Home Education (Duty of Local Authorities) Bill (HL Bill 98)

A

BILL

[AS AMENDED IN COMMITTEE]

TO

Make provision for local authorities to assess the educational development of
children receiving elective home education; and for connected purposes.

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—

1 Duty of local authorities to assess 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
receiving education), insert—

436B 5Duty of local authorities to assess children receiving elective home
education

(1) Local authorities have a duty to assess the educational development of
children receiving elective home education in their area.

(2) Local authorities have a duty to provide advice and information to a
10parent of a child receiving elective home education if that parent
requests such advice or information in relation to their obligations
under this section.

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

(4) 15Local authorities must assess annually each child receiving elective
home education in their area (hereafter referred to as “the assessment”).

(5) The assessment set out in subsection (4) must assess the educational
development of each child.

(6) The assessment may include—

(a) 20a visit to the child’s home;

Home Education (Duty of Local Authorities) BillPage 2

(b) an interview with the child;

(c) seeing the child’s work; and

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

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

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

(a) the arrangements for parents to register a child with their local
10authority under subsection (3); and

(b) the methodology of the assessment.

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

(10) 15In this section “elective home education” refers to education given to a
child 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
20for local authorities and parents to account for section 436B of the Education
Act 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) 25the expectation that elective home education must include provision of
supervised 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) 30The Secretary of State may carry out a public consultation to inform the
guidance set out in subsection (1).

3 Interpretation

In this Act—

  • “elective home education” refers to education given to a child at home
    35following a decision by their parent to educate them outside the school
    system; 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
    40and the Council of the Isles of Scilly;

    (b)

    in 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.

Home Education (Duty of Local Authorities) BillPage 3

(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
2018.