Children's Wellbeing and Schools Bill - it's not just a home-ed register. (title edited by MNHQ at request of OP)

[rainbowsnack]

I'm putting it here because the call for evidence closes soon. The reason I'm sharing is because the only thing being talked about is the CNIS register. It's actually a lot more than that and it's going to disproportionately affect children with SEN who are inherently more like to a) be on a CPP due to their needs and b) less likely to have a provision suitable to them in school and children who are home educated are frequently maliciously reported to social services by schools upon deregistration, especially if the school have failed their child and twice as likely to be reported by the general public, simply because they don't go to school.

Some of what they're suggesting are already required by law, so I'm not sure why they've put them in! I've bolded them. This will be multiple posts.

It falls under;

Part 2: Children not in school

24 - 29.

https://publications.parliament.uk/pa/bills/cbill/59-01/0151/240151.pdf

Children not in school

24 Local authority consent for withdrawal of certain children from school

After section 434 of the Education Act 1996 insert—
“Local authority consent for withdrawal of certain children from school

434A Local authority consent for withdrawal of certain children from school

(1) A parent of a relevant child must obtain the consent of the relevant local authority to withdraw the child from school if the parent intends—

(a) that the child should cease to attend the school at which the child is a registered pupil, and
(b) to withdraw the child from school for the purpose of causing the child to receive education otherwise than at school.

(2) A child is a “relevant child” for the purposes of this section if—
(a) the child is of compulsory school age,
(b) the child is a registered pupil at a school in England, and
(c) condition A or condition B is met in respect of the child.

(3) Condition A is that the child became a registered pupil under arrangements made by a local authority in England at—
(a) a special school within the meaning of section 337(1), or
(b) an independent school within the meaning of section 463 which is specially organised to make special educational provision for pupils with special educational needs.

(4) Condition B is that a local authority in England is—
(a) conducting enquiries under section 47 of the Children Act 1989 (duty to investigate) in respect of the child, or
(b) taking action under section 47(8) of that Act to safeguard or promote the child's welfare, in a case where the enquiries mentioned in paragraph (a) have led the local authority to conclude that the child is suffering, or is likely to suffer,
significant harm (within the meaning of section 31(9) and (10) of that Act).

(5) Where the proprietor of a school is notified by a parent of a child who is a registered pupil at the school that the parent intends to withdraw the child from school for the purpose of causing the child to receive education otherwise than at school, the proprietor must notify—
(a) the local authority responsible for the area in which the school is located, and
(b) the local authority responsible for the child, if different from the local authority mentioned in paragraph (a).

(6) If a parent of a relevant child applies to the relevant local authority for consent to withdraw the child from school for the purpose of causing the child to receive education otherwise than at school, the authority—
(a) must decide without undue delay whether to grant consent, and
(b) must refuse consent if the local authority considers—
(i) that it would be in the child's best interests to receive education by regular attendance at school, or
(ii) that no suitable arrangements have been made for the education of the child otherwise than at school, but otherwise must grant consent.

(7) An application mentioned in subsection (6) may also be made by the proprietor of a school at which the relevant child is a registered pupil, on behalf of the child’s parent, and with the consent of the parent.

(8) The relevant local authority must serve notice of the decision under subsection (6) on—
(a) the parent who made the application, or on whose behalf the application was made,
(b) any other parent of the child, where contact details of that parent are known, unless exceptional circumstances apply, and
(c) the proprietor of a school at which the relevant child is a registered pupil.

(9) Regulations under section 434—
(a) must provide that, where consent of the relevant local authority is required under subsection (1) in respect of a relevant child, the proprietor of a school must not allow the deletion from the school’s register of the name of that child unless the proprietor receives notice that the relevant local authority has granted
consent under this section in respect of that child, and
(b) may make provision to require the proprietor of a school to arrange to take, or not to take, any other steps specified in the regulations in relation to the registration of a registered pupil at the school where a relevant local authority has granted or refused consent under subsection (6).

(10) If a parent is aggrieved by a decision of the relevant local authority to grant consent under subsection (6)—
(a) the parent may refer the question to the Secretary of State, and
(b) the Secretary of State may—
(i) uphold the decision of the local authority, or
(ii) refer the question back to the local authority to determine.

(11) If a parent is aggrieved by a decision of the relevant local authority to refuse consent under subsection (6)—
(a) the parent may refer the question to the Secretary of State, and
(b) the Secretary of State may—
(i) give such direction determining the question as the Secretary of State considers appropriate, or
(ii) refer the question back to the local authority to determine.

(12) If a subsequent application is made in relation to a relevant child in respect of whom the relevant local authority has previously refused consent under subsection (6), the authority is only required to make a new decision under subsection (6)(a) if a period of 6 months has elapsed since the date of the previous application.

(13) In this section, a “relevant local authority”, in relation to a relevant child, means—
(a) where the child is a relevant child as a result of condition A (but not condition B) being met in respect of the child, the local authority that made the arrangements mentioned in subsection (3);
(b) where the child is a relevant child as a result of condition B (but not condition A) being met in respect of the child, the local authority conducting enquiries or taking action as mentioned in subsection (4);
(c) where the child is a relevant child as a result of conditions A and B being met in respect of the child, the local authority conducting enquiries or taking action as mentioned in subsection (4).”

I'll be honest, I don't understand what any of that means. Can you summarise without using acronyms?

