Monday 27th March 2023

(1 year, 8 months ago)

Westminster Hall
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Nick Fletcher Portrait Nick Fletcher
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I could not agree more with my hon. Friend and will address that issue later in my speech.

I am sure that many of us believe that the situation is simply not acceptable. There will be some children who have never attended school at all. A child’s last engagement with anyone in authority could quite possibly be the midwife when the child is two, but many fail to attend that appointment. Are these the real lost children? I am told that 1.1% of children are home schooled, but in the Traveller community it is 6%; for children of young offenders it is 6%; and for children with a social worker it is 3%. We can agree that complex backgrounds have a bearing on the numbers, and that is what many professionals would like to tackle.

There is another cohort of home-schooled children. They have dedicated parents who make huge sacrifices to educate their child at home and do an excellent job. I spoke to the petitioners Kilby and Laura last week, and both appear to be very dedicated. I have also spoken to other parents who home school, and they speak of the joy it brings to them and their children. These days, there are huge resources available on the internet, and many home-schooling communities have joined together for some lessons, such as sport, music and art, so the children have opportunity to mix but also have the benefit of one-to-one tuition at home.

Done properly, home schooling has many benefits, and it saves the taxpayer money, too. It gives parent the opportunity to educate their child as they wish. It also enables a parent to teach the subjects that they feel are most beneficial to their child. More importantly to many, it enables them not to teach the subjects that they do not think are beneficial. We have all heard recently of some of the totally unacceptable topics being taught to our children. Although the Minister is meeting me to discuss the issue and the Prime Minister has ordered a review, unacceptable material and politically contentious issues are being taught as we speak. I would seriously consider home schooling my children if they were of that age.

Why are Kilby and Laura so against a register? Kilby feels it would fundamentally change the opt-in process for schooling. The law puts responsibility to educate children on the parents, and they can choose to opt into schooling if they wish. She believes that a register would be more like an opt-out system and could end up making school attendance mandatory. Laura believes that the implementation of a register would be the first step to more oversight of parents who home educate. I can see their point: it would be a fundamental change in the relationship between the state, parents and children.

One reason why many home schoolers do not want to register is the overreach of some local authorities with the powers that they already have. Some are far too overbearing when, quite simply, an experienced officer could see that a home-schooled child is happy in a good home and is being educated well. Some home-educating parents have children with special educational needs and disabilities, and they have removed their children from state education because their needs were not being met. Some of the parents have had particular difficulty with local authority officers not being equipped to assess the complex situation. That begs the question: is a register necessary? Or should local authorities just do a better job with the resources and powers that they have?

Section 437 of the Education Act 1996 states that “if it appears” to the authority that a child is not receiving a suitable education, it can apply for a school attendance order to send the child to school. Section 47 of the Children Act 1989 states that local authorities

“have reasonable cause to suspect that a child who lives, or is found, in their area is suffering, or is likely to suffer, significant harm”,

they can make inquiries and, if need be, make an emergency protection order for the safety of the child. Therefore, if a child who is persistently or severely absent is off-rolled, the local authority already has the power to deal with the situation.

When we investigate further than a headline, we see yet again that good people who are doing a good job are threatened with more state overreach because of the poor behaviour of the few.

Gavin Williamson Portrait Sir Gavin Williamson (South Staffordshire) (Con)
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I congratulate my hon. Friend on securing the debate. In Staffordshire, we saw a large pre-pandemic increase in the number of children being home schooled, and the trend is continuing post pandemic. Of course, many brilliant parents are doing great work in home schooling, but the underlying issue is that we should be concerned about a number of children who are being labelled as home schooled but not actually getting any schooling at all. Is a register not just a proportionate measure that could help to make sure that all children get the type of education we really want, while still protecting the rights of parents to home school their children?

Nick Fletcher Portrait Nick Fletcher
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I completely understand where my right hon. Friend is coming from. As I continue, Members will hear some thoughts on that. I thank him for his contribution.

What is the answer? As I have just said, we will discuss that today. I want to protect our children as much as anyone else does. I see the damage done by kids not being in school. I see the antisocial behaviour. I see the organised crime gangs stepping in where parents, schools and the state have let children down. This is happening in my city of Doncaster and we need to do something, but I also understand the desire and the right of responsible parents to educate their children at home.

With the Government seemingly wanting to push forward with a register and the Education Committee, the Children’s Commissioner, Members of Parliament and my local authority, at least, agreeing that it is a good idea, I can see that the petitioners will not be pleased. The Government need to be careful with any legislation. There have been issues in Scotland and the Isle of Man when registers have been introduced, let alone any issues with the general data protection regulation. I therefore suggest that if we go ahead with a register, we need to put in place new safeguards and protections for parents and families who are doing a good job and, as is their right, home educating their children.

As I have mentioned, I have spoken to home-educating parents who have concerns about the state being handed more power over how they educate their children. Let us be clear: it is a parent’s right to home educate their child. However, there is no doubt that there exists in our society a presumption that children will be in school, and there is therefore suspicion around home education. Parents have told me about their rough treatment at the hands of local authority inspectors who have assumed rights of inspection over the nature of families’ home-education decisions that they do not have. A new registration requirement could, then, be accompanied by a much clearer statement of the limits of the local authority’s role when a child is home educated, and a clear complaints process for home-educating parents. After all, I suspect the sector is likely to continue to grow. I look forward to hearing the contributions from other Members on this complex issue.