Description of a Pre-Consultation Meeting With Dfes, 19Th December 2006, About a Proposed Consultation on Changes to the Statutory Framework for Home Education in England.

March 3rd, 2007

A description of EO’s Government Policy Group and its work, can be found at:
http://www.education-otherwise.org/Legal/Consultations/GovConsultFrtPg.htm

The following report is my description of a meeting between DfES and EO on December 19th 2006 for ‘an exchange of views’, and ‘pre-consultation discussions’. DfES appear reluctant to confirm their proposals for the consultation, and hesitant to state whether they are determined to go ahead with the consultation or not. This is reflected in the fact that DfES have not agreed the notes from the meeting, although more than 3 weeks have elapsed since the notes were sent to them. This description is therefore my views of the meeting, and the formal record will be the notes when they are issued. The purpose of a pre-consultation meeting is for DfES to hear the views of stakeholders, and to ‘sound out’ the draft proposals. The delay in agreeing the notes, and going ahead with the consultation suggests that this process has not gone as smoothly as they might have liked. There have also been indications this week (w/c 22nd January) that the policy team are reconsidering aspects of the proposals in the light of feedback, and are discussing aspects of the consultation further with ‘stakeholders’.

It should be remembered that everything discussed at the meeting was provisional proposals from DfES on possible draft versions of the consultation. The consultation might or might not go ahead, and any of the items proposed might be withdrawn or altered if a consultation occurs.

1) INTRODUCTION

Further to DfES signals in late November and early December that they were about to conduct a new review of local authority arrangements for home educators in England, Education Otherwise were invited to DfES, Sanctuary Buildings, London to hear from DfES the intended content of the consultation and have an initial “exchange of views”. The meeting took place in London Tuesday 19th December. The meeting lasted an hour and a quarter. The EO team was Jill Fisher (former chair of EO), Martin Wise (Vice chair of EO) and Phil Hicks (Chair, Government Policy Group). The DfES representative was Peter Walsh who may be the coordinator of the consultation, but he has indicated it is equally likely that Elaine Haste, the official normally responsible for home education, will have that task. He said he has also met with Norman Wells of Family Education Trust http://www.famyouth.org.uk/, and would meet with Jane Lowe of HEAS http://www.heas.org.uk/ The consultation was not fully written, and the start date has not yet been fixed, although January has been mentioned more than once, and more recently February. The consultation will be open to all to respond to, and will last for 12 weeks.

2) SCOPE OF POLICY CONSULTATION

DfES are planning to conduct a full public consultation via the e-consultation website http://www.dfes.gov.uk/consultations/ about the statutory framework for home education. Individuals can register their interest in participating in this consultation, and in being advised of its launch, by contacting the DfES official for home education Elaine Haste, at Elaine.HASTE@dfes.gsi.gov.uk. For information on what to say look at the information flier at http://www.filecrunch.com/file/47v or look at the campaign pages which will soon be available on the EO website.

Local authorities are telling DfES that there is difficulty with ensuring/defining suitable education and with addressing some welfare concerns. DfES believe that the current situation between local authorities and home educators can to be improved by better regulation. DfES recognise that home educators are concerned about LAs going beyond their powers and that there is a wide variation in local authority practices around the country. DfES want to engage with home educators and want to improve policies.

The present plans for the consultation focus on three main areas:
1. Compulsory registration of home educators
2. Clearer standards defining ‘suitable’
3. Monitoring of standards

3) CHANGES TO THE LAW

DfES are considering introducing new law (changes to primary legislation) which would alter the legal framework which currently exists. The stated intention is to make clear the rights and responsibilities of parents, and the main intention would be to define what is ‘suitable’ education by parents at home. It was mentioned that the changes may supersede existing case law, so they could amend the meaning of the existing s7 and s437 by further defining the terms used, or they might replace those sections, but DfES did not state precisely how they would go about changing the law. They did confirm that if this went ahead it could take some time, one or two years, as new legislation would need to be added to a suitable passing bill, or be proposed as a specific item. It was mentioned that standards might be specified by regulations enabled by new primary legislation.

