Home Education (Duty of Local Authorities) Bill [HL]

Baroness Richardson of Calow Excerpts

2nd reading (Hansard): House of Lords
Friday 24th November 2017 Lords Chamber

[Baroness Richardson of Calow (CB)]

My Lords, I welcome the opportunity to give support for both aspects of the Bill—the registration and the assessment that would go with it. When I was preparing for this debate, I had a conversation with one of the elective home education advisers and gained a lot from what she said. Currently, the only way that a local authority knows about a child of school age being educated at home is: if the child had previously been registered at school and then been withdrawn, and as we have heard, there are still problems with that; if the family is known to social services, although not the NHS; or if the parents have asked for advice from the education authority about education at home.

While most local authorities employ elective home education advisers, their role is very limited. They can make informal inquiries only if they hear of children who are at home and not in education. They can offer advice only if it is asked for and they have no right to enter a home unless they are invited. The Bill proposes to make registration mandatory, and I think every one of us who have spoken has felt that that is a complete necessity.

The Bill accepts that home education is a viable option and that many children do well in a home environment with responsible parents. There are different reasons why parents would choose this option. Some feel that the education offered in the local school is inadequate or inappropriate for their child. These are often well-educated parents who either have the time to give to the education of their children or financial resources to employ tutors. There are some families where the parents’ employment means that they cannot settle long in one area and they decide that home education is the only way to provide the continuity of education that the child might not otherwise get. For some, it is a cultural or religious affiliation that leads them to withdraw their children from school. In the area in which I live, it is a frequent occurrence for Roma families, particularly those from Poland, to withdraw all girls as soon as they reach the age of 11. Many Jehovah’s Witness parents in our area choose to home educate.

There are some who for cultural, educational or religious reasons use well-established frameworks for education. One that is often used in my area is known as the ACE Christian education course. It is an American-based system that is very expensive, but gives good training to parents and provides a structured if rather rigid pattern of learning, with local groups for activities and an annual conference. But as we have heard in the debate, some families make use of unregistered and unregulated schools. This is of great concern as regards safeguarding and raises issues around the education being offered and radicalisation.

In other homes there are less positive reasons behind the decision to keep children from school. There are inadequate and disorganised parents who simply cannot get their children ready in time to go to school; ill-educated parents who do not value learning for their children; parents with mental or physical health problems who depend on their children for support in the home; parents with anxiety who cannot let their children out of their sight; and homes where, as we have heard, the children are enslaved or abused. The Bill would put on local authorities a duty to monitor the education that a child receives and to assess annually their educational, physical and emotional development. However, there is a question mark over whether emotional development should be tested. I would be reluctant to see that go, in part because some children are put under undue pressure by their parents to succeed and in part because so little is expected of other children that little educational achievement is ever made. I raise also the issue of the emotional implications of dealing with only one set of people, which can perhaps be rather intense. I note that the assessment is to be done by regulation following consultation.

I hope that the Bill goes through to the Committee stage because there are one or two things I would like to see changed. There should be some recognition of and guidance to cover situations where children are being home educated not because the parents have elected to do so but because no school place was considered adequate for the child’s needs. I hope that these can be included. Not all authorities are able to provide schooling for children with special needs, and currently children who refuse to go to school or who frequently play truant are considered under the mental health team rather than the educational team. However, their educational needs should also be assessed.

I want to question whether “supervised instruction” is an adequate description of modern educational practice; I would like to see something a little wider than that. Alongside educational, physical and emotional needs, I would also like to see some recognition that the social development of a child is part of its essential development. Missing the experience of the school playground and meals eaten in common with other children is a significant loss for those educated at home, as is the experience of difference that is so much needed in our society.

It might be helpful to include in the guidance section a reference to the qualifications, training and supervision of those who will need to be employed as assessors since this will be crucial to the success of the outworking of this important Bill. Perhaps there should also be some acknowledgement of the financial cost to local authorities in adequately resourcing the conditions of the Bill. It is my understanding that around £4,000 per child is paid by the Government to the school, but no financial assistance is currently given for the support of children educated at home. Perhaps this might also be addressed in the Bill.

I understand the remarks of the noble Lord, Lord Lucas, but the only way for home-educated children to be fully supported is to register them, and the only way to gain evidence of what is happening with them is to register them and assess their achievements and well-being.

