Children’s Wellbeing and Schools Bill Debate
Full Debate: Read Full DebateDepartment: Department for Education
Lord Lucas
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Lord Lucas
Member's explanatory statement
This amendment seeks to probe whether the wording of this paragraph is compatible with ECHR rulings regarding requirements to disclose religion.
Lord Lucas (Con)
My Lords, it is my intention not to speak to the amendments in this group but to await what the Minister will say about them in order to shorten the debate.
In view of the conversation before we had Questions, I want to reconfirm to noble Lords that, according to paragraph 4.31 of the Companion:
“When the House is in committee there is no restriction on the number of times a member may speak”.
Therefore, a Member may speak after the Minister, and the Minister may speak during the mover of the group’s response to the Minister. The back and forwards may involve as many sessions of conversation and ministerial intervention as possible; it is completely unnecessary to use the phrase “before the Minister sits down” in Committee. Committee is a free-for-all and a conversation. It is an opportunity to focus on the real issues of the group and to have the time to talk them out and get to the nub of them, even if that takes a certain amount of backwards and forwards.
The great advantage of this is that noble Lords do not need to speak until they are sure that the point they want to talk about has not been covered already by other people and satisfactorily answered by the Minister. They can wait to see who speaks and what the Minister says, and only then, if they feel that what they wanted to say has not been said, need they say anything. It is a great technique for focusing debate and shortening groups, which is something which I hope the Government will find helpful. On this group, I beg to move Amendment 255 and look forward to the Minister’s response.
The Earl of Effingham (Con)
My Lords, I shall speak to this group of amendments on the children not in school register, which seek to probe issues surrounding privacy. The children not in school consultation aimed to collate thoughts and views around local authority registers of children not attending school to ensure that all children receive a positive and beneficial education regardless of where that education might be taking place. There were close to 5,000 responses, predominantly from parents, but also from both local authorities and charities, and the findings will help to weave a gold standard of policy and guidance, which I am sure all noble Lords wish to be entirely fit for purpose.
On these specific amendments, it is of course acknowledged that the priority should be to find the right balance between privacy on the one hand and the safety of children who are not well looked after on the other. I am most grateful to my noble friend Lady Barran, who has already set out so well His Majesty’s loyal Opposition’s view on these issues in the previous groups, so I will not detain your Lordships’ House by repeating those same arguments.
The Minister of State, Department for Education (Baroness Smith of Malvern) (Lab)
Amendments in group 4, which we have now got to, concern the inclusion of certain information in the registers and the delegated power for changes to be made to the operation of the registers. I turn to speak to Amendments 255, 256, 257, 258 and 259, tabled by the noble Lord, Lord Lucas. Each amendment addresses an element of the information which the Secretary of State may prescribe for inclusion in the registers.
Just to reiterate, as I did on the last group, parents need to provide only certain limited information about their child: their name, date of birth, address and how they are educated. All further information which the Secretary of State may prescribe for inclusion in the registers is voluntary for parents to provide. This includes information on the child’s protected characteristics, which Amendment 255 would remove, current and historic child protection inquiries, which Amendment 256 would remove, current or previous child-in-need status, which Amendment 257 would remove, the reasons for the child having looked-after status on the registers, which Amendment 258 would remove, and reasons why the child is eligible for inclusion in the register, which Amendment 259 would delete.
As mentioned in the previous group, the Secretary of State may prescribe in regulations the information which the local authority shall be required to include in the “children not in school” registers, if they hold it or can reasonably obtain it. The intention is for this additional information to help local authorities better understand and support children who are not in school. My department will consult on the content of regulations following Royal Assent. I suggest to the noble Lord that the consultation process is the right approach to determine whether there is a case for omitting certain information or including details such as the reasons for a child’s looked-after status in the registers. On Amendment 255, I am happy to reassure the noble Lord, Lord Lucas, that the relevant provision is indeed compatible with European Court of Human Rights rulings. The ECHR memorandum makes this clear.
Amendment 262, also tabled by the noble Lord, Lord Lucas, removes the delegated power for the Secretary of State and Welsh Ministers to prescribe how registers must be maintained. This power is intended to enable the Secretary of State and Welsh Ministers to provide for consistency among local authorities as to how their registers are maintained. This could include factors such as how and how often registers are checked for accuracy, how amendments are to be made, their format, and whether and how registers should be published. Most local authorities already voluntarily maintain a register of children not in school, developed based on their local needs. However, to ensure the accuracy of data and encourage consistency of practices across all areas, the Secretary of State and Welsh Ministers must be able to prescribe processes relating to maintenance and upkeep in the future.
As mentioned, we will consult on all regulations used to implement the “children not in school” measures, all but one of which will then be laid via the affirmative procedure. I hope that, for the reasons I have outlined, the noble Lord feels able to withdraw his amendment.
Lord Lucas (Con)
I thank the Minister for that explanation and beg leave to withdraw the amendment.
“(6) Each local authority must establish a parental advisory board, composed primarily of home-educating parents, to advise on and scrutinise the authority’s home education policies and procedures.(7) Where a local authority acts in a way that is contrary to the formal advice of the parental advisory board, it must publish a written statement setting out its reasons for doing so and make that statement available to the public within 28 days.”Member's explanatory statement
This amendment introduces a statutory requirement for each local authority to create a home education parental advisory board. It also requires authorities to provide public justification if they act against the advice of the board, ensuring greater accountability and transparency in decisions affecting home-educating families.
Lord Lucas (Con)
My Lords, on behalf of my noble friend, Lord Wei, I will move Amendment 270 and address other amendments in this group.
Amendment 270 would require a local authority to establish a parental advisory board. This is a useful structure for ensuring that parents and local authorities work together. Amendment 278 would allow parents to provide information in their own words. That may seem a small detail, but it is fundamental. The High Court in Goodred v Portsmouth City Council affirmed that the parents’ own statement is valid evidence of provision, but many councils insist on rigid forms that erase the richness of home education. When looking at the variety of home education, it is important that it can be expressed as it is and is not squashed into a mode of expression it is not suited to.
Amendment 280 would require that the information request be proportionate and relevant to education. Some councils issue broad, ill-defined demands, daily lesson plans and samples of child-generated independent work. Part of this is being able to demonstrate to local authorities what good practice is. As we will discuss in later groups, we need to work towards that.
Amendment 281 would introduce the word “substantial” to describe the information parents must provide. Without it, councils may request irrelevant minutiae under the guise of safeguarding; we all know which council I would use to illustrate that.
Amendment 282 would ensure that families are not bombarded with repeat demands. It is important that we look at the burden of the information provision on parents and indeed on local authorities. My understanding is that this will be addressed in the guidance, and I look forward to that confirmation.
Baroness Smith of Malvern (Lab)
My Lords, as I have said previously, the duty on parents to give information for children not in school registers is key to their operation. Information on where the child is being educated, and by whom, is vital in enabling local authorities to identify cases of potentially unsuitable or unsafe education.
The amendments in this group concern this requirement for parents to give information, and how local authorities must act in a transparent and accountable manner towards the home-educating families in their area. Amendment 277, in the name of the noble Baroness, Lady Jones of Moulsecoomb, seeks, in effect, to remove the requirement.
I want to respond to the broader points that the noble Baroness made about home-schooling. I completely understand—actually, I am not sure that I do understand—why she might have wanted to celebrate the election of her new leader. In any event, I recognise that she has a new leader, which was decided this morning. Had she been here this morning, she would have heard what were, I hope, important comments from me and others on the support that exists within the English and Welsh education system, precisely for parents to home-educate, and the reiteration by this Government that there is no intention in this legislation to remove that right. In fact, there is an intention to provide additional recognition and support while also ensuring that local authorities are able to carry out their functions, by knowing where children are being educated otherwise than in school. I hope that the noble Baroness will read the comments that I made this morning about that.
