Baroness in Waiting/Government Whip (Baroness Blake of Leeds) (Lab)

My Lords, I thank my noble friend Lord Hacking for the clarification that he has just made, and the noble Baroness, Lady Barran, for a very clear explanation of why she is not supporting these amendments. As a former lead member for children’s services for the second-largest metropolitan authority in the country, I find it very difficult to recognise some of the comments that have been made tonight, and I emphasise the dedication and hard work of so many people whose primary, indeed sole objective is to make sure that all children in this country are safe from harm. It is so important to reference that as we go through. I am not sure how many more times Ministers need to stress that there is total recognition of how many parents are out there working extremely hard to provide a suitable education when educating their children otherwise than at school. We have heard examples of the successes of so many of them, and we recognise that many of those children are thriving. I emphasise that parents have no reason to fear the prospect of having to include key information on local authority children not in school registers. This information is vital to help local authorities discharge existing responsibilities and ensure that the education children receive is suitable and safe. As we have heard, without the registers, too many children and young people are at risk of falling through the gaps. I will respond briefly to the amendments in this group, which are all tabled by the noble Lord, Lord Wei. They suggests exemptions for why a child’s information should not be included on a local authority’s children not in school register. Amendment 254 seeks to ensure that, if a child does not fit the eligibility criteria, their parents would not be required to provide any information. This is unnecessary. If a child is not eligible to be registered, their parents would not be under the duty to provide information. Amendments 230, 323, 324 and 326 seek to limit which children must be registered on a local authority children not in school register. A key objective of the registers is to aid local authorities in their existing duty to identify, as far as it is possible to do so, all children in their areas who are not registered pupils in school and are not receiving a suitable education. These amendments would prevent this. Amendment 230 would exempt children if the parent is able to provide a sworn affidavit from an experienced home educator that the home education being provided is suitable, if the parent has arranged for the child to sit at least three national qualifications, or if the child is enrolled in certain educational provision. None of these proposed reasons for exemption would give a local authority enough assurance that the education being provided is suitable for an individual child. Amendment 323 would exempt children who are temporarily residing in the UK with a permanent residence elsewhere. Where a child is living in the local authority’s area, even if only for a short time, the local authority has education and safeguarding duties towards the child. I am particularly disappointed to see Amendments 324 and 326, where the noble Lord suggests exempting asylum-seeking families and families affected by war, natural disaster or economic collapse from registers. These are some of the very children who registers will most benefit. Where local authorities are aware of these children, they can offer support to ensure that their education continues undisrupted. The registers would simply not work if the exemptions that the noble Lord proposes were to apply. Amendment 325 would enable children aged 14 or over to be exempt from being included on the register if they register as self-directed learners. Section 7 of the Education Act 1996 is clear: it is the responsibility of the parents to secure a suitable education for their child. Parents, not children, must remain accountable for this. As we have heard, most parents are fulfilling this duty, but registers will be a crucial tool in identifying where this is not the case so that these children can be supported into suitable education. Finally in this group, Amendment 423 seeks to allow parents to discharge their duty to provide suitable education when their child is providing services, mentoring or trade-related activities. The Government’s guidance on home education for local authorities and parents sets out that a parent must provide their child with a full-time, efficient, suitable education. Parents therefore have the flexibility to educate their child in whatever manner they deem best for their child, provided it is suitable. This may be able to be achieved through school-type work or through practical education, such as the noble Lord mentioned, depending on the needs of the child. For the reasons I have outlined, namely that exemption of any eligible child for inclusion in the registers would mean that children who may be in receipt of unsuitable education fall through the gaps, I kindly ask the noble Lord to withdraw his amendment.