Memorandum submitted by the National Children's
Bureau
1.0 SUMMARY
— NCB believes that the terms of reference
for the independent review into elective home education were appropriate
and the methodology sound. However, bearing in mind the complexity
of the issues, we would have welcomed a longer time period for
the review.
— The subsequent report of the independent
review was in our view thorough, and set out a clear rationale
for the recommendations made.
— NCB supports the recommendations of the
review, including the call for recommendations 1 (compulsory
national registration scheme), 7 (regulatory framework for
monitoring home education), 23 (information sharing) and
24 (refusal of registration on safeguarding grounds) to be
introduced as soon as possible.
— Should the recommendations be implemented,
we would hope that local authorities take a measured and partnership
approach which minimises the need to use enforcement powers against
parents and where the best interests of the child are paramount.
— NCB is supportive of the parental right
to home educate. However, we believe that this should be balanced
with a child's right to an effective education in a safe environment
and for the child's views to be taken into account.
— We believe that the current legislative
and regulatory framework is not sufficient to ensure that all
parents educating their children at home provide an effective
and suitable education within a safe environment. Any new framework
should, however, allow for a flexible approach, balancing professional
judgement with regulatory measures, reflecting the fact that home
educating parents are not a homogenous group.
— Any new framework should ensure a greater
and more consistent level of support to home educating parents
and their children. Local authorities should make greater use
of Education Supervision Orders (ESOs), which are predicated on
the holistic needs of the child and the notion of partnership
between local authority and parent.
— We are concerned by the fact that there
is currently a lack of accurate data on the numbers of children
who are home educated and their outcomes.
2.0 ABOUT NCB
2.1 NCB has a vision of a society in which
all children and young people are valued and their rights respected.
We are dedicated to advancing their health and well-being across
every aspect of their lives. As a membership and infrastructure
support agency, participation and partnership are at the heart
of everything we do. NCB not only hosts the many networks, fora,
councils and partnership programmes that operate under our charitable
status, but also provides essential information on policy, research
and best practice across the sector as a whole. Undertaking around
60 projects a year enables us to truly claim that we cover
every aspect of children's lives.
2.2 NCB has a history of policy, research
and practice development work aimed at promoting the learning
and welfare of all children and young people.
3.0 NCB INVOLVEMENT
IN THE
INDEPENDENT REVIEW
3.1 Following an initial stakeholder discussion
on 19 February 2009, NCB was invited to join the Expert Reference
Group convened to inform the review.
3.2 NCB's Chief Executive and/or the Principal
Officer, Vulnerable Children and Families, Schools and Communities
were in attendance at meetings of the review's Expert Reference
Group on 26 March, 27 April and 19 May. We were
also given the opportunity to comment on drafts of the final report.
3.3 NCB did not make a written submission
to the consultation carried out as part of the review.
3.4 NCB's position on elective home education,
reflected in all our contributions to the review, is as follows:
— NCB is supportive of the parental right
to home educate. However, we believe that this should be balanced
with a child's right to an effective education in a safe environment
and for their views to be taken into account.
— NCB recognises that the motivations for
elective home education are many and varied and that home educating
families are not a homogenous group. There should be a flexible
approach which allows a balance of professional judgement with
regulatory measures.
— It is of concern that we currently do
not have accurate data on the numbers of children who are home
educated, nor do we have data on their outcomes.
— The current legislative and regulatory
framework is not sufficient to ensure that all parents educating
their children at home provide an effective and suitable education
within a safe environment. In saying this, NCB does not support
the view that home educating parents necessarily represent
an increased safeguarding risk or barrier to their child's educational
development.
— In addition to amendments to the legislative
and regulatory framework, local authorities should examine, clarify
and where necessary improve their practice.
— NCB recognises the very considerable
sacrifices that some home educating families make. We believe
that local authorities should provide a greater and more consistent
level of support to these parents, particularly for those educating
children with special educational needs. There should be further
exploration of how this might be provided, possibly through extended
schools services.
— Current legislation is adversarial and
is not sufficiently focused on the needs of the child or the support
needs of home educating parent. Where parents are unable or unwilling
to cooperate, the current process for enforcement is through the
use of a School Attendance Order (SAO).[29]
This order is wholly focused on whether the parent has failed
in their duty to ensure the child receives an efficient and suitable
education,[30]
rather than on ensuring that the needs of the individual child
are met. Upon failure to comply with an SAO, parents may be subject
to criminal proceedings.[31]
In our view, the local authority could and should make greater
use of Education Supervision Orders (ESOs)[32]
in such cases. The ESO is predicated on the holistic needs of
the child and the notion of partnership between local authority
and parent. The ESO is particularly useful where there are a range
of concerns about a child's welfare. We would envisage, however,
that the use of enforcement measures would be a rare occurrence.
— NCB appreciates that there are many different
philosophical approaches to education and judgements regarding
safeguarding are often complex. It is essential, therefore, that
professionals involved at any point during the process have an
appropriate level of skill and expertise and a thorough understanding
of educational philosophies and the legislative frameworks in
relation to education entitlements and safeguarding. This can
be achieved through a multi-agency approach, involving a number
of professionals.
4.0 THE CONDUCT
OF THE
REVIEW AND
RELATED CONSULTATIONS
4.1 We believe the terms of reference for
the independent review were appropriate and long overdue and that
the methodology was sound.
4.2 However, the timescale for the review
was quite short, and, bearing in mind the complexity of the issues,
it may have been useful to have had a longer period of time.
4.3 Despite the short time available, we
believe that the breadth of the consultation as recorded was extensive.
5.0 THE RECOMMENDATIONS
OF THE
REVIEW ON
ELECTIVE HOME
EDUCATION
5.1 In our view, the report of the independent
review was thorough and provided a clear rationale for the recommendations
made. We are in broad agreement with the report and recommendations,
and we believe that our issues and concerns were adequately reflected.
5.2 We support wholeheartedly comments made
in the report (paragraph 5.5) regarding the importance of mutual
trust. The way in which any new powers and accompanying guidance
are operated in practice by local authorities will be crucially
important and should wherever possible reflect a partnership approach
that has the interests of the child as paramount. Should the recommendations
be implemented we would hope that local authorities take a measured
approach which minimises the need to use enforcement powers against
parents, but which involves robust and prompt action where there
is clear evidence of a need to do so.
5.3 We welcome the emphasis throughout the
report and recommendations on establishing a clear local authority/children's
trust approach. We anticipate that this would, by providing greater
scrutiny, improve practice and consistency in the way that local
authorities exercise their duties and powers in relation to children
and parents.
5.4 We also support the concluding remarks
in the report that call for the following recommendations to be
introduced as soon as possible:
— Recommendation 1 (the establishment
of compulsory national registration scheme);
— Recommendation 7 (the bringing forward
of proposals to change the current regulatory framework for monitoring
home education);
— Recommendation 23 (requiring local
authority adult services and other agencies to share appropriate
information with those charged with monitoring of elective home
education); and
— Recommendation 24 (changes to the
legislative framework to enable local authorities to refuse registration
on safeguarding grounds).
September 2009
29 Section 437, Education Act 1996 Back
30
Section 7, Education Act 1996 Back
31
Under section 443, Education Act 1996 Back
32
Section 36, Children Act 1989 Back
|