Without a requirement on home-educating parents to register with their local authority, authorities cannot be assured that they have fulfilled their education duties towards children not in school living in their areas. Parents having to provide required information is an absolutely crucial component for the success of the registers.
I bring my noble friend Lord Hacking back to the point that I made this morning. I was completely clear that it is not the case that failing to provide information to the register would lead directly to parents having to face fines and penalties. I hope that my noble friend will reread that contribution and find that it provides some assurance around the point that he made.
I recognise that there are home educators who are already known to local authorities and are captured on voluntary registers. However, that is not the case for all because there is currently no legal requirement for parents to tell local authorities that they are home-educating. Without placing this proactive duty on parents, local authorities will have no assurance that they have identified all children not in school in their areas. As I have mentioned previously, the duty on parents to give information for registers is separate from but complementary to the annual reports that some parents submit to local authorities for the purposes of providing in-depth information about their child’s education.
In terms of parents giving detailed information on the child’s learning objectives and progress towards them, we want parents to continue to have flexibility to submit information in a way that works best both for them and for the elective home education officer. However, for the basic information, such as where the child is being educated and by whom, it is essential that there is a level of consistency in how this is submitted, collected and maintained. Parents of home-educated children in almost all other western countries must, as a minimum, provide details for a register. Children in England and Wales deserve the same level of assurance.
Amendment 278, tabled by the noble Lord, Lord Lucas, seeks to allow parents to provide the required information in their own words. I appreciate how that approach would afford some flexibility to parents, but there needs to be consistency. That is why we are seeking a delegated power for the Secretary of State to prescribe how local authorities maintain and keep their registers, including the use of a prescribed registration form. We will ensure that the form is accessible and simple for families to use.
Amendments 280, 282 and 285, tabled by the noble Lord, Lord Wei, seek to restrict the duty on parents to provide information for registers, and the ability of local authorities to request information, by imposing time limits. Amendment 280 would restrict local authorities from requesting required information to once a year and impose a “reasonable cause to suspect harm” threshold for further engagement. Amendment 282 would provide a similar threshold so that parents did not have to provide information more than once every 12 months, and Amendment 285 would go further by introducing a civil penalty of up to £5,000 for local authorities for asking for information too frequently.
Twelve months would be too long a period for a local authority to be unaware of a change to a registered child’s education provision or personal circumstances. Education concerns can arise at any time, and local authorities must retain the ability to act proportionately without needing to meet a safeguarding threshold. The threshold risks conflating safeguarding with the separate duty to ensure that a child is receiving a suitable education.
Amendments 283 and 284, tabled by the noble Lord, Lord Lucas, seek to extend parental response times from 15 to 30 days, as well as alternative deadlines that would potentially extend the timeframe to 12 months. We are keen that the length of time to respond to a request is proportionate and balances the needs of the family with the risk of a child being out of education for too long. That is why the Bill already allows a local authority the discretion to extend the timeframe for response to requests for information. That discretion could be used by local authorities if they make the request at a time when, for example, it is likely that a family may be on holiday.
Amendment 281, tabled by the noble Lord, Lord Lucas, seeks to require parents of registered children to provide updates to their local authority only when there has been a substantial change to their information in the register. We share the noble Lord’s ambition that the burden on parents to provide information is kept to a minimum, but we have to ask: what would count as a substantial change? For example, a child attending a setting for an extra half an hour a week could mean that the child was then attending that setting for 18 hours or more, potentially indicating that the setting was operating illegally. Even though it was just 30 minutes more, it would be right that the local authority knew about it as the child might be attending an illegal school.
I know that the noble Lord is also concerned that families may overcomply with their duty to update information. I thank him and other noble Lords for detailing these concerns to my officials in the July meeting. We are committed to ensuring that the registers work for everyone and will continue to take into consideration the feedback that we have heard from your Lordships, home educators and local authorities.
I turn to Amendment 287, tabled by the noble Lord, Lord Wei. In a situation where parents have not fulfilled their duty to give information for registers, the amendment would require a local authority to seek approval from a magistrate or independent tribunal before taking further steps to gather the required information. Requiring local authorities to seek approval from magistrates or a tribunal before making reasonable inquiries about a child’s education is disproportionate at best. At worst, it risks children being in unsuitable education for long periods.
If a parent of an eligible child does not provide required information for a register, local authorities may continue informal inquiries. They also have the discretion to issue a preliminary notice for a school attendance order. This notice would require the parent to provide information on the suitability of the child’s education. These are proportionate responses to ensure a child is in receipt of suitable education.
Amendments 270, 380 and 382 in the name of the noble Lord, Lord Wei, seek to establish new review processes, including in situations where it is believed that a local authority is acting outside guidance or law. Local authorities are required to act in accordance with the law and should follow statutory guidance. If parents feel that a local authority has acted unreasonably or has not followed the law, there are several existing complaints processes in place, such as the Local Government and Social Care Ombudsman and the judicial review process; in some cases the Secretary of State has powers to intervene.
The guidance updated as part of the children not in school measures will build on existing non-statutory guidance to ensure greater consistency around complaint processing. The new statutory guidance will also be consulted on prior to implementation. Data gathered by the department as a result of the children not in school registers will also allow us to draw comparisons between local authorities, identify any outliers and offer further support to these local authorities where appropriate. For these reasons, while we fully support engagement and transparency between local authorities and home-educating families, we do not believe that these amendments are the right way to achieve that aim.
Amendment 388 tabled by the noble Lord, Lord Wei, seeks to set up an annual review panel made up of home-educated children to advise on legislation impacting home education. The voice of the child is an important consideration when developing and implementing education and safeguarding policies. There have been previous consultations on changes to home education and young people were able to feed in their views, including a call for evidence in 2018, a consultation on the children not in school registers in 2019 and updates to the elective home education guidance in 2023. We would also welcome input from children as part of the future consultation on the children not in school statutory guidance as part of the implementation of the measures in this Bill.
For the reasons I have outlined, I hope that noble Lords will feel able not to press their amendments.
Lord Lucas (Con)
My Lords, I am very grateful to the Minister for that comprehensive set of answers, most of which amount to “wait and see”, which I shall be delighted to do. I would be very grateful if she would send me some information on what she thinks the scope of the Local Government Ombudsman is in this area. I had previously thought that they would not have jurisdiction, so I would be very grateful for the Department for Education’s understanding of what sort of questions they will feel able to resolve. Given that, I beg leave to withdraw.
Lord Lucas
“(6) The register of children not in school created under section 436B must be maintained solely by the local authority and must not be compiled into or made accessible through a national database.”Member’s explanatory statement
This amendment prohibits the creation of a centralised national database of home-educated children. It ensures that all data collected under section 436B remains under local control, in line with principles of data minimisation, family privacy, and proportionality.
Lord Lucas (Con)
My Lords, on this I think it would be best if I listened to the Minister’s responses. I beg to move.
Lord Addington (LD)
My Lords, we are doing things in a slightly unconventional way today, but I agree that it is probably in order. These amendments come down to the use of information. I would hope that education policy follows information and knowledge. I am talking here about the groups of home educators who are doing it not because they like the idea but because they feel they have to because needs are not being met.
