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Children, Schools and Families Bill


38

Children, Schools and Families Bill
Schedule 1 — Home education: England

 

Schedules

Schedule 1

Section 26

 

Home education: England

Registration and monitoring

1          

In Chapter 3 of Part 1 of EA 1996 (local authorities), after section 19 there is

5

inserted—

Home education: registration and monitoring

19A     

Maintenance of home education register

(1)   

A local authority in England shall maintain a register for the purpose

of monitoring the provision of education to children of compulsory

10

school age in their area who are not educated at a school or under

section 19.

(2)   

Regulations may make provision about maintenance of the register.

(3)   

The regulations may, in particular, make provision about

amendment of the register.

15

(4)   

In this Act—

“home-educated child” means a child all of whose education is

provided otherwise than at a school, and not under section

19;

“home education register” means a register maintained under

20

this section.

19B     

Entry of child’s details on home education register

(1)   

This section applies where—

(a)   

a parent of a child in the area of a local authority in England

has applied to the authority, in the prescribed manner, for the

25

child’s details to be entered on their home education register,

(b)   

the child is of compulsory school age, and

(c)   

it appears to the authority that the child is, or is intended to

be while still of compulsory school age, a home-educated

child.

30

(2)   

Unless the authority consider—

(a)   

that the child is within subsection (6) or (7), or

(b)   

that subsection (8) applies to the child’s application,

   

they shall enter the prescribed details relating to the child on their

home education register.

35

 

 

Children, Schools and Families Bill
Schedule 1 — Home education: England

39

 

(3)   

If the authority consider—

(a)   

that the child is within subsection (6), or

(b)   

that subsection (8) applies to the child’s application,

   

they may enter the prescribed details relating to the child on their

home education register.

5

   

But this subsection is subject to subsection (4), and to any provision

made by virtue of section 19C(2)(a)).

(4)   

If the authority consider the child is within subsection (7), they shall

not enter the child’s details on their home education register.

(5)   

The authority shall give the parent notice—

10

(a)   

if they enter the child’s details on their home education

register, of the registration;

(b)   

if they decide not to enter the child’s details on the register

under subsection (3), of this decision and the reasons for it;

(c)   

if they consider the child is within subsection (7), of the

15

reasons for this, and of the consequent refusal to enter the

child’s details on their home education register.

(6)   

A child is within this section if—

(a)   

a parent of the child has previously applied in the prescribed

manner for the child’s details to be entered on a home

20

education register (whether maintained by the authority or

another authority), and the application (or the most recent

such application) did not succeed,

(b)   

the child’s details have previously been registered on a home

education register (whether maintained by the authority or

25

another authority), and the registration (or the most recent

such registration) has been revoked under section 19F, or

(c)   

a school attendance order served under section 437 is in force

in respect of the child.

(7)   

A child is within this subsection if the authority consider that it

30

would be harmful to the child’s welfare for the child—

(a)   

to become a home-educated child, or

(b)   

in the case of a child who is already a home-educated child,

to continue to be a home-educated child.

(8)   

This subsection applies to an application for registration of a child’s

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details on the authority’s home education register if the authority

consider that information that has been provided in connection with

the application is incorrect or inadequate in a material respect

(whether or not it was so when it was provided).

(9)   

An application is made in the prescribed manner, for the purposes of

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this section and section 19C, if it is made in a manner determined by

or in accordance with regulations under subsection (1).

(10)   

For the purposes of this section and sections 19C and 19D, references

to entering details on an authority’s home education register, in

relation to details that are already on the register, include references

45

to keeping those details on the register.

 
 

Children, Schools and Families Bill
Schedule 1 — Home education: England

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19C     

Entry of child’s details on home education register: supplementary

provision

(1)   

Regulations may make provision about steps to be taken by an

authority in connection with an application for a child’s details to be

entered on their home education register.

5

(2)   

The regulations may, in particular, make provision about matters

that are or are not to be taken into account by an authority in

deciding—

(a)   

whether to register a child’s details under section 19B(3);

(b)   

whether a child is within section 19B(7);

10

(c)   

whether section 19B(8) applies to a child’s application.

(3)   

Regulations under section 19B(1)(a) may, in particular, make

provision within subsection (4) or (5).

(4)   

Provision within this subsection is provision—

(a)   

about how an application for registration of a child’s details

15

is to be made;

(b)   

requiring an application for registration of a child’s details to

include a statement giving prescribed information about the

child’s prospective education;

(c)   

requiring an application to include other prescribed

20

information;

(d)   

about the form in which a statement mentioned in paragraph

(b), or any other information required to be included in an

application, is to be provided;

(e)   

for an application for registration to include an undertaking

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to provide a statement mentioned in paragraph (b), or other

prescribed information, to the authority within a period

determined by or in accordance with the regulations.

