Home School Education Registration and Support Bill [HL] 2024-26 Amendments

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Page 1

Registration and support

(1)

The Education Act 1996 is amended as follows.

(2)

After section 436A insert—

“Children not in school: England

436B

Duty to register children not in school

(1)

A local authority in England must maintain a register of children who

are eligible to be registered by the authority under this section.

(2)

A child is eligible to be registered by a local authority under this

section if Conditions A to C are met.

(3)

Condition A is that the child is in the authority’s area.

(4)

Condition B is that the child is of compulsory school age.

(5)

Condition C is that—

(a)

the child is not a registered pupil at a relevant school, or

(b)

the child is a registered pupil at a relevant school but the

proprietor of the school has arranged or agreed that—

(i)

the child will receive education otherwise than at that

or any other relevant school, and

(ii)

the child will be absent for some or all of the time when

the child would normally be expected to attend the

relevant school.

Page 2

(6)

Regulations may make provision—

(a)

for cases where a child is to be regarded as falling or not falling

within subsection (5)(b);

(b)

for cases where a child falling within subsection (5)(b) is not

to be regarded as eligible for registration.

(7)

In this section “relevant school” means—

(a)

a school maintained by a local authority,

(b)

a non-maintained special school (within the meaning given by

section 337A),

(c)

an Academy school or alternative provision Academy, or

(d)

a school not falling within paragraph (c) that is registered under

section 95 of the Education and Skills Act 2008 (register of

independent educational institutions).

436C

Content and maintenance of registers

(1)

A register under section 436B must contain the following information

in respect of a child registered in it—

(a)

the child’s name, date of birth and home address,

(b)

the name and home address of each parent of the child, and

(c)

such details of the means by which the child is being educated

as may be prescribed.

(2)

To the extent that the local authority have the information or can

reasonably obtain it, a register under section 436B must also contain

such information about, or in connection with, the following matters

in respect of a child registered in it as may be prescribed—

(a)

the child’s protected characteristics (within the meaning of the

Equality Act 2010);

(b)

whether the child has any special educational needs, including

whether the local authority maintain an EHC plan for the child;

(c)

any actions that have been taken by a local authority following,

or in connection with, enquiries made by a local authority

under section 47 of the Children Act 1989 (local authority’s

duty to investigate);

(d)

whether the child is a child in need for the purposes of Part 3

of the Children Act 1989 (see section 17(10) of that Act) and,

if so, any actions that a local authority have taken in relation

to the child under that Part and any services that a local

authority have provided to the child in the exercise of functions

conferred on them by section 17 of that Act;

(e)

whether the child is looked after by a local authority (within

the meaning of section 22 of the Children Act 1989);

(f)

the reasons why the child meets Condition C in section 436B,

including any information provided by a parent of the child

as to those reasons or, in a case where a parent has not

provided that information, the fact that they have not done so;

Page 3

(g)

whether, under arrangements made under section 436A, the

child has been identified as a child who is of compulsory school

age but who is not a registered pupil at a school and is not

receiving suitable education otherwise than at a school;

(h)

the school or type of school (if any) that the child attends or

has attended in the past;

(i)

whether support is being provided in relation to the child

under section 436G and, if so, the nature of the support being

provided;

(j)

any other information about the child’s characteristics,

circumstances, needs or interactions with a local authority or

educational institutions that the Secretary of State thinks should

be included in the register for the purposes of promoting or

safeguarding the education, safety or welfare of children;

(k)

any other information about the child’s characteristics,

circumstances, needs or interactions with a local authority or

educational institutions that the Secretary of State thinks should

be included in the register for the purposes of promoting or

safeguarding the education, safety or welfare of children.

(3)

A register under section 436B may also contain any other information

the local authority consider appropriate.

(4)

Regulations may, in relation to a register under section 436B, make

provision about—

(a)

how a local authority must maintain the register, including

provision relating to—

(i)

how the register is to be kept up-to-date;

(ii)

the making of changes to the register;

(b)

the form of the register;

(c)

access to and publication of the register;

(d)

registration forms;

(e)

publicising the register and duties of persons in relation to the

(5)

No information from a register under section 436B may be published,

or made accessible to the public, in a form—

(a)

which includes the name or address of a child who is eligible

to be registered under that section or of a parent of such a

child, or

(b)

from which the identity of such a child or parent can be

deduced, whether from the information itself or from that

information taken together with any other published

information.

