Update on the Children’s Wellbeing and Schools Bill
The imminent passage of the Children’s Wellbeing and Schools Bill will mean that parents in England and Wales will soon be required to register any home‑educated child with their local authority. This applies both to children newly withdrawn from school and to those already being educated at home. This is not yet law and although the Bill is likely to be passed very soon, it cannot be implemented until further secondary legislation (such as Statutory Guidance for schools and local authorities) has been published — in most cases following a period of consultation.
The following clauses of the Bill will impact home educating parents:
Information required from parents on the register: Clause 436B
Parents will be mandated to provide:
- Details of parents who are home educating the child.
- Details of any other providers.
- All current and recent past addresses for the child.
- Updates every three months if the education provider changes.
The local authority will be able to add other information that they already hold and they will be allowed to ask for further details such as your child’s protected characteristics or previous contact with Social Services.
LA gets authority to request home visits Clause 436B
Within 15 days of a child being added to the register, the local authority may request a home visit to meet the child and assess the suitability of the home for education. If parents refuse, the law will direct the local authority to consider starting the school attendance order process.
New situations requiring Local Authority consent Clause 434A
There will be more circumstances in which parents must obtain local authority consent before removing a child from school. Consent will be based on what the authority believes is in the child’s ‘best interests’. The Government originally included the following circumstances:
- Children with a current Child Protection Plan.
- Children subject to an active Section 47 Child Protection Enquiry.
A Lords amendment added:
- Children who have had a Child Protection Plan within the past five years.
Pilot Scheme of mandatory meetings before withdrawal from school Clause 434B
The Bill includes the introduction of a ‘pilot scheme’ in 30% of Local Authority areas whereby parents (and their child) who wish to home educate will have to attend a meeting with their Local Authority and the school to discuss home education and their respective duties. Children will legally have to attend school while they wait for the meeting.
The Secretary of State has the power (via affirmative action) to roll out the scheme across the country after two years of running the pilot.
Independent Education Institutions
The Bill would require all providers of full–time education to register as independent schools. At present, providers that offer only religious education are exempt from this requirement, so this represents a significant shift—particularly for some Jewish communities where children may receive a full-time Yeshiva education.
The Bill also proposes changes to the definition of full–time education. Although the exact criteria are still unclear, it indicates that factors such as the number of hours taught, the time-of-day teaching takes place, and the proportion of a child’s overall education delivered by the provider may all be considered.
In the Bill itself there is no reference to an institution delivering most of a child’s education as a test for whether it constitutes full time education. This is contained within a Department of Education policy note.
What this shift in definition means in practice will be determined in secondary legislation, but there is a possibility that small learning communities would come into scope for registration as independent schools if they meet the criteria for an institution that provides full time education.
What happens next?
The Bill is still in ‘ping pong’ which is the phrase used to describe the discussions between the House of Commons and the House of Lords as to what is included in the final version of the Bill. All the ‘Children Not in School’ clauses have been agreed upon, but the clauses about proposed restrictions on social media are still under discussion. The Bill was considered again by the House of Lords after a debate in the House of Commons on the 15 April, and it is likely to get Royal Assent before the prorogue of Parliament in May, and at that point the Bill becomes an Act and is law. However, the Act cannot be fully implemented until the Statutory Regulations are written. Most commentators think that this will likely be by September 2027, but we don’t know yet. After the Bill gains Royal Assent, the Government will hold a consultation which will last several months. It will be important for all concerned parents to engage with this. ParentPower will alert parents and offer advice on responding when it is published.
ParentPower Team
