Question to the Department for Education:

To ask the Secretary of State for Education, what steps her Department is taking to identify children who are educated outside school.

The department is committed to giving every child the best start in life, regardless of where and how they are educated. We cannot ignore the rising numbers of home-educated children and official data which shows that growing numbers of children have been moved into home education due to mental health concerns or lack of provision for special educational needs in their local schools.

Local authorities have legal duties to be satisfied that all children are receiving a suitable education. However, this duty is undermined by the fact that parents have no obligation to inform their local authority of their decision to home educate. This means that local authorities are unable to fulfil their duties. There is a risk that children are going under the radar and missing out on the education they deserve that will enable them to access the best opportunities in life.

For this reason, the government will use the Children’s Wellbeing Bill to require English local authorities to maintain registers of children not in school. Parents and certain out-of-school education providers will be required to provide information for those registers. This will help local authorities piece together a fuller and more accurate picture of those children who are receiving education otherwise than at school and target resources to locating and supporting those who are missing out on education. Local authorities will also have a duty to provide support to those home-educators who request it, which will act as an incentive for families to register.

The registers will contain information on those children who are registered on a school roll and are receiving education otherwise than at school. It will not include children who are on a school roll but failing to attend. The department is taking separate action on that important issue of persistent absence.

In terms of this new system of registration, parents can be assured that the registers will not be used to criminalise any parent who does not send their child to school. Parents who do not provide information for the registers will result in their local authority being unable to be satisfied that a child is not receiving a suitable education and so the local authority will need to proceed to a formal request for evidence about that education. If that evidence is not forthcoming, or is insufficient, this will usually lead to the local authority needing to issue a School Attendance Order. This is the same mechanism that exists in the current law; no change will be made.

The government takes the matter of data protection very seriously, including any threats to privacy and personal data. Local authorities will be legally restricted as to whom they may share register information with and for what purposes. The usual provisions of the UK-GDPR will apply to all data processing activities.

The department continues to work with local authorities on existing non-statutory registers and to collect data from those registers.