Children, Schools and Families Bill

House of Commons

Session 2009 - 10
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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.
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(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.
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Children, Schools and Families Bill
Schedule 1 — Home education: England
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(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.

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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
25
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.
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(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.
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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
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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,

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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),
25
(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
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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.

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Schedule 1 — Home education: England
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(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
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(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.
30
(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.”
40