Children, Schools and Families Bill/Amendments to Section 19B of Schedule 1

Current wording of Section 19B

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 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.

(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.

(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.

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—

(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 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 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maintained by the authority or another authority), and the registration (or the most recent such registration) has been revoked under section 19F, or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 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 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 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 to keeping those details on the register.

Proposed amendment 1

Section 19B(1)(a) replace "has applied to the authority" with "has notified the authority" and replace "for the child’s details to be entered on their home education register" with "that the child is home educated"

Alternatively "the child is educated otherwise than at school" as HE doesn't just happen at home

Proposed amendment 2

Section 19B(2) Replace text up to "shall enter" with "The local authority, on receipt of this notification"

Proposed amendment 3

Section 19B(3) after "home education register" add "or issue a notice to the parents under s437"

Proposed amendment 4

Section 19B(4) Replace text from "not" with "apply to the court and provide evidence as to why the child's welfare is at risk from home education"

Proposed amendment 5

Section 19B(5)(a) Replace "If" with "When".

Proposed amendment 6

Section 19B(5)(c) Replace words after "this," with "and of the date of the court hearing on the authority's welfare application"

Proposed amendment 7

Section 19B(6) Replace (a) and (b) with "it appears to the local authority that the child is not receiving a suitable education, or" and renumber (c) as (b)

Proposed amendment 8

Section 19B(8) Replace "an application" with "notification" and "the application" with "the notification" and delete all after "material respect".

Proposed amendment 9

Section 19B(9) Replace "An application" with "A notification"

Proposed amendment 10

Section 19B(1) Replace all of (c) with "it appears to the authority that the child is not within subsection (6) and that subsection (8) does not apply to the notification"

Proposed amendment 11

Section 19B(3) Delete from after "subsection (4)"

Proposed amendment 12

Insert new section 19B(11) "For the purposes of this section, a suitable education means an education suitable to the child's age, aptitude and ability, and any special educational needs he may have, as defined in s7."

Proposed amendment 13

Section 19B(5) Delete part (b) and renumber part (c) as (b)

How Section 19B would look when amended

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 notified the authority, in the prescribed manner, that the child is home educated,

(b) the child is of compulsory school age, and

(c) it appears to the authority that the child is not within subsection (6) and that subsection (8) does not apply to the notification.

(2) The local authority, on receipt of this notification, shall enter the prescribed details relating to the child on their home education register.

(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 or issue a notice to the parents under s437.

Comment by Fiona,sorry if it is in the wrong place. I feel this would work better a/ if the LA "may" maintain rather than "shall" maintain, as I said in comment to amendment for 19A. Also I have concerns about "prescribed manner" and "prescribed details", will these be prescribed in primary legislation or by regulation? Also I still think there will inevitably be mission creep with a statutory register. Fiona FionaNicholson 08:48, 15 January 2010 (UTC)

But this subsection is subject to subsection (4).

(4) If the authority consider the child is within subsection (7), they shall apply to the court and provide evidence as to why the child's welfare is at risk from home education.

(5) The authority shall give the parent notice—

(a) when they enter the child’s details on their home education register, of the registration;

(b) if they consider the child is within subsection (7), of the reasons for this, and of the date of the court hearing on the authority's welfare application.

(6) A child is within this section if—

(a) it appears to the local authority that the child is not receiving a suitable education, or

(b) 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 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 notification for registration of a child’s details on the authority’s home education register if the authority consider that information that has been provided in connection with the notification is incorrect or inadequate in a material respect.

(9) A notification is made in the prescribed manner, for the purposes of 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 to keeping those details on the register.

(11) For the purposes of this section, a suitable education means an education suitable to the child's age, aptitude and ability, and any special educational needs he may have, as defined in s7.