THE REGISTRATION SCHEME
The Register: Content and Application Process
Section 19A requires a local authority to keep a register of home educated children. Subsections (2) and (3) enable regulations to be made about the way in which local authorities will maintain and amend the register.

We envisage

Envisage [vb] (tr) 1. to form a mental image of; visualize; contemplate 2. to conceive of as a possibility in the future; foresee. It strikes me that the repeated use of this word by people who aren’t afraid to say ‘ensure’ when that isn’t even possible, is intentional. Envisage is vague, it makes no promises, no commitments, it’s just a picture they’ve dreamed up in their heads of how they would like, or maybe how they imagine we would like, the future to turn out. Personally I can envisage Ed Balls sulking on the opposition benches having failed to get himself elected leader of the Labour party and it’s a mental image that gives me some pleasure.

that regulations relating to the maintenance of the register will cover matters such as the local authority’s duty to keep the register up to date, making it clear that local authorities can keep the register in any format that is effective eg paper or electronic. The regulations will clarify that the register will not be publicly available and that access to the register must be restricted to people who need to inspect the register in order to gain information about a home educated child for the purposes of carrying out other functions of the local authority (for example in relation to children missing education or safeguarding) or else the monitoring or support of home education.

Oh yes because you and the local authorities have SUCH a good track record when it comes to keep children’s personal data secure. [cough ContactPoint]

We envisage

glorious summer days paddling in streams and climbing tress with a picnic on the grass and … oh sorry, got lost ‘envisioning’ there. Where were we? oh yes

that regulations covering maintenance and amendment of the register will require local authorities to accept information from parents in a manner that is least burdensome, for example in writing, by electronic means or by a telephone call.

Any limits on what we can write it on, or what languages it can be in?

They should also make provisions for allowing local authorities to make changes to the register where information other than from the parent suggests that the register needs amending – when the family moves house, for example without notifying the local authority. These provisions will ensure that where details are incorrect owing to an oversight by the parents, amendments to the register can be made by the local authority rather than the local authority having to consider revocation under 19F (1) (b) and a fresh application to register.

See how they pick an example which sounds reasonable and then allow the local authority the OPTION of not punishing the family by revoking their licence. Of course there will be lots of other information on the ‘register’ which might change.

Sections 19B and 19C provide that regulations will cover the manner in which the application will be made, what needs to be included in an application and the entry of a child’s details onto the register.
Manner in which the application will be made: Local authorities will decide how they want to populate and maintain the register, for example on line, in writing or in person; at the local authority’s offices, at a school or at a library or other public building. Guidance will say that in doing so they should take into account the views of home educators locally about how the process might work and operate on the principle that registration should be convenient for home educators. It would be best practice to agree arrangements through the consultative forum that Graham Badman’s report on home education suggested each authority should create.

But as always they can totally ignore our views and make the process as onerous and inconvenient as they like. Some will do so out of pure spite.

What is to be included in an application : Regulations will provide that applications for a child’s details to go on the home education register should include the child’s name, address and date of birth; gender; race; religion; special educational needs including whether or not the child is statemented; whether the child has any disability; the names and addresses of those with parental responsibility; other addresses the child has lived at over the past 5 years if of compulsory school age; contact telephone number(s) and email address; place of education, or where most education is carried out if different from the residential address; name of person providing the education if not the parents; details of any previous refusal of or revocation of a registration to home educate and details about the reasons for refusal and the local authority in whose area this refusal or revocation took place; details of any school attendance order served; name of any school that the child has been withdrawn from prior to being home educated. Parents may refuse to supply information such as race, religion and special educational needs but must supply the other information specified.

Why do they need previous addresses for the last 5 years? Email address, why will we HAVE to provide an email address? Not everyone HAS an email address, and yet you make providing one compulsory.

An application should be made within 20 days of the start of home education although there will be transitional provisions covering those parents who are already home educating who we propose should be given 3 months to come forward for registration once the relevant provisions in the Bill are commenced.

And to get our yellow stars sewn on.

Applications will also have to include a statement giving information about the child’s prospective education. Regulations supported by guidance will set out what should be included in this statement and the form it should take and more information on this document is provided at para 29 below. We envisage that it should be provided in written or electronic form as best suits the parents.

OK that’ll be AppleWorks 6 format then.

Regulations will also provide for flexibility around the provision of this statement, so that if a parent is unable to provide the statement with the initial application information (because for example they need more time or support from the local authority to prepare it) regulations will specify that a parent may give an undertaking to provide the statement within a period determinedby or in accordance with regulations which we envisage should not be more than three months after the date of application. Information such as names, addresses, contact details, previous history of home education registration and the statement of prospective education (or an undertaking to provide one) will be core information and if it is not provided the application will not be “in the prescribed manner” and the local authority will be unable to register that child. Guidance will make it clear that local authorities should work cooperatively with parents and should assist them in registering through ensuring that administrative errors in applications (eg dates that are inconsistent) are investigated and rectified promptly and in a manner that is not onerous to applicants.

Oh joy, more envisioning. Remember this is pie in the sky no commitment to anything language.

Local authorities will be able to specify a period, prescribed by or determined in accordance with regulations, within which an application to enter on their home education register the details of a child whose previous application has been refused or revoked, may not be made unless the authority is satisfied that there has been a change of circumstances that justifies an application being made within that period. We envisage that the local authority will have discretion to determine a period on a case by case basis not exceeding one year, within which no repeat application may be made. The period specified by the local authority should reflect the authority’s assessment of how long it will take for circumstances to change such that parents might reasonably expect that a renewed application would stand a reasonable chance of success.