25 Registration

10(1) The Education Act 1996 is amended as follows.
(2) After section 436A insert—

“Children not in school: England

436B Duty to register children not in school

(1) A local authority in England must maintain a register of children who are eligible to be registered by the authority under this section.

(2) A child is eligible to be registered by a local authority under this section if conditions A to C are met.

(3) Condition A is that the child lives in the authority’s area.

(4) Condition B is that the child is of compulsory school age.

(5) Condition C is that—
(a) the child is not a registered pupil or a student registered at a relevant school,
(b) the child is a registered pupil at a relevant school but the proprietor of the school has arranged or agreed that—
(i) the child will receive education otherwise than at that or any other relevant school, and
(ii) the child will be absent for some or all of the time when the child would normally be expected to attend the relevant school, or
(c) the child is a student registered at a relevant school falling within subsection (7)(e) but attends that school on a part-time basis, and is not also a registered pupil at a different relevant school.

(6) Regulations may make provision—
(a) for cases where a child is to be regarded as falling or not falling within subsection (5)(b) or (c);
(b) for cases where a child falling within subsection (5)(b) or (c) is not to be regarded as eligible for registration under this section.

(7) In this section “relevant school” means—
(a) a school maintained by a local authority,
(b) a non-maintained special school (within the meaning given by section 337A),
(c) an Academy school or alternative provision Academy,
(d) a school not falling within paragraph (c) that is registered under section 95 of the Education and Skills Act 2008 (register of independent educational institutions),
(e) an institution in England within the further education sector that provides secondary education suitable to the requirements of children who have attained the age of 14 years, or
(f) an independent educational institution within the meaning of section 92(1) of the Education And Skills Act 2008.

436C Content and maintenance of registers

(1) A register under section 436B must contain the following information
in respect of a child registered in it—

(a) the child’s name, date of birth and home address,
(b) the name and home address of each parent of the child,
(c) the name of each parent who is providing education to that child,
(d) the amount of time that the child spends receiving education from each parent of the child,
(e) if the child receives education from a person other than their parent—
(i) the names and addresses of any individuals and organisations involved in providing that education,
(ii) a description of the type of each provider named under sub-paragraph (i),
(iii) the postal address of each place where that education is provided (where different from the address in sub-paragraph (i)) or the website or email address of the provider if that education is provided virtually,
(iv) the total amount of time that the child spends receiving that education and the amount of time the child spends receiving that education without any parent of the child being actively involved in the tuition or supervision of the child.

(2) To the extent that the local authority has the information or can reasonably obtain it, a register under section 436B must also contain such information about, or in connection with, the following matters in respect of a child registered in it as may be prescribed—

(a) the child’s protected characteristics (within the meaning of the Equality Act 2010);
(b) whether the child has any special educational needs, including whether the local authority maintains an EHC plan for the child;
(c) any enquiries being made or that have been made by a local authority under section 47 of the Children Act 1989 (local authority’s duty to investigate) and any actions that are being taken or have been taken by the authority or any other local authority following, or in connection with, enquiries under that section;
10(d) whether the child is or has ever been a child in need for the purposes of Part 3 of the Children Act 1989 (see section 17(10) of that Act) and, if so, any actions that a local authority is taking or has taken in relation to the child under that Part and any services that a local authority is providing or has provided to the child in the exercise of functions conferred on the authority by section 17 of that Act;
(e) whether the child is or has ever been looked after by a local authority (within the meaning of section 22 of the Children Act 1989);
20(f) the reasons why the child meets condition C in section 436B, including any information provided by a parent of the child as to those reasons or, in a case where a parent has not provided that information, the fact that they have not done so;
(g) whether, under arrangements made under section 436A, the child has been identified as a child who is of compulsory school age but who is not a registered pupil at a school and is not receiving suitable education otherwise than at a school;
(h) the school or institution within the further education sector or the type of school or institution (if any) that the child attends or has attended in the past;
(i) whether support is being provided in relation to the child under section 436G and, if so, the nature of the support being provided;
(j) any actions that have been taken by a local authority in relation to the child under sections 436I to 436P (school attendance orders);
(k) any other information about the child’s characteristics, circumstances, needs or interactions with a local authority or educational institutions that the Secretary of State considers should be included in the register for the purposes of promoting or safeguarding the education or welfare of children.

(3) A register under section 436B may also contain any other information the local authority considers appropriate.

(4) Regulations may, in relation to a register under section 436B, make provision about—
(a) how a local authority must maintain the register, including provision relating to—
(i) how the register is to be kept up-to-date;
(ii) the making of changes to the register;
(b) the form of the register;
(c) publication of the register;
(d) registration forms;
(e) how time is to be recorded for the purposes of subsection (1)(d) and (e)(iv);
(f) publicising the register and duties of persons in relation to the register.

(5) No information from a register under section 436B may be published, or made accessible to the public, in a form—
(a) which includes the name or address of a child who is eligible to be registered under that section or of a parent of such a child, or
(b) from which the identity of such a child or parent can be deduced, whether from the information itself or from that information taken together with any other published information.

436D Provision of information to local authorities: parents

(1) A parent of a child who is eligible to be registered by a local authority in England under section 436B must—
(a) inform the local authority that the child is eligible for registration, and
(b) provide the authority with any of the information referred to in section 436C(1) that the parent has.

