Agenda item

Report of Cabinet Member for Education (and SEND)

The Committee considered a report of the Cabinet Member for Education and SEND (Schedule 3 to the signed minutes) giving details of the Elective Home Education Service in the County during 2020/21.

Members were informed that under the Education Act 1996 all parents had a duty to secure appropriate full-time education for their children which could include ‘Elective Home Education’ (EHE).  However, the current legal framework did not provide a system for either regulating home education or enforcing education by a particular method. Instead, it specified a system for identifying and dealing with children who were not receiving a suitable full-time education. If a child was not attending school fulltime, the law required the Local Authority to ascertain what education was being provided and to take further action, if required. In addition, Local Authorities’ safeguarding responsibilities were the same for all children whether educated in school or not.

In line with national trends, the number of children in EHE in Staffordshire had been increasing year on year. This had given rise to concerns by the Corporate Parenting Panel over the potential vulnerability of EHE pupils. In response, a joint review had been undertaken by the Committee and Prosperous Staffordshire Select Committee in 2018 following which it was recommended that:-

“(i) the Cabinet Member supports representation being made to Ofsted with regard to the mechanism in place to take account of the reasons for deregistration and, where there is a disproportionately high number de-registering for EHE, consider more closely the reasons behind this;

(ii) the Cabinet Member consider how staffing can be increased in recognition of the significant increase in the numbers of EHE and the consequent implications to workload and resources;

(iii) the Cabinet Member consider how this event (development of an annual event to celebrate the achievements of the EHE community) can be supported and facilitated and;

(iv) supporting the introduction of a registration scheme for all children of statutory school age who are or become electively home educated and ask the Cabinet Member to make representations and lobby in support of the current Private Members Bill introduced by Lord Soley on Home Education”.

The Cabinet Member highlighted that total number of children in EHE had increased by 1296 during the current year. This represented an increase of 537 over the same period in 2019/20 and whilst in-line with national trends was directly attributed to the effects of the 2020 Covid-19 pandemic. Also, the proportion of children with an Education Health and Care Plan (EHCP) had decreased from 82 during 2019/20 to 54 in the current year to date. Whilst the majority of children in EHE identified as British/English, 11% had chosen not to express their ethnicity, with the third largest group being Gypsy/Roma at 8%. Furthermore, according to EHE Population Vulnerability Indicators, there were currently 315 children categorised as a concern (educational or welfare) compared to only 29 cases at the start of the Educational Year.

During their full and detailed scrutiny of the Authority, the Committee sought an update on progress which had made in implementing the above-mentioned recommendations. Whilst new guidance on managing EHE had been published by the Department for Education (DfE), requests to review and amend the law had so far not been taken up by Government. However, Members were encouraged to learn that a consultation on the establishment of a register of children not attending mainstream schools (together with other changes) had been held in April 2019 and a report on the outcome was expected to be published in January 2021.

With regard to the County Council’s EHE support service, they were pleased to learn that three additional members of staff had made good progress in achieving the targets set out in DfE guidance which stated that all EHE families should be contacted on 12 month rolling programme. However, since the Pandemic slippage against this target had occurred, although additional resources had been secured to help manage the influx of new families. Whilst it was hoped the team would be able to resume their contacts with existing families in the near future their priority would remain those families where education provision had given rise to concerns and those known to social care services.

Members heard that arrangements were on-going for the establishment of an annual event to celebrate the achievements of EHE students. Although they acknowledged the significant additional pressure on the service caused by the Pandemic, they expressed their wish for the recommendation to be implemented as soon as possible.

Further discussion ensued on the need for a Long-Term Plan for the management of EHE. However, they noted that, as the legislation currently stood, the Authority were unable to promote or require education in a school setting as a preference over that of EHE. The also noted the role of the County Council was to provide additional support needed by families who chose EHE. Members were mindful that the quality of EHE could vary widely between families depending on socio-economic, educational and other factors. They were particularly concerned about CiN, those children with Child Protection Plans and those not currently known to the Local Authority. In conclusion, they spoke of the need to continue to lobby Government about the legislative changes required, (as identified by their previous Working Group), having regard to the time since the 2019 consultation and publication of the report and expressed support for a further Working Group to be convened during 2021 to evaluate progress.

RESOLVED – (a) That the report be received and noted.

(b) That the Chairman, in consultation with the Cabinet Member for Education (and SEND), continue to lobby Government on the need for legislative changes governing Elective Home Education in particular the introduction of a registration scheme for all children of statutory school age who are or become electively home educated.

(c) That the Prosperous Staffordshire Select Committee be invited to participate in a further Working Group to evaluate progress against the recommendations of the 2018 Joint Working Group, following publication of the report on the findings of the April 2019 Department for Education consultation entitled ‘Children not in School’.