M
Member
Speaking in the House of Lords on 28 January 2026
Debate
Children’s Wellbeing and Schools BillContribution
125: Clause 31, page 57, line 2, at end insert—
“434B Mandatory local authority meetings prior to withdrawal of child from school(1) The appropriate national authority must, by regulations made before the end of the relevant period, make a scheme (“a pilot scheme”) to provide—(a) that the parent of a child must attend and participate in a meeting with the local authority responsible for the child if the parent intends—(i) that the child should cease to attend the school at which the child is a registered pupil, and(ii) to withdraw the child from school for the purpose of causing the child to receive education otherwise than at a school,(b) that the local authority must ensure that the following matters are discussed with the parent during the meeting—(i) the duty of parents under section 7 and how the parent plans to meet this duty;(ii) the duties of the local authority, including the support duty under section 436G;(iii) the parent’s reasons for considering that the child should receive education otherwise than at school;(iv) any support needs that the child may have and how those needs could be met;(v) the safeguarding and welfare of the child;(vi) anything else relevant to the decision to withdraw the child from school,(c) that the child must attend the meeting unless exceptional circumstances apply,(d) that a representative of the school at which the child is a registered pupil must attend the meeting if the parent consents to the representative’s attendance,(e) that the proprietor of a school must not allow the deletion from the school’s register of the name of the child unless the proprietor receives notice from the local authority that the meeting has taken place in respect of the child, and(f) that the local authority must record the outcome of the meeting or whether the meeting was refused.(2) The “relevant period” is the period of two years beginning with the day on which section 31 of the Children’s Wellbeing and Schools Act 2026 comes fully into force.(3) The regulations must also specify—(a) the local authorities in respect of which the pilot scheme will operate, and(b) the period for which the scheme has effect.(4) The number of local authorities specified under subsection (3)(a) must not exceed 30 per cent of all local authorities in England or 30 per cent of all local authorities in Wales as the case may be.(5) The period specified under subsection (3)(b) must not be less than two years and must not exceed five years.(6) The regulations may provide for exemptions from the pilot scheme in respect of descriptions of children as specified in the regulations. (7) The regulations may make provision for, or in connection with, any arrangements that the appropriate national authority considers are required to ensure that the pilot scheme can operate.(8) The provision that may be made by virtue of subsection (7) includes—(a) provision modifying or amending the pilot scheme for the purpose of ensuring that the scheme can operate in relation to children falling within section 434A;(b) provision modifying or amending section 434A for the purpose of ensuring that the pilot scheme can operate in relation to children falling within that section.(9) Subject to subsection (10), the appropriate national authority may by regulations—(a) make provision to end the pilot scheme;(b) provide that the provisions mentioned in paragraphs (a) to (f) of subsection (1) have effect, after the expiry of the pilot scheme, in relation to all local authorities, subject to any exemptions for descriptions of children as specified in the regulations;(c) amend section 434A for the purpose of ensuring that the grant of local authority consent to withdraw a child from school under that section is conditional on the parent of that child attending and participating in a meeting with the local authority responsible for the child, as described in paragraphs (a) to (f) of subsection (1), subject to any exemptions for descriptions of children as specified in the regulations;(d) make provision for, or in connection with, any arrangements that the appropriate national authority considers are required to ensure that any provision made under paragraphs (a) to (c) can operate.(10) Regulations under subsection (9) may be made only after the pilot scheme has operated for a period of no less than 2 years.(11) Before making any regulations under this section, the appropriate national authority must consult such persons as the appropriate national authority considers appropriate.(12) In this section “appropriate national authority” means—(a) in relation to England, the Secretary of State;(b) in relation to Wales, the Welsh Ministers.(13) If a draft of a statutory instrument containing regulations made by the Secretary of State under this section would, apart from this subsection, be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not such an instrument.”Member's explanatory statement
This amendment would allow regulations to make pilot schemes requiring parents who wish to withdraw their children from school to attend mandatory meetings with the local authority. Regulations may also extend the provisions to all local authorities, following the end of the pilot scheme and a consultation.
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