Summary of Children, School and Families Bill (Schedule 1)

The home education register

Parents of home educated children will be required to annually apply to have their children registered with their local authority (LA) (s19A). The application will probably include a prescribed statement with information about the child’s education and other information (s19C (4)(b)(c) & (d)).

Applications will be rejected if the LA consider it would be harmful to the child’s welfare to continue or become home educated (s19B (7)).

If a previous application for a child to be home educated was rejected or revoked, a future application will not be allowed within a certain time period. This time period is to be determined by future regulations (s19C (5) & (6)).

Once a child’s registration is accepted, an LA may revoke a child’s registration at any time. This will happen if the parent has failed to fulfill an undertaking (promise) to provide the prescribed statement about the child’s education; if the information given in the application is materially incorrect, inadequate or has subsequently become so; or if the parents have not co-operated will the LA to allow a meeting under section 19E – see below on monitoring (s19F (1)(a)(b)(e)).

Registration will also be revoked if it is deemed harmful for the child to continue to be home educated or the child is not receiving a “suitable education” (see s19F (2)) (consideration is to be given to the child’s wishes in both these cases) (s19F (1)(d) & s19F (1)(f) & s19F (4)).

Monitoring of home educated children

LAs will hold annual meetings with parents and children and visit one of the places where education takes place (s19E (3)). LAs will also meet the child without parents present, unless the parents or child object (s19E (4)).

LAs will use these meetings to assess whether the education provided is suitable and fits with information provided at the point of application (s19E (1)(a)(b)). They will assess what the child’s wishes and feelings are about their education and whether it would be harmful for the child’s welfare to continue to be home educated (s19E (1)(c)(d)).

A “suitable education” is defined as being if the education is efficient, full time and suitable to a child’s age, ability, aptitude and any special educational needs (s19E (2)).

Future regulations

The initial application process will be clarified by future regulations which will cover maintaining the register (s19A (2)), how an application is to be made and what information will be required (s19B (9) & s19C (4)(a)(d)). Regulations will also specify a time period during which registration will not be allowed for children who have previously had an application rejected or have had a registration revoked, unless the LA are convinced that circumstances have changed (s19C (5) & (6)).

The registration and revocation process will be clarified for LAs. Regulations will specify what the LA should take into account when determining whether to register a child (s19C (2)). This will apply to applications where a previous application for the child’s details to be entered on the home education register was rejected or revoked or a school attendance order is in force (s19B (3) & s19B (6)); where the information given in the application is materially incorrect, inadequate or has subsequently become materially incorrect or inadequate (s19B (3) & s19B (8)) and where the LA consider it would be harmful to the child’s welfare to continue or become home educated (s19B (7)). Regulations will also set out steps to be taken by the LA when registration is revoked (s19F (5)). They will also provide more details for LAs about what to take into account when considering whether to revoke a registration (s19F (6)) .

LAs and proprietors of school may be required under future regulations to provide prescribed information on children who are, or will become, home educated; information on children with school attendance orders and those who have had previous applications to home educate rejected or revoked (s19H).
LAs will also have a duty to identify children not registered as home educated (s436ZA).

The Government may also issue guidance to LAs in the future on law to interpret and use this legislation (s19I).

Parents’ right of appeal will be covered in future regulations, as well as appeal procedures, matters to consider, person or body who will deal with the appeal (s19G).