Earlier the noble Baroness, Lady Whitaker, spoke to an amendment specifying that you should find out certain things. Effectively, it is a reaction to the amendment from the noble Lord, Lord Wei. The noble Lord, Lord Lucas, has tabled rather subtler amendments about the use and storage of information. I hope the Government can give us at least an assurance that they will be collating information to make sure that those who are home-educating because they feel they have no choice have an answer going forward. This will be very important in the Government’s long-awaited—and, I hope, not just aspirational—changes to special educational needs. We are a large group. I would hope that they are collecting this information, making sure they do something positive with it, then telling us how they manage and distribute it afterwards. That is an equally valid point.
Baroness in Waiting/Government Whip (Baroness Anderson of Stoke-on-Trent) (Lab)
My Lords, I thank the noble Lord, Lord Lucas, for stepping in and moving the amendment tabled by the noble Lord, Lord Wei. I thank all noble Lords for their contributions to this short but thoughtful debate. I will not take it personally.
Fundamentally, the Government believe that the department’s understanding of children not in school can be improved through the measures in this Bill. Although we currently have collected and published aggregate data on home education and children missing education from local authorities since 2022, our understanding of this cohort of children can be enhanced further through improved quality of data collected by the department. This data will help identify trends among the cohort of children and help determine future policy needs. I assure noble Lords that any data handled by the department will be dealt with in accordance with data protection law and GDPR principles.
I turn to the substance. Amendment 271 tabled by the noble Lord, Lord Wei, would disallow data held on a local authority register from being stored on or shared with any other database that is held and managed by an organisation such as the Department for Education. We believe there is considerable value in the Secretary of State being able to receive data from local authority registers to improve oversight and understanding of this cohort on national and local levels. It will make it easier to identify when children have fallen through the gaps.
The information collected will be used for straightforward reasons, as outlined by the noble Lord, Lord Addington. Analysis to identify trends to feed into policy development, maintaining the integrity of the register and supporting safeguarding, education and welfare will allow us to identify why some children are moving out of mainstream education. The adoption of this amendment would therefore undermine our efforts, as outlined in the Bill.
Amendment 307 tabled by the noble Lord, Lord Lucas, would require certain public bodies that process data to create a transparency register. As we have heard, this would require those bodies to produce and maintain detailed records of all data processing including the form and publication of the record, retention period and disclosure circumstances. Transparency is an important principle, but current statutory accountability mechanisms and audit provisions already provide appropriate oversight. For example, as part of the department’s commitment to transparency, details of all organisations with which we have shared personal data are published quarterly on GOV.UK, alongside a short description of the project, which I hope the noble Lord considers to be an appropriate safeguard.
Amendment 308, also tabled by the noble Lord, Lord Lucas, would, as written, make local authorities unable to share individual-level data with the Secretary of State unless it related to making a direction about a school attendance order. Other information concerning home-educated children or children missing education would be shared only at an aggregate level.
The data processed through children not in school registers is envisaged to have wider uses than just determining whether to issue a direction regarding a school attendance order. Allowing the Secretary of State access to individual-level data will provide for more robust data analysis and research and the join-up of functions aimed at promoting a child’s education or safeguarding. For example, the sharing of individual-level data will enable cross-referencing with departmental databases to locate children who have slipped under the radar due to relocation or changing educational provision.
The provision in the Bill for local authorities to share information from registers with Welsh Ministers could be used in a similar way to enable the location of children who have disappeared from registers due to moving from England to Wales or vice versa. This amendment would therefore undermine the purpose of the registration system, limiting the use of the data it could contain to statistics and exceptional cases concerning school attendance orders. For the reasons I have outlined, I kindly request that the noble Lord, Lord Lucas, withdraw his amendment.
Lord Lucas (Con)
My Lords, that was a full and helpful answer, for which I am grateful to the Minister. I beg leave to withdraw the amendment.
Lord Lucas
“(6) The register established under section 436B shall expire two years after its creation unless the Secretary of State publishes evidence that it has demonstrably improved safeguarding outcomes.”Member's explanatory statement
This amendment introduces a sunset clause to ensure the register remains under review and is retained only if shown to be effective in improving safeguarding outcomes.
Lord Lucas (Con)
My Lords, this group seeks to ensure that the most intrusive elements of the Bill, particularly the new register of children not in school and associated powers, are subjected to robust rolling checks and ultimately remain only if they demonstrably work. Amendment 274 from my noble friend Lord Wei would introduce a simple safeguard whereby the register will expire two years after its creation. This would make sure that the system does grow beyond its original purpose without a clear review.
The troubled families programme is an example of a programme that was sold as an early intervention, but which had very little effect and continued long after people knew it was not doing anything useful. Similarly, Prevent, introduced as a targeted strategy to counter radicalisation, was quietly broadened over time into schools, nurseries and local authorities. The UN special rapporteur described it as the systematic surveillance of Muslim families and their children under the guise of safeguarding. These systems do tend to drift, so having the ability to curtail the register, or at least a requirement to review it, would seem a sensible safeguard.
Amendment 330 calls for a two-year pilot scheme before the register is rolled out. We know from experience that local authorities are highly variable in their understanding, and we receive reports of wildly inconsistent demands. If we run this as a pilot, we will get a clear understanding of how the system is going to work before we have to try it nationally on a whole series of overstretched local authorities, some of which will be mid-reorganisation and not in a position to take on something new.
Amendment 320 proposes that every two years the Secretary of State must review the operation of Sections 436B to 436G and lay their findings before Parliament. If we are not going to actively renew these, as previously proposed, we should at least be sure that we review them.
Amendment 329 proposes an independent review board made up of home educators and education law experts. One reason why SEND tribunals overturn 95% of local authority decisions is that independent panels exist to scrutinise flawed local reasoning. If we do not have independent review, we will allow this new system, which we all wish to succeed, to decay unnoticed. The volume of complaints we have heard from families who say that their council simply does not understand autonomous learning, or that they keep applying a rigid “home at school” template and deem everything else unsuitable, demands some expert oversight. The document from Bristol shared with the Government would be an example of that. This board would ensure that decisions are not made solely by people who may have little real grasp of the varied pedagogies embraced by the home education community. Amendment 388, in another group, would give home-educated children a direct annual panel to advise the Secretary of State, as we have discussed.
These amendments are also about preserving the proper balance between state oversight and family privacy. We have heard families voice profound fears about how soft safeguarding powers have become heavy handed. In one county, a local authority insisted on seeing the family’s daughter alone to discuss why she was not in school, despite clear evidence of school-related trauma. The family reported that it felt more like an interrogation than support. Another council threated a school attendance order within weeks of deregistration, purely because it had no familiarity with unschooling approaches. My noble friend feels that these proposals would not harm the Bill but would strengthen it. I beg to move.
Lord Crisp (CB)
Rather foolishly in retrospect, I have added my name to several amendments proposed by Front-Bench Members of the parties opposite, and I therefore have to speak first on them, rather than just say that I agree. On this occasion, the noble Lord, Lord Storey, has proposed a new clause reviewing the impact on home-educators and the reduction of unnecessary reporting after the event. It also includes an assessment of the administrative and reporting requirements placed on local authorities as part of its proposed terms of reference.
Particularly in the light of this morning’s discussions, when we looked a great deal at the impact on home-educators but also on unprepared local authorities, and the expectation that local authorities should up their game considerably as a result of a number of measures in the Bill, it will be even more important to undertake a review such as this. The Minister has suggested that regulation will provide considerable flexibility. Some of us, including me, have been arguing that some of that flexibility needs to be put in the Bill and that there needs to be parameters around it. But even if there is flexibility, it will be interesting to see whether that actually works in practice. I am very much a supporter of the amendment proposed by the noble Lord, Lord Storey.
