Children's Wellbeing and Schools Bill

Written evidence submitted by an individual who wishes to remain anonymous to The Children’s Wellbeing and Schools Bill Committee (CWSB102)

Executive Summary:

• The Bill's broad and ambiguous wording grants excessive powers to Local Authorities without adequate oversight

• Flexischooling provisions create unnecessary bureaucratic burdens and barriers

• Requirements for activity providers risk reducing educational opportunities for home educated children

• Discriminatory monitoring requirements target home educated children unfairly

• Recommendations include implementing 'Code F' for flexischooling and clearly defined limitations on LA powers

Introduction:

I am a parent of five children who have been home educated from birth. My submission draws on direct experience of home education and its benefits for children with diverse learning needs.

1. Personal Context

1.1 Our journey into home education began when our eldest child attended nursery. Despite being advanced in most areas of the EYFS, except emotional development, we were advised within the first month to consider special schools as mainstream education would not meet her needs.

1.2 Our daughter has since shown clear signs of being ADHD and Autistic with PDA profile. This early experience highlighted how formal education settings can prematurely limit opportunities for bright, capable children who may require additional support or alternative approaches.

2. Concerns Regarding Local Authority Powers

2.1 The Bill employs dangerously broad and ambiguous wording that would grant sweeping new powers to Local Authorities with insufficient oversight or limitations.

2.2 Section 436H(3) uses concerning terminology around "suitable" education and children's "best interests" without clear definitions, potentially allowing for subjective interpretation.

2.3 Section 436I(2) grants extensive powers to scrutinize all aspects of home and educational life without clear limitations.

2.4 Section 436C(2) includes an extremely broad catch-all provision for information gathering.

2.5 Section 436F(3) allows for extensive information sharing with minimal restrictions.

3. Impact on Flexischooling

3.1 The Bill's provisions regarding part-time attendance (Section 436B(5)(b)) create unnecessary bureaucratic burdens for flexischooling families.

3.2 The requirement to register flexischooling children on the "children not in school" register is inappropriate and could discourage schools from offering this valuable option.

3.3 This could particularly impact children with special educational needs or anxiety who benefit from flexible arrangements.

4. Impact on Activity Providers

4.1 The requirements for detailed information about "other persons or organisations involved in providing education" creates an unreasonable administrative burden.

4.2 This affects not only professional tutors but also volunteer-led groups and informal social meetups where incidental learning occurs.

4.3 Learning is a complex, ongoing process that cannot be neatly categorized or measured in the way the Bill suggests.

4.4 The additional administrative workload will likely result in reduced services or increased costs for home educated children.

5. Discriminatory Aspects

5.1 The selective application of monitoring requirements to home educated children is discriminatory.

5.2 If safeguarding is the concern, requirements should apply equally to all children in all educational settings.

6. Recommendations

6.1 Flexischooling Provisions:

- Remove flexischooling from "children not in school" register requirements

- Create separate, proportionate guidance for flexischooling

- Implement a specific attendance code ('Code F') for school registers

- Maintain school and family discretion in arrangements

6.2 Activity Providers and Groups:

- Remove detailed information requirements about educational provision

- Apply any safeguarding requirements equally to all children

- Exempt informal social groups and recreational clubs from reporting requirements

6.3 Registration and Monitoring:

- Distinguish between informal and formal educational provision

- Recognize the complexity of learning processes

- Remove prescriptive reporting requirements

6.4 Administrative Support:

- Require LAs to provide funding for additional administrative requirements

- Set reasonable limits on information requests

- Ensure proportionate requirements

6.5 Legal Framework:

- Include clear definitions of key terms

- Set explicit limitations on LA powers

- Include robust appeal processes

- Ensure consistency with existing legislation

6.6 Implementation:

- Require consultation with home education communities

- Include sunset clauses

- Mandate regular impact assessments

7. Conclusion

7.1 The Bill requires significant amendment to protect educational freedom while maintaining appropriate oversight.

7.2 The current provisions risk creating unnecessary barriers to alternative education approaches.

7.3 The proposed amendments would create a more balanced framework that supports educational choice while maintaining appropriate safeguarding measures.

7.4 Based on our family's experience, I strongly advocate for maintaining flexibility in educational approaches to meet the diverse needs of all children.

7.5 The success we have witnessed in our own children's educational journey through home education demonstrates the vital importance of preserving educational freedom and choice. Our eldest daughter, who was initially deemed unsuitable for mainstream education, has thrived in a home education environment tailored to her needs. She, along with her siblings, has developed into a confident, capable learner with a genuine love for acquiring knowledge. This Bill, while well-intentioned, risks undermining the very flexibility and autonomy that has enabled such positive outcomes for countless families like ours. It is crucial that any legislative changes enhance rather than restrict the ability of parents to provide education that best serves their children's individual needs and circumstances.

January 2025