(2) A parent of a child who is registered by a local authority in England under section 436B must—
(a) provide the authority, on request, with any of the information referred to in section 436C(1) that the parent has,
(b) inform the authority of a change, of which the parent is aware, to any of the information required to be included in the register under section 436C(1), and
(c) inform the authority if the child ceases to be eligible to be
registered by that authority under section 436B.

(3) A person must comply with a duty under subsection (1) or (2) before the end of the relevant period.

(4) In subsection (3) “relevant period” means—
(a) in the case of the duty in subsection (1)(a) or (b), the period of 15 days beginning with the date on which the child becomes eligible for registration by the local authority;
(b) in the case of the duty in subsection (2)(a), such period of not less than 15 days as the local authority specify in the request;
(c) in the case of the duty in subsection (2)(b), the period of 15 days beginning with the date on which the parent becomes aware of the change;
(d) in the case of the duty in subsection (2)(c), the period of 15 days beginning with the date on which the child ceases to be eligible to be registered by the local authority under section 436B.

(5) The duties in subsections (1) and (2) do not apply where the child is receiving full-time education by any one or more of the following means—
(a) arrangements made by the local authority under section 19;
(b) arrangements made by the proprietor of a relevant school at which the child is a registered pupil;
(c) arrangements made by the local authority under section 61 of the Children and Families Act 2014 (special educational provision otherwise than in schools, post-16 institutions etc);
(d) attendance at a relevant school.
(6) In this section “relevant school” has the same meaning as in section 436B.

Surely if you're a legitimate home educator, this is no problem at all. It's just some checks and balances. It's clearly about preventing children being taken off the register because parents want to evade authorities, either social services or just not provide education. It's to make sure that no child slips through the cracks. I realise these things can probably be annoying if you are home educating in good faith, but there are plenty of rules that affect all of us to protect the most vulnerable. You may not like it, but school provides a regular welfare check for some children and withdrawing a child from school means they may miss out.

The bill has so much in it, it's hard to summarise,

SEN - special educational needs
CPP - child protection plan
EHE - elective home education
CNIS - children not in school

The bill is essentially giving the state a parent role when it comes to taking children with SEN off a school register. Currently children with SEN only need permission if they attend a special school, This will mean permission is required with an EHCP as well even if they attend mainstream. They're now saying they have to refuse permission and the parents won't be able to ask again for 6 months, even if going to school is detrimental to their child.

The law already provides for this, the problem is that the laws aren't used properly because there isn't enough funding, it's not just a register. It's asking for insane amounts of information and if you make a mistake when filling in information or don't update fast enough when something changes (15 days) you can be issued with a school attendance order, and they're removing the tribunal aspect to that too. You can't appeal it, you'd have to apply to the secretary of state.

Is there any information on changes for 16-18 year olds?

Not that I can tell, this only covers CSA as far as I know.

Still posting (There's A LOT) so bear with me XD

436E Provision of information to local authorities: education providers

(1) This section applies where a local authority in England reasonably believes that—
(a) a person is providing out-of-school education to a child for more than the prescribed amount of time without any parent of the child being actively involved in the tuition or supervision of the child, and
(b) the child is, or is eligible to be, registered by the authority under section 436B.

(2) In this section—
(a) “out-of-school education” means any programme or course of education, or any other kind of structured education, that is provided otherwise than as part of the education provided by a relevant school (within the meaning of section 436B);
(b) “prescribed amount of time” means an amount of time prescribed—
(i) by reference to a number of hours in, or a proportion of, a week or other period;
(ii) by reference to a proportion of the time a child spends receiving education;
(iii) in any other way.

(3) The authority may by notice require the person—
(a) to confirm whether or not the person is providing out-of-school education to any child as mentioned in subsection (1)(a), or has done so at any time during the period of 3 months ending with the date of the notice, and
(b) to provide the authority with the following information in relation to any child (whether or not that child lives in the authority's area) to whom they are providing such education, or to whom they have provided such education during that 3 month period—
(i) the child’s name, date of birth and home address,
(ii) the total amount of time that they provide such education to the child, and
(iii) the amount of time that they provide such education to the child without any parent of the child being actively involved in the tuition or supervision of the
child.

(4) A notice under subsection (3) is served if it is sent to or left at the place where the out-of-school education is provided (as well as in the circumstances referred to in section 572(1)).

(5) Before the end of the specified period, the person on whom a notice under subsection (3) is served must comply with the requirement in the notice.
(6) The “specified period” is the period, specified in the notice that—
(a) is at least 15 days, and
(b) begins with the day on which the notice is served.

(7) Regulations may provide for exceptions to the duty in subsection (5).

(8) Where a local authority in England is satisfied that a person on whom a notice under subsection (3) is served has—
(a) failed to comply with their duty under subsection (5), or
(b) provided incorrect information in response to the notice, the authority may require the person to pay a monetary penalty to the authority in accordance with Schedule 31A.

(9) The amount of the monetary penalty is to be the prescribed amount.

(10) Subsection (8) does not apply in relation to a notice under subsection
(3) that is served during the period of 3 months beginning with the day on which section 25 of the Children’s Wellbeing and Schools Act 2025 comes into force.

436F Use of information in the register

(1) A local authority in England must, if the Secretary of State so directs,
provide the Secretary of State with information of a prescribed description from their register under section 436B (whether that is information relating to an individual child or aggregated information).

(2) The Secretary of State may provide information received under subsection (1) to a prescribed person if the Secretary of State considers it appropriate to do so for the purposes of promoting or safeguarding the education or welfare of—
(a) the child to whom the information relates, or
(b) any other person under the age of 18.