4) COMPULSORY REGISTRATION OF HOME EDUCATORS

DfES see compulsory registration as a means of simplifying the present situation. Section 4 of the Education and Inspections Act 2006 requires LAs to identify children who are not receiving education. To do this they have to find children who are not in school and eliminate home educated children (who are not missing education) to leave those ‘missing education’. EO’s recent response to a consultation on section 4 can be found at http://www.tiny.cc/nle3H. (Section 4 comes into effect in February 2007). Section 12 of the Children Act gives LAs some powers to gather data from other agencies to do so (the information is gathered into an Information Sharing Index * ISI). EO’s response on a consultation on section 12 can be found http://www.tiny.cc/LnYIk). This means that all families who are not now known to LAs are increasingly likely to be identified, or notified to LAs. There are a large range of public bodies who are obliged to notify the LA of children who they are aware may be missing education. While officials need not notify the LA of children who they are told are home educated, it is likely that some will. (EO are considering modifying the text on membership cards to state that section 4 does not require the notification of home educated children to the local authority, so that the card with the statement can be shown to officials. While this will not protect all families from discovery by the LA in the long term, it may slow down the process). LAs will hold a register of children who are not in school and record their place of education. DfES think that compulsory registration will save home educators the problems of being notified in the Children Missing Education and Information Sharing Index arrangements. It would also save them money as they would have less need to follow up children notified to them but who are not on their registers.

We avoided speaking to this subject at any length because it was less important than the questions of standards and monitoring, and if standards and monitoring are not accepted, then ISI, CME and registration are not required. We commented that since they plan to be in annual contact with all home educators, compulsory registration will not save LAs any costs as they will have to make regular contact anyway. We stated that compulsory registration will be seen as a change to parents rights and will be strongly opposed by many home educators.

5) STANDARDS FOR SUITABLE EDUCATION

DfES say that they are not considering anything as specific as the national curriculum, but certainly something more prescriptive than a list of characteristics. They described their intention to set a standard of outcomes rather than provision. They mentioned outcomes for literacy and citizenship, ie children should be able to communicate well and access public services, and be familiar with public institutions. The pubic communications unit mentioned to one home educator it was anomalous that independent schools had standards to meet, but home educators did not. (Independent schools do not have defined curricula, but have standards – mainly for provision. The independent schools “standard” is described in part C of the information pack on this page http://www.dfes.gov.uk/reg-independent-schools/, and the underlying legislation is http://www.opsi.gov.uk/SI/si2003/20031910.htm ).

We presented arguments at length to make the point that any form of standard would be restrictive, and would cut across parents’ right to determine the form of educational provision and responsibility to match it to a child’s ability and aptitude. Flexibility is needed on the part of LAs to allow parents the discretion they have responsibility for, and standards conflict with that flexibility. The setting of standards would cut across many forms of home education that are currently exercised successfully by parents. Because children are individual and home education is tailored to the child, there is and can be no common standard to measure it. DfES produced the hard cases argument at this point, asking what they do when it’s not apparent that a child is making progress or that parents are making effective provision, and parents are unresponsive to enquiries. They are concerned that some parents are unwilling or unable to make suitable provision. EO presented the characteristics listed in the Scottish Guidance on Home Education (See Appendix) as a counter point, arguing that in the existing legislative framework its possible to make a professional judgement that suitable education is being provided by considering whether some of the characteristics are evident. The characteristics in brief are parental involvement, an educational ethos (not necessarily formal), learning experiences available, activities offered, and resources provided. We presented several scenarios of learning outcomes where no formal curriculum would have been apparent over long periods but the outcomes were good. We pointed out that for many home educated children with special needs and unusual learning styles, any form of age related standard may be an ineffective measure. For example when a child is ready to read may vary from 3 years to 13 years or later, but late reading often still leads to academic outcomes which fulfil the child’s potential. We mentioned that at the start of home education there may be long periods of apparent lack of activity while a child adjusts to the new approach. The parents’ approach and philosophy is the only reference point for evaluating whether they are being successful in making suitable provision. Also the alternative options need to be considered, even if HE outcomes appear poor, that child might have the same or worse difficulties in a local school. On average home education outcomes are generally good when compared to school education.

DfES confirmed that the consultation will contain specific outlines of what is being suggested regarding standards and monitoring.

6) MONITORING

DfES are considering proposals to require parents to have an annual interview, with children present, and to fill in a pre interview questionnaire giving some details of the child’s activities and progress. EO responded that flexibility is required to meet different families’ needs and situations, as happens in best practice around the country now. Reports, and voluntary discussions without the child present are equally valid ways of assuring the LA that education is being provided. The point was made at length, and with examples, that many parents are strongly opposed to meeting the LA, and that conflict with schools and LAs may make such meetings inappropriate for parents and especially children who have had difficult experiences before leaving school. EO suggested that it’s impossible to evaluate outcomes for a single child until many years later. We argued that the existing legislation is adequate, and provides a firm foundation for good practice, being a sensible balance between parental rights and primary responsibility for education, and the state’s role as a backstop in extreme situations.