(5)   

Provision within this subsection is provision permitting an authority

to specify a period, prescribed by or determined in accordance with

30

the regulations, within which an application to enter on their home

education register the details of a child to whom subsection (6)

applies may not be made unless the authority are satisfied that there

has been a change of circumstances that justifies an application being

made within that period.

35

(6)   

This subsection applies to a child if—

(a)   

a parent of the child has previously made an application in

the prescribed manner for the child’s details to be entered on

a home education register maintained by a local authority,

and the application (or the most recent such application) did

40

not succeed, or

(b)   

the child’s details have previously been registered on a home

education register maintained by a local authority, and the

registration (or the most recent such registration) has been

revoked under section 19F.

45

 
 

Children, Schools and Families Bill
Schedule 1 — Home education: England

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19D     

Duration of registration

(1)   

Subsection (2) applies if a parent of a child has made an application

to a local authority in England, in the prescribed manner, for the

child’s details to be entered on their home education register.

(2)   

The child is to be treated for the purposes of this Act as being

5

registered on the register throughout the registration period; and

references in this Act to a child being registered on an authority’s

home education register are to be interpreted accordingly.

(3)   

The registration period begins with the date on which the application

for entry of the child’s details on the register is received by the

10

authority.

(4)   

Subject to subsection (5), the registration period ends—

(a)   

where the authority give notice to the child’s parent under

section 19B(5)(a), with the expiry of the period of 12 months

starting with the date of the notice;

15

(b)   

where the authority give notice to the child’s parent under

section 19B(5)(b) or (c), with the date of the notice.

(5)   

If before the end of the period mentioned in subsection (4)(a)—

(a)   

the authority give notice to the child’s parent under section

19F(3), or

20

(b)   

the child ceases to be of compulsory school age,

   

the registration period ends with the date of the notice or (as the case

may be) with the date on which the child ceases to be of compulsory

school age.

19E     

Monitoring provision of home education to registered children

25

(1)   

A local authority in England shall make arrangements with a view to

ascertaining, so far as is reasonably practicable—

(a)   

whether the education provided to a child whose details are

entered on their home education register is suitable;

(b)   

whether it accords with information provided to them for the

30

purposes of the application for registration;

(c)   

what the child’s wishes and feelings about it are;

(d)   

whether it would be harmful for the child’s welfare for the

child to continue to be a home-educated child.

(2)   

For the purposes of this section a child’s education is suitable if it is

35

efficient full-time education suitable to—

(a)   

the child’s age, ability and aptitude, and

(b)   

any special educational needs the child may have.

(3)   

Arrangements made by an authority under this section shall include

arrangements made with a view to their—

40

(a)   

holding at least one meeting with the child during the

registration period;

(b)   

holding at least one meeting with a parent of the child during

the registration period;

(c)   

if they consider that a person other than a parent of the child

45

is primarily responsible for providing education to the child,

 
 

Children, Schools and Families Bill
Schedule 1 — Home education: England

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holding at least one meeting with that person during the

registration period;

(d)   

visiting, at least once in the registration period, the place (or

at least one of the places) where education is provided to the

child.

5

   

But in a case where the registration period begins less than six

months before the date on which the child ceases to be of compulsory

school age, this subsection shall be read as conferring a power rather

than imposing a duty.

(4)   

Arrangements made under subsection (3) may, unless the child or a

10

parent of the child objects, provide for a meeting with the child at

which no parent of the child or other person providing education to

the child is present.

(5)   

In making arrangements under this section—

(a)   

to meet with the child or any other person, or

15

(b)   

to visit a place where education is provided to the child,

   

the authority shall give at least two weeks written notice of the

meeting or visit.

(6)   

In this section “registration period” has the same meaning as in

section 19D.

20

19F     

Revocation of registration

(1)   

A local authority in England may revoke the registration of a child’s

details on their home education register if it appears to them that—

(a)   

the child’s parent has failed to fulfil an undertaking given by

virtue of section 19C(4)(e),

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(b)   

information that has been provided in connection with the

application for the child’s details to be entered on the register

is incorrect or inadequate in a material respect (whether or

not it was so when it was provided),

(c)   

the child is not a home-educated child,

30

(d)   

it would be harmful to the child’s welfare for the child to

continue to be a home-educated child,

(e)   

by reason of a failure to co-operate with the authority in

arrangements made by them under section 19E, or an

objection to a meeting as mentioned in section 19E(4), the

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authority have not had an adequate opportunity to ascertain

the matters referred to in section 19E(1),

(f)   

the child is not receiving suitable education, or

(g)   

the child is no longer in their area.

