6 THE RIGHT TO REFUSE OR REVOKE
REGISTRATION ON SAFEGUARDING GROUNDS
99. As a corollary to registration and monitoring,
the Badman Report recommends that local authorities be given the
right to refuse or revoke registration on safeguarding grounds
(recommendation 24). This is reflected in the Children, Schools
and Families Bill, which states that a local authority may refuse
or revoke the registration of a child's details on its home education
register if it appears that "it would be harmful to the child's
welfare" for the child to become or continue to be home educated.[118]
100. In its full response to the Badman Report the
Department states that there may be some circumstances where a
child is safer at school or in alternative provision than being
home educated, offering the example of where a child is subject
to a Child Protection Plan. It indicates that the power to refuse
or revoke registration would be supplemented by guidance to local
authorities on the kinds of circumstances where the welfare of
the child might be best served if they were not home educated.[119]
101. Serious consideration of refusing or revoking
registration might apply only to a minority of instances of home
education. Nevertheless, on the basis of their existing contact
with local authorities, and perhaps due to the language and wider
framing of the Badman Report, a number of home educators wrote
to us with concerns about how local authorities would use the
power to refuse or revoke registration.
102. Fears that local authorities could abuse the
power were particularly strong among home educators of religious
faith. For example:
As Christians, we are concerned that even our
Christian beliefs and attitudes could lead to condemnation in
the eyes of some, despite the difference of opinion being a valid
one. The law should be careful to define the boundaries of local
authority personnel and not grant blanket authority in the hope
it will not be misapplied.[120]
103. In this regard a number of other home educators
specifically commented on a related recommendation within the
Badman Report—that local authority adult services and other
agencies be required to notify those officers responsible for
monitoring home education of "any properly evidenced concerns
that they have of a parent's or carer's ability to provide a suitable
education... on such grounds as: alcohol abuse; incidents of domestic
violence; and previous offences against children. And in addition:
anything else which may affect [the parent's/carer's] ability
to provide a suitable and efficient education" (recommendation
23). One group of home educators took the view that the final
clause of this recommendation was "particularly insidious
as it leaves home educating families vulnerable to the prejudices
and misconceptions about home education, and culturally different
households".[121]
104. Another group of home educators felt justified
in commenting that: "[the recommendations are] massively
open to abuse, allowing a local authority officer to…even
flat out fabricate 'reasons' to revoke the licence to home educate".[122]
However, as with the other remarks outlined here, this comment
appears to be based on the assumption that officers would not
need to support robustly their decision to refuse or revoke registration.
It is the case that the Badman Report does not discuss requirements
in this respect, though the Department's intention to provide
guidance should provide some reassurance.
105. It is also the case that the Badman Report does
not make any reference to an appeals process through which home
educating families could challenge a local authority's decision,
an omission noted by several home educators.[123]
When challenged on this matter the Parliamentary Under-Secretary
of State for Schools, Diana Johnson MP, confirmed that such a
system would be in place should the registration and monitoring
proposals come into force.[124]
The Children, Schools and Families Bill confers a right of appeal
on a parent to whom a local authority has given notice of its
intention to revoke registration to home educate on safeguarding
grounds.[125]
106. We believe that local authorities should
have the right, on safeguarding grounds, to refuse or revoke registration
to home educate. However, this should only be where a child is
already subject to child protection measures, not solely on the
basis of unsubstantiated safeguarding concerns. There is also
a strong case for requiring any decision to refuse or revoke registration
to be subject to approval from an independent person or body,
rather than have responsibility rest with local authority home
education advisors. We recognise that in some instances a child
being subject to child protection measures would not necessarily
preclude home education.
107. If local authorities are to be given the
right to refuse or revoke registration to home educate on the
basis of safeguarding concerns then we agree that home educating
families must have right of appeal. It is disappointing that neither
the Badman Report nor the Department's response to the Report
included discussion of an appeals process. While it is right that
the Children, Schools and Families Bill provides a right of appeal,
the Department should give more details of the proposed appeals
process before the House considers the Bill.
118 Sections 19B(7),19F(1)(d). Back
119
DCSF, DCSF Response to the Badman Review of Elective Home Education
in England, October 2009. Back
120
EHE 11, paragraph 5 (Mark Dennison). See also, EHE 104, paragraphs
4, 12 (John Allen) Back
121
EHE 78, paragraph 2e (Group of Muslim home educators). See also,
EHE 11, paragraph 4 (Mark Dennison); EHE 32, paragraph 2.9 (S
J Sherwood); EHE 67, paragraph 2d (Greater Manchester Home Educating
Network); EHE 77, paragraph 4.1 (David and Janet Proctor); EHE
134, paragraph 2.5 (West Surrey Home Educators Group); EHE 168,
paragraph 6.1.4.1 (Dr Ben Anderson) Back
122
EHE 134, paragraph 2.4.3 (West Surrey Home Educators Group) Back
123
EHE 4, paragraph 9 (Dorothy Murphy); EHE 24, paragraph 6.6 (Marie
Stafford); EHE 78, paragraph 2g (Group of Muslim home educators);
EHE 106, section 6 (Local home education contact in Cumbria);
EHE 168, paragraph 6.1.4.1 (Dr Ben Anderson); EHE 169, paragraph
10.4 (Sheffield Home Educators' Network) Back
124
Q 25 Back
125
Schedule 1, section 19G(1); Explanatory Notes to the Children,
Schools and Families Bill, paragraph 217. Back
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