.
Thursday, November 26, 2009
Lord Lucas on the Children, Schools and Families Bill
...on Iplayer here and in Hansard here.
The home education community feels properly represented in Parliament. Lord Lucas is a good man who listens, understands and persists in making great good sense, but there are others who haven't taken the time. In her summing up, Baroness Royall of Blaisdon put the government's position:
"Clearly the noble Lord, Lord Lucas, does not like the part of the Bill relating to home education. However, the Government are committed to supporting its continuation as a choice for parents. Registration and monitoring will give local authorities the tools that they need to tackle the small number of cases where the education provided is not good enough. It will also ensure that in future there is a clearer picture on home-educated children. Home-educating families are doing a fine job and are co-operating with reasonable requests from their local authority; they will find little difference in their lives."
On this last point, she is completely wrong and shouldn't go about pretending that she knows what she is talking about.
The home education community feels properly represented in Parliament. Lord Lucas is a good man who listens, understands and persists in making great good sense, but there are others who haven't taken the time. In her summing up, Baroness Royall of Blaisdon put the government's position:
"Clearly the noble Lord, Lord Lucas, does not like the part of the Bill relating to home education. However, the Government are committed to supporting its continuation as a choice for parents. Registration and monitoring will give local authorities the tools that they need to tackle the small number of cases where the education provided is not good enough. It will also ensure that in future there is a clearer picture on home-educated children. Home-educating families are doing a fine job and are co-operating with reasonable requests from their local authority; they will find little difference in their lives."
On this last point, she is completely wrong and shouldn't go about pretending that she knows what she is talking about.
What I will be saying to my MP tomorrow
My argument to him is now going to be: look what this will actually mean. It will mean that children, some of whom have profound problems of one sort or another with school, who may well be simply terrified of it and who would NOT be well served by being forced to go back to it, but who ARE extremely well served by being educated out of school, will spend their whole lives worrying about the subjective judgement of a complete stranger, since this could simply devastate their lives.
Home education is an entire way of life for these children. Being forced back into school on someone's probably poorly informed judgement about what constitutes a suitable education would destroy their entire lives and ruin the balance and trust that a family regularly achieves by home educating their children.
No other children are held to such regular and all-encompassing account.
There is a received but extremely poorly informed idea that school refusal is an irrational phobia that must be overcome and that this is best achieved by forcing children back to school. Yet outcomes for these children are not good. (Hersov and Berg). We don't force adults back into a work place where they are unhappy and/or unsuccessful and which doesn't suit them. Why should we persist with this approach with children when experience in the HE community demonstrates the success of home education as a means of achieving a successful outcome?
Children who were living extremely successful lives will find that those lives are entirely conditional, entirely unsafe. This will be devastating and home educating parents will not accept it and will do their utmost to resist it.
It MUST NOT HAPPEN.
Meanwhile, Lord Lucas who will be speaking on the bill in the Queen's Speech debate tomorrow, will be saying much the same thing, if for other extremely pressing reasons.
And for a general critique of the failure of Every Child Matters to deliver anything significant by way of safeguarding and success for children, go here.
Home education is an entire way of life for these children. Being forced back into school on someone's probably poorly informed judgement about what constitutes a suitable education would destroy their entire lives and ruin the balance and trust that a family regularly achieves by home educating their children.
No other children are held to such regular and all-encompassing account.
There is a received but extremely poorly informed idea that school refusal is an irrational phobia that must be overcome and that this is best achieved by forcing children back to school. Yet outcomes for these children are not good. (Hersov and Berg). We don't force adults back into a work place where they are unhappy and/or unsuccessful and which doesn't suit them. Why should we persist with this approach with children when experience in the HE community demonstrates the success of home education as a means of achieving a successful outcome?
Children who were living extremely successful lives will find that those lives are entirely conditional, entirely unsafe. This will be devastating and home educating parents will not accept it and will do their utmost to resist it.
It MUST NOT HAPPEN.
Meanwhile, Lord Lucas who will be speaking on the bill in the Queen's Speech debate tomorrow, will be saying much the same thing, if for other extremely pressing reasons.
And for a general critique of the failure of Every Child Matters to deliver anything significant by way of safeguarding and success for children, go here.
Wednesday, November 25, 2009
The Children, Schools and Families Bill
The sections from the Children, Schools and Families Bill which relate to home education can be found here (Clauses 26 and 27) and here (Schedule 1).
It is easier to work this all out using the Explanatory Notes, though the whole thing is still far from transparent and home educators are still processing the full implications of it all.
Suffice it to say that it does not look good. It appears to place the decision about the nature of a suitable education firmly in the hands of the state. Registration can be refused on the arbitrary and subjective whim of the local authority as they are to be delivered of the right to decide upon the nature of "harm" to a child (section 19B,(7)) and as the Secretary of State is delivered of the right to determine the necessary requirements for successful registration. I am yet to clarify if harm will continue to mean what it has previously meant. (See section 47, Children Act 1989).
If my understanding is correct, registration may also be refused, not simply on the basis of suspicion of harm to the child, but if the statement of education or any other relevant information that is provided by the parent upon application to register is deemed inadequate: (section 19B,(8)). Registration may also be revoked if the education is deemed unsuitable (section 19F (1)) and an LA will be able to refuse repeat application to register until a certain time has passed.
Further, quoting Dani: "the Bill proposes that any home educated child who is not ‘registered’ with the local authority will be the subject of a School Attendance Order, should they be discovered. In such a situation, the Bill states that “an authority shall disregard any education being provided to the child as a home- educated child.”
Though the government has clearly decided to back away from the idea of creating a new criminal offence of failing to register, it is attempting to create a compulsory system by threatening to force home educated children into school if their parents do not comply.
Further on this point, it appears that LAs will not have to apply to the courts to issue an SAO - they just issue it. Should the parents fail to comply with the SAO, they will then be taken to the courts. (Schedule 1, Section 9). However, the courts would STILL not take the issue of suitable education into account, so the parents would almost certainly lose.
