My MP Abtisam Mohamed has tabled a number of amendments for Report stage of the Children’s Wellbeing and Schools Bill. [LINK via this page] The debate will take place in the House of Commons on Monday March 17 and Tuesday March 18. See also https://edyourself.org/amendments-for-report-1/
Members of Parliament can add their names to an amendment, see this link https://guidetoprocedure.parliament.uk/articles/jsaXD4Cr/how-to-add-a-name-to-an-amendment
MPs who haven’t signed the amendment can still speak at Report; they don’t have to put their names on a list, they just have to try and catch the Speaker’s eye, according to this link.
My main page on the Bill is here https://edyourself.org/childrens-wellbeing-schools-bill/
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
Abtisam Mohamend 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.
Abtisam Mohamed 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
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.
Abtisam Mohamed 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.
Abtisam Mohamed 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.
Abtisam Mohamed 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.
Abtisam Mohamed 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.
Abtisam Mohamed Amendment 19
★. Clause 27, page 60, line 18, leave out “must” and insert “may”
Showing How The Bill Would Change 2
436I (2) 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.
(3) If a request under subsection (2)(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).