436D

Provision of information to local authorities

(1)

A parent of a child who becomes eligible to be registered by a local

authority in England under section 436B must—

Page 4

(a)

inform the local authority that the child is eligible for

registration, and

(b)

provide the authority with any of the information referred to

in section 436C(1)(a) and (b) that the parent has.

(2)

A parent of a child who is registered by a local authority in England

under section 436B must—

(a)

provide the authority, on request, with any of the information

referred to in section 436C(1)(a) to (c) that the parent has,

(b)

inform the authority of a change to any of the information

required to be included in the register under section 436C(1)(a)

to (c) of which the parent is aware, and

(c)

inform the authority if the child ceases to be eligible to be

registered by that authority under section 436B.

(3)

A person must comply with a duty under subsection (1) or (2) within

the relevant period.

(4)

In subsection (3) “relevant period” means—

(a)

in the case of the duty in subsection (1)(a) or (b), the period of

15 days beginning with the date on which the child becomes

eligible for registration by the local authority;

(b)

in the case of the duty in subsection (2)(a), such period of not

less than 15 days as the local authority specify in the request;

(c)

in the case of the duty in subsection (2)(b), the period of 15

days beginning with the date on which the parent becomes

aware of the change;

(d)

in the case of the duty in subsection (2)(c), the period of 15

days beginning with the date on which the child ceases to be

eligible to be registered by the local authority under section

436B.

(5)

The duties in subsections (1) and (2) do not apply where the child is

receiving full-time education by any one or more of the following

means—

(a)

arrangements made by the local authority under section 19;

(b)

arrangements made by the proprietor of a relevant school at

which the child is a registered pupil;

(c)

attendance at a relevant school.

(6)

In this section “relevant school” has the same meaning as in section

436B.

436E

Provision of information to local authorities: education providers

(1)

This section applies where a local authority in England reasonably

believe that—

(a)

a person is providing out-of-school education to a child for

more than the prescribed amount of time without any parent

of the child being present, and

Page 5

(b)

the child is, or is eligible to be, registered by the authority

under section 436B.

(2)

In subsection (1)(a)—

(a)

“out-of-school education” means any programme or course of

education, or any other kind of structured education, that is

provided otherwise than as part of the education provided by

a relevant school (within the meaning of section 436B);

(b)

“prescribed amount of time” means an amount of time

prescribed—

(i)

by reference to a number of hours in, or a proportion

of, a week or other period;

(ii)

by reference to a proportion of the time a child spends

receiving education;

(iii)

in any other way.

(3)

The authority may by notice require the person—

(a)

to confirm whether or not the person is providing out-of-school

education as mentioned in subsection (1)(a), and

(b)

if the person is doing so, to provide the authority with any of

the information referred to in section 436C(1)(a) or (b) that the

person has in relation to any child (whether or not in the

authority’s area) to whom they are providing such education.

(4)

A notice under subsection (3) is served if it is sent to or left at the

place where the out-of-school education is provided (as well as in the

circumstances referred to in section 572(1)).

(5)

The person on whom a notice under subsection (3) is served must

comply with the requirement in the notice within the period of 15

days beginning with the day on which it is served.

(6)

Regulations may provide for exceptions to the duty in subsection (5).

(7)

Where a local authority in England are satisfied that a person on whom

a notice under subsection (3) is served has—

(a)

failed to comply with their duty under subsection (5), or

(b)

provided incorrect information in response to the notice,

the authority may require the person to pay a monetary penalty to

the authority in accordance with Schedule 31A.

(8)

The amount of the monetary penalty is to be the prescribed amount.

436F

Use of information in the register

(1)

A local authority in England must, if the Secretary of State so directs,

provide the Secretary of State with information of a prescribed

description from their register under section 436B (whether that is

information relating to an individual child or aggregated information).

(2)

A local authority in England may provide information from their

Page 6

person if the authority consider it appropriate to do so for the purposes

of promoting or safeguarding the education, safety or welfare of—

(a)

the child, or

(b)

any other person under the age of 18.