Lord Lucas (Con)
My Lords, I entirely agree with the noble Lord, Lord Storey, on that. I think it is an excellent amendment. To have the certainty of that review would be a great comfort. Home education legislation appears so rarely that it might be 10 years before some malfunctioning system was put right. To make it appear after two years would be a great comfort.
The Earl of Effingham (Con)
My Lords, as we have heard, Amendments 274, 276 and 425 in the name of the noble Lord, Lord Wei, seek to introduce different iterations of sunset clauses for the use of children not in school registers. I hope the noble Lord, Lord Wei, when he reads Hansard, will understand it would be relatively challenging for His Majesty’s loyal Opposition to support such an approach, as our long-standing policy has been to introduce these registers.
We do, however, see merit in Amendment 331 in the name of the noble Lord, Lord Storey, which seeks a review of reporting requirements and the impact on home educators. It is vital that we achieve workable and realistic reporting requirements as this Bill passes through your Lordships’ House in line with Amendment 260 in the names of the noble Baroness, Lady Barran, and the noble Lord, Lord Hampton, debated earlier, which we very much hope will be accepted by His Majesty’s Government and which aims to avoid adding additional information requirements for the children not in school register. We look forward to the feedback from the Minister.
Baroness Anderson of Stoke-on-Trent (Lab)
My Lords, this has been a useful and considered debate. I thank noble Lords for their participation. Local authorities have existing duties under the Education Act 1996 to identify children in their area who are not registered at school and not receiving a suitable education and to intervene in such cases. The ability of local authorities to fulfil these duties has been undermined by there not being an obligation on parents to inform the local authority that they are home-educating. Statutory children not in school registers, along with duties on parents and out-of-school education providers to provide information, will support local authorities to identify those children not receiving a suitable education and take action to address this.
On Amendments 274, 276 and 320, tabled by the noble Lord, Lord Wei, and moved by the noble Lord, Lord Lucas, these amendments would require the Secretary of State to publish evidence on the impact and operation of children not in school registers within two years of their creation in order for them to remain in place. In relation to Amendment 320, of course we will periodically evaluate the impact of the registers on local authorities and parents, following their implementation, and bring forward any necessary adjustments to your Lordships’ House as appropriate. In response to Amendments 274 and 276, the central objective of the registers is to support local authorities to identify children not in school in their area who are not receiving a suitable education. This is not just a tool for safeguarding. We therefore do not agree with Amendments 274 and 276, which suggest that solely looking at safeguarding outcomes would be an accurate measure of the register’s success.
On Amendment 329, also tabled by the noble Lord, Lord Wei, which would require the Secretary of State to establish a board of home educators and educational experts to evaluate the impact of the registers, this amendment is unnecessary as we already intend to evaluate the impact of the registers. We have established a forum of home educators and other key stakeholders and are engaging with them on the registers. We will continue engagement post-implementation to evaluate the impact of the registers.
Amendment 330, tabled by the noble Lord, Lord Wei, would require that the Secretary of State delay the national implementation of children not in school registers until a two-year pilot scheme has been completed. A pilot scheme before implementation is unnecessary. The Bill already provides for adjustments to be made to the operation of registers where needed, including via regulations.
Amendment 331, tabled by the noble Lord, Lord Storey, would require the Secretary of State to review the impact of children not in school registers on parents and local authorities within six months of the Bill becoming law, and report the findings to Parliament. While we agree on the need for regular and transparent monitoring of the registers, six months is too soon to gather meaningful insights. We will begin analysing data from local authorities one year after the registers come into force and engage with parents and out-of-school education providers at appropriate intervals. This monitoring will demonstrate whether adjustments need to be made. Where this is the case, we will bring it to your Lordships’ House in the usual way.
Finally, Amendment 425, tabled by the noble Lord, Lord Wei, seeks to ensure that all laws concerning home education are reviewed and will automatically expire after five years unless reapproved by Parliament following a public consultation. We believe this would not be the most efficient use of parliamentary time and would only create uncertainty. Of course the impact of any legislation should be monitored and reviewed regularly. However, the timelines for evaluation should be tailored for each Act, statutory instrument and part of the Bill.
Therefore, for the reasons I have outlined, I kindly ask noble Lords not to press their amendments.
Lord Lucas (Con)
My Lords, I am very grateful for those responses. I am delighted to hear that the forum of home educators is to continue. Will the Government consider producing an occasional communiqué from that forum? I would not expect complete openness but something so that we can all know what is going on. The noble Baroness said she will start reviewing one year after. That seems a sensible timeline to me, but will she also commit to a baseline so that we know where they have started from and not just where they are in a year’s time? Might she also make a slightly firmer commitment to report to Parliament on how it is going?
Baroness Anderson of Stoke-on-Trent (Lab)
I am happy to commit to write to the noble Lord and reflect on what he has said.
Lord Lucas
Member's explanatory statement
This amendment would enable discussion about new inserted section 436E.
Lord Lucas (Con)
My Lords, this is an area where we have had substantial conversations with the Government so, again, I would prefer to start by listening to the Minister. I beg to move.
Lord Crisp (CB)
My Lords, Amendment 288A is in my name. In a way, it is the counterpart to the amendment we debated this morning under which parents would have to provide information about providers. This is about the information that the providers need to provide. There are two points in it. I have used the same format as the earlier amendment to say
“a person or organisation is providing regular out-of-school education to a child not registered in school, for more than 10 hours in a week”
and used the words
“is not primarily social or recreational”
and
“takes place without any parent of the child being”
there. I will dwell for a moment on those two points: “regular” and “not primarily social or recreational”.
The point about “regular”, as we have touched on but not fully discussed, is that this should not apply to one-off or occasional items, some of which will come up at short notice and cannot therefore be included in the register because the parents did not know about them in time to give notice. It would be extremely useful to have this in the Bill and not just in guidance. As I argued earlier, we need some parameters around what will come out in regulation. The word “regular” is not a particularly difficult one for the Government to include and would clarify that this refers only to people who are providing regular activities—maybe a definition of regular would be needed.
The other point on which I want to dwell a little more is saying that these activities are “not primarily social or recreational”. The Minister will correct me, but I think that at some point she said that it was not expected that activities that are not educational should be included in the register. The trouble is that a lot of activities—such as rugby training or swimming lessons, where they are carried out by a school—are educational, or could be, and, for example, the Girl Guides is an educational charity. It would be easy enough to label these organisations and activities as educational, which is why I am trying to turn it the other way up and say that activities that should not be registered are those which are primarily social or recreational. That is a fairly simple judgment to make and it would allay quite a lot of fears, including, perhaps, the example I used this morning—although it may be regarded as more educational than social and recreational—of the Wildlife Trusts. It has already stood down its activities because of concerns about the data that it will have to provide on all the children that use its services as part of its home education programme, which has been going on for some time.
In looking at this, I ask the Minister to reflect a bit more on those two descriptions: “regular” and “not primarily social or recreational”, as opposed to the “not educational” aspect.
Baroness Jones of Moulsecoomb (GP)
I was listening. I would just like to thank the noble Lord, Lord Hacking, for speaking on my behalf so eloquently. I hope that he supports the rest of my amendments as well.
Lord Lucas (Con)
My Lords, I am very grateful to the Minister for her comprehensive reply and I beg leave to withdraw my amendment.
