Children’s Wellbeing and Schools Bill

Debate between Lord Crisp and Lord Agnew of Oulton

Thursday 3rd July 2025 Lords Chamber

[Lord Crisp (CB)]

I thank the noble Lord for that intervention, and I very much understand the point that he is making. However, the issue is what happens to that material once it is inspected. How does the home education officer make a judgment on it? Most of them are not teachers—in fact, I suspect very few are. Do they go to an outside source, or do we set up some great panoply of mechanisms to decide whether those materials are appropriate?

At the moment, we have a different situation. The current position, as I understand it, is that, where authorities have cause for concern, Sections 437 to 443 of the Education Act 1996 provide for steps to be taken if it appears that there is very little or no education in place for a child, or if the local authority has no information about any education arrangements. I understand that in most, possibly all, local authority areas home-educating parents provide an annual report to the local authorities, rather than providing materials that will be judged in isolation.

I think that we should leave the law where it is. As I understand it, the attitude of the best local authority home education officers is that they build relationships; they are happy with most of the people, but can then concentrate on the problem areas—because there are problem areas—within the home education sphere. Imposing new duties such as this would add burden, bureaucracy and frustration to authorities and parents alike. We should concentrate on improving that relationship, not making it more burdensome.

[Lord Agnew of Oulton (Con)]

My Lords, I support my noble friend Lord Nash’s Amendment 279. It suggests a very mild tweak to the proposed legislation, largely because he is respectful of the majority of parents who do a good job in home education, which I completely agree with. However, I see at close quarters the impact of home education in deprived communities where the parents have limited education themselves and little interest in it. They are clearly unable to educate their own children and yet, when they are withdrawn from schools, there is nothing a school can do. These children are being thrown to the wolves and, as the Minister has said, the numbers are escalating.

My noble friend Lord Nash talks about a trend over the past 10 to 15 years but, according to the NSPCC, the number has increased by 186% in six years. In 14 local authorities, it has quadrupled in that time. These are not all middle-class, educated parents, but we have no idea who they are.

In 2021, the House of Commons Education Committee’s Strengthening Home Education report made a number of recommendations. Perhaps the most important was that the DfE should provide

“a set of clear criteria against which the suitability of education can be assessed, taking into account the full range of pedagogical approaches taken in EHE”—

elective home education—

“as well as the age, ability and aptitude of individual children, including where they may have SEND”.

The Child Safeguarding Practice Review Panel, a government-sponsored group, produced a number of recommendations on home education in its May 2024 report, and many of these mirrored the report I have just mentioned. The report refers to 27 referrals received between August 2020 and October 2021, involving the deaths of six children and a further 35 suffering serious harm, including physical neglect, physical abuse and sexual abuse. There are many other good recommendations, but, as they do not fit this specific amendment, I will not list them. I recommend these two reports to any Peer interested in this vexing subject.

My noble friend’s amendment would provide a very light-touch review point. Bona fide parents would not be negatively affected. On the concerns of the noble Lord, Lord Crisp, I say that the amendment is extremely light touch, but it would move the situation from what is currently a complete black hole to at least give us some indication of children’s well-being.

I want to finish with the case of Sara Sharif. Many noble Lords will know about it, but I will remind the Committee. A 10 year-old girl was withdrawn from her primary school in April 2023 under the pretext of home education. This occurred after teachers noticed bruising, which she had attempted to conceal beneath her hijab. The school referred their concerns to social services, but, after being taken out of school, she became invisible to safeguarding agencies. Neighbours reported hearing constant crying and screaming. She was murdered by her father and stepmother. They were convicted in December last year. The lack of school oversight allowed this to happen undetected. I respect the good work that most home-educating parents do, but it is for cases like hers that I support Amendment 279.