Dani continues:
...the Bill states that there will be no automatic right of entry to homes or to see children alone. However, the proposed new Section 19F(1)(e) would give local authorities the right to remove a child’s name from the home education register if it appears to them that:
“by reason of a failure to co-operate with the authority in arrangements made by them under section 19E, or an objection to a meeting as mentioned in section 19E(4), the authority have not had an adequate opportunity to ascertain the matters referred to in section 19E(1)”
Our interpretation of this is that the system of monitoring will be determined by the local authority, and any objections raised by a home educating family could easily lead to their child’s removal from the register and a consequent School Attendance Order."
Dani adds:
"These sections in particular, especially combined with the proposed new section 19C (which allows for the issuing of regulations on various key aspects of the registration system) would have the effect of locking home educating families into a monitoring system, which can be amended without Parliamentary scrutiny by any future government."
Explanatory notes:
"Home education
It is easier to work this all out using the Explanatory Notes, though the whole thing is still far from transparent and home educators are still processing the full implications of it all.
Suffice it to say that it does not look good. It appears to place the decision about the nature of a suitable education firmly in the hands of the state. Registration can be refused on the arbitrary and subjective whim of the local authority as they are to be delivered of the right to decide upon the nature of "harm" to a child (section 19B,(7)) and as the Secretary of State is delivered of the right to determine the necessary requirements for successful registration. I am yet to clarify if harm will continue to mean what it has previously meant. (See section 47, Children Act 1989).
If my understanding is correct, registration may also be refused, not simply on the basis of suspicion of harm to the child, but if the statement of education or any other relevant information that is provided by the parent upon application to register is deemed inadequate: (section 19B,(8)). Registration may also be revoked if the education is deemed unsuitable (section 19F (1)) and an LA will be able to refuse repeat application to register until a certain time has passed.
Further, quoting Dani: "the Bill proposes that any home educated child who is not ‘registered’ with the local authority will be the subject of a School Attendance Order, should they be discovered. In such a situation, the Bill states that “an authority shall disregard any education being provided to the child as a home- educated child.”
Though the government has clearly decided to back away from the idea of creating a new criminal offence of failing to register, it is attempting to create a compulsory system by threatening to force home educated children into school if their parents do not comply.
Further on this point, it appears that LAs will not have to apply to the courts to issue an SAO - they just issue it. Should the parents fail to comply with the SAO, they will then be taken to the courts. (Schedule 1, Section 9). However, the courts would STILL not take the issue of suitable education into account, so the parents would almost certainly lose.
Dani continues:
...the Bill states that there will be no automatic right of entry to homes or to see children alone. However, the proposed new Section 19F(1)(e) would give local authorities the right to remove a child’s name from the home education register if it appears to them that:
“by reason of a failure to co-operate with the authority in arrangements made by them under section 19E, or an objection to a meeting as mentioned in section 19E(4), the authority have not had an adequate opportunity to ascertain the matters referred to in section 19E(1)”
Our interpretation of this is that the system of monitoring will be determined by the local authority, and any objections raised by a home educating family could easily lead to their child’s removal from the register and a consequent School Attendance Order."
Dani adds:
"These sections in particular, especially combined with the proposed new section 19C (which allows for the issuing of regulations on various key aspects of the registration system) would have the effect of locking home educating families into a monitoring system, which can be amended without Parliamentary scrutiny by any future government."
Explanatory notes:
"Home education
Clause 26: Home Education: England
"112. This clause needs to be read with Schedule 1. This clause and Schedule 1 introduce a registration scheme for children who are being educated at home in England. Home education is lawful and at present it is largely unregulated. Where a child has never attended school, parents are not required to inform their local authority that the child is being educated at home, or to seek approval of the home education being provided. The Schedule introduces a new registration scheme to enable local authorities in England to keep track of home-educated children. In terms of enforcement of the new system, the Schedule links the home education registration scheme to the school attendance order regime.
Home Education: registration and monitoring113. Clause 26 gives effect to the provisions of the Schedule. Paragraph 1 of the Schedule inserts new sections 19A to 19I into Part 1, Chapter 3, of the EA 1996 (local authorities). The new sections impose new duties on English local authorities in relation to children who are to be electively home-educated.
114. New section 19A requires a local authority to keep a register of all children of compulsory school age in their area who are being educated entirely at home - i.e., none of whose education is provided at a school, or under section 19 of the EA 1996 (exceptional provision of education in pupil referral units or elsewhere).
115. Subsections (2) and (3) of new section 19A enable the Secretary of State to make regulations about how local authorities will maintain and amend the register. Subsection (4) of new section 19A defines what is meant by a “home-educated child” and “home education register”.
116. New Section 19B sets out what a local authority is required to do when the parent of a home-educated child of compulsory school age in their area applies, in the prescribed way, for the child to be placed on their home education register. The authority must register the child unless they consider that the child is within subsection (6) or (7), or that subsection (8) applies to the child’s application. If they consider the child is within subsection (7), they must not register the child. But if they think the child is within subsection (6), or that subsection (8) applies to the child’s application, they may choose whether or not to register the child. For example, a child may be within subsection (7) if that child is subject to a child protection plan and is thought to be safer at school or in alternative provision than being educated at home. Giving local authorities the discretion to register in relation to children falling within subsections (6) and (8) will allow a local authority to consider issues and circumstances which are likely to be relevant to whether those children should be registered. The local authority must notify the child’s parent of registration or, if registration is refused, of this fact and the reasons for it (subsection (5)).
117. New section 19C confers power on the Secretary of State to make regulations about steps to be taken by a local authority in connection with an application for registration, and specifies that this may include provision as described in subsection (2).
118. New section 19C also specifies that the power conferred by section 19B(1)(a) may be used to make provision about the form and content of any application for entry on the home education register, and as described in subsection (5). There is a specific reference in subsection (4) of new section 19C to a statement giving information about the child’s prospective education. The Government envisages that all applications will be required to provide such a statement, or to provide an undertaking to provide such a statement. In addition the power under new section 19B(1)(a) is likely to be used as described in subsection (5), i.e. to make provision enabling an authority that has refused a child’s application, or revoked a child’s registration, to require a period of time to elapse before a fresh application is made in respect of the child. This would prevent local authorities from having to process immediate, subsequent re-applications for registration from parents where there have been no material changes in circumstances.
119. New section 19D makes provision about how long registration will last. It also provides that, for enforcement purposes, a child will be treated as registered as soon as an application for registration has been made.
