Contribution
My Lords, I will speak to the question that Clause 31 stand part of the Bill. I apologise to the Committee for not having taken part in Second Reading.
I also thank the Minister for her very clear statement at the start of this debate. I want to make a relatively short contribution to highlight one of the issues the Welsh Government wish to take forward in this Bill, and to acknowledge the constructive collaboration of the two Governments and their officers on this and other issues raised in the Bill. In particular, I want to make a few comments on children not in school registers. Liberal Democrats have long called for such a register, including in our recent manifesto. Here I pay tribute to my noble friend Lord Storey, who initiated this work in his Private Member’s Bill on the subject.
We agree with the NSPCC and the Children’s Commissioner that the register can be an important tool in keeping children safe. We understand the legal responsibilities parents have to ensure that their children receive an education. As liberals we believe that parents have a right to choose home education where they feel this is the right choice for their child. However, we are very concerned that the whereabouts of hundreds of children in England and Wales are simply unknown.
Education is devolved to Wales, and the Welsh Government already operate a register on their children missing education database. However, the Welsh Education Secretary states in the legislative consent memorandum to this Bill that
“the children not in school provisions proposed in this Bill would enhance the”
children missing school
“policy (from a safeguarding perspective) with the CNIS register, school attendance order (SAO), strengthened suitability assessment and child protection clauses applying alongside the CME database arrangements”.
I am pleased that the Welsh Government have recognised that the provisions in this Bill as introduced would have resulted in local authorities in England having greater levels of contact with elective home-educated children than local authorities in Wales. If the provisions were not extended to Wales, as proposed by the tabled amendments, duties on families in Wales would be considered less stringent than those in England. I welcome the Welsh Government’s pragmatic approach, which should produce a seamless system between the two nations.
The action of the Welsh Government in taking this opportunity to enhance child protection measures is also commended by the Children’s Commissioner for Wales, who recognises the importance of addressing the gaps in provision to ensure that children not in school have all their rights fulfilled. It is to these rights that I would like briefly to turn. When we talk about a children not in school register, we tend to have discussions, as we have had today, about the rights and responsibilities of parents. But in her letter to the Senedd’s Education Committee chair supporting the LCM, the Children’s Commissioner for Wales highlighted the three tests her office has published in relation to children’s rights on home education. They are:
“First, that all children in Wales can be accounted for and that none are invisible. Second, that every child receives a suitable education and their other human rights, including health, care and safety. And third, that every child is seen and their views and experiences are listened to. This is essential for the first two tests to be met”.
These three tests help us to focus our attention away, slightly, from the needs and rights of parents, and to consider the needs and rights of children.
The Children’s Commissioner for Wales points out that the Welsh Government make no reference to children’s rights in their LCM and is surprised that no children’s rights impact assessment has been produced with the proposals. She said that such an impact assessment would help ensure that the Welsh Government fulfil their own duties to consider children’s rights, provide valuable transparency for key stakeholders, and assist in identifying and mitigating any unintended consequences.
I am sure that the Welsh Government will rise to the challenge and produce a children’s rights impact assessment to ensure the rights of the children of Wales, but can the Minister say whether the rights of children in England will be similarly addressed? It seems that the Bill, and Clause 31 in particular, goes a long way to ensuring that the rights of children are met in both England and Wales, but the Government need to make it clear that that is their intention.