THIS PAGE WAS WRITTEN ABOUT COMMITTEE IN THE LORDS 2025 BUT IT HAS BEEN UPDATED WITH NEW CLAUSE NUMBERS FOR REPORT IN THE LORDS 2026. THE CHILDREN NOT IN SCHOOL DEBATE IS EXPECTED ON JANUARY 21ST 2026.
Lords amendments to clause 30 for committee (NOW CLAUSE 31) focused on:
- not being allowed to leave special school – local authority deciding “best interests”
- having to stay at school if child protection enquiry (not just CP Plan)
- no independent appeal against local authority (eg tribunal)
- 6 month wait to re-apply if refused
- There were also objections to the entire clause
Local authorities deciding“best interests” proved highly controversial in committee. There are amendments to leave it out entirely, or probing what it actually means and who gets to decide, and whether there should be consideration of the reality and practicality when an individual child is forced to remain in school, not just some abstract notion of “best interests.” There are also recommendations that the local authority must provide a written statement of reasons for refusal.
Amendments dealing with operational issues and fairness included highlighting the fact that the bill doesn’t give a deadline for local authorities to decide consent, and allows penalties for non-attendance while a decision is awaited on deregistration. There were also amendments about not notifying the other parent if it could be a safeguarding issue
Lords amendments to clause 31 -NOW 32 – focused on challenging:
- inclusion of absent or non-resident parent throughout the register – safeguarding risk
- amount of information required from parents (linked with penalties in clause 32)
- how often and how quickly parents have to report information (linked with penalties in clause 32)
- extra information for register if local authorities can obtain it (parents pressured)
- the amount of information required from providers (alternatively opt to close down)
- how often and how quickly providers have to report information (alternatively opt to close down)
- lack of detail on face of bill about scope re providers eg above x hours per week, only school hours
- individuals being subject to provider duties
- how information is used and kept safe
The government has tabled amendments for report which include MORE SAFEGUARDING MEASURES [Child Protection Plan last 5 years + Request Visit Home Within 15 Days] and REDUCING REPORTING BURDEN FOR PARENTS AT REGISTRATION [Less Information, Less Often]
Clause 32 – NOW 33 – New School Attendance Orders
Clause 32 – NOW 33 – of the bill sets out additional uses for the school attendance order [SAO] process (not just unsuitable education) plus much harsher penalties for failure to comply.
Lords amendments to clause 32 revealed strong disagreement with:
- new use of school attendance order (eg Condition B if child protection enquiry or action)
- allowing local authorities to start SAO process if parents fail to provide or update for the register
(Conditions C and D) combined with vastly increased penalties - local authorities able to start SAO process for minor registration errors
- local authority power to decide child’s best interests when serving order, especially if parents can’t appeal
- SAO process starting too quickly
- when SAO may not be appropriate eg if school anxiety or special needs
- local authority considering all settings and providers during SAO process (intrusive and unworkable, providers opting instead to close down)
- local authority equating refusal of home visit with unsuitable education
- government not considering how child might react to inspector in home
- local authority not having to justify decision to pursue order
- no independent route for parents to appeal or challenge the order
- vastly increased penalties for not registering child at school if served with order (combined with more extensive use of orders)
Current School Attendance Orders
For comparison, read about current school attendance order legislation here https://edyourself.org/school-attendance-orders/
Clauses 33-35 – NOW 34-36
33 NOW 34 Children not in school: processing of information
34 NOW 35 New Statutory Guidance children not in school and school attendance orders
35 NOW 36 Consequential Amendments