View your response

The information you provide in your response will be subject to the Freedom of Information Act 2000 and Environmental Information Regulations, which allow public access to information held by the Department.

This does not necessarily mean that your response can be made available to the public as there are exemptions relating to information provided in confidence and information to which the Data Protection Act 1998 applies.

You may request confidentiality by ticking the box provided, but you should note that this will not necessarily exclude the public right of access.

View your response

Top of Form

Personal Details

First Name: Alex

Last Name: Duncan

Email: [email address]

Organisation: Kent County Council

Respondent Information Questions

Please specify in what capacity you are responding to this questionnaire

Please Specify:

Consultation Questions

1

Do you think the current system for safeguarding children who are educated at home is adequate?  Please let us know why you think that.

Comments:

LAs do not currently have adequate powers to ensure parents home educating their children co-operate with LA attempts to monitor the adequacy of the education these children are receiving. The DCSF guidance “Working Together to Safeguard Children: a guide to inter-agency working to safeguard and promote the welfare of children” states that the safeguarding of all children educated at home is the responsibility of all agencies. LAs cannot adequately fulfil this key responsibility when home-educating parents refuse access to children.

Where parents are educating their children at home, parents need to have new legal duties:

Where parents fail to co-operate with LA monitoring, this should automatically trigger an alert in relation to a potential threat to the wellbeing of the child. If parents persistently fail to co-operate, after a reasonable period all LAs must be required to serve a school attendance order. This will provide a consistent safeguard and ensure all children receive an adequate education to which they are entitled under the Human Rights Act.

Do you think that home educated children are able to achieve the following five Every Child Matters outcomes? Please let us know why you think that.

2 a)

Be healthy

Comments:

The NHS in Kent recognises the challenges LAs face in identifying all children being educated at home.  This is particularly the case when so many out of area placements are made into Kent, often without proper notification. KCC is developing a strategy "Hidden from Harm" which the NHS fully supports, and is suggesting it should be extended to all such children rather than those affected by abusing families under the influence of drugs or alcohol; i.e. there may be other causes such as domestic violence or other factors of abuse where parents may not wish to have their child seen by any public service agencies including schools.

Schools play an important role in identifying children in need of Health Care, be it physical or mental. Schools in Kent are now more sensitive to children's health needs as evidenced by the significant rise in Health referrals and sign-posting of parents to specialist Health services by schools. This is often via School Nurses, school-based drop in-clinics or CAMHS Out Reach services in schools. All children educated at home, for what ever reason, do not have the same access pathway to these services, nor NHS safeguarding provision, nor Health signposting. For some children this is achieved by responsible parenting. The NHS shares the concerns of its Children's Trust partners that some children are not in this category

In Kent, the NHS has recognised the need for PCTs to commission outcome-based services for children educated at home, but safe and effective services can only be commissioned when such children are notified by LAs

2 b)

Stay safe

Comments:

LAs (and governing bodies) general duties to safeguard and promote the welfare of children in the exercise of their functions under S. 175 of the Education Act 2002 cannot be fulfilled adequately for all home educated children as previously noted without a corresponding LA right of access to children. The current DCSF guidance to LAs on home education states parents refusing access to the home is not sufficient for the LA to deem a child is not receiving an appropriate education, nor would this be enough, without evidence of additional concern, to trigger a referral to Children's Social Services

Children in school are seen by a range of professionals on a regular basis. Where a school has a 'niggling concern' regarding the well-being of a child this can be regularly monitored by a range of professionals. For children who are home educated this capacity is lost and where parents refuse to comply with LA monitoring there may be no other overview of the child's well-being.

In families where Domestic Abuse is a feature, home education could be another way of controlling the family and preventing the abused partner from having contact with the outside world.  Equally, in forced marriage for example, it could be a way of preventing the young person from leaving the home and disclosing what's happening to them.  It could also be argued that, in families where the home education is inadequate, the lack of access to education is both neglectful and emotionally abusive.

Consideration needs to be given as to how the LA will identify those children who:

ContactPoint may be a key element in supporting this process.

2 c)

Enjoy and achieve

Comments:

Our monitoring of the standards of teaching and learning provided to home educated children in Kent suggests that generally standards appear to be good. Where problems are identified, parents are provided with information and advice and a return visit is arranged. Where there is no significant improvement, a School Attendance Order will be sought.

2 d)

Make a positive contribution.

Comments:

Many home educated children are involved in charity work or are active members of youth groups and organisations such as the scouts, guides, army cadets etc. Many parents also belong to home education support groups and ensure there is regular social contact with other home educated children.

2 e)

achieve economic well-being

Comments:

Kent's monitoring of post-16 destinations for home educated children and young people suggests their outcomes are very much in line with all other children and young people in Kent.

3

Do you think that Government and local authorities have an obligation to ensure that all children in this country are able to achieve the five outcomes?  If you answered yes, how do you think Government should ensure this?.

Comments:

All children have the same fundamental rights, which are guaranteed under the Human Rights Act .

The 5 ECM outcomes are deemed appropriate for assessing the progress and outcomes for children and young people being educated in the maintained sector.

Education in independent schools is inspected against a set of minimum standards which utilises the 5 ECM outcomes framework.

It cannot be right for home educated children's education not to be assessed and monitored against an appropriate framework for home education which aims to safeguard and promote their well-being against the same 5 ECM outcomes.

4

Do you think there should be any changes made to the current system for supporting home educating families? If you answered yes, what should they be?  If you answered no, why do you think that?