Lord Nash (Con)
My Lords, I rise to support Amendment 306 in the name of my noble friend Lady Barran. Given that this country has the joint lightest-touch approach in Europe in relation to the oversight of home education, I would have thought this is a no-brainer to enable us to understand more about the performance of these children. I also hope that those in the home education lobby will welcome and support the amendment, as it would give them the opportunity to show their paces.
Lord Lucas (Con)
My Lords, I have Amendment 317 in this group, which would rather expand the range of reporting to other groups of children who are under the care of the state and not in a specific school. It is really important for the governance of education in this country that we understand how all our children are performing. I would expect a local authority to take an interest in the examinations of home-educated children and these other groups of children in Amendment 317 in their local area. I would expect the Department for Education also to be interested, not for year-to-year panicking but in a determination to understand what the difficulties and differences are and how, over time, to drive the results up. The basic starting point of that is to get the data out.
Particularly if you are reporting at a national level, you are not reporting anything that has any element of personal or identifiable data to it, but you are putting a bit of data down on the table to draw people’s attention to what the state of affairs is. That is a very important part of the way in which the state should have responsibility for what it is providing to our children.
Equally, I agree with those who are saying, particularly as we are bringing home education within the scope of the state so much more, that we should take responsibility for making sure that home-educated children find it easy to take crucial examinations. At the moment, it is extraordinarily difficult. They may have to travel hundreds of miles to find an examination centre and pay thousands of pounds to have access to an exam. The Prime Minister is borrowing a flat so that his child may have a quiet environment in which to study for his examinations, so one would hope that the Government realise that making it easy to take exams within a reasonable distance from home and without undue stress on the family’s finances is an objective we should have—particularly when, as my noble friend says, home-educated children are saving us so much money.
Lord Crisp (CB)
My Lords, I support the proposal on GCSE results from the noble Baroness, Lady Barran. It is very important, for the reasons she suggests. I have seen some interesting results from home-educated children, which show them performing well in these areas. The results would be interesting to see and may improve the score, as it were, for the country as a whole.
Secondly, I entirely support the amendment from the noble Lord, Lord Storey. I will say nothing more except that this is perhaps the biggest single practical obstacle in the current regime that home-educating parents have reported to me. I will leave it to the noble Lord to press that case.
Lord Lucas (Con)
I am grateful to the noble Baroness for her response to Amendment 317. I understand her reluctance to publish information as if home educators were a school, but I urge her to think how useful it would be to have that information for understanding what is happening in home education.
It is one of the long-running criticisms of home education that there is no information as to how these children are doing—you say they are doing well, but you cannot show me any information as to that. It would be really useful in understanding, as the noble Baroness has said, whether an internationally liberal approach to home education is justified. Even if it is only for the Government’s own policy formation, I very much hope they will make sure that they can put together the sort of information I have detailed in this amendment, so that they can understand the effects of policies as they are at the moment.
Baroness Barran (Con)
My Lords, on behalf of all noble Lords who have spoken in this short debate, I thank the Minister for her response. I absolutely support the sentiment just expressed by my noble friend Lord Lucas about the importance of understanding the outcomes for children who are home-educated.
In relation to my Amendment 306, the reasons that the Minister gave for not aggregating and publishing, or even aggregating and not publishing, their GCSE results was—as I wrote down—that, first, it was hard to do and, secondly, it would not produce the results that we expect. It feels curious to me that someone could not put a box on the form—that a child could tick, to say that they were home-educated—that could be aggregated.
On the expected results, the whole point, or part of the point, was to understand how many home-educated children were taking public exams and how many were not. I think that would be a useful bit of information. So I do not accept the argument that it would not produce the results that we expect; we do not have an expectation because we do not know what they are. More widely, when there were very small numbers of children who were home-educated, it was perhaps—
Baroness Jones of Moulsecoomb (GP)
My amendments so far have tried not to put further administrative burdens on families who home-school. It can be vast, complicated and very difficult for them to achieve. However, my Amendment 315 follows on very nicely from the contribution from the noble Lord, Lord Crisp, because, at the moment, there are huge financial pressures on local councils. We know that local authorities are struggling. I am told that the special educational needs and disabilities system is creaking at the seams—some people are using the words “breaking point”. So the premise that local authorities are best placed to judge the needs of any child, especially over and above their own families, is perhaps foolish, because local authorities vary enormously in expertise and understanding of alternative education approaches.
Officers who visit families might be very unfamiliar with the sort of experience they see. They may be unfamiliar with home education and special educational needs, and they may not know much about child development. They might make subjective and perhaps inconsistent judgments about the family they are seeing and might penalise families who are supplying excellent education simply because it does not look like “school”.
It is quite important that we understand that local authorities have to exercise extremely difficult judgment. Putting a further burden on families is really unwise.
Lord Lucas (Con)
My Lords, I very much support what has been said by the noble Lord, Lord Crisp. This is really the nub of things—how we can make support work.
I also support what the noble Baroness, Lady Jones, has just said. It is absolutely clear that some local authorities take any opportunity to tip home-educating parents into getting their children back into school. We want to be encouraging parents, at all times, to approach local authorities to say that they need some help—that is a perfectly ordinary thing to do. If you as a solicitor are sued by someone else, the first thing you would do is find another solicitor. Even if you are an expert, you go and ask for help. It should be regarded as ordinary. No one should take on something such as home education without looking all the possible sources of advice, because there will always be someone who has insights that go beyond your knowledge. Protecting against the misuse of that approach is important to making sure that we have a strong relationship between local authorities and parents.
My Amendment 311 would require local authorities to explicitly take account of the needs of the child and the educational preference of the parents. That is a very important part of the attitude; the local authority should understand the parents and work with them, not try to impose its own formula.
I will also speak to a number of amendments in this group tabled by my noble friend Lord Wei. Amendments 390, 401, 402, 407, 419 and 422 address the financial asymmetry borne by home-educating families. Every child educated at home saves the state around £7,500 a year. However, the entire burden of curriculum costs, exam fees, tutoring and lost parental income falls on the families themselves. Amendment 390 would introduce tax relief for education expenses, while Amendment 401 would grant rebates when families home-educate due to a lack of suitable school places.
Amendment 402 would adjust council tax to reflect that home-educating households are not drawing on local school budgets. Amendments 407 and 419 explore models for direct funding, whether through per-pupil allocations for individual families or co-operatives, which would bring a measure of parity to a system that otherwise risks confining high-quality home education to the affluent.
Amendment 422 recognises another imbalance: where the state compels parents to spend hours compiling reports or attending overnight meetings while simultaneously providing the labour of teaching, they should not do so entirely unpaid. Compensating that time, at least to the level of the minimum wage, is not only fair but respects the immense commitment that parents undertake on society’s behalf.
Amendment 396 presses the Government to fund independent research into home education practice. It is striking how much policy in this area proceeds on assumption and anecdote rather than robust data. What does successful autonomous learning look like across different family contexts? How do educational outcomes compare when we look beyond narrow test metrics to include well-being, creativity and lifelong resilience?
Speaking with my own voice now, that is something that I would very much support. As the Minister said, it is difficult to get a grip on how education is doing just from incomplete exam statistics. Doing some proper research would not only benefit the Government and their policies but enable the home education community to become a self-improving community and to do better by their own children, which is a huge motivation for them.
Lord Addington (LD)
My Lords, I am afraid that my noble friend Lady Garden was beaten by the rapid progress that has been made by recent standards, so I shall just draw the House’s attention to her amendment, which says that if someone does not have English as a first language, they should receive some help in understanding the requirements, and that that should be appropriate to them when they are dealing with this field. It is not a big thing, but it is important to get it and the Government’s response on the record.