(3)

Where a local authority in England become aware that a child

registered in their register under section 436B will move, or has moved,

to the area of another local authority in England, the local authority—

(a)

must provide the other local authority with the information

referred to in section 436C(1)(a) to (c),

(b)

must provide the other local authority with any information

relating to the child that is prescribed under section 436C(2)

that they have, and

(c)

may provide the other local authority with any other

information contained in the register under section 436C(3).

436G

Support

(1)

If a parent of a child registered by a local authority in England under

section 436B so requests, the local authority must provide, or secure

the provision of, support to promote the education and safeguarding

of the child.

(2)

The support to be provided is whatever the local authority think fit

having regard to—

(a)

the parent’s request, and

(b)

the child’s age, ability and aptitude and to any special

educational needs the child may have.

(3)

The support may for example include—

(a)

advice about education of the child,

(b)

information about sources of assistance for the education of

the child,

(c)

provision of facilities, services or assistance (including financial

assistance), and

(d)

access to non-educational services or benefits.

(4)

The duty in subsection (1) does not apply where—

(a)

the child is a registered pupil at a relevant school (within the

meaning of section 436B), or

(b)

the local authority are required to make arrangements for the

education of the child under section 19 of this Act or section

42 of the Children and Families Act 2014.”

(3)

In section 569(2A) (regulations subject to affirmative procedure), for

“regulations under section 550ZA(3)(f) or 550ZC(7) may” substitute “—

(a)

the first regulations under section 436B(6),

(b)

regulations under section 436C(1)(c) or (2),

(c)

the first regulations under section 436C(4),

(d)

regulations under section 436E(1)(a),

Page 7

(e)

regulations under section 436E(6),

(f)

the first regulations under section 436E(8),

(g)

the first regulations under section 436F(1),

(h)

regulations under section 436F(2),

(i)

regulations under section 550ZA(3)(f),

(j)

regulations under section 550ZC(7), or

(k)

the first regulations under paragraph 5 of Schedule 31A,

may”.

(4)

After Schedule 31 insert—

“Schedule 31A

Section 436E

Failure to provide information under section 436E: monetary penalties

Warning notice

(1)

Where a local authority in England propose to require a person to

pay a monetary penalty under section 436E(7), the authority must

give the person a notice of what is proposed (a “warning notice”).

(2)

The warning notice must include information as to—

(a)

the grounds for the proposal to require payment of the

monetary penalty,

(b)

the amount of the penalty, and

(c)

the person’s right to make representations.

Representations

The person to whom the warning notice is given may make written

representations to the local authority in relation to the proposed

requirement to pay a monetary penalty—

(a)

within the period of 14 days beginning with the day on

which the notice is given, or

(b)

if within that period the person gives written notice of their

intention to make representations, within the period of 28

days beginning with that day.

Imposition of penalty

(1)

Where a person has made representations in response to a warning

notice, or the time for doing so has elapsed, the local authority must

decide whether to require the person to pay the monetary penalty.

(2)

The local authority may not require the person to pay a monetary

penalty if they are no longer satisfied as mentioned in section

463E(7).

(3)

If the local authority decide not to require the person to pay the

penalty, they must inform the person of that fact.

Page 8

Penalty notice

(1)

A requirement to pay a monetary penalty is imposed by a notice

given to the person by the local authority (a “penalty notice”).

(2)

A penalty notice must include information as to—

(a)

the grounds for requiring payment of the monetary penalty,

(b)

the amount of the penalty,

(c)

how payment may be made,

(d)

the period within which payment is to be made (which must

be at least 28 days beginning with the day on which the

notice is given),

(e)

the consequences of late payment (see paragraph 5), and

(f)

rights of appeal.

(3)

A penalty notice may be withdrawn at any time by the local

authority that gave it.

Consequences of late payment

If the person to whom a penalty notice is given fails to pay the

monetary penalty within the period specified in the notice, the

amount of the penalty is increased by the prescribed percentage.

Appeals

(1)

A person to whom a penalty notice is given may appeal to the

First-tier Tribunal on any of the grounds mentioned in sub

paragraph (2).

(2)

The grounds are that—

(a)

the decision to require payment of the penalty was based

on an error of fact;

(b)

the decision was wrong in law;

(c)

the decision was unreasonable.

(3)

On an appeal under this paragraph the First-tier Tribunal may—

(a)

quash the penalty notice,

(b)

confirm the penalty notice, or

(c)

vary the penalty notice by reducing the amount of the

monetary penalty.

