Children, Schools and Families Bill/Further amendments proposed by Nick Gibb, Tim Loughton and Bill Wiggin

This page shows the effect of the amendments to 19C and 19E of Schedule 1 that were proposed to the Bill Committee by Mr Nick Gibb, Tim Loughton and Bill Wiggin as of 19 January 2010.

(These appear to incorporate Amendments proposed by Mr Nick Gibb, Tim Loughton and Bill Wiggin, 11 January 2010, Amendments proposed by Mr Graham Allen, 12 January 2010, and some additional amendments.)

The original amendments are available at the website for the CSF bill.

Amended text of Section 19C

19C Entry of child’s details on home education register: supplementary provision

(1) Regulations may make provision about steps to be taken by an authority in connection with an application for a child’s details to be entered on their home education register.

(2) The regulations may, in particular, make provision about matters that are or are not to be taken into account by an authority in deciding—

(a) whether to register a child’s details under section 19B(3);

(b) whether a child is within section 19B(7);

(c) whether section 19B(8) applies to a child’s application.

(3) Regulations under section 19B(1)(a) may, in particular, make provision within subsection (4) or (5).

(4) Provision within this subsection is provision—

(a) about how an application for registration of a child’s details is to be made;

(b) requiring an application for registration of a child’s details to include a statement giving prescribed information about the child’s prospective education;

(c) requiring an application to include other prescribed information;

(d) about the form in which a statement mentioned in paragraph (b), or any other information required to be included in an application, is to be provided;

(e) for an application for registration to include an undertaking to provide a statement mentioned in paragraph (b), or other prescribed information, to the authority within a period determined by or in accordance with the regulations.

(5) Provision within this subsection is provision permitting an authority to specify a period, prescribed by or determined in accordance with the regulations, within which an application to enter on their home education register the details of a child to whom subsection (6) applies may not be made unless the authority are satisfied that there has been a change of circumstances that justifies an application being made within that period.

(6) This subsection applies to a child if—

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

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

Amended text of 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.

Amended text of 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 reasonably 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.

Amended text of 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.

(2) Any guidance issued under subsection (2) in connection with section 19F(2) shall be laid before both Houses of Parliament for 40 days prior to being issued.

Amended text of Section 5 of Schedule 1

School attendance orders

5 (1) Section 437 of EA 1996 (school attendance orders) is amended as follows.

(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 in the best interests of the child 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.”

Comment by Fiona: :::"(a) receiving suitable education provided wholly or partly by regular attendance at school, or otherwise than at school under section 19," only gets you as far as flexischool or alternative provision, not home education. Unless there is to be proposed a different definition of "otherwise than at school under s.19"? FionaNicholson 16:54, 20 January 2010 (UTC)

That text is in the original Bill, with the sole intent to force home educators to register or face an SAO. The marked-up amendment (which doesn't touch that section) makes it more difficult for the LA to serve an SAO because they would have to show it is in the child's best interests. Llondel 17:48, 20 January 2010 (UTC)