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Introduction
The DCSF launched a consultation in August 2008 on proposed "Revised Statutory guidance for local authorities in England to identify children not receiving a suitable education"
The consultation is now closed. AHEd's response can be seen here.
Background
The current guidance was issued in February 2007 at the same time that the duty to identify these children was introduced via the Education and Inspections Act 2006. This amended the Education Act 1996, introducing a new section 436a, which reads:
"Children not receiving suitable education
436A
Duty to make arrangements to identify children not receiving education
(1)
A local education authority must make arrangements to enable them to establish (so far as it is possible to do so) the identities of children in their area who are of compulsory school age but—
(a)
are not registered pupils at a school, and
(b)
are not receiving suitable education otherwise than at a school.
(2)
In exercising their functions under this section a local education authority must have regard to any guidance given from time to time by the Secretary of State.
(3)
In this Chapter, “suitable education”, in relation to a child, means efficient full-time education suitable to his age, ability and aptitude and to any special educational needs he may have."
The Department's stated aims of this revision are:
- to reflect the experience of LAs in implementing the duty since it was first introduced,
- to clarify the key priorities that LAs should take into account in order to implement this duty,
- to clarify the data definitions that LAs should use in order to achieve consistency in identification, engagement and tracking of children missing education across local authority areas,
- to strengthen messages about how implementing this duty can help LAs keep children safe, prevent the onset of negative outcomes, and engage effectively with children living in difficult circumstances who need help from specialist agencies.
__The proposed new guidelines will effectively scrap the EHE guidelines and replace them with new statutory guidance that says:__
Local authorities have a duty to make arrangements to enable them to establish whether a child who is being educated at home (under section 7 of the Education Act ) is not receiving suitable education thus completely overturning the EHE guidelines which say:
the LEA should assume that efficient educational provision is taking place, which is suitable for the child, unless there is evidence to the contrary. There is no express requirement in the 1996 Act for LEAs to investigate actively whether parents are complying with their duties under Section 7.
(This is from the Welsh guidelines, I assume there is something similar in the English ones)
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News - January 2009 - Consultation Results.
The consultation summary of results can be seen here
The January 2009 "Revised statutory guidance for local authorities in England to identify children not receiving a suitable education", can be seen here
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