Overview
London Councils recognises that the majority of children who are home educated generally do not present any risk factors in terms of vulnerability, such as safeguarding or radicalisation. However, the current lack of legislative and regulatory oversight means it has become increasingly difficult to ensure that vulnerable children who are being home-educated are identified and protected from harm.
London Councils supported the government’s proposal in 2022 to introduce a duty to maintain a register of children who are not registered at specified schools. It is more important than ever that the government introduces legislation to establish registration and monitoring for all home educated children. The number of families that have been opting for elective home education (EHE) has been increasing since the Covid-19 pandemic. A 2020 survey of London boroughs showed an increase in requests for EHE compared to the preceding year, and more recent DfE data shows that London local authorities were informed of an additional 290 children opting for EHE in a single term, between the 2022/23 Autumn term and 2022/23 Spring term, with 9,830 children on the EHE register in January 2023.
Mandatory registration and monitoring
It is important that local authorities have a register of all the home-educated children in the local area, for the following reasons
- Children educated outside of mainstream education are likely to have less contact with statutory agencies and, in some cases, no contact all and we are concerned that this poses a risk that abuse or neglect will go unnoticed by those with a responsibility to safeguard children. We recognise that only a minority of home educated children present these risk factors, but it is only by monitoring all home educated children that local authorities can identify those children that are vulnerable to harm and act quickly to protect them. In particular, children on a child protection plan or children in need should only be able to be home educated with the local authority’s support.
- We recognise that some children do not have access to good quality education provision through home education. It is important that checks are in place to ensure that all home educated children are accessing a good quality education and can therefore benefit from subsequent employment opportunities.
- We also have concerns about schools off-rolling some pupils, particularly those with Special Educational Needs and Disabilities and other complex needs. At present it is very hard for local authorities to track where this poor practice is taking place; mandatory registration for home educated children would help identify and deal with instances of unlawful exclusions. This would not only enable families in this situation to get support in finding a school that would meet the child’s needs, but would also act as a deterrent to schools practising off-rolling, due to the increased likelihood of instances of off-rolling being picked up.
- Local authorities have statutory responsibilities to promote the welfare of and to safeguard all children, whether they are educated at home or in schools. They also have duties to identify children in their area who are not registered at a school and are not receiving suitable education. However, there is a lack of legislative and regulatory oversight for local authorities in the current system which means it can be challenging to ensure that vulnerable children who are being home-educated are identified and protected from potential harm.
Annual monitoring visits
As well as mandatory registration, London Councils has also been calling for local authorities to be able to make annual monitoring visits to home educated children. Without mandatory monitoring it will be very difficult for local authorities to maintain an accurate register of home educated children in the local area over time. Therefore, London Councils would be keen that the government considers that both duties should be implemented together in order for local authorities to fully be able to fulfil their safeguarding duties to all children in their local areas.
New burdens funding
It is vital to ensure any new duties placed on local authorities around elective home education are fully funded and do not create additional burdens on local authorities.
London Councils' asks of the government
In conclusion, London Councils is calling on the government to:
- Introduce and fund a duty for local authorities to maintain a register of children who are not registered at specified schools or being educated under s.19 arrangements, as set out in the Government’s 2022 White Paper, “Opportunity for all: Strong schools with great teachers for your child”. This should include a duty for parents to register their children when they elect to home educate them.
- Introduce and fund a duty for local authorities to undertake annual monitoring visits to home educated children so they are fully able to fulfil their safeguarding duties to all children in their local area.
- Ensure any new duties around EHE are fully funded and do not create additional burdens on local authorities.
- Publish a brief summary of the guidance for parents in an easily digestible format that signposts parents to the longer guidance document.
