Asked by: Baroness Deech (Crossbench - Life peer)
Question to the Department for Education:
To ask Her Majesty's Government what assessment they have made of the Ofsted Chief Inspector's call for (1) a register of children being home educated, and (2) stronger legislation to enable the closing down of illegal schools.
Answered by Baroness Barran - Shadow Minister (Education)
The department agrees with the Ofsted Chief Inspector’s call for a form of register for children not in school, and is committed to this. We will set out further details on this in the government response to the ‘Children Not in School’ consultation, which we will publish in the coming months.
The department has previously committed to taking forward measures to make it easier for Ofsted to investigate and gather evidence of breaches of section 96 of the Education and Skills Act 2008, and prosecute those responsible for running unregistered schools, including in the 2019 Integrated Communities Action Plan. Such measures are planned to be taken forward when a suitable legislative opportunity arises.
Asked by: Baroness Deech (Crossbench - Life peer)
Question to the Department for Education:
To ask Her Majesty's Government what estimate they have made of the number of children who have been subjected to (1) serious abuse, or (2) corporal punishment, in (a) unregistered, or (b) illegal, religious schools since 2013.
Answered by Baroness Barran - Shadow Minister (Education)
Any educational institution which provides full-time provision to 5 or more pupils of compulsory school age (or one or more pupils of compulsory school age who is ‘looked after’ or has an education, health and care plan) is required to register with the Secretary of State for Education as a school. It is a criminal offence under section 96 of the Education and Skills Act 2008 to conduct an independent educational institution unless it is registered.
The existing definition of full-time education does not capture education providers which offer only a narrow curriculum even if this teaching takes place throughout all, or most, of the school day.
The consultation on regulating independent educational institutions included proposals to consider how to expand on the categories of full-time institutions that will be regulated in the same way that independent schools are currently regulated, and to change the definition of independent schools in primary legislation to incorporate such education providers. Taking forward the proposals would bring a range of currently unregistered institutions under the independent education regulatory regime.
The government remains committed to changing the law on the registration of independent educational institutions. We repeated that commitment in the department’s evidence to the Independent Inquiry into Child Sexual Abuse, and we welcomed the recommendation when the report was recently published.
Publication of the response to the regulating independent educational institutions consultation is expected in early 2022.
The department has not made any estimate of the number of children attending or who have left unregistered schools. Those conducting an unregistered school are committing a criminal offence and they do not generally inform the department about the school’s operation. The same principle applies to the number of children who have suffered serious abuse or corporal punishment at an unregistered school.
Asked by: Baroness Deech (Crossbench - Life peer)
Question to the Department for Education:
To ask Her Majesty's Government what estimate they have made of the number of children that have left unregistered religious schools lacking (1) basic skills, or (2) qualifications, since 2013.
Answered by Baroness Barran - Shadow Minister (Education)
Any educational institution which provides full-time provision to 5 or more pupils of compulsory school age (or one or more pupils of compulsory school age who is ‘looked after’ or has an education, health and care plan) is required to register with the Secretary of State for Education as a school. It is a criminal offence under section 96 of the Education and Skills Act 2008 to conduct an independent educational institution unless it is registered.
The existing definition of full-time education does not capture education providers which offer only a narrow curriculum even if this teaching takes place throughout all, or most, of the school day.
The consultation on regulating independent educational institutions included proposals to consider how to expand on the categories of full-time institutions that will be regulated in the same way that independent schools are currently regulated, and to change the definition of independent schools in primary legislation to incorporate such education providers. Taking forward the proposals would bring a range of currently unregistered institutions under the independent education regulatory regime.
The government remains committed to changing the law on the registration of independent educational institutions. We repeated that commitment in the department’s evidence to the Independent Inquiry into Child Sexual Abuse, and we welcomed the recommendation when the report was recently published.
Publication of the response to the regulating independent educational institutions consultation is expected in early 2022.
