B

Baroness Smith of Malvern (Lab)

Speaking in the House of Lords on 2 September 2025

Debate

Children’s Wellbeing and Schools Bill

Contribution

I understand the point my noble friend makes. When children’s parents ask for their child to be taken off the roll of a school, which of course is absolutely their right, and the school should do that, it should also, as my noble friend says, reflect on the reasons why the parents are wanting to home educate that child. More broadly, in policy terms, I think we all need to reflect on the points made by my noble friend and others about where the reason is less a positive decision about home education and more a concern about provision for children with special educational needs or otherwise. I think my noble friend is aware that the department already collects information on reasons for home education, but, as she has highlighted, there are gaps in the data. That is why the Bill already allows for this information to be prescribed for inclusion. For example, recording whether a child is a young carer could be prescribed under new Section 436C(2)(m) of the Education Act, “any other information about the child’s characteristics, circumstances, needs or interactions with a local authority”. If prescribed, local authorities will need to record this information if they have it or can reasonably obtain it. We will consult on the content of these regulations, and they will be subject to the affirmative parliamentary procedure. I hope that this will help to ensure that the information prescribed for inclusion in local authority registers is appropriate and useful. However, it is necessary that the information outlined in the noble Lord’s and my noble friend’s amendments remains voluntary for parents to provide. For some parents, the reason they have chosen to home-educate is deeply personal. Requiring it could cause parents to try to avoid registration altogether, making it more difficult for local authorities to identify and support those children who need it. Amendments 260 and 261 in some ways reverse the argument being made in the previous two amendments, a point also made by the noble Baroness, Lady Berridge. These amendments aim to restrict any further information being prescribed for inclusion or recording by local authorities on their registers other than that which is set out in the Bill. To be clear, the purpose of these powers is to ensure that local authorities can include useful information in their registers that has not been explicitly mentioned in primary legislation or prescribed through regulations. It will allow that information to be recorded. We do not want local authorities prevented from making their registers a productive tool due to a lack of flexibility but, just to reiterate once again—

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