120. The effect is that once an application has been made in respect of a child, the child will be treated as registered until the application is rejected, or (assuming that the application is successful) until the expiry of the period of 12 months from the date of registration. But if the child’s registration is revoked during that 12 month period, then the child will cease to be treated as registered as from the date of the notice of revocation that needs to be given to the child’s parent. The registration will also terminate if the child ceases to be of compulsory school age.
121. New section 19E obliges a local authority to make arrangements to monitor the education provided to a child on their home education register. The objective of the arrangements is to ascertain, as far as reasonably practicable, whether the child is receiving a suitable education, whether the education accords with the information given about it, what the child’s wishes and feelings about it are, and whether it would be harmful for the child’s welfare for the education to continue.
122. Subsection (2) of new section 19E defines what is meant by a suitable education for this purpose. Subsection (3) provides that the arrangements made by a local authority under new section 19E must include arrangements, in each registration period, for at least the meetings and visits described in that subsection- unless the registration period begins less than 6 months from the end of compulsory education, in which case the local authority has a power to make arrangements of the sort described in subsection (3) rather than a duty. The duty requires an authority to see a child, the parent and the place (or at least one of the places) where the education is to take place, at least once in any registration period. Where a local authority consider that someone other than the parent is primarily responsible for providing education then the local authority will be under a duty to see that other person as well, at least once in any registration period. For most home-educated children, these visits will be carried out concurrently. Subsection (4) explains that the local authority cannot make arrangements to see the child on their own if the child or the parent objects to such a meeting.
123. Subsection (5) explains that a local authority must give at least two weeks written notice of a proposed meeting or of a visit to a place where education is provided.
124. New section 19F gives a local authority the power to revoke registration on their home education register in certain circumstances. Where a local authority exercises this power, it must give notice of the revocation to the child’s parent (subsection (3)).
125. Section 19F(1)(a) to (g) set out the circumstances in which a local authority may revoke registration. Subsection (4) provides that in deciding for the purpose of revoking registration whether it would be harmful to the child’s welfare for home-education to continue, and whether the home-education being provided is suitable, the local authority is to take into account the wishes and feelings of the child as far as is reasonably practicable.
126. Subsection (2) of new section 19F provides a definition of suitable education for the purposes of revocation under section 19F(1). (This is the same as the definition in new section 19E.)
127. Subsection (5) of new section 19F gives power to the Secretary of State to make regulations about the specific actions that a local authority should take in connection with revocation, or proposed revocation. The regulations may (subsection (6)) include provision about matters that local authorities should and should not take into account when considering revocation.
128. New section 19G requires regulations to provide for a parent to be able to appeal against a local authority’s decision to refuse or revoke registration. The provision made by the regulations may include provision about the matters listed in subsection (2) - including the time limit for bringing appeals and the procedure on appeals. The regulations may also provide that where a right of appeal has been exercised in respect of a child’s registration, the child is to be treated as registered, for the purposes of enforcement, despite the refusal or revocation of registration.
129. New section 19H permits the Secretary of State to make regulations requiring information relating to a child to be supplied to a local authority in England, in certain circumstances, for the purposes of the exercise of their home-education functions. The persons who may be required to supply information are another local authority in England, and the proprietor of a school in England from which the child has been withdrawn for home-education. The Government intends to use this power, for example, to provide that if a school has been notified that a child is being withdrawn to be home-educated, and the school knows the identity of the local authority for the area where the child will be home-educated, the school must notify that local authority and pass on certain information about the child such as the child’s educational attainment to date.
130. New section 19I requires local authorities to have regard to any statutory guidance issued by the Secretary of State when exercising their functions under sections 19A to 19H.
Duty to make arrangements to identify unregistered children, etc
131. Paragraph 3 of Schedule 1 inserts a new section 436ZA into the EA 1996. This is needed to reflect the fact that, in England, home-educated children will need to be registered on their local authority’s home-education register. The new section requires a local authority in England to make arrangements to identify two categories of children of compulsory school age in their area. The first category is that consisting of children who are not home-educated, are not registered pupils at a school, and are not receiving suitable education provided under section 19 of the EA 1996 (alternative provision). Children within this category will be those who are not receiving any education at all, or who are receiving education under section 19 (of the Education Act 1996) that for some reason is not suitable. The second category is that consisting of home-educated children who are not on the authority’s home education register.
132. Subsection (4) of new section 436ZA requires local authorities to have regard to any statutory guidance issued by the Secretary of State when exercising their function of making arrangements to identify these children.
School attendance orders133. The new registration scheme is to be enforced through the existing system of school attendance orders. Paragraphs 5 - 10 of Schedule 1 amend the EA 1996 to provide for this. The bulk of the amendments are to sections 437, 442 and 443 of the EA 1996. There are also consequential amendments to sections 438 and 441 of the EA 1996. Since the provisions in the Bill about home education apply only in relation to local authorities in England, the result is that the school attendance order system will work slightly differently in England from the way in which it works in Wales. The amendments do not change the operation of the school attendance order system in Wales.
134. The result of the amendments to section 437 is that, if a child in the area of a local authority in England appears to the authority to be being home-educated, but is not on their home education register (and has not applied to go on the register), a school attendance order will be served - provided that the authority considers that it is expedient for the child to attend school (new subsection (3A) of section 437 of the EA 1996, as inserted by paragraph 5(6) of Schedule 1.) In considering for this purpose whether it is expedient that an unregistered home-educated child should attend school, an authority is to disregard the unregistered home education being provided to the child (new subsection (3B) of section 437). But they may consider other matters, for example whether alternative provision should be made for the child under section 19 of the EA 1996.
135. If a child in the area of a local authority in England does not appear to the authority to be a home-educated child, but it appears to the authority that the child is not receiving suitable education, then the effect of section 437(B1) of the EA 1996, as inserted by paragraph 5(2) of Schedule 1 is that the authority must serve notice on the child’s parent. If, in response to the notice, the parent satisfies the authority that the child is receiving suitable education provided at school or under section 19, or that the child is registered on their own or another authority’s home education register, then this will be the end of the matter. So for instance a parent of a home-educated child could respond to a notice by applying for registration, thus stopping the school attendance order process. Or a parent of a child who had not been attending school because of, for instance, bullying concerns, could decide to opt for home education, and make an application accordingly, thus stopping the process. But if the parent fails to satisfy the local authority of any of these matters then the authority will serve a school attendance order.