(3) A local authority in England may provide information from their register under section 436B which relates to a child, to a person mentioned in subsection (4) if the authority considers it appropriate to do so for the purposes of promoting or safeguarding the education or welfare of—
(a) the child, or
(b) any other person under the age of 18.

(4) For the purposes of subsection (3), the persons are—
(a) a person listed in section 11(1) of the Children Act 2004 (arrangements to safeguard and promote welfare);
(b) Ofsted, meaning—
(i) the Office for Standards in Education, Children's Services and Skills, and
(ii) His Majesty's Chief Inspector of Education, Children'sServices and Skills.

(5) Where a local authority in England becomes aware that a child registered in their register under section 436B will move, or has moved, to the area of another local authority in England, the local authority—
(a) must provide the other local authority with any information relating to the child which is contained in the register under or by virtue of section 436C(1) or (2), and
(b) may provide the other local authority with any other information relating to the child which is contained in the register under or by virtue of section 436C(3).
(6) Where a local authority in Wales, Scotland or Northern Ireland makes a request for information from a register under section 436B held by a local authority in England, the local authority in England receiving the request may provide the information if that authority considers it appropriate to do so for the purposes of promoting or safeguarding the education or welfare of—
(a) the child to whom the information relates,
(b) any other person under the age of 18.

(7) A local authority in Scotland means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994.

(8) A local authority in Northern Ireland means a Health and Social Care Trust or the Education Authority established under the Education Act (Northern Ireland) 2014.

436G Support

(1) If a parent of a child registered by a local authority in England under section 436B so requests, the local authority must provide support to the parent by securing the provision of advice and information relating to the education of the child.

(2) The advice and information to be provided is whatever the local authority considers fit having regard to the parent’s request and may include—

(a) advice about the education of the child, and
(b) information about sources of assistance for the education of the child.

(3) The duty in subsection (1) does not apply where—
(a) the child is a registered pupil at a relevant school (within the meaning of section 436B),
(b) the local authority is required to make arrangements for the education of the child under section 19 of this Act, or
(c) the local authority is required to secure special educational provision for the child under section 42(2) of the Children and Families Act 2014.”

(3) For section 569(2A) (regulations subject to affirmative procedure), substitute—
“(2A) A statutory instrument which contains (whether alone or with other provision) any of the following regulations may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament—
25(a) the first regulations under section 436B(6),
(b) regulations under section 436C(2),
(c) the first regulations under section 436C(4),
(d) regulations under section 436E(1)(a),
(e) regulations under section 436E(7),
30(f) the first regulations under section 436E(9),
(g) the first regulations under section 436F(1),
(h) regulations under section 436F(2),
(i) regulations under section 550ZA(3)(f),
(j) regulations under section 550ZC(7), or
35(k) the first regulations under paragraph 5 of Schedule 31A.”

(4) After Schedule 31 insert—

Section 436E “SCHEDULE 31A
FAILURE TO PROVIDE INFORMATION UNDER SECTION 436E: MONETARY PENALTIES

Warning notice
Where a local authority in England proposes to require a person to pay a monetary penalty under section 436E(8), the authority must
(1) serve a notice on the person of what is proposed (a “warning notice”).
(2) The warning notice must include information as to—
(a) the grounds for the proposal to require payment of the monetary penalty,
(b) the amount of the penalty, and
(c) the person’s right to make representations.

Representations
2 The person on whom the warning notice is served may make written representations to the local authority in relation to the proposed requirement to pay a monetary penalty—
(a) before the end of the period of 14 days beginning with the day on which the notice is served, or
(b) if within that period the person gives written notice of their intention to make representations, before the end of the period of 28 days beginning with that day.

Imposition of penalty
3(1) Where a person has made representations in response to a warning notice, or the time for doing so has elapsed, the local authority must decide whether to require the person to pay the monetary penalty.
(2) The local authority may not require the person to pay a monetary penalty if the authority is no longer satisfied as mentioned in section 436E(8).
(3) If the local authority decide not to require the person to pay the penalty, the authority must inform the person of that fact.

Penalty notice
4(1) A requirement to pay a monetary penalty is imposed by a notice served on the person by the local authority (a “penalty notice”).
(2) A penalty notice must include information as to—
(a) the grounds for requiring payment of the monetary penalty,
(b) the amount of the penalty,
(c) how payment may be made,
(d) the period within which payment is to be made (which must be at least 28 days beginning with the day on which the notice is served),
(e) the consequences of late payment (see paragraph 5), and
(f) rights of appeal.
(3) A penalty notice may be withdrawn at any time by the local authority that gave it.

Consequences of late payment
5 If the person on whom a penalty notice is served fails to pay the monetary penalty within the period specified in the notice, the amount of the penalty is increased by the prescribed percentage.

Appeals
6(1) A person on whom a penalty notice is served may appeal to the First-tier Tribunal on any of the grounds mentioned in sub-paragraph (2).
(2) The grounds are that—
(a) the decision to require payment of the penalty was based on an error of fact;
(b) the decision was wrong in law;
(c) the decision was unreasonable.
(3) On an appeal under this paragraph the First-tier Tribunal may—
(a) quash the penalty notice,
(b) confirm the penalty notice, or
(c) vary the penalty notice by reducing the amount of the monetary penalty.
(4) Where an appeal under this paragraph is made, the requirement to pay the monetary penalty is suspended pending the final determination or withdrawal of the appeal.

