PAPER C

CHILDREN’S SERVICES SELECT COMMITTEE – 20 JANUARY 2005

PUPILS EDUCATION OTHERWISE

REPORT OF THE PORTFOLIO HOLDER FOR CHILDREN’S SERVICES

REASON FOR SELECT COMMITTEE CONSIDERATION

‘To review, in line with Ofsted recommendations and the subsequent LEA Action Plan, a report from Senior Officers on the number of children involved (in being educated at home), and the suitability of education provided.’

ACTION REQUIRED BY THE SELECT COMMITTEE

1. To receive and note the report

2. To determine whether any further action or information is required

BACKGROUND

1.1 In scrutiny of performance it is important that members recognise the legal constraints within which the Local Authority operate in this area of work.

1.2 Parents:

n Have a statutory right to education their children otherwise than at school

n Education is deemed suitable if it primarily equips a child for life in the community of which he is a member.

n The education provided does not have to conform to any hypothetical standard set by a school or LEA – this would include National Curriculum requirements.

1.3 The Authority:

n Is required to act if ‘it appears’ that any child is not receiving suitable education.

n Is entitled to ask parents for information as a basis for making a decision that the educational provision is suitable.

n Has no automatic right of access to the parents home

1.4 These principles are set out more fully in the Position Paper at Appendix 1.

2. Context

2.1 The Isle of Wight, as recognised by Ofsted in its report of 2003, has approximately 1% of the school population educated at home by their parents. This figure is high and was an increase in the position over 2000.

2.2 Although considered to be a ‘high’ figure there is no national comparative data available either through the Ofsted LEA Statistical Profile or via the Financial Statistical Profile between authorities (CiPFA).

2.3 The Ofsted report indicated that there were inconsistencies within the database which hindered effective monitoring but the report also recognised that effective procedures were in place to ensure that pupils do not become lost from the education system. Officers were seen to be diligent in gaining access to children although judgements about appropriateness of provision was inadequate.

2.4 In some cases the duration on ‘education otherwise’ through home education is extremely brief and this can arise as a consequence of children not being allocated their first choice of school and parents making a decision to educate their child at home even though an alternative school place is offered.

GRAPH A

2.5 Parents are not legally required to give a reason as to why they wish to educate at home. Instances have arisen where parents have attempted home education as an alternative to prosecution because of persistent absence from school. In such cases this would not necessarily result in a prosecution being avoided and monitoring to ensure appropriateness of provision is heightened, with close involvement with the Education Welfare Service. In other cases ‘bullying’ is cited as a reason for education at home; in such cases liaison with the school is undertaken in order to assist in resolution of perceived difficulties.

3. Number of Children Involved

3.1 These are currently 117 children educated at home by parents as at January 2005. As at September 2004 there were 126 children, 19 have returned to mainstream education during the last term.

TABLE 1 – Children educated at home from September 2004

PHASE	MALE	FEMALE	TOTAL
Primary	19	18	37
Middle	23	25	48
High	21	20	41
	63	63	126

GRAPH B

The number of children who returned to school from Home Education during 2003-2004 was 71. 38 left as they were above statutory school leaving age.

GRAPH C

4. Processes

4.1 Since the LEA Ofsted inspection the Education Management System – Children’s Support Service module has been fully implemented. This is a database facility which automatically links to all pupils who are maintained on the Authority’s database.

4.2 This module allows all visits and contacts to be recorded electronically and automatic alerts to be set to indicate to officers as to when the next contact needs to be made – Appendix 2.

4.3 In addition a new report format was introduced to provide a standard template for written reports, which are also held electronically, and a section included regarding a judgement on the appropriateness of the provision – Appendix 3.

4.4 The process of referral and monitoring once the LEA is aware of parents educating at home is set out at Appendix 4 in a set of 3 flow charts.

4.5 Where concerns are identified, either through the quality of provision or for other reasons appropriate action is taken.

4.6 In the case of unsatisfactory provision parents are advised of the measures they need to put in place in order to improve the quality of input; the frequency of monitoring visits is increased in order to reflect those concerns. If improvements are unsatisfactory parents are invited to meet with the Senior Education Officer (Access and Inclusion) to discuss the situation and explore alternative options. Four pupils returned to school as a consequence of such concerns in 2003/04. In addition, one case is being considered through the court system.

4.7 There are a number of active support groups for parents who choose to educate at home on the Isle of Wight. The teacher with responsibility for monitoring home education liaises through regular meetings (4 times per year) with representatives in order to foster positive relationships and facilitate links between parents where permission has been given.

CONSULTATION PROCESS

No consultation has been undertaken with regard to the present system of monitoring which is a statutory duty of the LEA.

FINANCIAL, LEGAL, CRIME AND DISORDER IMPLICATIONS

Whilst there are no immediate legal implications there is always a risk that the authority may be liable to litigation at some future point if young people, as they become adults, believe their educational opportunities have not been well served by the authority. Such litigation would establish new case law and each case would be considered on its individual merits, notwithstanding parents rights are seen to be paramount in the decisions they make on behalf of their children.

The report itself does not have any financial implications. However, if members make decisions with regard to the frequency or nature of monitoring these may have time and/or financial implications.

APPENDICES ATTACHED

n Appendix 1 – Position paper for Education other than at School

n Appendix 2 – Visits and contacts

n Appendix 3 – Template for written reports

n Appendix 4 – Referral and monitoring process

BACKGROUND PAPERS USED IN THE PREPARATION OF THIS REPORT

None

Contact Point: Rob Faulkner, Head of Pupil Services Tel: 823458 Email: [email protected]

JILL WAREHAM

Portfolio Holder for Children’s Services