(2)   

For the purposes of subsection (1)(f) a child’s education is suitable if

40

it is efficient full-time education suitable to—

(a)   

the child’s age, ability and aptitude, and

(b)   

any special educational needs the child may have.

(3)   

If an authority revoke registration of a child’s details on their home

education register under this section, they must give the child’s

45

parent notice of the revocation and of the reasons for it.

 
 

Children, Schools and Families Bill
Schedule 1 — Home education: England

43

 

(4)   

In determining whether the condition in subsection (1)(d) or (f) is

satisfied, an authority shall, so far as is reasonably practicable and

consistent with the child’s welfare, give due consideration (having

regard to the child’s age and understanding) to any wishes and

feelings of the child ascertained by them.

5

(5)   

Regulations may make provision about steps to be taken by an

authority in connection with revocation, or proposed revocation, of

registration of a child’s details on their home education register.

(6)   

The regulations may, in particular, make provision about matters

that are or are not to be taken into account by an authority—

10

(a)   

in determining whether any of the conditions in subsection

(1)(b) to (f) is met;

(b)   

in determining whether to revoke registration of a child’s

details under this section.

19G     

Appeal against authority’s decision

15

(1)   

Regulations made under this section shall—

(a)   

confer a right of appeal on a parent to whom a local authority

in England have given notice under section 19B(5)(b) or (c) or

19F(3), and

(b)   

make provision in respect of appeals brought in exercise of

20

that right.

(2)   

The regulations may, in particular make provision—

(a)   

about the period within which a right of appeal may be

exercised;

(b)   

for the extension of the registration period provided for in

25

section 19D in a case where a right of appeal has been

exercised;

(c)   

about the person or body to whom an appeal lies and the

powers of that person or body;

(d)   

for the payment of an allowance or the making of other payments to

30

that person or to members of that body;

(e)   

about the matters to which regard is to be had in considering

an appeal;

(f)   

as to the procedure on appeals.

19H     

Supply of information for purposes of home education functions

35

(1)   

Regulations may make provision for a person within subsection (2)

to be required to supply to a local authority in England, for the

purposes of the exercise of their home education functions,

prescribed information about a child of compulsory school age—

(a)   

whose name has been deleted from the register maintained

40

by the proprietor of a school in England under section 434

because the child is, or is to be, a home-educated child,

(b)   

in respect of whom an application has been made for

registration on the authority’s home education register,

(c)   

registration of whose details on the home education register

45

of another local authority has been refused or revoked, or

 
 

Children, Schools and Families Bill
Schedule 1 — Home education: England

44

 

(d)   

in respect of whom a notice, or a school attendance order, has

been served by a local authority in England under section

437.

(2)   

The persons within this subsection are—

(a)   

a local authority in England, and

5

(b)   

in relation to a child within paragraph (a) of subsection (1),

the proprietor referred to in that paragraph.

(3)   

An authority’s “home education functions”, in subsection (1), means

their functions under or by virtue of sections 19A to 19G.

19I     

Home education register: statutory guidance

10

In exercising their functions under or by virtue of sections 19A to

19H, a local authority in England shall have regard to any guidance

given from time to time by the Secretary of State.”

2          

In section 580 of EA 1996 (index), at the appropriate place there is inserted—

 

“home-educated child

section 19A(4)

 

15

 

home education register

section 19A(4)”.

 

Duty to make arrangements to identify unregistered children, etc

3          

In Chapter 2 of Part 6 of EA 1996 (school attendance), before section 436A

there is inserted—

“436ZA  

  Duty to make arrangements to identify children not receiving

20

     education, etc: England

(1)   

A local authority in England must make arrangements to enable

them to establish (so far as it is possible to do so) the identities of

children in their area who are—

(a)   

of compulsory school age, and

25

(b)   

within subsection (2) or (3).

(2)   

A child within this subsection is one who is not a home-educated

child, but—

(a)   

is not a registered pupil at a school, and

(b)   

is not receiving suitable education otherwise than at a school.

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(3)   

A child within this subsection is one who—

(a)   

is a home-educated child, but

(b)   

is not registered on the authority’s home education register.

(4)   

In exercising their functions under this section, a local authority must

have regard to any guidance given from time to time by the Secretary

35

of State.

(5)   

In this Chapter, “suitable education”, in relation to a child, means

efficient full-time education suitable to—

(a)   

the child’s age, ability and aptitude, and

(b)   

any special educational needs the child may have.”

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