Looking down this very eclectic list of amendments, I come to one from the noble Lord, Lord Moynihan, about sports education, and I wonder if there is some way of linking in there. One of our challenges is how much we should help people with sporting education. Physical fitness is an important part of that; it is a great way of asserting degrees of confidence in certain groups of people, and we could put the arts down here as well. Are the Government looking at ways in which certain aspects that cannot be provided in a small setting might be done by the education establishment? Is any thought going into this? We have sport on the list, and we could easily put something like the performing arts down too.
Lord Lucas (Con)
My Lords, I am grateful for the Minister’s response to my amendments, but may I pick up briefly the question of exam centres for home-educated children? The noble Baroness, Lady Barran, was kind enough in early 2024 to allow me to start exploring what was required to reverse the trend that we have seen for many years of a reduction in availability of exam centres. This was rudely interrupted in July—sadly, for us—but it was clear to me that there was no lack of good will.
We have a collection of about half a dozen organisations, each of which has sets of individual requirements and ways of looking at things that do not quite mesh and that make it difficult for a school to continue the provision. This includes the Equalities and Human Rights Commission. One of the great difficulties is that, if you allow any outside candidate, you have to admit all outside candidates, and if any of them have special needs and require particular provision in separate rooms and you do not have that, you do not know where to provide it and you do not have the budget for the staffing, you just say, “We cannot do this because we cannot handle the exceptional circumstances”. It is a question of getting people together and saying, “We, the Government, have an objective: we want home-educated children to have reasonable access to exam centres. Please sit down together, sort out your differences and give us the answer”. And they would, because it is perfectly possible; it just requires a series of small compromises.
Baroness Smith of Malvern (Lab)
I am not convinced that the Equality and Human Rights Commission is the reason why there are difficulties in the way that the noble Lord outlined, but I take his point that we could make progress on this were there to be some brokering of arrangements. I would be willing to give further consideration to information about access to examinations and how to overcome some of the issues.
Lord Crisp (CB)
My Lords, I was going to speak to Amendment 365, which is about appeals against a local authority’s decision not to revoke an attendance order. However, in light of the discussion we had about appeals in an earlier session in July, I had intended to withdraw this amendment, so I will not speak to it.
Lord Lucas (Con)
My Lords, I have several amendments in this group. My noble friend Lord Wei is concerned that we are not getting the balance right between the state and family, and I agree with him. It is the parents who have the primary responsibility for upbringing and the best interests of their child, and intervention by the state should be justified only in exceptional circumstances and must be proportionate. My noble friend feels that Clause 32, as drafted, risks tipping that balance the wrong way. Families already tell us that school attendance orders cause stress, anxiety and a sense of powerlessness. One parent said they were forced to send their child to school against her will, where her needs were not going to be met. They said, “We felt trapped, unheard, threatened and fearful for our daughter’s safety”. Another described a child with severe anxiety and seizures who has thrived only when withdrawn from school.
For many, home education is not elective but a response to systemic failures. I am sure the Government are aware of that, and what a mess the SEND system is at the moment. Many of the parents who home educate are doing so in response to a less than ideal system. I know we tried to improve the system, and that this Government are going to have another go; it is not easy. We must expect a continued flow of parents who choose to look after their own child because the state is not doing a good enough job, and be humble enough to recognise that that deserves our support and not continual harassment.
Amendment 334 would change the duty on local authorities to serve a preliminary notice from “must” to “may”. In the context of all the other discretions that local authorities have, it would be sensible to allow them to see that issuing a notice in a particular set of circumstances would do more harm than good. It would allow them to focus on the child’s welfare and not force them down a rigid path.
Amendment 335 would require that all relevant support be offered before issuing such a notice. This goes back to an earlier amendment tabled by the noble Baroness, Lady Jones of Moulsecoomb. The first reaction of the local authority ought to be to ask if support is possible—can it help make this succeed?—as well as looking at whether school is a better option. It ought to come at this with support; families should not be threatened with orders without help being tried. The Square Peg campaign, supported by over 130 organisations, has called for a “support first” duty. One parent told us, “We asked for counselling and support, but what we got was a school attendance order. It only made my child’s anxiety worse”.
Amendment 338 asks in what circumstances a “best interest” test will be applied. Amendments 339 and 340 ask why just the existence of a Section 47 investigation is the trigger, rather than a consideration of whether that investigation has any relevance. Many Section 47 investigations are entirely unconnected to the suitability of a family for home education.
Amendment 341 looks at the question of how the local authority is in a position to judge best interests. What resources has the local authority got to enable it to do this? Why should the decision as to what a child’s best interests are be so hard for a parent to challenge? If it is not to be hard to challenge, what should the routes be?
Amendments 343, 344 and 345 are all concerned with the threat of a school attendance order not being a penalty for a minor infraction. I gather that the Government intend to put that in guidance, but it is important that parents understand that they are being judged by reasonable standards and are allowed to make ordinary mistakes—that they are walking a path and not a precipice.
Baroness Jones of Moulsecoomb (GP)
There are quite a lot of tweaks in this section, which suggests that it is perhaps not quite right and that it needs to be rewritten in some ways.
We heard from the noble Lord, Lord Storey, just now that school is a very safe place, but I am sure he is well aware that school is not a safe place for everybody. Young people get bullied and it can be extremely distressing for some children, specifically if they have prior trauma, special educational needs or unmet needs, or have never attended school. There are all sorts of people for whom school is not the best and safest environment. I am trying to protect families who have already indicated that school is not meeting their child’s needs.
I hope we understand that local authorities sometimes judge in a completely erroneous way what families are doing with home education. We have discussed this, but I think Clause 32 is perhaps not fit for purpose.
Baroness Smith of Malvern (Lab)
To continue where the noble Baroness finished, a child receiving unsuitable education for as little as a day could be detrimental for their educational development. The measures in the Bill seek to make this process more efficient, minimising the time in which a child may be receiving unsuitable education.
We have heard many speeches that highlight the rights of parents to educate their children how they wish. Parental choice is important, but it is crucial to remember that with rights come responsibilities. All children have a right to a suitable education, and parents have a responsibility to secure that education for their children. Where parents fail in this responsibility, there must be a consequence for the parent and a swift route to suitable education for the child.
The amendments in this group are focused on the school attendance order process. I turn first to address the opposition from the noble Lord, Lord Lucas, to Clause 32 standing part of the Bill. We believe that Clause 32 is essential. Without it, local authorities would have no power to act when parents refuse to comply with the children not in school registration duties, or where a child is not receiving a suitable education. Clause 32 allows local authorities to require school attendance where a child is subject to child protection investigations or plans and where school is deemed to be in the child’s best interests. This is a vital safeguard for some of our most vulnerable children.
As part of school attendance order proceedings, local authorities will be empowered to request to visit the child inside their home, so that they can fully consider the environment in which home education is being provided. Parents have the right to refuse the local authority’s request. If access is not given, this will be a relevant factor for the local authority to consider when deciding whether to serve an order.
The clause strengthens the current system by introducing timelines to make enforcement more efficient and to reduce prolonged periods in unsuitable education. It allows parents convicted of breaching a school attendance order to be prosecuted again if they continue to breach it, without requiring local authorities to restart the enforcement process. Aligning school attendance order fines with attendance fines will further incentivise parents to ensure children are registered at, and continue to be registered at, the named school.