The department has not made any estimate of the number of children attending or who have left unregistered schools. Those conducting an unregistered school are committing a criminal offence and they do not generally inform the department about the school’s operation. The same principle applies to the number of children who have suffered serious abuse or corporal punishment at an unregistered school.
Asked by: Baroness Deech (Crossbench - Life peer)
Question to the Department for Education:
To ask Her Majesty's Government when they will publish their response to the Regulating independent educational institutions consultation, which ran from 14 February 2020 to 27 November 2020.
Answered by Baroness Barran - Shadow Minister (Education)
Any educational institution which provides full-time provision to 5 or more pupils of compulsory school age (or one or more pupils of compulsory school age who is ‘looked after’ or has an education, health and care plan) is required to register with the Secretary of State for Education as a school. It is a criminal offence under section 96 of the Education and Skills Act 2008 to conduct an independent educational institution unless it is registered.
The existing definition of full-time education does not capture education providers which offer only a narrow curriculum even if this teaching takes place throughout all, or most, of the school day.
The consultation on regulating independent educational institutions included proposals to consider how to expand on the categories of full-time institutions that will be regulated in the same way that independent schools are currently regulated, and to change the definition of independent schools in primary legislation to incorporate such education providers. Taking forward the proposals would bring a range of currently unregistered institutions under the independent education regulatory regime.
The government remains committed to changing the law on the registration of independent educational institutions. We repeated that commitment in the department’s evidence to the Independent Inquiry into Child Sexual Abuse, and we welcomed the recommendation when the report was recently published.
Publication of the response to the regulating independent educational institutions consultation is expected in early 2022.
The department has not made any estimate of the number of children attending or who have left unregistered schools. Those conducting an unregistered school are committing a criminal offence and they do not generally inform the department about the school’s operation. The same principle applies to the number of children who have suffered serious abuse or corporal punishment at an unregistered school.
Asked by: Baroness Deech (Crossbench - Life peer)
Question to the Department for Education:
To ask Her Majesty's Government what plans they have to legislate to close the loopholes that enable unregistered but de facto full-time educational settings to avoid registration.
Answered by Baroness Barran - Shadow Minister (Education)
Any educational institution which provides full-time provision to 5 or more pupils of compulsory school age (or one or more pupils of compulsory school age who is ‘looked after’ or has an education, health and care plan) is required to register with the Secretary of State for Education as a school. It is a criminal offence under section 96 of the Education and Skills Act 2008 to conduct an independent educational institution unless it is registered.
The existing definition of full-time education does not capture education providers which offer only a narrow curriculum even if this teaching takes place throughout all, or most, of the school day.
The consultation on regulating independent educational institutions included proposals to consider how to expand on the categories of full-time institutions that will be regulated in the same way that independent schools are currently regulated, and to change the definition of independent schools in primary legislation to incorporate such education providers. Taking forward the proposals would bring a range of currently unregistered institutions under the independent education regulatory regime.
The government remains committed to changing the law on the registration of independent educational institutions. We repeated that commitment in the department’s evidence to the Independent Inquiry into Child Sexual Abuse, and we welcomed the recommendation when the report was recently published.
Publication of the response to the regulating independent educational institutions consultation is expected in early 2022.
The department has not made any estimate of the number of children attending or who have left unregistered schools. Those conducting an unregistered school are committing a criminal offence and they do not generally inform the department about the school’s operation. The same principle applies to the number of children who have suffered serious abuse or corporal punishment at an unregistered school.
Asked by: Baroness Deech (Crossbench - Life peer)
Question to the Department for Education:
To ask Her Majesty's Government, further to the High Court decision in Goodred v Portsmouth City Council [2021] EWHC 3057, what steps they are taking to ensure that local authorities are aware of their powers to carry out inquiries to check that home schooled children are receiving "a suitable education", as required by the Education Act 1996.
