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

Current wording of Section 19C

19C Entry of child’s details on home education register: supplementary provision

(1) Regulations may make provision about steps to be taken by an authority in connection with an application for a child’s details to be entered on their home education register.

(2) The regulations may, in particular, make provision about matters that are or are not to be taken into account by an authority in deciding—

(a) whether to register a child’s details under section 19B(3);

(b) whether a child is within section 19B(7);

(c) whether section 19B(8) applies to a child’s application.

(3) Regulations under section 19B(1)(a) may, in particular, make provision within subsection (4) or (5).

(4) Provision within this subsection is provision—

(a) about how an application for registration of a child’s details is to be made;

(b) requiring an application for registration of a child’s details to include a statement giving prescribed information about the child’s prospective education;

(c) requiring an application to include other prescribed information;

(d) about the form in which a statement mentioned in paragraph (b), or any other information required to be included in an application, is to be provided;

(e) for an application for registration to include an undertaking to provide a statement mentioned in paragraph (b), or other prescribed information, to the authority within a period determined by or in accordance with the regulations.

(5) Provision within this subsection is provision permitting an authority to specify a period, prescribed by or determined in accordance with the regulations, within which an application to enter on their home education register the details of a child to whom subsection (6) applies may not be made unless the authority are satisfied that there has been a change of circumstances that justifies an application being made within that period.

(6) This subsection applies to a child if—

(a) a parent of the child has previously made an application in the prescribed manner for the child’s details to be entered on a home education register maintained by a local authority, and the application (or the most recent such application) did not succeed, or

(b) the child’s details have previously been registered on a home education register maintained by a local authority, and the registration (or the most recent such registration) has been revoked under section 19F.

Proposed amendments to Section 19C

Amendment 1

Section 19C(1) Replace "an application" with "a notification"

Amendment 2

Section 19C(2)(a) After 19B(3) add "or apply to the court to assess suitability of educational provision"

Amendment 3

Section 19C(2)(c) replace "application" with "notification"

Amendment 4

Section 19C(3) remove reference to subsection (5)

Amendment 5

Section 19C(4) Remove in its entirety and replace with "Notification shall take place by means of a parent returning a form that requires the child's name, date of birth, address, and the names of the parents responsible for that child"

Amendment 6

Section 19C(5) remove entirely, and renumber accordingly

Amendment 7

Section 19C(6)(a) Replace "an application" with "a notification" and "application" with "notification" (2 places)

How it would look as amended

19C Entry of child’s details on home education register: supplementary provision

(1) Regulations may make provision about steps to be taken by an authority in connection with a notification for a child’s details to be entered on their home education register.

(2) The regulations may, in particular, make provision about matters that are or are not to be taken into account by an authority in deciding—

(a) whether to register a child’s details under section 19B(3) or apply to the court to assess suitability of educational provision;

(b) whether a child is within section 19B(7);

(c) whether section 19B(8) applies to a child’s notification.

(3) Regulations under section 19B(1)(a) may, in particular, make provision within subsection (4).

(4) Notification shall take place by means of a parent returning a form that requires the child's name, date of birth, address, and the names of the parents responsible for that child

(5) This subsection applies to a child if—

(a) a parent of the child has previously made a notification in the prescribed manner for the child’s details to be entered on a home education register maintained by a local authority, and the notification (or the most recent such notification) did not succeed, or

(b) the child’s details have previously been registered on a home education register maintained by a local authority, and the registration (or the most recent such registration) has been revoked under section 19F.