I turn to Amendment 333A, tabled by my noble friend Lord Hacking, and Amendment 334, tabled by the noble Lord, Lord Lucas. Amendment 334 seeks to make the issuing of a preliminary notice when a child is not receiving suitable education, or when home education is not in the best interests of an eligible child, a discretionary act for local authorities. I will not respond to Amendment 333A, as I had intended to, given what my noble friend said. Making the process discretionary would create inconsistency. A mandatory preliminary notice ensures that there is definitive action when a local authority has reasons to believe that home education is not suitable for, or not in the best interests of, an eligible child.
Amendment 335, tabled by the noble Lord, Lord Lucas, would require support to be offered before a preliminary notice could be issued. In cases where concerns about the suitability of education are serious or urgent, local authorities must be able to act without delay. Making support a legal precondition could inadvertently shield unsuitable provision from scrutiny. However, I appreciate that the noble Lord is concerned that a formal notice can be daunting for a parent to receive. We will consider what further guidance can be issued to parents and local authorities as part of the implementation of these measures to ensure that they can engage confidently with the process.
Amendments 338 and 341, tabled by the noble Lord, Lord Lucas, seek to prevent local authorities considering whether it would be in an eligible child’s best interests for them to receive education by regular school attendance as part of the preliminary notice for school attendance orders. It is important for me to explain the reasoning behind the best interests test in this context. Currently, local authorities have no recourse to require a child on a child protection plan or inquiry to attend school unless they can identify that the child is receiving unsuitable education. The best interests test requires local authorities to take action when they identify children subject to child protection inquiries or plans whose interests would be best served by regularly attending school, regardless of whether the education provided at home is considered suitable. Statutory guidance, Working Together to Safeguard Children, provides clarity on what making best interests decisions means and will be further updated as part of the implementation of these measures.
Amendments 339 and 340, tabled by the noble Lord, Lord Lucas, seek to remove or limit the ability of the local authority to issue a preliminary notice when a child is subject to an active Section 47 child protection inquiry. Local authorities will be able to issue a preliminary notice under the relevant subsection only if it appears to them that the child subject to the Section 47 inquiry is not regularly attending school and that it would be in that child’s best interests to do so. A preliminary notice will not automatically result in a school attendance order.
It is also important to remember that such inquiries take place because Section 47 of the Children Act 1989 puts a duty on local authorities to make inquiries where it considers that a child is suffering, or is likely to suffer, significant harm. These formal inquiries are not initiated lightly; their use signals serious concerns about a child’s welfare. Section 47 inquiries should not be initiated based purely on the fact that a parent is home-educating, as we are clear that home education is not in itself an inherent safeguarding risk. It is vital that local authorities have the means to gather information on the circumstances of at-risk children and determine whether their interests would be better served by regularly attending school.
Amendments 342 and 346, tabled by the noble Baroness, Lady Jones of Moulsecoomb, and Amendments 336, 337, 343, 344, 345 and 347, tabled by the noble Lord, Lord Lucas, seek to remove the ability of local authorities to issue a preliminary notice when a parent has not provided information, or has provided incorrect information, for a children not in school register. This power is discretionary, and local authorities should not normally issue a preliminary notice in response to a genuine error by a parent but instead continue informal inquiries. However, without a consequence on parents for not providing the required information, the duty on them to provide information would be, in effect, redundant. This duty on parents is necessary to ensure that local authorities have the required information to ensure that education is suitable and safe. Local authorities must act promptly once it appears that action should be taken so there is no delay in providing appropriate support to children who need it. The timeframes in the school attendance order process strike the right balance between urgency and operational practicality. Removing them could lead to inconsistent and slower responses across different authorities, resulting in children potentially spending more time in unsuitable education.
I recognise that the noble Lord, Lord Crisp, does not seek to press his Amendment 365. It would perhaps be best for me to deal with the set of amendments in the name of the noble Lord, Lord Wei—which concern penalties for parents in a range of circumstances—by writing to noble Lords with some assurances about each of the amendments, rather than going through them all in this debate.
Finally, I address the stand part notice from the noble Baroness, Lady Jones, which seeks to remove Clause 35 from the Bill. Clause 35 introduces Schedule 2, which makes consequential amendments to existing legislation so that the new school attendance order process for local authorities in England and Wales is reflected in the Children Act 1989, the Education Act 1996 and other relevant legislation. The clause is necessary to ensure proper functioning of the process, and I urge that it stands part of the Bill.
For the reasons I have outlined, I hope that noble Lords will feel able not to press their amendments, and I urge that Clauses 32 and 35 stand part of the Bill.
Lord Lucas (Con)
I am grateful, as ever, for the Minister’s responses, but I would be additionally grateful if she could write to me, between now and Report, to give me a much clearer idea of what the parental experience will be. For example, when faced with a best interests determination by a local authority that the parents consider to be seriously damaging to their child, how do they appeal it? What is the process for taking that through? Assuming that the local authority has it wrong, what is the full process that results in the parents being able to help the local authority understand the reality of their child’s circumstances and where their best interests really lie. With all the help that has been given, I still fail to get a grip on what that process will be and will feel like, and I would love to share that with home educators.
Baroness Smith of Malvern (Lab)
Is the noble Lord clear that the best interests requirement relates to cases where children are subject to child protection inquiries or plans?
Lord Lucas (Con)
Yes. It is only in about half of Section 47 where one would judge that that is a real problem. I understand and accept what the Government are saying about the need not to find that we are not covering children whom we need to cover, and that means that there are children going through the system for whom the dangers are not absolute, but if, for example, the child has deep school anxiety, or has really been bullied in the school, or the school has taken against them for some other reason and they have a horrid experience, and the local authority says, “Go back in”, what is the experience of the parent in appealing that? I do not have the grip on the details of the system that I would like.
Lord Lucas
Member’s explanatory statement
This amendment seeks to facilitate debate of school attendance orders
Lord Lucas (Con)
My Lords, this is another group that would be best served by my listening to what the Minister has to say: there are a lot of detailed bits and pieces in here. I would like to give the Minister comfort that, where I have put down an amendment such as Amendment 348 and the Member’s explanatory statement says
“to facilitate debate of school attendance orders”,
that is what I mean—I do not mean to wipe them out of the Bill. Sometimes her replies sound as if the civil servants regard me as Attila the Hun bearing down on them. No, it is just because of earlier comments made from the Bench opposite that they would like to have an amendment to debate and to stick to that amendment, so I have tabled amendments to enable us to debate, with no other malevolent intention towards the Bill. I beg to move.
Lord Hacking (Lab)
My Lords, since I joined the noble Lord, Lord Lucas, in Amendment 348, I feel I should stand in repentance again, because this is a bad case of overreach and I regret it.
Baroness Smith of Malvern (Lab)
Right. I will turn then to Amendments 368, tabled by my noble friend Lady Whitaker, and Amendment 369, tabled by the noble Lord, Lord Wei. These amendments seek to amend the maximum fine for a breach of a school attendance order. I understand that the prospect of fines is worrying for parents. However, a parent runs the risk of a fine only if they breach the order. The consequence of breaching a school attendance order must be brought in line with the offence of unauthorised school absences. This removes the perverse incentive for a parent to remove their child from school under the guise of home education to avoid higher school attendance fines.
Amendment 371, tabled by the noble Lord, Lord Lucas, would require the court to consider the best interests of the child when sentencing a parent for breaching a school attendance order. Courts in England and Wales must already consider the impact on the child when determining sentences, as per Article 8 of the European Convention on Human Rights.
There is a series of amendments tabled by the noble Lord, Lord Wei, that have not been addressed in the debate. As I did previously, I will write to noble Lords responding to those amendments. I hope that, given the assurances that I have provided, the noble Lord will withdraw his amendment, and other noble Lords will not move theirs.
