Lord Wei

Parliament is not formally notified when legislation proceeds under the urgent measures process. However, paragraphs 6.12 and 6.13 in the Better Regulation Framework outlines the process for urgent measures. Under this process, “it is still expected that the required analysis of impacts is presented to Parliament alongside the legislation or, where that is not possible, as soon as practical thereafter”. In regards to scrutiny by the Regulatory Policy Committee this should also be published to accompany the final Impact Assessment.

The Children’s Wellbeing and Schools Bill is a key step towards delivering the government’s Opportunity Mission to break the link between young people’s background and their future success.

The Bill’s impact assessments were submitted to the Regulatory Policy Committee (RPC) on 5 November 2024, in accordance with the Better Regulation Framework. Collective agreement was provided for measures in the Bill by the Home and Economic Affairs Committee and Parliamentary Business and Legislation Committee in advance of the Bill’s introduction, as required.

The department published the Bill’s impact assessments on 30 January 2025, ahead of the RPC’s final opinion being published on 31 January 2025. The RPC gave the Bill’s impact assessments a green-rating, finding them fit for purpose. Ministers were kept updated throughout.

The department intends to publish the Data Protection Impact Assessment (DPIA) for the Children Not in School (CNIS) registers prior to their implementation. We are continuing to engage with the Information Commissioner’s Office on the DPIA to ensure that all data protection risks have been identified and mitigated before any processing of data begins.

​​The department has not issued any guidance, formal or informal, to further education colleges or local authorities encouraging them to restrict direct applications from electively home educated children.

​Home educating parents can supplement their child’s education through attendance at part-time further education courses, as part of securing an efficient, full-time and suitable education for their child. The department supports parents’ right to exercise this choice, and this position will not change with the implementation of the Children’s Wellbeing and Schools Bill.

​Decisions regarding the availability of such courses are at the discretion of each college, who may make decisions based on factors such as available capacity and resources, and may liaise with their local authority as part of this. Funding for part-time courses below level 3 is available to colleges so long as the 14-16 funding arrangements detailed in the funding rates and formula guidance are followed.

​To support implementation of Bill measures, the department will issue statutory guidance to aid local authorities and parents.​