Register of Children not in School

Damian Hinds Excerpts

Tuesday 20th February 2024 Westminster Hall

[The Minister for Schools (Damian Hinds)]

It is a great pleasure to serve with you in the Chair, Sir Christopher— I think for the first time. I congratulate my hon. Friend the Member for Meon Valley (Mrs Drummond), my constituency neighbour, on securing this debate on a topic that is a Government priority. I thank her for all her work in this policy area and her continued interest in introducing legislation for registers of children not in school. As she knows, we share that ambition. Both I and the Secretary of State for Education look forward to working with my hon. Friend as she takes her Children Not in School (Registers, Support and Orders) Bill through Parliament. It is vital that we ensure that the rights of all children are upheld. In the case of children not in school, that is the fundamental right to a suitable education, which is in children’s best interests.

In the majority of cases, children not in school will likely be those who are home educated. It is important that we recognise that, in most cases, parents will be doing home education well and for all the right reasons. Home education is not easy and parents will often put in extensive time and resource to provide suitable education for their children, sometimes in challenging circumstances. I pay tribute again to all those parents who have made the difficult decision to home educate when the education of their child is at the centre of that decision. Home education is a parental right that the Government will continue to defend. Any form of registration of children not in school will not infringe that right. Registration will, however, better ensure that we defend children’s rights to a suitable education.

Over recent years, as various colleagues have alluded to, the number of home educating families has continued to increase. In summer 2023, the Department for Education estimated that 97,600 children were home educated in England—about 1% of all school-age children. Although such an increase is not necessarily an issue, we know from local authorities and the data on children missing education that not all children are in receipt of a suitable education when they are at home. I cannot stress enough that registration is not intended to impact parents who are home educating with good intentions and, as I said, often making numerous sacrifices to do it well. By knowing where the families are, we can better ensure that we target support to those who need it most and are not receiving a suitable education.

Without a statutory register of children not in school and the accompanying duties on parents and certain out-of-school education providers to supply information to it, we cannot know for certain the scale of how many children are missing education. We cannot know for sure how many children are in home education and what subset are in home education but not receiving a suitable education, or how many are receiving no education at all. Although we have taken steps, through our termly data collection from local authorities on electively home educated children and children missing education, to increase our understanding of that cohort and improve the accuracy of local authority data, that alone will not suffice. That is why the Department continues to remain committed to legislating for statutory registers.

The Department for Education’s commitment to establishing a local authority-administered registration system was first set out in our “Children not in school” consultation response, published in February 2022. That policy intention led to the children not in school measures that were part of the 2022 Schools Bill. The measures proposed the creation of duties on local authorities to maintain registers of eligible children and a duty on local authorities to provide support to home educating families when that was requested.

The measures did not include any proposals to extend local authorities’ powers to monitor the quality of the education being received, and that continues to be the case. The Government do not see the need for greater monitoring powers. We believe that local authorities’ existing powers, when they are used in the way set out in our elective home education guidance—which is currently being reviewed—are already sufficient to enable a local authority to determine whether the education is suitable.

I do not yet know the full detail of the private Member’s Bill promoted by my hon. Friend the Member for Meon Valley. As colleagues know, the Government cannot support a private Member’s Bill prior to Second Reading, but I can say that the Government remain committed to introducing statutory local authority registers as well as a duty for local authorities to provide support to home educating families. Clearly, that which my hon. Friend seeks to do and what the Government wish to do coincide.

There are three main benefits to measures for children not in school. First, local authorities having registers of children not in school would help local authorities to better identify eligible children and help those missing education. New duties on parents to proactively provide to the local authority their name, their child’s name, their address and the means of education—such as where and who provides their child’s education—as well as new duties on certain providers of out-of-school education to reactively provide information on eligible children, such as their name and address, will help to identify more eligible children than is currently possible. The new information in the registers would help authorities to undertake their existing responsibilities for the purpose of ensuring that education is suitable and that children are safe.

Secondly, as I have already mentioned, that will ensure that both local authorities and the Department for Education have the necessary data to understand the scale and needs of this cohort of children, including the reasons why parents may choose to home educate. I will come back to that in a moment, in response to comments made by a number of colleagues.

Thirdly, those children and parents who want it will be able to benefit from additional support from the local authority. Our measures contained a duty on local authorities to provide or secure such support where requested to registered home-educating families to promote the education of a child. We felt that the support element of the measures was a vital component in encouraging positive engagement between local authorities and home educators and helping to ensure good-quality education. The support could have included advice about education; information about sources of assistance; provision of facilities, services or assistance; or access to non-educational services or benefits, such as to support home-educating parents to access exams or online teaching resources, for example through the Oak National Academy.