One year? But no, there’s an ‘envisioning’ in that sentence, that’s not a commitment. Even a nice local authority with staffing and budget constraints will be inclined to make the reapplication period a long one and the upper limit isn’t fixed, it could be for life.

The regulations will also specify the information to be held on the register which is likely to include the child’s name, address and date of birth; names and addresses of those with parental responsibility; other addresses the child has lived at over the past 5 years if of compulsory school age; contact telephone number(s) and email address; place of education, or where most education is carried out if different from the residential address; any previous refusal of or revocation of a registration to home educate and details about the reasons for refusal and the local authority in whose area this refusal or revocation took place; name of person providing the education if not the parents; gender; race; religion; special educational needs including whether or not the child is statemented; and any disability.

Did they copy paste this document together, because they do seem to be repeating themselves a lot, virtually the same thing just 3 paragraphs back.

Information of a statistical nature such as gender, race, religion or special education needs will not be a requirement for registration although applicants will be encouraged to provide it in order that local authorities can provide appropriate training for staff, ensure that appropriate staff are selected to conduct monitoring, and in order to inform national policy

Pardon me for being picky, and I am opposed to the whole thing, but on what planet exactly are special education needs ‘information of a statistical nature’?

Where a family has more than one child that is being home educated, a separate application will be needed in respect of each child although local authorities should identify ways to simplify the registration process for families with several children, particularly where the details supplied in respect of each child are similar.

No shit Sherlock.

Registration of a child: Once an application has been made in the prescribed format the child must be registered unless one of the specific grounds for refusing the application set out under 19B is satisfied. There is therefore a presumption of registration unless one of the specified grounds is satisfied. The grounds are (broadly), previous refusal or revocation of a home education application; inaccurate or inadequate information; and welfare issues.

‘Broadly’ but the devil as they say, is in the details. As a reminder, this document exists to pull the wool over MP’s eyes and convince them that the bill is reasonable and proportionate.

The local authority will have a discretion to register (or refuse to register) where a previousapplication has been rejected, registration has previously been revoked, or a school attendance order has been served and is still in force.

Even where the previous rejection was for purely procedural reasons.

Regulations may make provision about matters that are or are not to be taken into account by an authority in making any decision not to register and what steps should be taken by a local authority in the process of making its decision.

So in other words the DCSF and whoever is then Secretary of State will have the power, without any parliamentary oversight at all to include absolutely anything they want as grounds for refusing registration. ANYTHING.

In relation to a decision to refuse to register on these grounds the regulations will make it clear that the grounds for refusal or revocation must be substantial to protect parents from arbitrary decisions or those with a purely administrative basis.

And I’m the Queen of Sheba.

In respect of the local authority discretion to refuse registration where registration has been previously refused or revoked we envisage that each case must be considered on its own merits.

Envisioned again which means local authorities will be left to their own devices.

The sorts of factors which might affect this are where there have previously been educational or welfare concerns but circumstances have now changed.

The local authority also has a discretion to register (or refuse to register) if it considers that material information provided by the parents is inaccurate or that material information relating to the application has not been disclosed.

Another massive opportunity for abuse and prejudice then.

Regulations will provide that the authority should consider whether to contact other local authorities, children’s services colleagues and/or schools if they think it is likely that they will have information that has a bearing on the application to home educate. Regulations will also specify that local authorities will not be required to accept another authority’s decision to refuse or revoke registration but can take it into account when receiving applications from home educators moving into their area. There are provisions in the legislation which will allow local authorities to share information amongst themselves relevant to home education registration decisions to ensure that families moving from place to place can register as quickly and efficiently as possible (19 H).

So if your local EHE inspector doesn’t like you there will be no escape, you will be marked for life.

Section 19B requires LAs to refuse registration where they consider that home education would be harmful to the child’s welfare.

Which some people think home education ALWAYS is.

Regulations and guidance will set out the sorts of circumstances in which this will or will not be appropriate and what steps local authorities will have to take in reaching any decision on a child’s welfare.

Never mind, I’m sure you’ll make it wide ranging and vague enough to allow absolutely anyone to be refused ‘registration’.

The sorts of circumstances where we envisage that local authorities may have to consider carefully whether in their view home education may be harmful to the child are, for example, where a child has a child protection plan which specifies that the child must attend school, or where the local authority considers that the child is a child in need (s17 Children Act) because they are suffering or likely to suffer significant harm. This may include cases where there is a history of domestic violence, serious neglect, domestic chaos related to mental illness or addition, or other forms of child abuse. Local authorities may also decide that children who are the subject of a s47 Children Act enquiry may not be registered because of the circumstances that triggered the enquiry. We expect these cases to be very few in number with local authorities considering each case on its merits [and without making any general rule about particular types of case]. Parents refused registration will be informed of the grounds for this decision and will have the right to appeal against the decision to an independent panel.
Regulations will require local authorities to acknowledge applications for registration and to make a decision on registration within a reasonable period, possibly 20 working days. Local authorities may not make any charge for registration or monitoring.

So there will be an appeals process with an ‘independent’ panel. This wouldn’t be the same kind of ‘independent’ that Graham Badman was? Pardon me if I’m not exactly reassured by this ‘independent’ panel, I’d personally have preferred a court. Oh and not charging us to be licensed and monitored? As if all this wasn’t bad enough it actually crossed your minds that you might make us pay for our own oppression?

Last Modified: Friday, January 22nd, 2010 @ 16:23

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