Contribution
At the heart of this group of amendments is the concern about the use and definition of the expression “best interest of the child”.
The noble Lord, Lord Lucas, and others suggested that the use of the “best interests” ground in Clause 30 is a fundamental change to parents’ rights. I reiterate the quite narrow scope of the use of “best interests” in this clause. Remember that what we are dealing with here is not the fundamental decision about whether a parent has the right to remove their child from a school to educate them at home. They have that right, unless some very specific circumstances are met—when they may still have the right, but we introduce a process for the local authority to consent to whether it is appropriate for that to happen. I do not think I need to run through once again that narrow category of children and circumstances where, as we are proposing here, the local authority should be enabled at least to consider the issue of whether, in those circumstances, it is appropriate for the child to be removed from school.
I know that some noble Lords do not believe that there should be any need for consent and therefore do not believe that the criteria that the Government have chosen of Section 47 inquiries, child protection plans or special schools are appropriate. I accept that but, if you do have a consent system—and there is quite a lot of support for the idea that an additional stage is appropriate for children in these circumstances—you then need to decide the criteria for the local authority’s decision-making. New subsection (6)(b) makes it clear what those criteria should be in these very specific circumstances.
It does not feel unreasonable to me that those criteria should be what the local authority believes to be the best interests of the child. We can assume that the parents believe in the best interests of their child, but in these very specific circumstances, because of the nature of the children, we think the child’s rights might override the view of their parents.
So the first criterion is what is in the child’s best interests; the second is whether or not there are suitable arrangements made for the child to receive education, other than at school. I understand that some noble Lords do not believe that those are the right criteria, but I do not agree with the noble Lord, Lord Lucas, that this is somehow a fundamental change in the rights of parents. We recognise that most parents have their children’s best interests at heart and tirelessly advocate for them, often in difficult circumstances. That should be the basis on which parents are able to make decisions, in most circumstances, about whether or not their children are removed from school to be educated otherwise.
However, there are situations where a child could receive a suitable education at home but it is not in their best interests to do so—for example, if there are concerns that the child is being exposed to domestic abuse or extremism. In those cases, the school can act as a protective factor that enables issues to be escalated quickly.
I hope that my argument about the reason for the choice of those criteria also covers the points made by the noble Lord, Lord Crisp. He recommends that a local authority should automatically refuse consent for any child where the local authority has concluded that they are suffering or likely to suffer significant harm following a child protection inquiry, but child protection is complex and practitioners must gather a range of information and evidence from multiagency partners and others who work with the child and their family, and children can experience harm from both inside and outside the home. Therefore, it would not be appropriate to prohibit all such children from being removed from school for home education.
The consent measure rightly requires the local authority to consider the individual circumstances of each child. It is probably worth reminding ourselves that the consent measure is not preventing parents in these circumstances from home-educating; it is simply saying that the local authority should consider whether that is appropriate and use the two criteria that have been set out in the Bill.
Amendment 212, tabled by the noble Lord, Lord Wei—