Children, Schools and Families Bill/Amendments proposed by Mr Nick Gibb, Tim Loughton and Bill Wiggin, 19 January 2010

This page shows the effect of the amendments to 19C and 19E of Schedule 1 that were proposed to the Bill Committee by Mr Nick Gibb, Tim Loughton and Bill Wiggin on 19 January 2010.

The original amendments are available at the website for the CSF bill.

See also earlier amendments proposed.

Amended text of Section 19A

 * 19A  Maintenance of home education register


 * (1)  A local authority in England shall maintain a register for the purpose of monitoring the provision of education to children of compulsory school age in their area who are not educated at a school or under section 19.


 * (1A) The register referred to in subsection (1) shall not be publicly available.


 * (2)  Regulations may make provision about maintenance of the register.


 * (3)  The regulations may, in particular, make provision about amendment of the register.


 * (4)  In this Act—


 * “home-educated child” means a child all of whose education is provided otherwise than at a school, and not under section 19;


 * “home education register” means a register maintained under this section.

Amended text of Section 19B

 * 19B    Entry of child’s details on home education register


 * (1)  This section applies where—


 * (a)  a parent of a child in the area of a local authority in England has applied to the authority, in the prescribed manner, for the child’s details to be entered on their home education register,


 * (b)  the child is of compulsory school age, and


 * (c)  it appears to the authority that the child is, or is intended to be while still of compulsory school age, a home-educated child.


 * (2)  Unless the authority consider—


 * (a)  that the child is within subsection (6) or (7), or


 * (b)  that subsection (8) applies to the child’s application,


 * they shall enter the prescribed details relating to the child on their home education register.


 * (2A) A decision under subsection (2) shall be made within 20 working days of the receipt of the application from the parent by the local authority.


 * (3)  If the authority consider—


 * (a)  that the child is within subsection (6), or


 * (b)  that subsection (8) applies to the child’s application,


 * they may enter the prescribed details relating to the child on their home education register.


 * But this subsection is subject to subsection (4), and to any provision made by virtue of section 19C(2)(a)).


 * (4)  If the authority consider the child is within subsection (7), they shall not enter the child’s details on their home education register.


 * (5)  The authority shall give the parent notice—


 * (a)  if they enter the child’s details on their home education register, of the registration;


 * (b)  if they decide not to enter the child’s details on the register under subsection (3), of this decision and the reasons for it;


 * (c)  if they consider the child is within subsection (7), of the reasons for this, and of the consequent refusal to enter the child’s details on their home education register.


 * (6)  A child is within this section if—


 * (a)  a parent of the child has previously applied in the prescribed manner for the child’s details to be entered on a home education register (whether maintained by the authority or another authority), and the application (or the most recent such application) did not succeed,


 * (b)  the child’s details have previously been registered on a home education register (whether maintained by the authority or another authority), and the registration (or the most recent such registration) has been revoked under section 19F, or


 * (c)  a school attendance order served under section 437 is in force in respect of the child.


 * (7)  A child is within this subsection if the authority consider that it would be harmful to the child’s welfare for the child—


 * (a)  to become a home-educated child, or


 * (b)  in the case of a child who is already a home-educated child, to continue to be a home-educated child.


 * (8)  This subsection applies to an application for registration of a child’s details on the authority’s home education register if the authority consider that information that has been provided in connection with the application is incorrect or inadequate in a material respect(whether or not it was so when it was provided).


 * (9)  An application is made in the prescribed manner, for the purposes of this section and section 19C, if it is made in a manner determined by or in accordance with regulations under subsection (1).


 * (10)  For the purposes of this section and sections 19C and 19D, references to entering details on an authority’s home education register, in relation to details that are already on the register, include references to keeping those details on the register.

Amended text of Section 19C
19C    Entry of child’s details on home education register: supplementary provision


 * (1)  Regulations may make provision about steps to be taken by an authority in connection with an application for a child’s details to be entered on their home education register.


 * (2)  The regulations may, in particular, make provision about matters that are or are not to be taken into account by an authority in deciding—


 * (a)  whether to register a child’s details under section 19B(3);


 * (b)  whether a child is within section 19B(7);


 * (c)  whether section 19B(8) applies to a child’s application.


 * (3)  Regulations under section 19B(1)(a) may, in particular, make provision within subsection (4) or (5).


 * (4)  Provision within this subsection is provision—


 * (a)  about how an application for registration of a child’s details is to be made;


 * (b)  requiring an application for registration of a child’s details to include a statement giving prescribed information about the child’s prospective education;


 * (c)  requiring an application to include other prescribed information;


 * (d)  about the form in which a statement mentioned in paragraph (b), or any other information required to be included in an application, is to be provided;


 * (e)  for an application for registration to include an undertaking to provide a statement mentioned in paragraph (b), or other prescribed information, to the authority within a period determined by or in accordance with the regulations.


 * (f)   the prescribed information mentioned in paragraph (b) shall not be burdensome and need not require detailed curriculum or teaching plans.


 * (5)  Provision within this subsection is provision permitting an authority to specify a period, prescribed by or determined in accordance with the regulations, within which an application to enter on their home education register the details of a child to whom subsection (6) applies may not be made unless the authority are satisfied that there has been a change of circumstances that justifies an application being made within that period.


 * (6)  This subsection applies to a child if—


 * (a)  a parent of the child has previously made an application in the prescribed manner for the child’s details to be entered on a home education register maintained by a local authority, and the application (or the most recent such application) did not succeed, or


 * (b)  the child’s details have previously been registered on a home education register maintained by a local authority, and the registration (or the most recent such registration) has been revoked under section 19F.