My MP Abtisam Mohamed tabled a number of amendments for Report stage of the Children’s Wellbeing and Schools Bill. [LINK via this page] The debate on the Children Not In School clauses took place in the House of Commons on March 18th and can be read HERE. See also https://edyourself.org/amendments-for-report-1/
Abtisam’s speech took place around 4pm on 18.3.25, appearing in Hansard columns 240-242 LINK I have made the speech into a 1 page PDF which can be read onscreen here https://edyourself.org/wp-content/uploads/2025/05/abtisam_amendments_speech-scaled.jpg
NOTE THAT AS OF 18.9.25 with the bill reissued after committee ended, CNIS is now 31-36 (rather than 30-35 as it was for committee in the Lords, or 25-29 as it was through the latter stages of the Commons)
Suitable Education and Section 7
As currently drafted the Wellbeing Bill does not make it clear that suitable education means the same as in section 7 of the Education Act 1996. However, it is now on the record that statutory guidance will highlight this point, see government response below.
Amendment 13
★. Clause 27, page 58, line 32, at end insert—
“(4A)
For the purposes of subsection (4), “suitable education”, in relation to a child,
means education appropriate to the age, ability and aptitude of the child and
the existence of any special educational needs.”
Member’s explanatory statement
This amendment would clarify the meaning of suitable education which the local authority must
consider when serving a preliminary notice for a school attendance order.
Amendment 14
★. Clause 27, page 60, line 5, at end insert—
“(1A)
For the purposes of subsection (1)(b)(i), “suitable education”, in relation to a
child, means education appropriate to the age, ability and aptitude of the
child and the existence of any special educational needs.”
Member’s explanatory statement
This amendment would clarify the meaning of suitable education which the local authority must
consider when serving a school attendance order.
Showing How The Bill Would Change 1
436H (4) Condition A is that the child is not receiving suitable education, either
by regular attendance at school or otherwise.
(4A) For the purposes of subsection (4), “suitable education”, in relation to a child,
means education appropriate to the age, ability and aptitude of the child and
the existence of any special educational needs.” ★13
436I (1) A local authority in England must serve an order under this section
on a child’s parent if—
(a) the authority has served a preliminary notice on the child’s
parent under section 436H,
(b) the child’s parent fails to satisfy the local authority, within the
period specified in the notice, that—
(i) the child is receiving suitable education, in a case where
condition A, C or D is cited in the notice,
(ii) it is in the best interests of the child to receive education
otherwise than by regular attendance at school, in a
case where condition B is cited in the notice, and
(c) in the opinion of the authority it is expedient that the child
should attend school.
(1A) For the purposes of subsection (1)(b)(i), “suitable education”, in relation to a
child, means education appropriate to the age, ability and aptitude of the
child and the existence of any special educational needs ★14
Government Response to Suitable Education Amendments
“Let me turn to amendments 4, 13 and 14, and 16. I commend my hon. Friend the Member for Sheffield Central (Abtisam Mohamed) for her intention to provide clarity on the interpretations of “suitable education” and “suitable arrangements”. It is important that there be consistency across local authorities in how they approach that. However, the amendments are not needed. Section 7 of the Education Act 1996 is already clear that education must be suitable to a child’s age, ability, aptitude and any special educational needs they have. I want to reassure Members that we will make clear in statutory guidance for local authorities everything that they have to consider under section 7 when they are making decisions about the suitability of education.” [HANSARD SOURCE col 281]
Home Visits and Reasonable Refusal
The Wellbeing Bill currently says the local authority must consider where the child lives and also that if a parent refuses a home visit for a council officer to speak to the child this will cause the authority to decide it is not satisfied about the home education provision, without allowing any case to be made as to why a home visit may not be in the child’s best interests.
Amendment 15
★. Clause 27, page 60, line 8, leave out from beginning to end of line 9 and insert—
“may consider—
(i) any of the settings outside the home where the child is being educated,
and
(ii) where the child lives”
Member’s explanatory statement
This amendment would give local authorities the discretion to consider settings where a child is
educated when determining whether a school attendance order should be served.
Amendment 16
★. Clause 27, page 60, line 10, leave out from “consider” to “so” and insert “whether the child is being educated in a way which is appropriate to their age, ability, aptitude and any special
educational needs they may have”
Member’s explanatory statement
This amendment would require the authority to have regard to section 7 of the Education Act 1996
in respect of parents’ duty towards their child’s education.
Amendment 17
★. Clause 27, page 60, line 15, leave out from “visit” to end of line 16 and insert “meet the child”
Member’s explanatory statement
This amendment would remove the requirement for the child to be seen in the home.
Amendment 18
★. Clause 27, page 60, line 17, after “refused” insert “without reasonable grounds”
Member’s explanatory statement
This amendment, along with Amendment 19, would, where a request to meet a child has been
refused by a parent without reasonable grounds, enable an authority to consider that to be a relevant
factor when considering whether to make a school attendance order.
Amendment 19
★. Clause 27, page 60, line 18, leave out “must” and insert “may”
Showing How The Bill Would Change 2
436I (3) For the purpose of determining whether an order must be served
under this section in respect of a child, the local authority—(a) must consider all of the settings where the child is being “may consider—
educated and where the child lives,
(i) any of the settings outside the home where the child is being educated,
and
(ii) where the child lives” ★15
(b) must consider how the child is being educated and what the, whether the child
child is learning
is being educated in a way which is appropriate to their age, ability, aptitude and any special
educational needs they may have so far as is relevant in the particular case, ★16
and
(c) may request the child’s parent on whom the preliminary notice
has been served under section 436H to allow the local authority
to visit the child inside any of the homes in which the child meet the child ★17
lives.
436I (4) If a request under subsection (3)(c) is refused without reasonable grounds by the person to whom ★18
it is made, the local authority must may consider that to be a relevant factor ★19
in deciding whether the child’s parent has failed to satisfy the local
authority as mentioned in subsection (1)(b)(i) or (ii).
Note Government Amendment Commons
At Report on March 18th the government added an amendment (gov 141) providing for a new 436I(2). The explanatory statement said “This amendment ensures that a school attendance order is not to be given where enquiries or action under section 47 of the Children Act 1989 are no longer ongoing (and in a case where there were also other grounds for the preliminary notice, the local authority is satisfied that the child is receiving suitable education).” [LINK page 69] This also had the effect of making the previous 436I(2) into (3) and so on.