Plans for compulsory registration in Wales

[FionaJNicholson]

edyourself.org/articles/EnglandandWales.php#registrationplans

The Education (Wales) Bill will set out a number of proposals, including the registration of children of compulsory school age who are home educated. The basis of the provisions within this Bill will be formed by the consultation on the educational provision made by home-based educators [expected in September 2012]

The Government plans to bring forward the Bill in Spring 2013, and the timing of the Bill will partly depend on the progress of public sector workforce reform proposals. Click here for more details about how a new law is made in Wales, There is no Second Chamber in Wales which is equivalent to the House of Lords at Westminster.

A new workshop has just been arranged for Friday September 14th in Wrexham to
discuss the Welsh Government plans for compulsory registration.

edyourself.org/articles/conferences.php#wales2012

Welsh Government Children/Young People Workshop Dates, 18-30 October 2012
edyourself.org/articles/wrexhamworkshop.php#childvoice

Thursday 18 October 2012 10:30 at Royal Welsh Showground, Powys
Friday 26 October 2012 10:30 at All Nations Centre, Cardiff
Tuesday 30 October 2012 10:30 at Conwy Business Centre, Conwy

These events are also open to adults. Each event will last approximately two hour with light refreshments available on arrival. To book a place at one of the events please email: [email protected]

Much of the Welsh home education consultation document hinges on what the Welsh Assembly Government calls 'the section 436A duty'.

Here's a quote from the consultation document:

"Background

1 Section 7 of the Education Act 1996 places a duty on the parent to ensure that their child receives a full-time, efficient education suitable to the child's age, aptitude, ability and any special educational needs (SEN) they may have. They can fulfil this duty by sending their child to school on a regular basis or otherwise (e.g. by educating them at home). For the purpose of this consultation document the term ?parent? includes any person with parental or caring responsibility.

2 Section 436A of the Education Act 1996 places a duty on LAs which consists of two parts. The first part requires a LA to identify (so far as it is possible to do so) all learners of compulsory school age in their area who are not on a school roll. The second part requires a LA to establish if such learners are receiving a suitable education. In the remainder of this document we describe this duty as 'the section 436A duty'."

edyourself.org/articles/welshconsultationdoc.php#background436Aduty

The Welsh Assembly Government operated a different timetable from England. CME was enacted in England in February 2007 but did not become part of the law in Wales until September 2009. Statutory guidance on Children Missing Education was not published until April 2010 and weighs in at 130 pages.

I've been asked who DOES actually count as Children Missing Education, ie to whom does the section 436A duty in Wales refer.

CME Guidance 2010 (Wales) has the following to say
edyourself.org/articles/welshconsultationdoc.php#section436A

Vulnerable Groups Children Missing Education Statutory Guidance Wales 2010

2.4 In some instances the whereabouts of children and young people will be known to the authority but they are not yet in provision, this group includes, for example, those: for whom a school place has been offered and refused and an appeals process is taking place; who have been permanently excluded and are awaiting placement; who are newly arrived in the county or country; are seeking school places and they are known to admissions; or where the local authority has significant grounds for believing that satisfactory home education is not being provided by parents.

2.20 There is a range of proactive approaches that local authorities and their partner agencies can take to reduce the risk of children and young people not receiving a suitable education. Existing good practice falls broadly into the following categories where the local authority introduces measures to: provide named points of contact to receive notification of children and young people from other agencies; identify vulnerable groups and individuals who are recognised as being at greater risk; ensuring that they receive appropriate support and tailored provision; reduce the likelihood that children and young people fall out of the education system through transition tracking and audits of the rolls and registers of schools; ensure full usage of and training related to s2s and the lost pupil database; follow-up cases where children and young people are known not to be receiving a suitable education at home and use existing section 437 powers of the Education Act 1996 to issue a school attendance order if needed; ensure ongoing monitoring and tracking of vulnerable groups including those who have been excluded from school; Looked After Children and those registered as receiving education otherwise than at school; identify and locate children and young people who are not receiving a suitable education, via truancy sweeps; follow-up admission applications that do not result in a school place and unsuccessful admission appeals; and re-engage children and young people with appropriate educational provision, for example via multi-agency panels to broker admissions.

Identifying and Supporting Children and Young People at Risk of Going Missing from Education

3.1 Learners are less likely to go missing from education if vulnerable groups and individuals who are recognised as being at greater risk are identified early, appropriate support given and their progress monitored.

3.3 Children and young people within the youth justice system and those at risk of becoming involved in crime/ Asylum seeking or refugee families/ Children and young people who are at risk of forced marriage/ Children and young people who are taken on extended holidays or heritage visits by their family/ Children and young people at risk of sexual exploitation; including those who have been trafficked to or within the UK/ Children of Migrant Workers/ Children and young people with a Gypsy, Traveller or Roma background and children from transient families/ Children and young people from homeless families living in temporary accommodation, houses of multiple occupancy or bed and breakfast/ Children and young people from families fleeing domestic violence and those living in women's refuges/ Children and young people with long-term medical or emotional problems/ Looked After Children and unaccompanied asylum seekers/ Children and young people who are privately fostered/ Young parents and pregnant young women/ Children and Young People who have been excluded/ Children and young people previously educated within the Independent sector who are excluded or withdrawn/ Young Carers/ Children who are on the child protection register/ Children and young people who may be victims of crime - unexplained absence/ Young Runaways."

