OpenHome Education (Duty of Local Authorities) Bill [HL]

at end insert—
“436AA Duty of local authorities to collect and share information where the proprietor of a school has received written notification from parents that a pupil is receiving elective home education

leave out “monitor” and insert “assess”

leave out “monitor” and insert “assess”

leave out “, physical and emotional”

after “receiving” insert “full time”

at end insert—
Local authorities have a duty to provide advice and information to a parent of a child receiving elective home education if that parent requests such advice or information in relation to their obligations under this section.”

leave out lines 11 and 12

after “education” insert “including flexi-schooling”

at end insert “, including the child’s date of birth”

at end insert—
Local authorities must fully inform parents and carers who register a child under subsection (2), via a short standardised film, of—

at end insert—
An assessment under subsection (3) shall not require or imply a requirement for any particular curriculum, method of teaching or order of educational development.”

leave out “monitor” and insert “assess”

leave out lines 17 and 18

at end insert “and the setting or settings where the child receives all or part of their education”

at end insert “and the parent’s compliance with their duty under section 7 (duty of parents to secure education of children of compulsory school age)”

at end insert—
Where a child receiving elective home education has an Education Health and Care Plan, which is already subject to annual review, any assessment under this section must seek to avoid duplicating processes for the child or parents.”

at end insert “and any setting in which the child receives all or part of their education”

at end insert—
A local authority which has undertaken an assessment under this section must comply with data protection legislation, and, if both parents were not involved in the specific assessment, may only share information with the parent who was not involved with the consent of the parent who was involved.”

at end insert “, including information on whether other adults involved in educating the child have been checked by the Disclosure and Barring Service (DBS).”

at end insert—
A local authority must take such steps as are appropriate to fulfil its duties under subsections (3) to (6)—

at end insert—
Information under subsection (6) must include details of any setting, other than the child’s home, which the child regularly attends for more than 6 hours per week for the purposes of education.

at end insert—
If, as part of an assessment under this section, a local authority wishes to recommend that a child should return to school, it must demonstrate that doing so is likely to result in the child receiving a better education.”

at end insert—
A parent of a child receiving elective home education undergoing an assessment under this section must declare to their local authority whether their child is attending an unregistered school.”

at end insert “, including the role of the parent in agreeing to the final version of any assessment”

at end insert—
If, through complying with the provisions of this section, a local authority is given reason to believe that a child receiving elective home education is being educated by an unregistered school, contrary to section 96 of the Education and Skills Act 2006 (unregistered independent educational institutions: offence), the local authority must report this to Ofsted.”

at end insert—
In this Act “full time” elective home education is provision which in practice precludes the possibility that full time education could be provided by a maintained school within the compass of its ordinary school hours; in normal circumstances, elective home education which occupies more than one fifth of such school hours is full time elective home education.”

leave out subsection (2)

leave out “supervised instruction in”

at end insert “, and
the arrangements in place to provide access to Special Educational Needs and Disability support and facilities, such as laboratories, for children receiving elective home education and the costs associated with taking public examinations.”

at end insert “, and
the arrangements in place to support parents who wish a child receiving elective home education to attend a school for a limited number of days in a year (“flexi-schooling”).”

leave out lines 33 to 35 and insert—
““a child receiving elective home education” is a child of school age who is not registered with a school, as defined under section 4 of the Education Act 1996, or who is registered with such a school but, regularly and with the school’s permission, does not attend that or another such school on all school days, following a decision by their parent to educate them wholly or partly outside the school system under the terms of section 7 of the Education Act 1996; and”

leave out from “child” to “; and” in line 35 and insert “whose parent by choice or circumstance is taking direct responsibility for the child’s education instead of sending them to school full-time”

leave out “monitor” and insert “assess”

leave out “, physical and emotional”