Enforcement
7 If a person does not pay the whole or any part of a monetary penalty which the person is required to pay under this Schedule within the time specified in the penalty notice, the penalty or part of the penalty is recoverable as if it were payable under an order of the county court.”

26 School attendance orders

(1) The Education Act 1996 is amended as follows.

(2) After section 436G (as inserted by section 25) insert—
“School attendance orders: England

436H Preliminary notice for school attendance order

(1) A local authority in England must serve a preliminary notice on a child’s parent in relation to a child for whom the authority is responsible if it appears to the authority that—
(a) the child is of compulsory school age, and
(b) either condition A or condition B is met.

(2) A local authority in England may serve a preliminary notice on a child’s parent if it appears to the authority that either condition C or condition D is met.

(3) A “preliminary notice” means a notice requiring the child’s parent on whom the notice is served to satisfy the local authority that—
(a) the child is receiving suitable education, where condition A, C or D is relied on to serve the notice;
(b) the child is receiving education that is in their best interests, where condition B is relied on to serve the notice.

(4) Condition A is that the child is not receiving suitable education, either by regular attendance at school or otherwise.

(5) Condition B is that—
(a) the local authority or another local authority is—
(i) conducting enquiries in respect of the child under section 47 of the Children Act 1989 (duty to investigate), or
(ii) taking action under section 47(8) of that Act to safeguard or promote the child's welfare, in a case where the enquiries mentioned in sub-paragraph (i)
have led the local authority to conclude that the child is suffering, or is likely to suffer, significant harm (within the meaning of section 31(9) and (10) of that Act),
(b) the child is not regularly attending school, and
(c) it would be in the child's best interests to receive education by regular attendance at school.

(6) Condition C is that—
(a) the child is eligible to be registered by the local authority under section 436B,
(b) the authority has asked the child’s parent for information under section 436D(1), and
(c) the child’s parent has not provided that information before the end of the relevant period (as defined in section 436D(4)(a)), or has provided incorrect information.

436I School attendance orders

(1) A local authority in England must serve an order under this section on a child’s parent if—
(a) the authority has served a preliminary notice on the child’s parent under section 436H,
(b) the child’s parent fails to satisfy the local authority, within the period specified in the notice, that—
(i) the child is receiving suitable education, in a case where condition A, C or D is cited in the notice,
(ii) it is in the best interests of the child to receive education otherwise than by regular attendance at school, in a case where condition B is cited in the notice, and
(c) in the opinion of the authority it is expedient that the child should attend school.

(2) For the purpose of determining whether an order must be served under this section in respect of a child, the local authority—
(a) must consider all of the settings where the child is being educated and where the child lives,
(b) must consider how the child is being educated and what the child is learning, so far as is relevant in the particular case, and
(c) may request the child’s parent on whom the preliminary notice has been served under section 436H to allow the local authority to visit the child inside any of the homes in which the child lives.

(3) If a request under subsection (2)(c) is refused by the person to whom
it is made, the local authority must consider that to be a relevant factor in deciding whether the child’s parent has failed to satisfy the local authority as mentioned in subsection (1)(b)(i) or (ii).

(4) An order under this section (a “school attendance order”) is an order requiring the person on whom it is served to cause the child to become
a registered pupil at a school named in the order.

(5) A school attendance order under this section—
(a) must be served without delay, and in any event before the end of the period of five days beginning with the day on which the authority determines which school is to be named in the order, and
(b) must be in the prescribed form.

(6) A school attendance order under this section continues in force (subject to any amendment made by the local authority) for so long as the child is of compulsory school age, unless—
(a) it is revoked by the authority, or
(b) a direction is made in respect of it under section 436P(6) or 447(5).

(7) Where a maintained school is named in a school attendance order under this section—
(a) the local authority must without delay, and in any event before the end of the period of five days referred to in subsection (5)(a) inform the governing body and the head teacher, and
(b) the governing body and the local authority must admit the child to the school.

(8) Where an Academy school or alternative provision Academy is named in a school attendance order under this section—
(a) the local authority must without delay, and in any event before the end of the period of five days referred to in subsection (5)(a) inform the proprietor and the principal, and
(b) the proprietor must admit the child to the school.

(9) Subsections (7) and (8) do not affect any power to exclude from a
school a pupil who is already a registered pupil there.

436J School attendance order for child with EHC plan

(1) Subsections (2) and (3) apply where a local authority is required to serve a school attendance order under section 436I in respect of a child for whom the authority maintains an EHC plan.
(2) Where the EHC plan specifies the name of a school, that school must be named in the order.
(3) Where the EHC plan does not specify the name of a school—
(a) the authority must amend the plan so that it specifies the name of a school, and
(b) that school must then be named in the order.

(4) An amendment to an EHC plan required to be made under subsection (3)(a) is to be treated as if it were an amendment made following a review under section 44 of the Children and Families Act 2014, and that section and regulations made under it apply accordingly.

(5) Where—
(a) a school attendance order is in force in respect of a child for whom the local authority maintain an EHC plan, and
(b) the name of the school specified in the plan is changed, the local authority must amend the order accordingly.

436K School nomination notice for school attendance order

(1) Before a local authority serves a school attendance order under section 436I on a person in respect of a child, other than a child for whom the authority maintains an EHC plan, the authority must serve a notice on the person under this section (a “school nomination notice”).