Lord Lucas (Con)
My Lords, that was a thoroughly satisfactory set of answers. I beg leave to withdraw the amendment.
Lord Lucas (Con)
My Lords, again, this is a group of amendments on which I would largely prefer to wait for the Minister’s reply. However, I have a particular interest in where the Government find themselves when it comes to visiting children at home, how that should be done and the circumstances in which it need not be done. A lot of what we have been discussing is about producing a system, a set of relationships between home educators and the local authority, meaning that most children get seen anyway in the course of activities in which the local authority is involved—by professionals who are qualified to make judgments on how the child is flourishing and to flag if there seems to be a problem. I am confident that, in a well-run local authority, the need to visit at home should be much reduced. None the less, there will be circumstances where this seems to be necessary, and it always produces conflict.
I am interested in the Government’s thoughts on how they will approach this. How will a well-run local authority deal with circumstances when it feels that it needs to see the child? How will a parent who feels that their child will react extremely badly to this intrusion have their voice heard? I am also interested in the potential role of third parties, such as the family doctor —for those who still have one—to mediate in that process.
For the rest of the amendments in this group that I am responsible for, I look forward to the Minister’s reply. I beg to move.
Lord Storey (LD)
My Lords, I will weigh in just on Amendment 417. Home-educating families having a flexible school term calendar will mean they benefit financially for holidays because, as we know, during school holidays, holidays shoot up in price. Would it not be nice if all schools had the luxury of cheap holidays for their children? Maybe the Government could look at the eminently sensible suggestion from the noble Lord, Lord Wei, on holidays, and see whether in some way holiday companies could be equitable with all school families and not hike up their prices during the holiday period.
Baroness Smith of Malvern (Lab)
My Lords, the voice of the child is key in creating a supportive, responsive and effective safeguarding and educational environment. I believe that the best way for a local authority to ensure that a child’s education is both suitable and safe is to meet with the child in the child’s home. We want to ensure that local authorities are able to capture and appropriately consider the views of children, so advice on how to conduct these visits sensitively, as the noble Baroness, Lady Barran, rightly suggested is required, will be a key focus of our statutory guidance.
In terms of the ask on parents, we have aimed for this to be proportionate and at the right intervals. The purpose is to minimise the duration any child is in receipt of unsuitable education. The compulsory information is what is required for a local authority to undertake existing responsibilities related to education suitability and safeguarding. It is not intended to be disruptive to the parents, who will still be able to focus on providing a suitable education for their child.
The amendments in this group seek to make changes to the ability of a local authority to request to visit the home and to limit the potential impact on home-educating families. They also seek to make provision concerning how home educators may engage with and would like to be treated by national and local government.
I am going to suggest that the amendments brought by the noble Lord, Lord Wei, beginning with Amendment 406, might be suitable for me to write to noble Lords about. Several of them fall within the category defined by the noble Baroness, Lady Barran, as being at the “speculative end” of the spectrum. I hope I would be able to either reassure noble Lords or identify why they would not be suitable to be carried forward.
The noble Lord, Lord Storey, makes a broader point with respect to Amendment 417 about holidays, and I am sure this is something that we cannot solve here this evening, but I recognise the concerns that parents have.
I will deal with the amendments put forward by the noble Lord, Lord Lucas. Amendment 353 seeks to remove the local authority’s power to request to visit a child at home to determine whether a school attendance order should be served. I hope I have already identified the approach that we will expect local authorities to take with respect to visits. This ability to request to visit the child at home allows the local authority to see the environment in which home education is being provided and to meet the child. Without this, local authorities may not be able to form a comprehensive view of whether the home environment is conducive to the child’s education. Parents will be able to refuse such a request, but, if they do, the local authority must consider this refusal to be a relevant factor when determining whether to issue a school attendance order.
Amendments 354 and 355 would require a local authority to obtain a court order to request to visit a child at home and to consider a child’s reaction to persons in authority when determining whether to serve a school attendance order. A court order would be unnecessary as the local authority would only be making a request, which parents have a right to refuse. On the point about sensitivity, though, I can assure noble Lords that our statutory guidance will provide further steers to help local authorities sensitively conduct visits, and we will consider whether additional support is needed, such as training for local authority staff.
I hope that I have assured noble Lords that the ability to request a visit is an important opportunity for the local authority, but that these visits will be carried out sensitively, and, if necessary, we will provide further statutory guidance on how that should happen. I will respond to the amendments from the noble Lord, Lord Wei, in writing to noble Lords.
Lord Lucas (Con)
I am grateful for the Minister’s response to my amendments. I would be grateful for a brief response to the amendments put down by my noble friend Lord Wei—just a confirmation, I suspect, when it comes to Amendment 387, of the recognition that there is a lot to say about the methodology of home education and the curriculum, and similarly, on Amendment 393, confirmation that the timing of educational progress, which should in principle be respected, can form part of a suitable education.
I have met a very capable young Oxford undergraduate who did not begin to write until they were 13. Having learned entirely through other methods and found writing extremely difficult, he was able to move on to a keyboard aged 13 and get himself eventually to Oxford. The generality, which is picked up in my noble friend’s amendment, of not beginning formal education until seven is very common on the continent. There are structures which do not impose reading, writing and arithmetic before that age and which succeed on a national level.
The understanding that the Government recognise that there are other routes to educational success, and that this is something that local authorities do not understand, is of general interest, rather more so than some of my noble friend’s more focused amendments.
Baroness Smith of Malvern (Lab)
On those points, I hope I can reassure the noble Lord that the law is already clear. We have discussed during the course of the debate that parents have the right to educate their children using the methods, approaches and content they think best, provided that the education being received is suitable and safe. The point, though, is that local authorities must be able to assess that education to establish whether or not it is. The Bill does not give local authorities any additional powers to regulate the content of home education.
On the point about the nature of education, we believe that a child must be provided with a suitable education from the age of five. Of course, the point about home education is that it would be up to parents, assuming that that education is suitable, to determine what sort of education was being provided to a child of five.
Baroness Smith of Malvern (Lab)
I have just confirmed that, and we have talked about it at various different times with respect to home education. I completely accept that one of the reasons why parents want to home-educate is to provide different and more flexible approaches to the way in which children learn. The most appropriate methods for learning and teaching will have to be at the heart of not just the Government’s reforms to special educational needs and disabilities but the very hard work that teachers and schools do for those children.
Lord Storey (LD)
I think I have already spoken on Amendments 359A and 366A, albeit in the wrong grouping, so I will leave it there, except to ask the Minister if the letters he writes to the noble Lord, Lord Wei, will be available in the Library for all of us to see.
Lord Lucas (Con)
In the spirit of previous groups, I would very much like to listen to the Minister’s replies.
Lord Lucas
“Protection of home education rights during emergency or authoritarian rule(1) In the event of a national emergency or authoritarian governance, the courts shall have the final authority to safeguard the right to home educate in accordance with this Act.(2) Authoritarian governance shall be defined as any period during which emergency regulations or executive actions suspend, limit, or derogate from rights protected under the Human Rights Act 1998 or the European Convention on Human Rights.”Member's explanatory statement
This amendment seeks to protect the legal right to home educate in exceptional national circumstances by placing judicial oversight above executive restrictions.
Baroness Barran (Con)
I apologise that my final remarks will be slightly negative in tone, but I cannot support this amendment. It is not appropriate to have such a measure in primary legislation. I do not agree with my noble friend’s definition of authoritarian rule, nor with his prioritisation, if we were in a time of genuine national emergency.