136. Section 442 of the EA 1996 makes provision for a school attendance order to be revoked in certain circumstances. The amendments made to section 442 by paragraph 8 of Schedule 1 reflect the fact that, in England, revocation of a school attendance order will need to take into account the new registration system. The effect of the amendments is that a local authority in England must revoke a school attendance order served by them in respect of a child if the child is registered on their home education register. They must also revoke the order if they are satisfied that the child is registered on another authority’s register (provided that the child is in that other authority’s area). So for instance if a home-educated child in respect of whom an order has been served by one authority moves to another authority’s area after service of the order, and the child’s parent applies for registration there, the parent will be able to have the order revoked by informing the original authority of the registration. The local authority must also revoke the order if the parent applies for revocation on the ground that arrangements have been made for the child to receive suitable education under section 19 of the EA 1996, unless they do not think that satisfactory arrangements for this have been made.
137. Section 443 of the EA 1996 makes it a criminal offence to fail to comply with a school attendance order. Paragraph 9 of Schedule 1 amends section 443 to reflect the new registration system. The result is that, where a school attendance order has been served by a local authority in England, a non-complying parent will not be guilty of an offence if the child is registered on the authority’s home education register. Nor will a non-complying parent be guilty of an offence if he or she can prove that the child is registered on another authority’s home education register, or is receiving suitable education provided under section 19 of the EA 1996.
Clause 27: Power of National Assembly for Wales to make provision by Measure
138. Clause 27 confers power on the National Assembly for Wales to make provision about the regulation of home education, and the inspection of services provided by local authorities for persons involved in providing home education. It achieves this by amending field 5 of Part 1 of Schedule 5 to the Government of Wales Act 2006 (legislative competence of National Assembly for Wales in the area of education and training).
Tuesday, November 24, 2009
Section 437 with Amendments
437. School attendance orders.
(A1) Subsection (B1) applies if—
(a) it appears to a local authority in England that a child of compulsory school age in their area is not receiving suitable education, and
(b) the child does not appear to the authority to be a home-educated child.
(B1) The authority shall serve a notice in writing on the child’s parent requiring the parent to satisfy them within the period specified in the notice that the child is either—
(a) receiving suitable education provided wholly or partly by regular attendance at school, or otherwise than at school under section 19,
(b) registered on their home education register, or
(c) in the area of another authority and registered on that authority’s home education register.
(1) If it appears to a local education authority in Wales that a child of compulsory school age in their area is not receiving suitable education, either by regular attendance at school or otherwise, they shall serve a notice in writing on the parent requiring him to satisfy them within the period specified in the notice that the child is receiving such education.
(2) The period specified in a notice under this section shall not be less than 15 days beginning with the day on which the notice is served.
(3) If—
(a) a parent on whom a notice has been served under subsection (B1) or (1) fails to satisfy the local education authority as specified in the notice, within the period specified in the notice,
(b) in the opinion of the authority it is expedient that the child should attend school, the authority shall serve a school attendance order on the parent
(c) in the case of a notice served under subsection (B1), the child does not appear to the authority to be a home- educated child,”;
(3A) If it appears to a local authority in England—
(a) that a child of compulsory school age in their area is a home-educated child, but is not registered on their home education register, and
(b) that it is expedient that the child should attend school, the authority shall serve a school attendance order on the child’s parent.
(3B) In determining for the purposes of subsection (3A)(b) whether it is expedient that a child should attend school, an authority shall disregard any education being provided to the child as a home-educated child.
(4) A school attendance order shall (subject to any amendment made by the local education authority) continue in force for so long as the child is of compulsory school age, unless—
(a) it is revoked by the authority, or
(b) a direction is made in respect of it under section 443(2) or 447(5).
(5) Where a maintained school is named in a school attendance order, the local education authority shall inform the governing body and the head teacher
(6) Where a maintained school is named in a school attendance order, the governing body (and, in the case of a maintained school, the local education authority) shall admit the child to the school.
(7) Subsection (6) does not affect any power to exclude from a school a pupil who is already a registered pupil there.
(8) In this Chapter— “maintained school” means any community, foundation or voluntary
school or any community or foundation special school not established in a hospital; and “suitable education”, in relation to a child, means efficient full-time education suitable to his age, ability and aptitude and to any special educational needs he may have.
(9) In this Act “school attendance order” means an order, in such form as may be prescribed, served on a child’s parent under this section and requiring the parent to cause the child to become a registered pupil at a school named in the order.”
If we have this correctly, this would mean that if a home educated child is unregistered, it doesn't matter if a suitable education is being provided. An SAO will be automatically issued. Whether it would be possible to apply to register within the time specified in the notice of the SAO is another matter.
If parents refuse to co-operate with the SAO, the courts will also not consider the matter of whether a suitable education is being provided and will automatically find them guilty.
9
(1) Section 443 of EA 1996 (offence: failure to comply with order) is amended as follows.
(2) Before subsection (1) there is inserted—
(A1) A parent on whom a school attendance order is served in respect of a child by a local authority in England, and who fails to comply with the requirements of the order, is guilty of an offence unless—
(a) the parent proves that he is causing the child to receive suitable education, otherwise than at school, under section 19,
(b) the child is registered on the authority’s home education register, or
(c) the parent proves that the child is in the area of another authority, and the child is registered on that authority’s home education register.”
(A1) Subsection (B1) applies if—
(a) it appears to a local authority in England that a child of compulsory school age in their area is not receiving suitable education, and
(b) the child does not appear to the authority to be a home-educated child.
(B1) The authority shall serve a notice in writing on the child’s parent requiring the parent to satisfy them within the period specified in the notice that the child is either—
(a) receiving suitable education provided wholly or partly by regular attendance at school, or otherwise than at school under section 19,
(b) registered on their home education register, or
(c) in the area of another authority and registered on that authority’s home education register.
(1) If it appears to a local education authority in Wales that a child of compulsory school age in their area is not receiving suitable education, either by regular attendance at school or otherwise, they shall serve a notice in writing on the parent requiring him to satisfy them within the period specified in the notice that the child is receiving such education.
