It will take just a few moments of your time and could protect you for many years to come. We have even written the letter ready for you to edit.
It’s simple, the Children Not In School register (CNIS) will be part of the Children’s Wellbeing Bill which we have an educated feeling will be announced in a couple of months. This is likely to coincide with new EHE guidance.
We do not know fully, but preliminary information infers that it will be an offence to refuse to be on the register. How that works is unclear at this time. Currently known home educators are not likely to be given much choice but to be on the register. Unknown home educators could face a fine or court action if they refuse to make themselves known.
On the surface it doesn’t, but then think about it, who else is forced to go on a register? They are all guilty of something!
Forcing home educators on to a register implies guilt. We all know the negative attitudes we currently face from the media, professionals and health workers. We have all seen the horrid experiences many families have with bad EHE teams. We would expect this attitude and treatment to get worse.
We suspect LAs will use this to further their demands for information, to try to enforce home visits or samples of learning (neither are a requirement). We believe the worst LAs will get considerably worse. We are also likely to see some of the better LAs starting to overstep because of pressure from their management to keep the register up to date.
So, it might not have an immediately direct impact on you, but it will have an impact on the whole community and is a fast and slippery slope to home education rights being eroded.
We can honestly see no benefit to a register that includes home educators. The aim appears to want to identify children missing education (CME). LAs should already know who those children are. We have the data to demonstrate some LAs claim to have a large number of CME, whilst others claim to have none. They are not consistent!
And, the extra costs involved will be astronomical, LAs are already short staffed and underfunded, wouldn’t it be much more prudent to use the money to support families who need it rather than looking to punish those doing nothing wrong?
At this stage no one knows, but if the draft we saw is anything to go by, it will be bad, bordering on illegal in places.
Government should be looking at ways to improve services, not give LAs more ammunition to overstep and alienate a hundred thousand plus people! LAs already misuse their powers, our research evidenced this. We see LAs purposely misquoting guidance and law, and we now have information that appears to show LAs misusing their s437(1) and SAO powers to intimidate and coerce families.
At this point we think it is important to build a relationship with your MP. Share what home ed means for your family, explain why their support is important.
You can find the details of your MP here.
You could send something along the lines of this.
Dear MP.
My name is XX, I live at XX (address must be included for MP to know you are a constituent, they will not share your details.)
I would like to tell you a little about my family and ask for your support. I home educate xx number of children, and have done for xx months/years. We came to home education because (EXPLAIN).
You may be aware that as part of the proposed Children’s Wellbeing Bill there is a proposed Children Not In School register. I am writing to ask for your support to ensure home educators are not included on this register. I am also asking that you support us when discussions arise around new EHE guidance. Which based on the draft we saw it is not going to support home educators and could do harm.
‘Children not in school’ implies it will be a list of children who should be in school, home educated children do not fall in to this category. Preliminary information implies that it will be an offence to refuse to be on the register, facing a fine or court action if they refuse to make themselves known and agree to be on the register. I ask you to consider, who else is forced to be on a register? It is usually people who are guilty of a crime. Home educators are not breaking any laws!
You may not be aware but the negative attitudes we currently face from the media, professionals and health workers are widespread and have a massive impact on the community. Support groups see daily the horrid experiences many families have with EHE teams around the UK. XX LA is known to overstep by doing xx/luckily they currently act within the law but this often changes quickly and there is currently little protection from rogue LAs (if you do not know what your LA is like come to our group and let us know you are writing this letter and would like to know what your LA is like) I would expect this attitude and treatment to get worse if we were forced onto a register.
I think my LA will use the register and EHE guidance to further their demands for information, to try to enforce home visits, to show samples of learning or to force a style of learning that may not be suitable to the child (none of which are a requirement). I believe the worst LAs will get considerably worse. It is also likely that the better LAs will start to overstep because of pressure from their management to keep the register up to date. You can see which LAs are a current concern with regards to possible misuse of s437(1) and SAO HERE.
I hope you can see there will be no benefit to including home educators as part of a register. The aim is to identify children missing education (CME) however, LAs should already know who those children are and this does not include home educated children.
Educational Freedom, the UK home education service recently gathered data and conducted research, the data showed that some LAs reported high numbers of CME, whilst others claim to have none. They are not consistent with who they consider CME or how they store the data. The government should be focusing on ensuring LAs have adequate funding and staffing levels to use existing laws and legislation to identify children missing education and adequately support them into education, rather than harassing home educators where no concerns are known. If LAs can not use existing legislation, how do they expect to keep a register accurate?
There is no evidence to support a register, there is no evidence to state they will find the children they think they will find. It is horrible to think it, but the parents who are truly keeping their child out of any education (therefore not classed as EHE) are going to go into deeper hiding, a threat of a fine is not going to make them pop their head above the barricade. Instead, it will punish all home educators.
The extra costs involved with a register or giving LAs more opportunity to involve themselves in the lives of home educators will be astronomical, LAs are already short staffed and underfunded, often resulting in mistakes and an unhelpful relationship.
If the draft EHE guidance is anything to go by, it will be bad, bordering on illegal in places. Government should instead be looking at ways to improve services, to ensure there is support for families who want it, rather than giving LAs more ammunition to overstep and alienate a hundred thousand plus people! LAs already misuse their powers as seen in the research. LAs purposely misquote guidance and law, and there is now possible evidence that LAs could be misusing their s437(1) and SAO powers to intimidate and coerce families. Government should be speaking with organisations like Educational Freedom and home educators on the ground to see exactly what is going on before making any decisions. I am aware the organisation are more than happy to chat with you should you have any questions, so please do contact them.
Home educators are legally responsible for ensuring the child receives a suitable education, this can be through formal and/or informal learning, however it must be suitable to that child. The parent is best placed to know what is right for that child. Not a stranger from the LA. Home educators take this responsibility very seriously with the majority being part of support groups and social groups, they have ample support on hand should they need it. Home education rarely looks like school at home (though this is a style some choose), the children are out in society, they are visible, they have friends, they can take exams, go to college and get a job, they have every opportunity, if not more, than a schooled child. They are at no further risk of harm than a schooled child, in fact previous evidence given to the Education Select Committee explained how home educated children were more likely to be referred to Children’s services than a schooled child, yet the number of Child in Need or Child Protection cases opened were statistically much lower (these malicious referrals are another concern to be addressed). Currently LAs can make informal enquiries to fulfil their legal duty of identifying children missing education, many misuse this power. Claiming they must assess the home education provision, or monitor it, that they must see the child for safeguarding (despite having no active duty or concerns), or that if a parent provides written information about the provision they are lying about it.
There is so much more I can explain to you, but will leave it there as I appreciate your time is valuable, I really appreciate your support to quash the inclusion of home educated children in the CNIS register, and for your support ensuring new EHE guidance does not further cause harm to home educators.
I and Educational Freedom would be happy to discuss any of this further with you.
Yours sincerely
LINKS TO INCLUDE IF YOUR COPY AND PASTE DOES NOT AUTOMATICALLY TAKE THE LINKS:
Research: https://educationalfreedom.org.uk/home-education-research-survey-data-analysis-and-review/
Data: https://docs.google.com/spreadsheets/d/1KmlFpdCzdwun50NuZvxo_Jcekg6dLIaG_NA2KKx93m4/edit?usp=sharing
Misuse of SAO and s437(1) powers: https://educationalfreedom.org.uk/forced-compliance-in-some-las/
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