HomeSchooler.org.uk

Regulations and Statutory Guidance

Schedule 1 to the Children, Schools and Families Bill provides regulation making powers relating to the registration and monitoring of home education, including the appeals mechanism. New sections 19A to 19H set out these powers which cover:

Section 19A – maintenance by local authority of home education register;
Section 19B – manner in which application is to be made and entry of a child’s details on the register;
Section 19C – supplementary provisions relating to an application including information to be included in the application; statement about the prospective education; provision for an undertaking to be provided by a parent; and the entry by the local authority of the child’s details on the register including steps to be taken by a local authority; power for local authority to provide for a period within which a repeat application may not be made; and what details should be entered on the register;
Section 19D – registration period - no regulation making power;
Section 19E – monitoring the provision of home education - no regulation making power;
Section 19F – revocation of registration including steps to be taken by an authority in relation to revocation or proposed revocation, what should and should not be taken into account;
Section 19G – appeals against refusal to register or revocation;
Section 19H – supply of information to a local education authority in England exercising its home education functions.

Section 19I provides a power to make statutory guidance in relation to the registration and monitoring arrangements.

What follows is a policy statement which draws out our initial proposals for regulations and guidance once the Bill becomes law. It is intended to support debate and consultation as the Bill passes through the Parliamentary process. Any regulations and guidance will be subject to full public consultation.

General

Current Position

Exactly a year ago the Department for Children Schools and Families launched the Badman Review of Home Education. Last October we wrote that home educators had been subject to nine months of policy based evidence making. The tide began to turn with the publication of the Select Committee Report, which reprimanded the Department for relying on unsound evidence and for rushing to legislate on home education without publishing feedback from the recent public consultation.
Two months after the Secretary of State reassured parliament that right of access to the home and private interviews with children would be both voluntary and optional, the Department finally published feedback from the consultation which set out the real position.

"We have decided that local authorities should visit the place where education is taking place, which will usually be the family home, as part of their monitoring work. If families choose not to cooperate, and as a result are not on the register, local authorities will be able to use a school attendance order to require the home educated child or children to attend school."
MPs and Lords are being asked at every stage to accept without evidence that there is no alternative and also to accept that most questions about the future will remain unanswered since the Department has either not yet had time to make any decisions or chooses not to share any information before the Bill becomes law. A simple indication of how much the legal skeleton will be fleshed out later may be seen in the extensive regulation-making powers in six new sections of the 1996 Education Act, namely 19A, 19B, 19C, 19F, I9G and 19H.

NOTICES OF AMENDMENTS

given on

Monday 11 January 2010

PUBLIC BILL COMMITTEE

CHILDREN, SCHOOLS AND FAMILIES BILL