(4)

Where an appeal under this paragraph is made, the requirement to

pay the monetary penalty is suspended pending the final

determination or withdrawal of the appeal.

Enforcement

If a person does not pay the whole or any part of a monetary

penalty which the person is required to pay under this Schedule

within the time specified in the penalty notice, the penalty or part

Page 9

of the penalty is recoverable as if it were payable under an order

of the county court.”

Extent, commencement and short title

(1)

This Act extends to England and Wales.

(2)

This section comes into force on the day on which this Act is passed.

(3)

The rest of this Act comes into force—

(a)

for the purposes of making regulations, on the day on which this Act

is passed;

(b)

for remaining purposes, on such day as the Secretary of State may by

regulations made by statutory instrument appoint.

(4)

The Secretary of State may by regulations made by statutory instrument make

transitional or saving provision in connection with the coming into force of

any provision of this Act.

(5)

Regulations under this section may make different provision for different

purposes.

(6)

This Act may be cited as the Home School Education Registration and Support

Act 2024.

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Amendments

Amendment None

Tabled: 15 Nov 2024
HL Bill 22 Running list of amendments – 15 November 2024

NO DECISION has been made on this amendment

Clause 1, page 1, line 14, leave out lines 14 to 20

Type: Backbencher

Signatures: 1

Lord Lucas (Con - Excepted Hereditary) - 15 Nov 2024

Amendment

This amendment was WITHDRAWN BEFORE DEBATE

[Withdrawn]
Clause 1, page 1, line 14, leave out lines 14 to 20

Type: Backbencher

Signatures: 1

Lord Lucas (Con - Excepted Hereditary)

Amendment

Tabled: 21 May 2025
HL Bill 22 Running list of amendments – 21 May 2025

NO DECISION has been made on this amendment

Clause 1, page 2, line 5, at end insert—
“(6A) A child is not required to be registered under this section if the parent provides evidence that any one of the following conditions is met—
(a) a competent home educator with at least five years of personal or professional experience has provided a sworn affidavit affirming that, in their judgment, the parent will be capable of providing a suitable education consistent with their educational philosophy,
(b) the parent has arranged and paid for the child to sit at least three externally assessed national qualifications, including but not limited to GCSEs, A-Levels, or accredited vocational awards, or
(c) the child is enrolled with a national online school or flexible provider known to support home-educated or otherwise educated children to a suitable standard.”

Type: Backbencher

Signatures: 1

Lord Wei (Con - Life peer) - 21 May 2025

Member's explanatory statement

This amendment seeks to exempt families from registration requirements where they can show credible evidence of suitable education through endorsement by an experienced educator, formal qualification entry, or enrolment in a recognised online provider.

Amendment

Tabled: 21 May 2025
HL Bill 22 Running list of amendments – 21 May 2025

NO DECISION has been made on this amendment

Clause 1, page 2, line 5, at end insert—
“(6A) When determining whether a child is eligible for registration under this section and regulations made under subsection (6), there must be a presumption that the parent is capable of providing suitable education unless there is evidence to the contrary.”

Type: Backbencher

Signatures: 1

Lord Wei (Con - Life peer) - 21 May 2025

Member's explanatory statement

This amendment establishes a legal default that assumes parental competence in home education, unless contrary evidence is presented.

Amendment

Tabled: 21 May 2025
HL Bill 22 Running list of amendments – 21 May 2025

NO DECISION has been made on this amendment

Clause 1, page 2, line 5, at end insert—
“(6A) When determining whether a child is eligible for registration under this section and regulations made under subsection (6), refusal of a home visit by the parent must not be treated as evidence of unsuitable education.”

Type: Backbencher

Signatures: 1

Lord Wei (Con - Life peer) - 21 May 2025

Member's explanatory statement

This amendment protects the rights of families to privacy in their home, without that decision being treated as grounds for penalty or registration denial.

Amendment

NO DECISION has been made on this amendment

Lord Wei gives notice of his intention to oppose the Question that Clause 1 stand part of the Bill.

Type: Backbencher

Signatures: 1

Lord Wei (Con - Life peer)

Member's explanatory statement

This amendment seeks to probe as to whether a register is necessary and lawful under human rights law.