(2) A school nomination notice is a notice in writing—
(a) informing the person of the local authority’s intention to serve the order,
(b) specifying the school which the authority intends to name in the order and, if the authority considers it fit, one or more other schools which it regards as suitable alternatives, and
(c) stating the effect of subsections (3) to (6).
For periods within which the school nomination notice must be served, see section 436M(6) and (7).

(3) If the school nomination notice specifies one or more alternative schools and the person selects one of them before the end of the period of 15 days beginning with the day on which the notice is served, the school selected by the person must be named in the order.

(4) If—
(a) within the period mentioned in subsection (3) the person—
(i) applies for the child to be admitted to a school which is an Academy school or alternative provision Academy and notifies the local authority which served the notice of the application, or
(ii) applies for the child to be admitted to a school maintained by a local authority and, where that authority is not the local authority which served the
notice, notifies the latter authority of the application, and
(b) the child is offered a place at the school as a result of the application, that school must be named in the school attendance order.

(5) If—
(a) within the period mentioned in subsection (3) the person applies to the local authority by whom the notice was served for education to be provided at a school which is not a school maintained by a local authority, an Academy school or alternative provision Academy, and
(b) the child is offered a place at the school under arrangements made by the authority under which the fees payable in respect of the education provided at the school are to be paid by them under section 517, that school must be named in the school attendance order.

(6) If, within the period mentioned in subsection (3)—
(a) the person—
(i) applies for the child to be admitted to a school which is not maintained by a local authority, an Academy school or an alternative provision Academy and in
respect of which no application is made under subsection (5), and
(ii) notifies the local authority by whom the notice was served of the application,
(b) the child is offered a place at the school as a result of the application, and
(c) the school is suitable to the child’s age, ability and aptitude and to any special educational needs the child may have, that school must be named in the school attendance order.

436L School nomination notice: restrictions

(1) A local authority may not specify a school in a school nomination notice if the child is permanently excluded from it.

(2) A local authority may not specify a maintained school or Academy school in a school nomination notice if the admission of the child would, because of the need to take measures to avoid failing to comply with any duty applicable to the school in relation to class sizes, prejudice the provision of efficient education or the efficient use of resources.

(3) A local authority may not specify a maintained school or Academy school in a school nomination notice if, were the child concerned admitted to the school in accordance with a school attendance order resulting from the notice, the number of pupils at the school in the child’s age group would exceed the relevant number.

(4) The relevant number is—
(a) in the case of a maintained school, the number determined in accordance with section 88C or 89 of the School Standards and Framework Act 1998 as the number of pupils in the child’s age group which it is intended to admit to the school in the school year in which the child would be admitted, or
(b) in the case of an Academy school, the number determined in accordance with the Academy arrangements relating to the school or any enactment as the number of such pupils.

(5) Subsection (3) does not prevent a local authority from specifying a maintained school where the authority is responsible for determining the arrangements for the admission of pupils to the school.

(6) Subsection (3) also does not prevent a local authority from specifying a maintained school or Academy school if—
(a) in the opinion of the authority the school is a reasonable distance from the home of the child, and
(b) there is no maintained school or Academy school in their area which—
(i) the authority could specify (apart from subsection (3)), and
(ii) is in the opinion of the authority a reasonable distance from the home of the child.

436M School nomination notice: procedure

(1) Before deciding to specify a maintained school, Academy school or alternative provision Academy in a school nomination notice a local authority must consult—
(a) in the case of a maintained school—
(i) the governing body, and
(ii) if another local authority is responsible for determining the arrangements for the admission of pupils to the school, that authority, or
(b) in the case of an Academy school or alternative provision Academy, the proprietor.

(2) Where a local authority decides to specify a maintained school, Academy school or alternative provision Academy in a school nomination notice the authority must, before serving the notice, serve notice in writing of their decision on—
(a) in the case of a maintained school—
(i) the governing body,
(ii) the head teacher, and
(iii) if another local authority is responsible for determining the arrangements for the admission of pupils to the school, that authority, or
(b) in the case of an Academy school or alternative provision Academy—
(i) the proprietor, and
(ii) the principal.

(3) A notice under subsection (2) must be served without delay, and in any event before the end of the period of 15 days beginning with the expiry of the period specified in the notice under section 436H.

(4) A person on whom a notice is served under subsection (2)(a)(i) or (iii) or (b)(i) may apply to the Secretary of State for a direction under this section and, if they do so, must inform the local authority which served the notice.

(5) An application under subsection (4) must be made—
(a) if the notice is served on a school day, before the end of the period of 10 school days beginning with the day on which the notice is served, or
(b) if the notice is served on a day that is not a school day, before the end of the period of 10 school days beginning with the first school day following the day on which the notice is served.

(6) If the local authority which served a notice under subsection (2) is not informed of an application under subsection (4) within the period specified in subsection (5), the authority must serve the school nomination notice without delay, and in any event before the end of the period of five days beginning with the day after the day on which the period specified in subsection (5) ended.

(7) Where the Secretary of State gives a direction under this section—
(a) the school or schools to be specified in the school nomination notice are to be determined in accordance with the direction, and
(b) the school nomination notice must be served without delay, and in any event before the end of the period of five days beginning with the day after that on which the direction is given.

436N Amendment of school attendance order

(1) This section applies where a school attendance order under section 436I is in force in respect of a child, other than a child for whom the local authority maintains an EHC plan.

