You do have to wonder what is the WHY
The Children’s Unhappiness Bill (as nicknamed by me) but known by the Government and officially as the Children’s Wellbeing and Schools Bill. It appears to lack a specific purpose. It contains lots of sticky plasters for existing legislation, but forgets the problem probably needed a splint or cast. I surprised myself. I found a handful of positives in these sticky plasters. They were not in the home education sections though. The main improvements were made to the language from the current legislative wording. I did not find meaningful change that would directly improve children’s wellbeing.
To properly understand the implications of this Bill. There is a lot to read (approx 516 pages). That is before you consider the impact of the current wording. Then consider the why for leaving so much to secondary legislation and guidance. The Children’s Wellbeing and Schools Bill, and its accompanying documents the Explanatory notes, the Delegated Powers Memorandum, and the Human Rights memorandum and it is probably wise to also read Children’s Wellbeing and Schools Bill 2024: policy summary notes.
Why do I suggest you read that last document? For key nuggets of information. To understand why certain things are not obviously in the bill as they have been intentionally left for guidance. Guidance does not get government scrutiny in the same way as a government bill. It is also notoriously difficult to challenge. It is often written with “wishy washy” wording, that leads to what we observe day to day supporting families. A wide disparity in interpretation by local authorities in how they behave towards home educating families.
A heads up on the policy summary notes scroll to page 82 to find this beautiful nugget.
Guidance to be given on registration of children not in school and use of School Attendance Orders
The power gives the Secretary of State the ability to issue statutory guidance to local authorities on how they must exercise their duties in relation to keeping registers and the SAO process. The final contents of the guidance will be subject to consultation with stakeholders; however, we would expect it to include information such as:
• How local authorities should engage with home educating families in relation to Children Not in School registers.
• Entering / recording of information on registers.
• Procedures for changes to registers (amendments, deletions).
• Information sharing practices
• Guidance on the minimum requirement of support to offer to home educators,
• Considering the home and other learning environments.
I have highlighted the two biggest concerns for me. Do they also give you cause for concern.
Unfortunately, to truly understand the full impact of the bill your reading does not stop there. It makes changes to many other bits of legislation. It also needs to be interpreted through compatibility with other legislation. I am trying to include most of them below. This enables you to read the main bill, and its accompanying documents. When you find yourself seeing an interaction with a different bit of legislation, you can quickly find it to decide for yourself the true impact. If you find a genuine impact that will directly improve children’s wellbeing please point it out to me.
Just remember to check you have got the latest available ticked.
Children and Social Work Act 2017
Children (Secure Accommodation) Regulations 1991
Criminal Justice and Courts Act 2015
Children and Young Persons Act 1933
Children and Young Persons Act 1963
Children and Families Act 2014
Education Regulations (Specified Work) (England) 2012
Skills and Post 16 Education Act 2022
Education and Adoption Act 2016
Education and Inspections Act 2006
Education (Educational Provision for Improving Behaviour) Regulations 2010
Adoption and Children Act 2006
Local Authorities Social Services Act 1970
School Standards and Framework Act 1998
The School Attendance (Pupil Registration) (England) Regulations 2024
Data Protection Act 2018 where it interacts with this legislation this must be read with being mindful of the Data (Use and Access) Bill ( I paid close attention to schedule 4) which is currently further along in the process than the Children’s Wellbeing and Schools bill, and if enacted will make amendments to the Data Protection Act.
Police and Criminal Evidence Act 1984
I have intentionally not included the guidance and standards documents that the bill will interact with. The amount of education based legislation affected it does beg the question why use a sticky plaster method. Particularly as some measures,seem to be half measures. They require more legislation after the Children’s Wellbeing and Schools bill to properly implement.
Michelle Zaher 29/12/2024
Educational Freedom
Staffordshire website design and website SEO by Fellowship Studios.
Keep up to date with home ed news, important info and some fun stuff.