(2) The period specified in a notice under this section shall not be less than 15 days beginning with the day on which the notice is served.
(3) If—
(a) a parent on whom a notice has been served under subsection (B1) or (1) fails to satisfy the local education authority as specified in the notice, within the period specified in the notice,
(b) in the opinion of the authority it is expedient that the child should attend school, the authority shall serve a school attendance order on the parent
(c) in the case of a notice served under subsection (B1), the child does not appear to the authority to be a home- educated child,”;
(3A) If it appears to a local authority in England—
(a) that a child of compulsory school age in their area is a home-educated child, but is not registered on their home education register, and
(b) that it is expedient that the child should attend school, the authority shall serve a school attendance order on the child’s parent.
(3B) In determining for the purposes of subsection (3A)(b) whether it is expedient that a child should attend school, an authority shall disregard any education being provided to the child as a home-educated child.
(4) A school attendance order shall (subject to any amendment made by the local education authority) continue in force for so long as the child is of compulsory school age, unless—
(a) it is revoked by the authority, or
(b) a direction is made in respect of it under section 443(2) or 447(5).
(5) Where a maintained school is named in a school attendance order, the local education authority shall inform the governing body and the head teacher
(6) Where a maintained school is named in a school attendance order, the governing body (and, in the case of a maintained school, the local education authority) shall admit the child to the school.
(7) Subsection (6) does not affect any power to exclude from a school a pupil who is already a registered pupil there.
(8) In this Chapter— “maintained school” means any community, foundation or voluntary
school or any community or foundation special school not established in a hospital; and “suitable education”, in relation to a child, means efficient full-time education suitable to his age, ability and aptitude and to any special educational needs he may have.
(9) In this Act “school attendance order” means an order, in such form as may be prescribed, served on a child’s parent under this section and requiring the parent to cause the child to become a registered pupil at a school named in the order.”
If we have this correctly, this would mean that if a home educated child is unregistered, it doesn't matter if a suitable education is being provided. An SAO will be automatically issued. Whether it would be possible to apply to register within the time specified in the notice of the SAO is another matter.
If parents refuse to co-operate with the SAO, the courts will also not consider the matter of whether a suitable education is being provided and will automatically find them guilty.
9
(1) Section 443 of EA 1996 (offence: failure to comply with order) is amended as follows.
(2) Before subsection (1) there is inserted—
(A1) A parent on whom a school attendance order is served in respect of a child by a local authority in England, and who fails to comply with the requirements of the order, is guilty of an offence unless—
(a) the parent proves that he is causing the child to receive suitable education, otherwise than at school, under section 19,
(b) the child is registered on the authority’s home education register, or
(c) the parent proves that the child is in the area of another authority, and the child is registered on that authority’s home education register.”
A Wikiversity Page
...on the Children, Schools and Families Bill has been set up here. Discussion and edits required.
Children, Schools and Families Bill, Schedule 1 Paragraph 5 - 10
Schedule 1 Paragraph 5 - 10
School attendance orders
5 (1)Section 437 of EA 1996 (school attendance orders) is amended as follows.
5 (2) Before subsection (1) there is inserted—
(A1) Subsection (B1) applies if—
(a) it appears to a local authority in England that a child of compulsory school age in their area is not receiving suitable education, and
(b) the child does not appear to the authority to be a home-educated child.
(B1) The authority shall serve a notice in writing on the child’s parent requiring the parent to satisfy them within the period specified in the notice that the child is either—
(a) receiving suitable education provided wholly or partly by regular attendance at school, or otherwise than at school under section 19,
(b) registered on their home education register, or
(c) in the area of another authority and registered on that authority’s home education register.”
(3) In subsection (1), after “authority” there is inserted “in Wales”.
(4) In subsection (2), for “That period” there is substituted “The period specified in a notice under this section”.
(5) In subsection (3)—
(a) in paragraph (a)—
(i) after “subsection” there is inserted “(B1) or”;
(ii) after “authority” there is inserted “as specified in the notice”;
(iii) the words “that the child is receiving suitable education, and” are omitted;
(b) at the end of paragraph (b) there is inserted “and
(c) in the case of a notice served under subsection (B1), the child does not appear to the authority to be a home- educated child,”;
(c) for the words from “on the parent” to the end there is substituted “a school attendance order on the parent”.
(6) After subsection (3) there is inserted—
“(3A) If it appears to a local authority in England—
(a) that a child of compulsory school age in their area is a home-educated child, but is not registered on their home education register, and
(b) that it is expedient that the child should attend school, the authority shall serve a school attendance order on the child’s parent.
(3B) In determining for the purposes of subsection (3A)(b) whether it is expedient that a child should attend school, an authority shall disregard any education being provided to the child as a home-educated child.”
(7) After subsection (8) there is inserted—
“(9) In this Act “school attendance order” means an order, in such form as may be prescribed, served on a child’s parent under this section and requiring the parent to cause the child to become a registered pupil at a school named in the order.”
(6)In section 438 of EA 1996 (choice of school), after “section 437(3)” there is inserted “or (3A)”.
(7) In section 441 of EA 1996 (choice of school: child with statement of special educational needs), after “section 437(3)” there is inserted “or (3A)”.
8 (1) Section 442 of EA 1996 (revocation of order at request of parent) is amended as follows.
(2) Before subsection (1) there is inserted—
“(A1) Subsections (B1) to (D1) apply where a school attendance order served by a local authority in England is in force in respect of a child.
(B1) If the child is registered on the authority’s home education register, the authority shall revoke the order.
(C1) If the authority are satisfied that the child—
(a) is in the area of another authority, and
(b) is registered on that authority’s home education register, they shall revoke the order.
(D1) If at any time the parent applies to the authority requesting that the order be revoked on the ground that arrangements have been made for the child to receive suitable education, otherwise than at a school, under section 19, the authority shall comply with the request, unless
they are of the opinion that no satisfactory arrangements to this effect have been made.”
(3) In subsection (1), for the words from “This section” to “order” there is substituted “Subsection (2) applies where a school attendance order served by a local authority in Wales”.
(4) In subsection (3), after “subsection” there is inserted “(D1) or”.