Answered by Baroness Barran - Shadow Minister (Education)
The department intervened in the Goodred v Portsmouth City Council judicial review as a neutral party to assist the court in understanding relevant guidance and legislation. A judgment was handed down on 16 November 2021, where the claim was dismissed on all grounds.
The government has substantially strengthened its guidance to local authorities on exercising their powers in relation to elective home education. The revised guidance, which was published in April 2019, sets out the steps that local authorities should take to satisfy themselves that the education provided by parents at home is suitable, and the actions that they can take if they are not satisfied. This guidance will be reviewed again in due course.
Asked by: Baroness Deech (Crossbench - Life peer)
Question to the Department for Education:
To ask Her Majesty's Government whether their proposals to champion freedom of speech in universities extends to (1) hate speech, and (2) antisemitic speech, as defined by the International Holocaust Remembrance Association.
Answered by Lord Parkinson of Whitley Bay - Shadow Minister (Culture, Media and Sport)
My right hon. Friend, the Sectary of State for Education, announced new measures to strengthen free speech and academic freedom at universities in England on 16 February 2021, in order to stamp out unlawful silencing on campuses. The new measures set out in the policy paper will help to ensure that our universities are places where free speech can thrive. The policy paper can be found here: https://www.gov.uk/government/publications/higher-education-free-speech-and-academic-freedom.
However, the right to free speech does not include the right to harass others, or to incite violence or terrorism. The government has always been very clear that there is no place in our society, including in higher education, for hatred or any form of harassment, unlawful discrimination or racism, including antisemitism. Universities have clear responsibilities in this regard: they and other higher education providers should be at the forefront of tackling hatred.
In October 2020, the Secretary of State wrote to all higher education providers in England urging adoption of the International Holocaust Remembrance Alliance’s (IHRA) working definition of antisemitism. It is estimated that at least 31 additional institutions have adopted the definition since this letter, with more indicating their intention to adopt. We have been clear that adopting the IHRA definition sends a clear and important signal to students and staff that antisemitism is taken seriously and it will not be tolerated. The IHRA definition allows providers better to understand and recognise incidents of antisemitism, which helps them to address hatred or unlawful discrimination in higher education settings. We will continue to call on providers to adopt the IHRA definition of antisemitism.
The government does not see a conflict between protecting freedom of speech and adopting the IHRA definition. Indeed, our strengthened protections for free speech are likely to support Jewish students who on a number of occasions have had their freedom of speech curtailed by others. Universities have clear legal responsibilities regarding discrimination and harassment, and must balance these with their legal duties to protect free speech.
We will continue to work across government to ensure that racism and religious hatred of any kind is not tolerated anywhere, including in our world-leading universities.
Asked by: Baroness Deech (Crossbench - Life peer)
Question to the Department for Education:
To ask Her Majesty's Government, further to the report by University College London What do Students Know and Understand about the Holocaust, published on 19 April 2018, what plans they have for the reform of holocaust education in schools.
Answered by Baroness Berridge
The Government has supported Holocaust education for many years and is fully committed to continuing this support.
In recognition of its importance, the Holocaust is the only historic event which is compulsory within the national curriculum for history at key stage 3. This ensures that young people from every background can continue to learn about the Holocaust and its relevance today. Effective teaching about the Holocaust can support pupils to learn about the possible consequences of antisemitism and extremism and to understand how society can prevent the repeat of such a catastrophe.
The Department for Education further supports school pupils’ and teachers’ understanding of the Holocaust by providing funding for the University College London’s Centre for Holocaust Education, £500,000 in the 2020-21 finanical year match-funded by the Pears Foundation, and the Holocaust Educational Trust’s Lessons from Auschwitz project, £2.193 million for the 2020-21 financial year. These programmes help reach all types of schools and help to develop high-quality teaching across the school sector.
The University College London Centre for Holocaust Education’s report and wider research informs the continuing professional development work for teachers that the Department for Education funds by identifying key gaps in knowledge and underpins the educational resources that the centre makes available to teachers across the country.