Although the subject of welfare was not specifically covered in our discussion we know that Normal Wells of the Family Education Trust discussed it with DfES and they confirmed that they accept that they do not have powers to insist on visits to the family’s home.

7) EVIDENCE BASE FOR DfES’ CONCERNS

DfES acknowledged that the evidence base is limited. The studies which have presented conclusions from which the consultation proposals are drawn lack impartiality and objectivity. These shortcomings are discussed in detail in a briefing paper on the background to the consultation at http://www.tiny.cc/mBGKL

8) COST OF IMPLEMENTATION

DfES acknowledged that this will cost a lot in first contact and monitoring costs. EO argued that the result will also be more court cases rather than less.

9) GYPSY, ROMA, and TRAVELLER COMMUNITIES

DfeS state that “research” suggests there are concerns about home education within Gypsy, Roma and Traveller communities. They say that home education in those communities is sometimes an excuse not to provide a suitable education. Local Authorities feel the current arrangements for monitoring are not good enough. The underlying research is by Arthur Ivatts: http://www.dfes.gov.uk/research/data/uploadfiles/RW77.pdf The objectivity of the “research” has been criticised by home educators and some local authorities. The study makes the presumption that within their particular communities travellers can be considered likely to be ill equipped to provide sound home education. This is prejudicial to these communities and this premise, and the conclusions based on it, need to be reexamined. Also Mr Ivatts goes on to make recommendations for all home educators based on his observations about the situation of the particular group he was studying. These conclusions are beyond the scope of his study so the recommendations should be discounted.

EO should not be considered to represent Travellers who home educate other than in the general sense of home educators. Traveller Communities are not well represented in the membership base or active in making their views known through EO, so EO cannot speak effectively about unique aspects of their situation. Separate communication will be needed directly with traveller groups.

10) ENGLISH GUIDELINES

DfES stated that it is planned to issue the English Guidelines in February or March. DfES may choose to do proceed with changes to legislation as a result of the consultation, or may not. Either way the guidelines will fill the gap at present and may be sufficient if new legislation is not proposed.

11) CHANGING THE LAW WOULD BE EXPENSIVE AND UNPRODUCTIVE

In the last sections of the discussion we argued that the present system works fine, and that trying to create criteria against which to measure education will make things harder for the LAs not easier. Also that these plans, which they envisage would reduce the need for SAOs, would probably have the reverse effect – ie if they have rules, then they will end up with broken rules, so they will need to make more s437 prosecutions than before.

12) SUMMARY

DfES propose to issue a full consultation in January or February on changes to the law on home education.

The consultation has been motivated by local authority concerns about their perceived welfare responsibilities under Every Child Matters initiatives.

The evidence base that there are real problems underlying local authorities concerns is very poor, and was acknowledged by DfES at the pre-consultation meeting to be limited. The studies are neither impartial nor objective.

There is no evidence base for concluding that new legislation would improve educational outcomes. Nor has there been any comparison of the education outcomes recognized by home educators, and how they differ from local authorities expectations.

EO will advise DfES throughout the consultation that the existing legislation is perfectly adequate. Introducing new regulations will seriously damage outcomes for a proportion of home educated children, and put others at increased risk. It would not offer any significant positive benefits, and the cost of monitoring and of prosecution when provision is deemed unsuitable will be enormous.

APPENDIX 1

Typical characteristics of an efficient and suitable education are included in section 5 of the Statutory Guidance on home education issued by the Scottish Executive in 2004

  • Consistent involvement of parents or other significant carers * it is expected that parents or significant carers would play a significant role, although not necessarily constantly or actively involved in providing education.
  • Presence of a philosophy or ethos (not necessarily a recognised philosophy) * it is expected that the parents have thought through their reasons for home educating, showing signs of commitment and enthusiasm, and recognition of the child’s needs, attitudes and aspirations.
  • Opportunities for the child to be stimulated by their learning experiences.
  • Involvement in activities * a broad spectrum of activities to cater for wide varieties of interests appropriate to the child’s stage of development.
  • Access to resources / materials required to meet the objectives of the parents * such as paper and pens, books and libraries, arts and crafts materials, physical activity, ICT and the opportunity to interact with other children and other adults.

(Improved versions of these characteristics were proposed in section 3.15 of the EO response to the draft English EHE Guidelines 2005. http://tinyurl.com/3c7m22 ).

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