(5) In subsection (5)(a), after “subsections” there is inserted “(B1) to (D1) and”.
9 (1) Section 443 of EA 1996 (offence: failure to comply with order) is amended as follows.
(2) Before subsection (1) there is inserted—“(A1) A parent on whom a school attendance order is served in respect of a child by a local authority in England, and who fails to comply with the requirements of the order, is guilty of an offence unless—
(a) the parent proves that he is causing the child to receive suitable education, otherwise than at school, under section
(b) the child is registered on the authority’s home education register, or
(c) the parent proves that the child is in the area of another authority, and the child is registered on that authority’s home education register.”
(3) In subsection (1), after “served” there is inserted “by a local authority in Wales”.
10 In section 580 of EA 1996 (index), in the entry for “school attendance order”, for “section 437(3)” there is substituted “section 437(9)”.
School attendance orders
5 (1)Section 437 of EA 1996 (school attendance orders) is amended as follows.
5 (2) Before subsection (1) there is inserted—
(A1) Subsection (B1) applies if—
(a) it appears to a local authority in England that a child of compulsory school age in their area is not receiving suitable education, and
(b) the child does not appear to the authority to be a home-educated child.
(B1) The authority shall serve a notice in writing on the child’s parent requiring the parent to satisfy them within the period specified in the notice that the child is either—
(a) receiving suitable education provided wholly or partly by regular attendance at school, or otherwise than at school under section 19,
(b) registered on their home education register, or
(c) in the area of another authority and registered on that authority’s home education register.”
(3) In subsection (1), after “authority” there is inserted “in Wales”.
(4) In subsection (2), for “That period” there is substituted “The period specified in a notice under this section”.
(5) In subsection (3)—
(a) in paragraph (a)—
(i) after “subsection” there is inserted “(B1) or”;
(ii) after “authority” there is inserted “as specified in the notice”;
(iii) the words “that the child is receiving suitable education, and” are omitted;
(b) at the end of paragraph (b) there is inserted “and
(c) in the case of a notice served under subsection (B1), the child does not appear to the authority to be a home- educated child,”;
(c) for the words from “on the parent” to the end there is substituted “a school attendance order on the parent”.
(6) After subsection (3) there is inserted—
“(3A) If it appears to a local authority in England—
(a) that a child of compulsory school age in their area is a home-educated child, but is not registered on their home education register, and
(b) that it is expedient that the child should attend school, the authority shall serve a school attendance order on the child’s parent.
(3B) In determining for the purposes of subsection (3A)(b) whether it is expedient that a child should attend school, an authority shall disregard any education being provided to the child as a home-educated child.”
(7) After subsection (8) there is inserted—
“(9) In this Act “school attendance order” means an order, in such form as may be prescribed, served on a child’s parent under this section and requiring the parent to cause the child to become a registered pupil at a school named in the order.”
(6)In section 438 of EA 1996 (choice of school), after “section 437(3)” there is inserted “or (3A)”.
(7) In section 441 of EA 1996 (choice of school: child with statement of special educational needs), after “section 437(3)” there is inserted “or (3A)”.
8 (1) Section 442 of EA 1996 (revocation of order at request of parent) is amended as follows.
(2) Before subsection (1) there is inserted—
“(A1) Subsections (B1) to (D1) apply where a school attendance order served by a local authority in England is in force in respect of a child.
(B1) If the child is registered on the authority’s home education register, the authority shall revoke the order.
(C1) If the authority are satisfied that the child—
(a) is in the area of another authority, and
(b) is registered on that authority’s home education register, they shall revoke the order.
(D1) If at any time the parent applies to the authority requesting that the order be revoked on the ground that arrangements have been made for the child to receive suitable education, otherwise than at a school, under section 19, the authority shall comply with the request, unless
they are of the opinion that no satisfactory arrangements to this effect have been made.”
(3) In subsection (1), for the words from “This section” to “order” there is substituted “Subsection (2) applies where a school attendance order served by a local authority in Wales”.
(4) In subsection (3), after “subsection” there is inserted “(D1) or”.
(5) In subsection (5)(a), after “subsections” there is inserted “(B1) to (D1) and”.
9 (1) Section 443 of EA 1996 (offence: failure to comply with order) is amended as follows.
(2) Before subsection (1) there is inserted—“(A1) A parent on whom a school attendance order is served in respect of a child by a local authority in England, and who fails to comply with the requirements of the order, is guilty of an offence unless—
(a) the parent proves that he is causing the child to receive suitable education, otherwise than at school, under section
(b) the child is registered on the authority’s home education register, or
(c) the parent proves that the child is in the area of another authority, and the child is registered on that authority’s home education register.”
(3) In subsection (1), after “served” there is inserted “by a local authority in Wales”.
10 In section 580 of EA 1996 (index), in the entry for “school attendance order”, for “section 437(3)” there is substituted “section 437(9)”.
Schedule 1, Section 9
Schedule 9, Section 1.
(1) Section 443 of EA 1996 (offence: failure to comply with order) is amended as follows.
(2) Before subsection (1) there is inserted—
“(A1) A parent on whom a school attendance order is served in respect of a child by a local authority in England, and who fails to comply with the requirements of the order, is guilty of an offence unless—
(a) the parent proves that he is causing the child to receive suitable education, otherwise than at school, under section 19,
(b) the child is registered on the authority’s home education register, or
(c) the parent proves that the child is in the area of another authority, and the child is registered on that authority’s home education register.”
(1) Section 443 of EA 1996 (offence: failure to comply with order) is amended as follows.
(2) Before subsection (1) there is inserted—
“(A1) A parent on whom a school attendance order is served in respect of a child by a local authority in England, and who fails to comply with the requirements of the order, is guilty of an offence unless—
(a) the parent proves that he is causing the child to receive suitable education, otherwise than at school, under section 19,
(b) the child is registered on the authority’s home education register, or
(c) the parent proves that the child is in the area of another authority, and the child is registered on that authority’s home education register.”
Monday, November 23, 2009
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.”
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.”
Children, Schools and Families Bill, Section 19I
19I Home education register: statutory guidance
In exercising their functions under or by virtue of sections 19A to 19H, a local authority in
England shall have regard to any guidance given from time to time by the Secretary of State.”