[Jim Shannon]

I am grateful to the Minister for that response. I suggested to him some of the things that my constituents did in Strangford. Although they were individually home schooling, they came together collectively for visits—every child loves a visit—to the council, the museum, the leisure centre or wherever, and that was something that was encouraged. Is there any possibility that the Minister, who is putting forward very positive thoughts, could consider that suggestion?

--- Later in debate ---

[Damian Hinds]

I am grateful to the hon. Gentleman, as ever. I was coming to that point, but as he has brought it forward I will say now that the guidance already encourages collaboration between home educators. As he says, in coming together often we can achieve more, and it is possible in principle that that could be enhanced further through the provisions on additional support. He makes a good point.

The measures would have ensured consistency of approach across local authorities through regulations and new statutory guidance, and it remains our intention to work closely with home educators, local authorities and other key stakeholders prior to the introduction of any new statutory system to ensure that it is implemented in a way that works both for home-educating parents and for local authorities. In the meantime, the Government continue to work with local authorities to improve their existing non-statutory registers and to support local authorities to ensure that all children in their area receive a suitable education.

The Department’s consultation on revised guidance on elective home education for local authorities and parents closed on 18 January. We received more than 4,000 responses, which are being analysed. We will of course publish our consultation response along with the revised guidance in the coming months. The Department has worked closely with stakeholders, including home educators, to develop that guidance, which aims to help parents and local authorities better understand what they are required to do and what should be done to ensure that all children receive a suitable education. That includes improving aspects of the guidance to make clearer the processes for when preliminary notices and school attendance orders should be issued, encouraging a more collaborative approach between local authorities and home-educating parents, and focusing more on available support for home-educating families.

Through our termly local authority data collection on elective home education and on children missing education, we are also increasing the accuracy of all local authority non-statutory registers and improving local authority and departmental understanding of children not in school. However, as I have already set out, true data accuracy will be gained only with mandatory registers, which would specify the data to be recorded. The accompanying duty on parents to inform local authorities when they are home educating and the duty on out-of-school education providers to provide information on request are necessary to ensure that we identify all eligible children. We have recently conducted a call for evidence on improving support for children not receiving any education—some of the most vulnerable children in our society—and held webinars for local authorities on meeting their duties to identify those children, and we continue to collect data on children missing education to increase transparency and identify where further support is needed.

I thank all colleagues who have taken part in the debate for bringing to the House their expertise, constituency reflections and experiences. I pay tribute to my hon. Friend the Member for Meon Valley, who led the way. Since she came to Parliament, she has devoted her sharp mind and strong advocacy to a number of causes, but education has always been extremely high on her list. She explained clearly what motivated her to support this cause and introduce her private Member’s Bill. She paid warm tribute to parents who make great sacrifices and go to great lengths to home educate their children, and she put it pithily when she said “not every child is your child”—other children are in completely different circumstances. That in no way undermines what any parent is doing, and it does not conflate any two sets of circumstances. That point came up in a number of Members’ contributions. The hon. Member for Strangford (Jim Shannon) made that case, as did his colleague, the hon. Member for East Londonderry (Mr Campbell). The hon. Member for Strangford also spoke about the importance of support; in responding to his intervention, I covered some of his points.

My hon. Friend the Member for East Worthing and Shoreham (Tim Loughton) spoke about a number of issues, including looked-after children and children in care. Since his time as Children’s Minister, he has maintained a close interest in that issue and has been very active on it. He also spoke about our largely or partly unsung success—the great strides we have made in education in this country since 2010. I pay tribute to his contribution to that through the great work he did at the Department for Education.

Our guiding philosophy since 2010 has been that we must drive up standards while closing the attainment gap. Great strides have been made in both areas, as can be seen in the international comparisons. Between 1997 and 2010, although results were ostensibly going up domestically, in fact England was coming down the international comparison tables. Since 2010, that has reversed, and crucially—as I say, this has been at the heart of our philosophy—that has been accompanied by other things we have been doing, such as the pupil premium. Great progress was made in narrowing the gap, but of course covid put a dent in education overall—that is true right across the world—and produced new challenges with the attainment gap. The attainment gap is also in part related to differential rates of attendance among different groups in the school community. That is just one of the reasons why we have a laser-like focus on attendance as we ensure we continue to raise standards in school.

Like my hon. Friend the Member for Hastings and Rye (Sally-Ann Hart), my hon. Friend the Member for East Worthing and Shoreham raised some of the wider factors and spoke about the different settings in the system and the challenges and issues. Although those are not the subject of today’s debate—I will not try your patience by going there, Sir Christopher—those are very important points.