(2) If at any time—
(a) the person on whom the order is served applies for the child to be admitted—
(i) to a school maintained by a local authority, an Academy school or an alternative provision Academy, and
(ii) which is different from the school named in the order,
(b) the child is offered a place at the school as a result of the application, and
(c) the person requests the authority that served the order to amend the order by substituting that school for the one currently named, the authority must comply with the request.

(3) If at any time—
(a) the person on whom the order is served applies to the authority for the child to be admitted—
(i) to a school not maintained by a local authority, an Academy school or an alternative provision Academy, and
(ii) which is different from the school named in the order,
(b) the child is offered a place at the school under arrangements made by the authority under which the fees payable in respect of the education provided at the school are to be paid by the authority under section 517, and
(c) the person requests the authority to amend the order by substituting that school for the one currently named, the authority must comply with the request.

(4) If at any time—
(a) the person on whom the order is served applies for the child to be admitted—
(i) to a school not maintained by a local authority, an Academy school or an alternative provision Academy,
(ii) which is different from the school named in the order, and
(iii) in respect of which no application is made under subsection (3),
(b) the child is offered a place at the school as a result of the application,
(c) the school is suitable to the child’s age, ability and aptitude and to any special educational needs the child may have, and
(d) the person requests the authority to amend the order by substituting that school for the one currently named, the authority must comply with the request.

436O Revocation of school attendance order on request

(1) This section applies where a school attendance order made by a local authority under section 436I is in force in respect of a child.

(2) The person on whom the order is served may at any time request the local authority to revoke the order on the ground that arrangements have been made—
(a) for the child to receive suitable education otherwise than at a school, where the order was served as a result of the person failing to satisfy the local authority that the child is receiving suitable education;
(b) for the child to receive education, otherwise than at a school, that is in their best interests, where the order was served as a result of the person failing to satisfy the local authority that it is in the best interests of the child to receive education otherwise than by regular attendance at school.

(3) The authority must comply with a request under subsection (2), unless the authority is of the opinion that the arrangements mentioned in subsection (2)(a) or (b), or both, as the case may be, have not been made for the child.

(4) If a person is aggrieved by a refusal of the local authority to comply with a request under subsection (2)—
(a) the person may refer the question to the Secretary of State, and
(b) the Secretary of State must give such direction determining the question as the Secretary of State considers appropriate.

(5) Where the child is one for whom the local authority maintains an EHC
plan—
(a) if the name of a school or other institution is specified in the EHC plan, subsection (2) does not apply;
(b) if the name of a school or other institution is not specified in the EHC plan, a direction under subsection (4)(b) may require the authority to make such amendments in the plan as the Secretary of State considers necessary or expedient in consequence of the determination.

436P Offence of failure to comply with school attendance order

(1) If a person on whom a school attendance order under section 436I is served fails to comply with the requirements of the order, the person is guilty of an offence.

(2) Subsection (1) does not apply if the person proves that arrangements
have been made—
(a) for the child to receive suitable education otherwise than at a school, where the order was served as a result of the person failing to satisfy the local authority that the child is receiving suitable education;
(b) for the child to receive education, otherwise than at a school, that is in their best interests, where the order was served as a result of the person failing to satisfy the local authority that it is in the best interests of the child to receive education otherwise than by regular attendance at school.

(3) The reference in subsection (1) to failure to comply with the requirements of a school attendance order includes causing a child to cease to be registered at the school named in the school attendance order.

(4) Subsection (3) does not apply in circumstances where—
(a) the school has, pursuant to section 436J or 436N, ceased to be the school named in the school attendance order, or
(b) the school attendance order has been revoked pursuant to section 436O.

(5) A person who—
(a) fails to comply with the requirements of a school attendance order under section 436I by not causing a child to become a registered pupil at the school named in the order, and
(b) is convicted of an offence under this section in respect of the failure, may be found guilty of an offence under this section again if the failure continues.

(6) If, in proceedings for an offence under this section, the person is acquitted, the court may direct that the school attendance order ceases to be in force.

(7) A direction under subsection (6) does not affect the duty of the local authority to take further action under section 436I if at any time the authority is of the opinion that, having regard to any change of circumstances, it is expedient to do so.

(8) A person who commits an offence under this section is liable on summary conviction to imprisonment for a term not exceeding the maximum term for summary offences or a fine not exceeding level 4 on the standard scale (or both).

(9) In subsection (8), “the maximum term for summary offences” means—
(a) if the offence is committed before the time when section 281(5) of the Criminal Justice Act 2003 comes into force, six months;
(b) if the offence is committed after that time, 51 weeks.”

(3) In section 572 (service of notices and other documents), at the end insert—
“(4) This section does not preclude any notice or order under sections 436H
to 436O (which relate to school attendance orders in England) from being served by any other effective method.”

(4) In Schedule 1 (pupil referral units), before paragraph 14 (but after the heading “School attendance orders”) insert—

“13A (1) Where a pupil referral unit is named in a school attendance order made by a local authority in England under section 436I—
(a) the local authority must without delay, and in any event within the period of five days referred to in section 436I(5)(a) inform the teacher in charge of the unit, and
(b) if another local authority is responsible for determining the arrangements for the admission of pupils in the unit, that authority must admit the child to the unit, but paragraph (b) above does not affect any power to exclude from a unit a pupil who is already a registered pupil there.

(2) Section 436K(4) does not apply in relation to a pupil referral unit.