In section 580 of EA 1996 (index), at the appropriate place there is inserted—
“home-educated child section 19A(4)
"home education register section 19A(4)”.
In exercising their functions under or by virtue of sections 19A to 19H, a local authority in
England shall have regard to any guidance given from time to time by the Secretary of State.”
In section 580 of EA 1996 (index), at the appropriate place there is inserted—
“home-educated child section 19A(4)
"home education register section 19A(4)”.
Children, Schools and Families Bill, Section 19H
19H Supply of information for purposes of home education functions
(1) Regulations may make provision for a person within subsection (2) to be required to supply to a local authority in England, for the purposes of the exercise of their home education functions, prescribed information about a child of compulsory school age—
(a) whose name has been deleted from the register maintained by the proprietor of a school in England under section 434 because the child is, or is to be, a home-educated child,
(b) in respect of whom an application has been made for registration on the authority’s home education register,
(c) registration of whose details on the home education register of another local authority has been refused or revoked, or
(d) in respect of whom a notice, or a school attendance order, has been served by a local authority in England under section 437.
(2) The persons within this subsection are—
(a) a local authority in England, and
(b) in relation to a child within paragraph (a) of subsection (1), the proprietor referred to in that paragraph.
(3) An authority’s “home education functions”, in subsection (1), means their functions under or by virtue of sections 19A to 19G.
(1) Regulations may make provision for a person within subsection (2) to be required to supply to a local authority in England, for the purposes of the exercise of their home education functions, prescribed information about a child of compulsory school age—
(a) whose name has been deleted from the register maintained by the proprietor of a school in England under section 434 because the child is, or is to be, a home-educated child,
(b) in respect of whom an application has been made for registration on the authority’s home education register,
(c) registration of whose details on the home education register of another local authority has been refused or revoked, or
(d) in respect of whom a notice, or a school attendance order, has been served by a local authority in England under section 437.
(2) The persons within this subsection are—
(a) a local authority in England, and
(b) in relation to a child within paragraph (a) of subsection (1), the proprietor referred to in that paragraph.
(3) An authority’s “home education functions”, in subsection (1), means their functions under or by virtue of sections 19A to 19G.
Children, Schools and Families Bill, Section 19G
19G Appeal against authority’s decision
(1) Regulations made under this section shall—
(a) confer a right of appeal on a parent to whom a local authority in England have given notice under section 19B(5)(b) or (c) or 19F(3), and
(b) make provision in respect of appeals brought in exercise of that right.
(2) The regulations may, in particular make provision—
(a) about the period within which a right of appeal may be exercised;
(b) for the extension of the registration period provided for in section 19D in a case where a right of appeal has been exercised;
(c) about the person or body to whom an appeal lies and the powers of that person or body;
(d) for the payment of an allowance or the making of other payments to that person or to members of that body;
(e) about the matters to which regard is to be had in considering an appeal;
(f) as to the procedure on appeals.
(1) Regulations made under this section shall—
(a) confer a right of appeal on a parent to whom a local authority in England have given notice under section 19B(5)(b) or (c) or 19F(3), and
(b) make provision in respect of appeals brought in exercise of that right.
(2) The regulations may, in particular make provision—
(a) about the period within which a right of appeal may be exercised;
(b) for the extension of the registration period provided for in section 19D in a case where a right of appeal has been exercised;
(c) about the person or body to whom an appeal lies and the powers of that person or body;
(d) for the payment of an allowance or the making of other payments to that person or to members of that body;
(e) about the matters to which regard is to be had in considering an appeal;
(f) as to the procedure on appeals.
Children, Schools and Families Bill, Section 19F
19F Revocation of registration
(1) A local authority in England may revoke the registration of a child’s details on their home education register if it appears to them that—
(a) the child’s parent has failed to fulfil an undertaking given by virtue of section 19C(4)(e),
(b) information that has been provided in connection with the application for the child’s details to be entered on the register is incorrect or inadequate in a material respect (whether or not it was so when it was provided),
(c) the child is not a home-educated child,
(d) it would be harmful to the child’s welfare for the child to continue to be a home-educated child,
(e) by reason of a failure to co-operate with the authority in arrangements made by them under section 19E, or an objection to a meeting as mentioned in section 19E(4), the authority have not had an adequate opportunity to ascertain the matters referred to in section 19E(1),
(f) the child is not receiving suitable education, or
(g) the child is no longer in their area.
(2) For the purposes of subsection (1)(f) a child’s education is suitable if it is efficient full-time education suitable to—
(a) the child’s age, ability and aptitude, and
(b) any special educational needs the child may have.
(3) If an authority revoke registration of a child’s details on their home education register under this section, they must give the child’s parent notice of the revocation and of the reasons for it.
(4) In determining whether the condition in subsection (1)(d) or (f) is satisfied, an authority shall, so far as is reasonably practicable and consistent with the child’s welfare, give due consideration (having regard to the child’s age and understanding) to any wishes and feelings of the child ascertained by them.
(5) Regulations may make provision about steps to be taken by an authority in connection with revocation, or proposed revocation, of registration of a child’s details on their home education register.
(6) The regulations may, in particular, make provision about matters that are or are not to be taken into account by an authority—
(a) in determining whether any of the conditions in subsection (1)(b) to (f) is met;
(b) in determining whether to revoke registration of a child’s details under this section.
(1) A local authority in England may revoke the registration of a child’s details on their home education register if it appears to them that—
(a) the child’s parent has failed to fulfil an undertaking given by virtue of section 19C(4)(e),
(b) information that has been provided in connection with the application for the child’s details to be entered on the register is incorrect or inadequate in a material respect (whether or not it was so when it was provided),
(c) the child is not a home-educated child,
(d) it would be harmful to the child’s welfare for the child to continue to be a home-educated child,
(e) by reason of a failure to co-operate with the authority in arrangements made by them under section 19E, or an objection to a meeting as mentioned in section 19E(4), the authority have not had an adequate opportunity to ascertain the matters referred to in section 19E(1),
(f) the child is not receiving suitable education, or
(g) the child is no longer in their area.