I just sent the following Freedom of Information request to Welsh local authorities

edyourself.org/articles/FOIwales2012.php

"Hi

I am carrying out a survey of current practice in all local authorities in Wales with respect firstly to the home education guidelines, Inclusion and Pupil Support - Section 6 - Elective Home Education (1), and secondly with respect to Estyn's inspection criteria for home education services.(2)

I would be very grateful if you could answer the following questions. Please be aware that I will be seeking permission to publish all responses on my website here

1/ How many School Attendance Orders has the authority served in the past 12 months?

2/ Does the authority have a named contact within the authority who is familiar with home education policy and practice and who has an understanding of the relevant legislation and a range of educational philosophies?

3/ If yes, to question 2/ could you please supply me with details of the named contact?

4/ Does the authority send information to parents through the post?

5/ If yes to question 4/ could you please give examples of the type of information which the authority has sent in the past 12 months?

6/ Does the authority make contact with home educating families on an annual basis in order to seek a meeting or request an updated report?

7/ Does the authority offer any support to home educating families?

8/ If yes to question 7/ could you please give examples of the type of support offered in the past 12 months?

9/ In relation to the guidance issued by Estyn in 2010, does the authority provide helpful guidance for parents educating their children at home when requested to do so?

10/ How many children in elective home education residing in your area have a statement of special educational needs?

11/ Does the authority have a formal policy or protocol document regarding children who are educated at home and who have special educational needs, or additional learning needs?

12/ If yes to question 11/ could you please supply me with a copy of the relevant policy/protocol document?

References

(1) wales.gov.uk/topics/educationandskills/schoolshome/pupilsupport/inclusionpupilsupportguidance/section6/?lang=en
(2) www.estyn.gov.uk/english/inspection/inspection-guidance/local-authority-education-services-for-children-and-young-people/

Many thanks"

Briefing Paper on Welsh Government Proposals for Home Education

edyourself.org/articles/walesbriefing.php set out as web page
edyourself.org/walesbriefingpaper.pdf (4 page pdf to print/download)

Not yet finished, but thought it might be useful for people going to see
Assembly Members etc.

I've been fettling my Briefing Paper on the Welsh Government Plans for Home Education Registration and the new version is now up here:

edyourself.org/articles/walesbriefing.php
edyourself.org/walesbriefingpaper.pdf (8 page pdf)

The sections are as follows:

Introduction
Terms and Conditions for Registration Scheme
Identifying and Tracking Home Educated Children
Assessing Suitability Education Provision
Using Existing Powers Develop Statutory Guidance Best Practice For LAs
Section 436A Duty: Children Missing Education
Statutory Guidance on Children Missing Education s436A
National Behaviour and Attendance Review
Background: Setting the Scene
Background: Other Legislation 2012-13
Sue Mitchell Welsh Assembly Government Research 2012 Summary
Summary Current Law
Summary Current Guidelines
Current Practice: FOI 2012 (NEW)
Opposition to Proposals
Links

Based on feedback from North Wales' home educators meetings with AMs, I've now added 10 bullet points to the beginning of the Briefing Paper.

edyourself.org/articles/walesbriefing.php#intro
edyourself.org/walesbriefingpaper.pdf

The introduction now reads as follows:

Introduction

"In January 2012 just under a thousand children throughout Wales were recorded as being home educated, which is a 10% increase on the previous year. There were more 15 year olds recorded as being electively home educated than any other age group.[1]

In September 2012 the Welsh Assembly Government announced proposals for substantial changes to local authority procedures for dealing with home educated children.[2] Some of the proposed changes would require the Welsh Assembly to bring in new laws, whilst other changes could be introduced using existing powers in law, without the need to go through the full legislative process.

Passing a new law involves a number of separate stages: public consultation seeking a range of feedback via written responses and face to face discussions; Government response to the consultation; publication of a draft Bill with the opportunity for further consultation; before finally the proposed legislation starts to make its way through parliament and is subject to scrutiny by Assembly Members.[3]

The parent will have to apply to the council for permission to home educate

The application process will involve interviews with the parent and the child

The parent will have to satisfy the council that education is "suitable"

"Suitable education" is to be redefined in law

Access to the home/interviewing children/requiring children to show work are all controversial

All-encompassing "welfare issues" will give discretion to council staff with power to grant or refuse permission to home educate

New definition of "suitable education" preparing for "responsibilities of adulthood" interpreted as mandatory sex education, will give discretion to council staff with power to grant or refuse permission to home educate

Autonomous education may fail the new criteria for annual monitoring of suitable education where "no one aspect of learning is emphasised to the exclusion of others", giving discretion to council staff with power to grant or refuse permission to home educate

Special needs is to be re-categorised as "Additional Needs" and will include school phobics and school refusers. This could be interpreted by some authorities to include children who are taken out of school for home education.

Appeals process is yet to be defined but proposals will undoubtedly give rise to legal challenges"

Workshops to discuss the Welsh Government proposals are taking place in Llandudno on Tuesday 16th AND Llandrindod Wells on Wednesday 17th

edyourself.org/articles/conferences.php#wales2012

Notes from the Wrexham Workshop last month can be found here
edyourself.org/articles/wrexhamworkshop.php

Please share freely, thanks.