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

Current wording of Section 19F

19F Revocation of registration

(1) A local authority in England may revoke the registration of a child’s details on their home education register if it appears to them that—

(a) the child’s parent has failed to fulfil an undertaking given by virtue of section 19C(4)(e),

(b) information that has been provided in connection with the application for the child’s details to be entered on the register is incorrect or inadequate in a material respect (whether or not it was so when it was provided),

(c) the child is not a home-educated child,

(d) it would be harmful to the child’s welfare for the child to continue to be a home-educated child,

(e) by reason of a failure to co-operate with the authority in arrangements made by them under section 19E, or an objection to a meeting as mentioned in section 19E(4), the authority have not had an adequate opportunity to ascertain the matters referred to in section 19E(1),

(f) the child is not receiving suitable education, or

(g) the child is no longer in their area.

(2) For the purposes of subsection (1)(f) a child’s education is suitable if it is efficient full-time education suitable to—

(a) the child’s age, ability and aptitude, and

(b) any special educational needs the child may have.

(3) If an authority revoke registration of a child’s details on their home education register under this section, they must give the child’s parent notice of the revocation and of the reasons for it.

(4) In determining whether the condition in subsection (1)(d) or (f) is satisfied, an authority shall, so far as is reasonably practicable and consistent with the child’s welfare, give due consideration (having regard to the child’s age and understanding) to any wishes and feelings of the child ascertained by them.

(5) Regulations may make provision about steps to be taken by an authority in connection with revocation, or proposed revocation, of registration of a child’s details on their home education register.

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

(a) in determining whether any of the conditions in subsection (1)(b) to (f) is met;

(b) in determining whether to revoke registration of a child’s details under this section.

Proposed amendment 1

Section 19F(1) Replace all before "revoke" with "A local authority in England may apply to the court to impose a School Attendance Order to"

Proposed amendment 2

Section 19F(1)(a) Remove entirely (no longer applicable)

Proposed amendment 3

Section 19F(1)(b) Remove entirely (no longer applicable)

Proposed amendment 4

Section 19F(1)(e) Remove entirely

Proposed amendment 5

Section 19F(1)(g) - now out of place - needs new section of its own

Proposed amendment 6

Section 19F(3) Replace with "If an authority applies to the court under this section, they must give the child's parent the reasons for the application and the date of the court hearing on the authority's application"

Proposed amendment 7

Section 19F(5) Replace from "revocation" with "court application, or proposed court application"

Proposed amendment 8

Section 19F(6)(a) Remove references to deleted sections

Proposed amendment 9

Section 19F(6)(b) Before "revoke" insert "apply to the court to"

How Section 19F would look when amended

19F Revocation of registration

(1) A local authority in England may apply to the court to impose a School Attendance Order to revoke the registration of a child’s details on their home education register if it appears to them that—

(a) <deleted>

(b) <deleted>

(c) the child is not a home-educated child,

(d) it would be harmful to the child’s welfare for the child to continue to be a home-educated child,

(e) <deleted>

(f) the child is not receiving suitable education, or

(g) the child is no longer in their area.

(2) For the purposes of subsection (1)(f) a child’s education is suitable if it is efficient full-time education suitable to—

(a) the child’s age, ability and aptitude, and

(b) any special educational needs the child may have.

(3) If an authority applies to the court under this section, they must give the child's parent the reasons for the application and the date of the court hearing on the authority's application

(4) In determining whether the condition in subsection (1)(d) or (f) is satisfied, an authority shall, so far as is reasonably practicable and consistent with the child’s welfare, give due consideration (having regard to the child’s age and understanding) to any wishes and feelings of the child ascertained by them.

(5) Regulations may make provision about steps to be taken by an authority in connection with court application, or proposed court application.

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

(a) in determining whether any of the conditions in subsection (1)(c), (d) or (f) is met;

(b) in determining whether to apply to the court to revoke registration of a child’s details under this section.