Lord Nash (Con)

My Lords, my Amendment 279 would allow local authorities to inspect the materials being used in the child’s home education and to see the child’s work. I also support the amendment in the name of the noble Lord, Lord Meston. I strongly support the Government’s measures in relation to home education in this Bill, and in this respect I find myself in disagreement with a number of noble friends on these Benches with whom I generally share a common view of life. I was delighted to hear the Minister’s opening remarks on this group. I thought she put the situation exceptionally well. As we have heard, the home education lobby is very concerned about these provisions, and I am sure it will be concerned about my amendment. However, the number of children apparently being educated at home has grown exponentially over the past 10 to 15 years, probably from 20,000 to 30,000 to somewhere between 100,000 and 150,000, and that is without allowing for the 300,000 children estimated by the Education Policy Institute to be missing from education. My noble friend Lord Frost says that only 1.4% of home-educated children get a school attendance order, which is unsurprising as without a register local authorities just do not know who these children are. As for the point made by the noble Lord, Lord Hacking, about the majority of home-schoolers being university-educated people, that may well be the case for those home-educated children who are being suitably educated, but I believe there are many more children who are apparently being home-educated but who do not have that benefit. Of course, many children are educated exceptionally well by their parents at home or in other settings, and I respect parents’ right to do that. These are not the parents who concern me, and nor should these parents be concerned about the provisions in the Bill or my amendment. If they are providing a suitable education, why should they be? But those of us who work in schools know that many children apparently being educated at home are not receiving a suitable education, or indeed any education at all. Many are active in gangs. Surely, we must be concerned about these children. Children have a right to be educated, and I invite the home education lobby to reflect on whether its objections to the Bill, and no doubt to my amendment, are a little selfish and lacking in public spirit in some respects. I understand what my noble friend Lord Lucas was saying about the importance of children being seen. I assume, therefore, that he supports going further than my amendment, because the whole point is that too many children are unseen. England is an outlier in relation to home education. The noble Lord, Lord Hacking, talked about the relatively low number of children being home-educated. We have the highest proportion of children in home education and the lowest amount of regulation. No other European country has a higher rate of home education. The next highest is France, which mandates yearly inspections. The 2018 European Commission report into home education concluded that students’ progress is monitored and assessed everywhere in Europe except in the UK and in the Netherlands. I refer noble Lords to an excellent report by the Centre for Social Justice dated November 2022, entitled Out of Sight and Out of Mind. That report made a number of recommendations, including that local authorities need powers to conduct visits and see the child in person at least every six months, and that home-educated children should complete an annual light-touch progress assessment in English and maths. My amendment goes nowhere near as far as that. The Child Safeguarding Practice Review Panel has uncovered incidents of harm involving children reported to be in home education, including a number of children who have died. The panel concluded that such children were often invisible, were not in school and did not receive home visits. A 2021 report by FFT Education Datalab found that children with additional vulnerabilities are disproportionately likely to be out of the school system by the end of key stage 4, and it is estimated that about half these children are in home education. It found that a child who has been persistently absent from school is more than three times more likely to end up with no final destination than a child who has never been persistently absent, and a permanently excluded child is two and a half times more likely than the child who has never been permanently excluded. Local authorities do not like serving school attendance orders because by the time the matter gets to court, the parents are lawyered up and, even when they are not providing a suitable education, may well be pretending to be doing so by producing documentation that they have only recently obtained. My proposal would cut through this dance. Unless a child who is home-educated is known to social services, how is a local authority to know whether they are receiving a suitable education? While Sara Sharif had previously been under a CPP, she does not appear to have been at the time of moving into home education. On my noble friend Lord Wei’s point about scaremongering, we should certainly be concerned about children who are home-educated and suffer abuse or are murdered. I believe there are many more children, not in this category, who are apparently being educated at home but are actually not receiving any education at all. Sadly, in the last decade or so, the world has moved rapidly to this appalling state of affairs. My amendment is consistent with the recommendations made by the Education Select Committee in its report Strengthening Home Education, although it does not go anywhere near as far as its recommendations of annual contact with the family and a minimum annual assessment of a child’s progress, particularly in relation to literacy and numeracy.