Comments:

Current DCSF Guidelines for LAs on Elective Home Education must be expanded into an agreed framework for Elective Home Education which clarifies parents/carers and children's rights and responsibilities when children are educated at home.

The agreed framework must set out objective standards against which LAs are expected to assess and monitor the adequacy of the home education being provided to children.

The framework needs to be endorsed by The Children's Commissioner, LAs, organisations supporting elective home education, home educating parents and children and young people representatives and relevant children's charities.

5

Do you think there should be any changes made to the current system for monitoring home educating families? If you answered yes, what should they be?  If you answered no, why do you think that?

Comments:

The agreed framework for elective home education must include clear and objective monitoring standards which command the support and confidence of all parties to the new framework.

Parents must be required to notify LAs where they choose to home educate children from the start of compulsory education and where they home educate, they must have a new duty to co-operate with LAs' reasonable attempts to monitor the adequacy of the education being provided against the standards enshrined in the agreed framework.

6

Some people have expressed concern that home education could be used as a cover for child abuse, forced marriage, domestic servitude or other forms of child neglect. What do you think Government should do to ensure this does not happen?

Answer:

The development an agreed framework will recognise that these may be valid concerns.

It would then provide LAs with clear guidance when carrying out their monitoring role on how to undertake appropriate risk assessments which will effectively safeguard children and young people against these risks.

In addition, there may be a good case for the Secretary of State for Children, Schools and Families & the respective Children's Commissioners being given a new joint statutory duty to report to Parliament on the extent to which children and young people being educated at home are receiving appropriate education and support from statutory and non-statutory agencies to achieve their full potential, measured against the 5 ECM outcomes and the new agreed framework.

Bottom of Form

View your response

The information you provide in your response will be subject to the Freedom of Information Act 2000 and Environmental Information Regulations, which allow public access to information held by the Department.

This does not necessarily mean that your response can be made available to the public as there are exemptions relating to information provided in confidence and information to which the Data Protection Act 1998 applies.

You may request confidentiality by ticking the box provided, but you should note that this will not necessarily exclude the public right of access.

View your response

Top of Form

Personal Details

First Name: Alex

Last Name: Duncan

Email: [email address]

Organisation: Kent County Council

Respondent Information Questions

Please specify in what capacity you are responding to this questionnaire

Please Specify:

Consultation Questions

1

Do you think the current system for safeguarding children who are educated at home is adequate?  Please let us know why you think that.

Comments: LAs do not currently have adequate powers to ensure parents home educating their children co-operate with LA attempts to monitor the adequacy of the education home educated children are receiving. Parents need to have a new legal duty to notify LAs where they choose to home educate their children. This should become a requirement to notify LAs from the start of compulsory school age.

Do you think that home educated children are able to achieve the following five Every Child Matters outcomes? Please let us know why you think that.

2 a)

Be healthy

Comments: Need input from: Richard Murrells, CFE director of Children's Health + Extended Services/Healthy Schools ? + capture Tim Fox's perspective on the health of the 700+ home educated children that are "on his books"

2 b)

Stay safe

Comments: Need views from: Kel Arthur Penny Davies Tim Fox

2 c)

Enjoy and achieve

Comments: Need views from: ASK? Tim Fox

2 d)

Make a positive contribution.

Comments: Need views from: Tim Fox + John Taylor?

2 e)

achieve economic well-being

Comments: Need views from: Tim Fox +Karla Phillips (14-19 policy lead)?

3

Do you think that Government and local authorities have an obligation to ensure that all children in this country are able to achieve the five outcomes?  If you answered yes, how do you think Government should ensure this?.

Comments: All children have the same fundamental rights as set out in the European Convention on Human Rights. The 5 ECM outcomes are deemed appropriate for assessing the progress and outcomes for children and young people being educated in the maintained sector. Education in independent schools is inspected against a system of minimum standards which utilises the 5 ECM outcomes framewo. It cannot be right for home educated children's education not to be assessed and monitored against an appropriate framework for home education which aims to safeguard and promote their well-being against the same 5 ECM outcomes.

4

Do you think there should be any changes made to the current system for supporting home educating families? If you answered yes, what should they be?  If you answered no, why do you think that?

Comments: Current DCSF Guidelines for LAs on Elective Home Education must be expanded into an agreed framework for Elective Home Education which clarifies parents/carers & children's rights & respnsibilities when children are educated at home . The agreed framework must sets out objective standards against which LAs are expected to assess and monitor the adequacy of the home education being provided to children. The framework needs to be endorsed by The Children's Commissioner, LAs, organisations supporting elective home education, home educating parents, children and young people representatives and relevant children's charities.

5

Do you think there should be any changes made to the current system for monitoring home educating families? If you answered yes, what should they be?  If you answered no, why do you think that?

Comments: The agreed framework for elective home education must include clear and objective monitoring standards which command the support and confidence of all parties to the new framework. Parents must be required to notify LAs where they choose to home educate children from the start of compulsory education.

6

Some people have expressed concern that home education could be used as a cover for child abuse, forced marriage, domestic servitude or other forms of child neglect. What do you think Government should do to ensure this does not happen?

Answer: The development an agreed framework will recognise that these may be valid concerns. It would then provide LAs with clear guidance when carrying out their monitoring role on how to undertake appropriate risk assessments which will effectively safeguard children and young people against these risks. In addition, there may be a good case for the Secretary of State for Children, Schools and Families & the respective Children's Commissioners being given a new joint statutory duty to report to Parliament on the extent to which children and young people being educated at home are receiving appropriate education and support from statutory and non-satutory agencies to achieve their full potential, measured against the 5 ECM outcomes.

Bottom of Form