(2) For the purposes of subsection (1)(f) a child’s education is suitable if it is efficient full-time education suitable to—
(a) the child’s age, ability and aptitude, and
(b) any special educational needs the child may have.
(3) If an authority revoke registration of a child’s details on their home education register under this section, they must give the child’s parent notice of the revocation and of the reasons for it.
(4) In determining whether the condition in subsection (1)(d) or (f) is satisfied, an authority shall, so far as is reasonably practicable and consistent with the child’s welfare, give due consideration (having regard to the child’s age and understanding) to any wishes and feelings of the child ascertained by them.
(5) Regulations may make provision about steps to be taken by an authority in connection with revocation, or proposed revocation, of registration of a child’s details on their home education register.
(6) The regulations may, in particular, make provision about matters that are or are not to be taken into account by an authority—
(a) in determining whether any of the conditions in subsection (1)(b) to (f) is met;
(b) in determining whether to revoke registration of a child’s details under this section.
We've had enough
Long-standing Labour voters in the home education community are pledging to vote Conservative in the next election. For some, it is a single issue thing as there is a recognition that the Conservatives understand that Labour's proposals to register and monitor home education will damage the education of many children and will represent a monstrous waste of money at a time when resources are extremely scarce.
For others, it is a matter of believing that the Labour is generally going crazy with the amount of prescription and pie-in-the sky electioneering. From this week's editorial in the Speccie:
"..what, after 12 years and an estimated 31, 500 new laws, has Labour done to leave British society either stronger or fairer?
The party was at its most chillingly audacious when legislation not just of what people do, but what they say. Just last week, an Englishman was jailed for being rude about the Scots. A few months ago, a man was arrested for discussing religion in his own home - he was a Christian bed-and-breakfast owner and his guest a touchy Muslim.
So the problem awaiting the Conservatives is simple: a county with too many laws that have too many unintended consequences. Generally speaking the less a government does, the better off the rest of us are - and the Tories would do well to remember this. The Cameron government should not judge success by how long they detain the Queen during her speech. What is needed is not a new avalanche of Tory laws, but a Great Repeal Act to tidy up the mess which Labour has left behind."
It seems likely that plenty of home educators will throw their weight behind the Great Repeal Bill as well.
For others, it is a matter of believing that the Labour is generally going crazy with the amount of prescription and pie-in-the sky electioneering. From this week's editorial in the Speccie:
"..what, after 12 years and an estimated 31, 500 new laws, has Labour done to leave British society either stronger or fairer?
The party was at its most chillingly audacious when legislation not just of what people do, but what they say. Just last week, an Englishman was jailed for being rude about the Scots. A few months ago, a man was arrested for discussing religion in his own home - he was a Christian bed-and-breakfast owner and his guest a touchy Muslim.
So the problem awaiting the Conservatives is simple: a county with too many laws that have too many unintended consequences. Generally speaking the less a government does, the better off the rest of us are - and the Tories would do well to remember this. The Cameron government should not judge success by how long they detain the Queen during her speech. What is needed is not a new avalanche of Tory laws, but a Great Repeal Act to tidy up the mess which Labour has left behind."
It seems likely that plenty of home educators will throw their weight behind the Great Repeal Bill as well.
Children, Schools and Families Bill, Section 19E
19E Monitoring provision of home education to registered children
(1) A local authority in England shall make arrangements with a view to ascertaining, so far as is reasonably practicable—
(a) whether the education provided to a child whose details are entered on their home education register is suitable;
(b) whether it accords with information provided to them for the purposes of the application for registration;
(c) what the child’s wishes and feelings about it are;
(d) whether it would be harmful for the child’s welfare for the child to continue to be a home-educated child.
(2) For the purposes of this section a child’s education is suitable if it is efficient full-time education suitable to—
(a) the child’s age, ability and aptitude, and
(b) any special educational needs the child may have.
(3) Arrangements made by an authority under this section shall include arrangements made with a view to their—
(a) holding at least one meeting with the child during the registration period;
(b) holding at least one meeting with a parent of the child during the registration period;
(c) if they consider that a person other than a parent of the child is primarily responsible for providing education to the child, holding at least one meeting with that person during the registration period;
(d) visiting, at least once in the registration period, the place (or at least one of the places) where education is provided to the child.
But in a case where the registration period begins less than six months before the date on which the child ceases to be of compulsory school age, this subsection shall be read as conferring a power rather than imposing a duty.
(4) Arrangements made under subsection (3) may, unless the child or a parent of the child objects, provide for a meeting with the child at which no parent of the child or other person providing education to the child is present.
(5) In making arrangements under this section—
(a) to meet with the child or any other person, or
(b) to visit a place where education is provided to the child, the authority shall give at least two weeks written notice of the meeting or visit.
(6) In this section “registration period” has the same meaning as in section 19D.
(1) A local authority in England shall make arrangements with a view to ascertaining, so far as is reasonably practicable—
(a) whether the education provided to a child whose details are entered on their home education register is suitable;
(b) whether it accords with information provided to them for the purposes of the application for registration;
(c) what the child’s wishes and feelings about it are;
(d) whether it would be harmful for the child’s welfare for the child to continue to be a home-educated child.
(2) For the purposes of this section a child’s education is suitable if it is efficient full-time education suitable to—
(a) the child’s age, ability and aptitude, and
(b) any special educational needs the child may have.
(3) Arrangements made by an authority under this section shall include arrangements made with a view to their—
(a) holding at least one meeting with the child during the registration period;
(b) holding at least one meeting with a parent of the child during the registration period;
(c) if they consider that a person other than a parent of the child is primarily responsible for providing education to the child, holding at least one meeting with that person during the registration period;
(d) visiting, at least once in the registration period, the place (or at least one of the places) where education is provided to the child.
But in a case where the registration period begins less than six months before the date on which the child ceases to be of compulsory school age, this subsection shall be read as conferring a power rather than imposing a duty.
(4) Arrangements made under subsection (3) may, unless the child or a parent of the child objects, provide for a meeting with the child at which no parent of the child or other person providing education to the child is present.
(5) In making arrangements under this section—
(a) to meet with the child or any other person, or
(b) to visit a place where education is provided to the child, the authority shall give at least two weeks written notice of the meeting or visit.
(6) In this section “registration period” has the same meaning as in section 19D.
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