(3) A local authority in England—
(a) must, in a case where another local authority is responsible for the admission of pupils to a pupil referral unit, consult that authority before deciding to specify that unit in a school nomination notice under section 436K, and
(b) if the authority decides to specify the unit in the notice, must serve notice in writing of their decision on that authority.

(4) Section 436M(3) to (7) applies where notice is served on a local authority under sub-paragraph (3) above as it applies where notice is served under section 436M(2).

(5) The parent of a child in respect of whom a school attendance order under section 436I is in force may not under section 436N request the local authority to amend the order by substituting a pupil referral unit for the school named in the order.

(6) Where a child is a registered pupil at both a pupil referral unit in England and at a school other than such a unit, the references in section 444 to the school at which the child is a registered pupil are to be read as references to the unit.”

27 Data protection

After section 436P of the Education Act 1996 (as inserted by section 26) insert—
“Children not in school and attendance orders in England: data protection
436Q Data protection

(1) This section applies to a duty or power to process information where the duty or power is imposed or conferred by or by virtue of section 434A, any of sections 436B to 436P and Schedule 31A.

(2) A duty or power to which this section applies does not operate to require or authorise the processing of information which would contravene the data protection legislation (but the duty or power is to be taken into account in determining whether the processing would contravene that legislation).

(3) In this section “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).”

28 Guidance on children not in school and school attendance orders

After section 436Q of the Education Act 1996 (as inserted by section 27)
insert—

“Guidance on children not in school and school attendance orders: England
5436R Guidance
In exercising its functions under sections 436B to 436O, a local authority
must have regard to any guidance given by the Secretary of State.”

29 Children not in school: consequential amendments

Schedule 1 contains consequential amendments relating to section 26

Honestly, no one is gong to read all that. No one gave a fuck about my privately educated kids having their education disrupted so I’m not going to care a jot about anyone else’s. All these people who voted Labour….enjoy!

Only just noticed my typo in the title - have asked MNHQ to edit it!

There's a group taking the government to court over it. Unfortunately home edders have been under a sustained attack for 6 years +, this is just the latest, and worst so far.

Honestly I'm all for people making their own educational choices for their kids and home edding but really this should be no issue for those legitimately actually educating their kids rather than those who just want their kids to mess around all day and call it "home education" and it will protect the kids known to social services from abuse and neglect because there have been countless deaths from the current lack of system.
This brings the UK in line with other European countries who have had these laws for ages e.g. Ireland. I really can't get worked up about this or see any issue for any legitimate home educators who want their children to actually receive a better education at home.
And I think anyone legally challenging this has too much time on their hands and should spend some of that actually educating their children instead of unschooling them or some other passive unparenting nonsense.

It's just one of those things following several recent high profile cases where children who came to harm also happened to have been HE.

Similar to when they brought in appraisal for doctors following Harold Shipman. Complete waste of time and would be highly unlikely to identify the next Harold Shipman anyway, but the general public feel better as "something has been done"

Good god that's way to long, so I haven't read through it, but what I will say is there are some children who definitely should not be home schooled due to parenting and those children whether the parents like it or not should definitely be kept in school and that includes sen children and sometimes more so as they are more at risk of abuse. By that I am.not saying all but those children who are at risk in any way shape or form there has to be a way to keep these children safe!

The problem with the current bill apart from penalising us for making a perfectly legal choice, is that it has no parameters. It gives the local authority the power to declare that my education isn't suitable if I refuse to allow them access to my home or forget to update them within 15 days if any of the people who come into contact with my child for educational purposes changes. I could be sent to prison for up to a year if I refuse to send my child to school. My refusal would be based on the fact that my child's mental health would likely be irrevocably damaged by forcing them into a mainstream school environment. There are no guidelines as to what a suitable education is, it's all down to one person from the local authority deciding you're not doing a good job or if you're unlucky they don't like you. It is utterly subjective and this bill is allowing for anything and everything to be considered. They are giving the local authority the right to enter your home without your permission, the only other people who can do that are the emergency services and they have to believe someone's life is in danger!
Everything they need is already in place they just don't use it effectively. The vast majority of Home Educated children are already on a register and those who have died and were being Home Educated were almost without exception already known to the authorities. If you're abusing your kids and you're under the radar you sure as hell aren't going to sign up to a register.

I might have been interested in this discussion but you lost me by copying all that text. It's unreadable.

Sounds like home educating parents are another class of parents (like those with kids in private school) that the government sees as dispensable as voters. I have no idea why. Especially considering that home educators too are saving taxpayers a lot of money by taking the financing of their children’s education upon themselves.

I’m sad to see a whole group of parents being cast as objects of suspicion with these incredibly sweeping powers and worried for the kids with SEN who can’t go to school and need a breathing space at home. ‘Deciding to home educate’ may not be clear cut and i wouldn’t want hard pressed parents whose kids have already been failed in mainstream to fall foul of this.

OP I can’t follow all this text though. I’m sorry.
Is there a campaigning charity who have an easy guide to responding, like a template for writing to a MP, that you could link to?

I did actually read the bill for work purposes though and felt disgruntled.

I think it is a bit much to make parents whose child has an ehcp in mainstream, have to get permission to remove their child from school for home education, when there are no safeguarding concerns. Children without an ehcp and no safeguarding concerns don't need permission and I can't really understand the justification.

I know sen is a risk factor for abuse, but they arent saying families with any risk factor have to get permission, only those with an ehcp or an actual safeguarding concerns. Having a risk factor isn't the same as an open concern.