Details of CSF Bill sections 26 (Schedule One,) and 27

See also: CSFBillLetter1

Rule by Regulation 

Section 26 of the CSF Bill, proposes that provisions concerning the registration and monitoring of elective home education be entirely in the hands and at the whim of whomever is the Secretary of State (provisions of Schedule One) in whichever happens to become the ruling party of government to make (delegated) legislation by statutory instrument that will only be subject to the negative resolution procedure; this means it will not receive parliamentary scrutiny.  (Section 27 makes similar provisions for Wales.) Most of the subsections naming reasons to register or not do not define the reasons which will be subject to regulation. This is a recipe for absolute power and corruption and means that parliament is being asked to pass a skeleton bill providing powers to the secretary of state that they need to agree on to pass the bill without knowing what it might contain later and which will subject the people of England to arbitrary authority with no recourse to due process on issues of their personal and family life as well as matters of conscience. 

contents:

SCHEDULE ONE confers wide ranging regulatory powers:

Powers to make regulations under the csf bill Schedule One:

Schedule One is a whole take it all or reject it all measure I think – any more knowledgeable comment on that?

If parliament passes section 26, (which brings Schedule One into effect,) they will be giving power to the Secretary of State to make the following regulations:

19A Maintenance of home education register:

Regulations may make provision about maintenance of the register.

The regulations may, in particular, make provision about amendment of the register

19C Entry of child’s details on home education register: supplementary provision

Regulations may make provision about steps to be taken by an authority in connection with an application for a child’s details to be entered on their home education register

The regulations may, in particular, make provision about matters that are or are not to be taken into account by an authority in deciding 

(a) whether to register a child’s details under section 19B (3); (re-application following previously unsuccessful applications, application following revocation of registration, and application where a school attendance order is in effect.)

(b) whether a child is within section 19B(7); (where the authority consider that it would be harmful to the child’s welfare for the child to become  or  continue to be a home-educated child.)

(c) whether section 19B(8) applies to a child’s application. (if the authority consider that information that has been provided in connection with the application is incorrect or inadequate in a material respect [whether or not it was so when it was provided].)

Regulations under section 19B(1)(a) (a parent of a child in the area of a local authority in England has applied to the authority, in the prescribed manner, for the child’s details to be entered on their home education register) may, in particular, make provision within subsection (4) (registration disallowed or revoked where an authority consider it would be harmful to the child’s welfare) or (5) (notification to parent re registration/refusal or decision it would be harmful to child to register/continue registration). 

19F Revocation of registration

Regulations may make provision about steps to be taken by an authority in connection with revocation, or proposed revocation, of registration of a child’s details on their home education register

The regulations may, in particular, make provision about matters that are or are not to be taken into account by an authority 

(a)    in determining whether any of the conditions in subsection (1)(b) to (f)* is met;

(b)   in determining whether to revoke registration of a child’s details under this section

* (1) A local authority in England may revoke the registration of a child’s details on their home education register if it appears to them that

(b) information that has been provided in connection with the application for the child’s details to be entered on the register is incorrect or inadequate in a material respect (whether or not it was so when it was provided),

(c) the child is not a home-educated child,

(d) it would be harmful to the child’s welfare for the child to continue to be a home-educated child,

(e) by reason of a failure to co-operate with the authority in arrangements made by them under section 19E, or an objection to a meeting as mentioned in section 19E(4), the authority have not had an adequate opportunity to ascertain the matters referred to in section 19E(1),

(f) the child is not receiving suitable education

19G Appeal against authority’s decision

Regulations made under this section shall— 

(a) confer a right of appeal on a parent to whom a local authority in England have given notice under section 19B(5)(b) (previous unsuccessful application, revoked under section 19F, SAO in force or the  authority consider that information that has been provided in connection with the application is incorrect or inadequate in a material respect whether or not it was so when it was provided. )

or (c)  (harmful to the child’s welfare)

or 19F(3), (notified of revocation of registration under 19F) and

(b) make provision in respect of appeals brought in exercise of that right.

The regulations may, in particular make provision 

(a) about the period within which a right of appeal may be exercised;

(b) for the extension of the registration period provided for in section 19D in a case where a right of appeal has been exercised;

(c) about the person or body to whom an appeal lies and the powers of that person or body;

(d) for the payment of an allowance or the making of other payments to that person or to members of that body;

(e) about the matters to which regard is to be had in considering an appeal;

(f) as to the procedure on appeals

19H Supply of information for purposes of home education functions

Regulations may make provision for a person within subsection (2) (LAs and school proprietors from child’s school/previous school) to be required to supply to a local authority in England, for the purposes of the exercise of their home education functions, prescribed information about a child of compulsory school age 

(a) whose name has been deleted from the register maintained by the proprietor of a school in England under section 434 because the child is, or is to be, a home-educated child,

(b) in respect of whom an application has been made for registration on the authority’s home education register

(c) registration of whose details on the home education register of another local authority has been refused or revoked, or

(d) in respect of whom a notice, or a school attendance order, has been served by a local authority in England under section 437 

19I Home education register: statutory guidance

In exercising their functions under or by virtue of sections 19A to 19H, a local authority in England shall have regard to any guidance given from time to time by the Secretary of State.