Part of the debate – in the Senedd at 4:51 pm on 30 January 2018.
Thank you very much, Deputy Presiding Officer. This Government is committed to ensuring that every child and young person receives an education that inspires, motivates and equips them with the skills and knowledge necessary to fulfil their potential. In Wales, we have an education system that partners equity with excellence. Our system provides a range of choices to meet the different needs and abilities of learners of all ages and abilities. While most parents choose to have their children educated in school, there is a proportion of parents who decide to educate their children at home. Members will know that this is known as elective home education.
Local authorities are under a duty to make arrangements to establish the identities of children who are of compulsory school age and not receiving a suitable education. They currently have powers in relation to school attendance, but there is a challenge for them being able to identify children not registered at a school or receiving a suitable education otherwise than at school. We are in a situation where, frankly, the Welsh Government is unable to provide reliable figures on how many children are educated at home, and that is simply not acceptable.
I have given careful consideration to the need to strengthen the policy and legislative framework around home education. In the course of developing this approach, we have looked at other international approaches, and I think, Deputy Presiding Officer, it is fair to say that home education legislation in Wales is one of the most light touch in Europe. By comparison, a number of European neighbours have had systems of registration in place for some time.
Today, I'm announcing my intention to assist local authorities in meeting their existing duties to identify children not receiving a suitable education. I intend to consult on using existing powers found in section 29 of the Children Act 2004 to require local authorities to establish a database to assist them in identifying children not receiving suitable education. The consultation will also consider which partners will be able to provide the most complete database, such as local health boards.
Deputy Presiding Officer, there is currently no obligation on independent schools to inform local authorities of children in their care. Therefore, I will consider making regulations under section 537A of the Education Act 1996 to require the proprietors in independent schools to give certain information to local authorities in respect of pupils attending their schools.
The main focus of our approach will be to assist local authorities to identify who is home educated, and to assess if they are receiving suitable education. To support local authorities in the operation of the database and in the arrangements to assess the suitability of education to children on the database, I propose to consult on statutory guidance to be issued to local authorities under section 436A of the Education Act 1996. This approach presents us with an opportunity to consider how our universal services, programmes and initiatives are delivered to home-educated children. This means we will be better placed to deliver our aim, set out in 'Prosperity for All', to support all children and young people to have the very best start in life and to achieve their ambitions.
But let me be absolutely clear: we will not be compelling parents to register that their child is being home educated. Instead, it will enable the local authority to compile a database of children not on any local authority education or independent school register. This approach will allow us to test the limitation of existing legislation and we can commence work immediately on developing the regulations and the statutory guidance. It will ensure the level of engagement by local authorities will no longer be inconsistent.
I am aware, Deputy Presiding Officer, that, currently, home-educating families have limited and varied levels of support from local authorities, and no support from the Welsh Government. I am committed to strengthening the support available to home educators, and, to that end, we are developing a package of educational support. This package will include making Hwb available to home-educated children, additional learning needs support, help with exam registration, and exploring options for home-educating families to learn Welsh and a clear offer of support from Careers Wales. My officials will be working with local authorities and home educators to ensure the package of support meets the needs of the home-educating community.
Deputy Presiding Officer, I have weighed up what will be perceived by some home educators as a disproportionate intrusion into their family life against what I expect the wider benefits will be for all home-educated children in terms of their education and overall welfare.
In concluding, I want to make one final thing clear: I fully respect the choice of parents to home educate their children, and nothing that I'm considering or proposing will change that. I have no doubt that the vast, vast majority of home-educating parents choose to do so for valid reasons, and that, in some cases, it may well be the very best choice for the child, but I also believe that the Government has a moral duty to ensure that all children receive a suitable education, and an expectation that local authorities will act on their legal duties to intervene when children are not receiving a suitable education or may be experiencing neglect. I am convinced that the proposals put forward today are proportionate, reasonable, and in the best interests of all our young people.