Register of Children not in School

Debate between Damian Hinds and Helen Hayes

Tuesday 20th February 2024 Westminster Hall

[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.

Free School Meals: Children with SEND

Debate between Damian Hinds and Helen Hayes

Wednesday 10th January 2024 Westminster Hall

[Damian Hinds]

Obviously the quality of school food is critical, and regulations cover not only free school meals, in the sense of lunches, but all food that is available during the school day—for example, in breakfast clubs that schools provide and even in tuck shops. I may get inspiration, but I think the standards cover up to 6 pm in the evening for things going on during the school day.

When one talks about compliance with regulations, one has to think differently about what is done at a system level and for individual children. Candidly, I do not think that it is realistic to say that you could have a regulatory agency that was looking at every individual case of individual children and their requirements in that particular school, but it is important that we have those standards. If the hon. Lady would like, I would be very happy, of course, to follow up with her separately.

That, in fact, brings me on to the point that I have in front of me, which is that, where parents do have specific concerns that a school’s legal obligations regarding their child are not being met, those should be raised with the school in the first instance, and subsequently, as necessary, with the academy trust or local authority.

[Helen Hayes]

I am grateful to the Minister for giving way. I am simply making the point that the absence of any reference in the guidance to the legislation results in a situation of conflict—