Baroness Smith of Malvern (Lab)

My Lords, as we have heard, the amendments in this group concern the sharing and protection of information on the registers. I can completely understand concerns about the collection and processing of data, and I hope to provide in my response some of the reassurances that noble Lords seek. But we must also be clear that we must not make them a barrier to legitimate information sharing. The recording and sharing of relevant information on children can be life-saving and, as we have discussed, children not in school registers will support local authorities to keep accurate records of eligible children, identifying those who require support and facilitating better co-ordination between support services, as well as enabling them to fulfil the requirement to understand where children are receiving education outside school. Amendment 235, tabled by the noble Lord, Lord Wei, seeks to ensure that local authorities are not required to collect information on their registers that would be incompatible with the European Convention on Human Rights. Our published ECHR memorandum outlines the position on this, and we are confident that the provisions in the Bill are compatible. I turn to Amendments 236 and 236A, tabled by the noble Lord, Lord Lucas, and Amendment 254A, tabled by the noble Lord, Lord Storey. As with Amendment 238, which I spoke to on the previous group, these amendments seek to place exemptions on the requirement for registers to contain certain information on the child’s parents. I have outlined why that information is vital, but I appreciate that noble Lords have tabled these amendments based on concerns that some parents are estranged from their families for reasons such as domestic abuse. Recognising that concern, we have engaged with organisations that support domestic abuse survivors on our proposals and will continue to do so as part of their implementation. Organisations like Women’s Aid have long called for the introduction of children not in school registers. Indeed, this is one of the recommendations it has made as part of its Nineteen More Child Homicides report published in June this year. If a parent could pose a risk to the child, it is even more crucial that authorities have this information. Holding information such as where the parent lives and whether they are providing education to the child, as well as time spent in such education, could help the local authority to identify the frequency and nature of the contact the child has with the parent. This could feed into a local authority’s assessment of whether a child is at risk of harm or is likely to be receiving an unsuitable education, so that further action can be taken if needed. Without evidence that a child may be at risk, it is difficult for authorities to intervene. But I understand the concerns of parents, and I want to respond to that. Just to be clear, parents who have fled domestic abuse should be reassured that they will not be required to seek out the details of the other parent. They need to provide only the information that they know. But I will be clear about how we can ensure that the register will not reveal, for example, the whereabouts of a parent who has escaped abuse. Data protection protocols will help to ensure that all those on the register are safe. Specifically, in cases where a known abuser has made a subject access request regarding their child, the local authority, as data controller, can make determinations, considering the facts of the case, including safeguarding concerns. I and my colleagues in the other place are clear on the importance of ensuring that all appropriate safeguards can be in place for victims of domestic abuse. We will continue to work with organisations with expertise in domestic abuse to ensure that all necessary protections can be built into the guidance that we will produce. Linked to this but on a slightly different issue, Amendment 266, tabled by the noble Lord, Lord Wei, and Amendment 265, tabled by the noble Lord, Lord Lucas, concern information from local authority registers being published. Let me be clear that local authorities will not be able to publish from their registers the name or address of an eligible child or their parent or any information that could lead to their identities being deduced. The Bill contains a provision in new Section 436C(5) explicitly preventing it. However, it is important that local authorities can publish information relating to their home education cohorts—in fact, I think that in later groups some noble Lords will be asking for further information along these lines—in terms of numbers, reasons for home education, and demographics. That will aid transparency in terms of how each local authority is undertaking its duties. We will ensure that regulations made in relation to this setting out whether and how registered details may be published will be subject to public consultation, and they will also be subject to the affirmative procedure. Amendment 267 in the name of my noble friend Lady Whitaker and Amendment 273 in the name of the noble Lord, Lord Wei, would require the destruction of all data in relation to a child held on children not in school registers upon that child turning 18 or re-enrolling in school. I assure noble Lords that data protection laws are clear that data must not be kept longer than necessary and must be retained only when there is a lawful basis. Entries on the register will therefore be deleted prior to a child turning 18 as a child is eligible to be included on the register only if they are of compulsory school age. As my noble friend alluded to, some information may need to be retained on other local authority records for a longer period; for example, a looked-after child remains with their local authority until they are 25, and it is crucial to hold some historical information as part of education and safeguarding inquiries. Current laws already allow this. Amendment 275, tabled by the noble Lord, Lord Wei, and Amendments 268 and 375, tabled by the noble Lord, Lord Lucas, seek to ensure that parents are notified of any data breaches that occur as part of the children not in school measures and are able to claim compensation, and that local authorities are liable for the consequences of breaches. UK GDPR already sets out that a local authority must report a notifiable personal data breach to the Information Commissioner’s Office within 72 hours and to the affected individuals “without undue delay” where there is high risk that they are adversely affected by the breach. Families who have suffered damage as a result have a right to claim compensation from the local authority, which may also face fines or regulatory action. Amendment 305, tabled by the noble Lord, Lord Lucas, and Amendments 272 and 328, tabled by the noble Lord, Lord Wei, seek to restrict or remove the powers relating to the use and sharing of data on the registers. As I suggested earlier, local authorities and the department need to collate and share register information, often at speed, with relevant persons, to fulfil duties related to the education, safeguarding or welfare of a child. Requiring written parental consent in every case, as Amendment 272 would do, would potentially prevent children receiving support in situations where swift action is vital. New Section 436F inserted by the Bill makes it clear with whom data from the registers may be shared and under which circumstances. For example, local authorities may share information with those persons and organisations listed in Section 11(1) of the Children Act 2004 if appropriate to do so for the purposes of promoting or safeguarding the education and welfare of children. These include organisations, such as the NHS, which are a central component of either local multi-agency safeguarding arrangements or national efforts to protect children. If there is information on registers that can aid these organisations in protecting or promoting the welfare of a child, I am sure noble Lords will agree that it is important that it is shared. In relation to Amendment 328, I reassure noble Lords that immigration authorities do not feature in any of these categories. Amendment 297, tabled by the noble Lord, Lord Lucas, seeks to remove the requirement for out-of-school education providers to provide local authorities with the names, dates of birth and home addresses of children who are attending their provision above a prescribed threshold. We will talk about the provider duty in more detail later but, in effect, this amendment would remove the provider duty, which is, we argue, crucial in supporting local authorities both to identify children who should be on registers but are not and to cross-check records for children already on registers. There is no way for local authorities to achieve this without asking for basic identifying information. Amendment 504, tabled by the noble Lord, Lord Lucas, would delay the commencement of the children not in school registers until the National Cyber Security Centre or an equivalent body certifies them. The Government already conduct extensive internal and external assurance processes to ensure that systems are safe and secure before launch. To support local authorities in meeting their data protection obligations under the measures, we will issue guidance that promotes best practice for keeping parents’ and children’s information secure. Finally, I turn to the stand part notice in the name of the noble Baroness, Lady Jones of Moulsecoomb, which would oppose Clause 33 standing part of the Bill. As I have outlined in responding to this group, Clause 33 ensures that the processing of personal information as required or enabled by the Bill does not contravene the Data Protection Act 2018. It promotes the highest standards of data security and transparency. I hope that that provides your Lordships—and parents—with some assurance. I also hope that noble Lords will feel able to agree that this clause should stand part of the Bill and that the noble Lord, Lord Lucas, will withdraw Amendment 235.