Schools: Admission Policies

Baroness Richardson of Calow Excerpts

Monday 22nd July 2013 Lords Chamber

[Lord Nash]

All state-funded schools are required to promote community cohesion. Under the draft citizenship curriculum, pupils will be taught about diverse national, regional, religious and ethnic identities in the UK and the need for mutual respect and understanding. Schools are also free to teach pupils about such issues in PSHE. All state-funded schools are also required by law to teach a broad and balanced curriculum that promotes the spiritual, moral, social and cultural development of pupils, and Ofsted’s inspection framework includes a focus on this.

[Baroness Richardson of Calow]

Is the Minister aware that not all schools of religious character select on faith grounds? The Methodist Church has 65 primary schools that are state-funded and 17 independent schools, none of which select according to the faith of the parents, although all are organised on Christian principles, but they are offered to society for the good of society as a whole.

Children and Families Bill

Baroness Richardson of Calow Excerpts

Tuesday 2nd July 2013 Lords Chamber

[Baroness Richardson of Calow]

My Lords, I shall confine my remarks to Part 3. I have a personal interest in this. Out of my nine grandsons, three have special needs—one is severely dyslexic, and two are autistic, both in the same family. My daughter is currently involved in a tribunal with her local authority to try to secure a place that would meet my grandsons’ profound needs. I welcome this Bill. I think that it has the potential to provide for my grandchildren and many others and may be very beneficial in their progress towards independent and productive adulthood.

There are many things in the Bill that I believe are very good. I greatly welcome the holistic approach to education, health and social care needs, recognising that they are interdependent. I hope that this will provide an opportunity not to cease some of the therapies that are so important in special needs, such as speech and language and occupational therapy, but instead to recognise that they are essential—not add-ons to the care that is provided.

There are some phrases in the Bill that I think are very important. I like the reference to children’s well-being and I am very taken by the reference to the contribution that children and young people make to society. This does not just work in one direction. The extension of funded education and care to 25 is of course extremely important, as is the duty of local authorities to keep their provisions under review.

I appreciate the fact that, under local offer, although I have some questions about it, the publication of information and advice will relate to life beyond formal schooling and include,

“finding employment … obtaining accommodation … participation in society”.

I welcome the fact that the local authority has an obligation to publish the comments that children and young people make about its services. I welcome that,

“the best possible educational and other outcomes”,

must be looked for, although these are not specified.

Like many others, I have one or two particular concerns. There is little in the Bill that relates to the provision beyond age 18 other than that it will be supported if the education, health and care plan is still in place. The aspiration is fine but there is little about how provision of special education after 18 will prepare disabled young people for responsible and independent adulthood, and how that is to be achieved given the challenges that they face.

There are a number of issues around the discontinuance of a plan. There seems to be an expectation that it will be looked at carefully rather than that it will be continued if at all possible. A number of clauses, as other noble Lords have mentioned, say that a local authority,

“must have regard to his or her age”.

I think that that needs to be looked at again. Proper recognition needs to be given to the fact that young people with special needs may take longer than others to learn life skills. Some will need to have prolonged absences from school or to try different environments in which to learn as they make their transition into adulthood. I want an assurance that chronological age will not be given too much weight in making decisions about maintaining the education, health and care plan and that no one will be discouraged from continuing in education or have that questioned severely on the grounds only of cost. The thrust should be towards encouragement rather than discouragement. I noted, as others have, that young people with autism benefit greatly from further education but that only one in four access it.

Also on the discontinuance of a plan, I would like some clarification of a phrase in Clause 45(3), which says that a local authority,

“must have regard to whether the educational outcomes specified in the plan have been achieved”.

I do not really understand what that means. Does it mean that if the educational outcomes have been achieved, there is no further need for any care? Does it mean that if they have not been achieved, no further care will be given? Is it positive or negative? That part of the Bill perhaps needs to be questioned. I would also question, when we come to it, why Clause 47 says that the local authority “may make provision” to transfer a plan “to another … authority”. There is no obligation on a local authority to continue to support someone whose needs are best met in another educational authority.

I return briefly to the local offer. As has been said, the only obligation is to provide advice and information. No duty is imposed to provide the services, only to review and revise the information. The Bill seems to provide a good opportunity for the enforced provision of inclusive and accessible services for all disabled children, and to offer them the right to participate. Is there an intention to provide this? The Bill is a really good start but I hope that it can be strengthened as it goes through the House.