As always, my hon. Friend the Member for Hastings and Rye brought to bear her experience in East Sussex and Hastings and Rye, and the hard work she does for her community. She spoke about the partial link between what we are talking about today and what happened during the pandemic. She also talked about SEND provision and, like my hon. Friend the Member for East Worthing and Shoreham, some of the wider factors. The crucial point my hon. Friend the Member for Hastings and Rye made was that having a register would enable us to understand those things better, and enable local authorities to tailor support and ensure they are responding well to the circumstances of different families. I thank her for that contribution.

The hon. Member for Dulwich and West Norwood (Helen Hayes), who spoke for the Opposition, talked about persistent absence, which, as I just said, is a significant issue that we are grappling with. She did not mention the international nature of the increase in absence from school since the pandemic. She also did not mention the progress made since 2010, before the pandemic, including the tightening of the definition of persistent absence in order to raise the bar, which possibly happened shortly before my hon. Friend the Member for East Worthing and Shoreham was in the Department for Education.

It is true that since covid there has been a renewed challenge in multiple countries. I am pleased to say that progress is being made. Absence overall for the 2023-24 autumn term was 6.8%, compared with 7.5% the previous year. The trend is moving in the right direction, but we need it to go further. I ask the hon. Member for Dulwich and West Norwood not to conflate entirely different subjects. By definition, home-educated children cannot be persistently absent from school, because they are not on the school roll. We went through that at the Opposition day debate, which put completely different things together in one composite motion. That does not help provide the clarity we need on the subject, and how such debates play out with the public.

[Helen Hayes]

Will the Minister give way?

[Damian Hinds]

If the hon. Lady is able to correct me on that point, I will be delighted to hear from her.

[Helen Hayes]

I am grateful to the Minister for giving way. “Conflate” is the wrong word, because these issues are linked. For many parents, the causes of persistent absence, which we have talked about—poor mental health, poor SEND support, off-rolling and pressures on families—result in their decision to home educate. Theirs could be the home-educated children about which local authorities know nothing. The issues are linked and we need a comprehensive strategy, including a register of children not in school. That is our position.

[Damian Hinds]

I suppose I am grateful to the hon. Lady for saying that. If she believes that having a register of children not in school will do something about persistent absence, I am afraid she may have higher expectations than will be delivered.

[Helen Hayes]

The register would enable intervention on the quality of the education being received by children at home. Knowing who those children are enables local authorities to understand how they are being educated and to make a determination about the quality of that education. That can help local authorities to support some families to return their children to school, where the choice to home educate was not a positive choice to do that and do it well, but was made due to the unacceptable pressure that those families have been under.

[Damian Hinds]

These are both very important subjects, and there is some linkage at some level, but I do not think that what the hon. Lady just said is a sequitur. We are bearing down on persistent absence, with a support-first approach, to ensure that children get the benefit of being in school as many days as possible. No child can be in school every day throughout their school years—every child will be ill at some point—but there is a huge benefit to being at school. We recognise, of course, that some children are in more difficult circumstances than others. The question of the register of children not in school is a separate matter, though both are important.

I want to return to a couple of things that the hon. Lady mentioned on the Opposition’s proposed, or supposed, strategy on dealing with attendance. While in principle I do not disagree with a number of those things, that is largely because they sound very like Government policy. I do, however, disagree with some of the detail and supposed changes. For example, if we are trying to improve attendance at school, I think it is wrong to focus a breakfast club policy specifically on primary school, because we know that absence is more acute in secondary school. If we target a breakfast club programme to areas where it is needed most, we can have most impact on absence.

On mental health, I believe we might have heard a new spending commitment from the hon. Lady this morning. Previously, when the Opposition have talked about mental health counsellors, it has generally been in respect of secondary schools. I was not sure if she was saying that this was to be in every one of 22,000 schools.

[Helen Hayes]

I am very happy to clarify our position, which is well publicised. A mental health professional will be based in every secondary school in the country, with mental health support available to every primary school in the country. Perhaps the Minister might say what he is doing in the same area to improve the mental health of our children and young people.

[Damian Hinds]

I am grateful to the hon. Lady for enlightening me on that subject. She should know that we are investing in creating a network of mental health support teams throughout the country. It is a gradual deployment, as these things always must be, but importantly it includes primary schools as well as secondary schools. Finally, on what the hon. Lady said about Ofsted, I will just say that Ofsted already quite rightly looks at absence.

I want to reiterate that any form of registration of children not in school would not fundamentally alter the status quo when it comes to the parental right to choose home education. Home education is a right, and we are not seeking to change that right. It forms a core part of the English education system, which allows parents choice in how to educate their child. I pay tribute once again to all those parents who make significant sacrifices to provide a suitable education for their child.

I am grateful to my hon. Friend the Member for Meon Valley for bringing this topic to the House today. My colleagues in the Department for Education and I warmly welcome her Bill on the same subject. We look forward to its Second Reading on Friday 15 March, and to working closely with her as she takes it through the House.