Home Education (Duty of Local Authorities) Bill (HL Bill 11)

1 Duty of local authorities to monitor children receiving elective home
education

(1) The Education Act 1996 is amended as follows.

(2) After section 436A (duty to make arrangements to identify children not
5receiving education), insert—

“436B Duty of local authorities to monitor children receiving elective home
education

(1) Local authorities have a duty to monitor the educational, physical and
emotional development of children receiving elective home education
10in their area.

(2) A parent of a child receiving elective home education must register the
child as such with their local authority.

(3) Local authorities must assess annually each child receiving elective
home education in their area (hereafter referred to as “the assessment”).

(4) 15The assessment set out in subsection (3) must monitor the—

(a) educational;

(b) physical; and

(c) emotional

development of each child.

(5) 20The assessment may include—

(a) a visit to the child’s home;

(b) an interview with the child;

(c) seeing the child’s work; and

(d) an interview with the child’s parent.

(6) A parent of a child receiving elective home education must provide
information relevant to the assessment to their local authority when
5requested.

(7) The Secretary of State must by regulations made by statutory
instrument specify—

(a) the arrangements for parents to register a child with their local
authority under subsection (2); and

(b) 10the methodology of the assessment.

(8) A statutory instrument containing regulations under this section is
subject to annulment in pursuance of a resolution of either House of
Parliament.

(9) In this section “elective home education” refers to education given to a
15child at home following a decision by their parent to educate them
outside the school system.”

2 Guidance relating to elective home education

(1) The Secretary of State must update the guidance for elective home education
for local authorities and parents to account for section 436B of the Education
20Act 1996 by the end of the period of one year, beginning with the day on which
this Act comes into force.

(2) In updating the guidance in subsection (1), the Secretary of State must have
regard to—

(a) the expectation that elective home education must include provision of
25supervised instruction in reading, writing and numeracy, which takes
into account the child’s age, ability, aptitude and any special
educational needs and disabilities, and

(b) the views of children and parents who elect home education.

(3) The Secretary of State may carry out a public consultation to inform the
30guidance set out in subsection (1).

3 Interpretation

In this Act—

• “elective home education” refers to education given to a child at home
  following a decision by their parent to educate them outside the school
  35system; and

• “local authority” means—

  (a)

  in relation to England, the council of a district, county or
  London borough, the Common Council of the City of London
  and the Council of the Isles of Scilly;

  (b)

  40in relation to Wales, the council of a county or county borough.

4 Extent, commencement and short title

(1) This Act extends to England and Wales only.

(2) This Act comes into force at the end of the period of two months, beginning
with the day on which this Act is passed.

(3) This Act may be cited as the Home Education (Duty of Local Authorities) Act
2017.