Asked by: Baroness Deech (Crossbench - Life peer)
Question to the Department for Education:
To ask Her Majesty's Government, further to the answer by Baroness Berridge on 12 May (HL Deb, col 569), what plans they have to ensure that secondary school pupils receive adequate sex education despite the right of parents with objections to request to withdraw them from the lessons.
Answered by Baroness Berridge
We want to support all young people to be happy, healthy and safe. We also want to equip them for adult life and to make a positive contribution to society. That is why we are making Relationships Education compulsory for primary school-age pupils, Relationships and Sex Education (RSE) compulsory for secondary school-age pupils and Health Education compulsory for pupils in all state-funded schools, from September 2020.
The statutory guidance sets out that parents will continue to have a right to request to withdraw their child from sex education delivered as part of RSE in secondary schools which, unless there are exceptional circumstances, should be granted up to three terms before their child turns 16. At this point, if the child themselves wishes to receive sex education rather than be withdrawn, the school should make arrangements for this to happen in one of the three terms before the child turns 16, the legal age of sexual consent. The statutory guidance can be accessed via the following link: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/805781/Relationships_Education__Relationships_and_Sex_Education__RSE__and_Health_Education.pdf.
Parents will not be able to request to withdraw their child from sex education delivered as part of the science curriculum. There is also no right to withdraw from Relationships Education at primary or secondary as we believe the content of these subjects is essential in supporting pupils’ wellbeing and attainment, and helping young people to become successful and happy adults who make a meaningful contribution to society.
Before granting any such request from parents, it would be good practice for the headteacher to discuss the request with parents and, as appropriate, with the child to ensure that their wishes are understood and to clarify the nature and purpose of the curriculum. Good practice is also likely to include the headteacher discussing with parents the benefits of receiving this important education and any detrimental effects that withdrawal might have on the child.
Parents should also be given every opportunity to understand the purpose and content of Relationships Education and RSE. Good communication and opportunities for parents to understand and ask questions about the school’s approach help increase confidence in the curriculum. This can be an important opportunity to talk about how these subjects contribute to wider support in terms of pupil wellbeing and keeping children safe.
Asked by: Baroness Deech (Crossbench - Life peer)
Question to the Department for Education:
To ask Her Majesty's Government what steps will be taken to ensure that the right of secondary school pupils to opt in to sex education three terms before they turn 16 will be independently exercised in circumstances where their parents had previously withdrawn them from sex education lessons.
Answered by Baroness Berridge
We want to support all young people to be happy, healthy and safe. We also want to equip them for adult life and to make a positive contribution to society. That is why we are making Relationships Education compulsory for primary school-age pupils, Relationships and Sex Education (RSE) compulsory for secondary school-age pupils and Health Education compulsory for pupils in all state-funded schools, from September 2020.
The statutory guidance sets out that parents will continue to have a right to request to withdraw their child from sex education delivered as part of RSE in secondary schools which, unless there are exceptional circumstances, should be granted up to three terms before their child turns 16. At this point, if the child themselves wishes to receive sex education rather than be withdrawn, the school should make arrangements for this to happen in one of the three terms before the child turns 16, the legal age of sexual consent. The statutory guidance can be accessed via the following link: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/805781/Relationships_Education__Relationships_and_Sex_Education__RSE__and_Health_Education.pdf.
Parents will not be able to request to withdraw their child from sex education delivered as part of the science curriculum. There is also no right to withdraw from Relationships Education at primary or secondary as we believe the content of these subjects is essential in supporting pupils’ wellbeing and attainment, and helping young people to become successful and happy adults who make a meaningful contribution to society.
Before granting any such request from parents, it would be good practice for the headteacher to discuss the request with parents and, as appropriate, with the child to ensure that their wishes are understood and to clarify the nature and purpose of the curriculum. Good practice is also likely to include the headteacher discussing with parents the benefits of receiving this important education and any detrimental effects that withdrawal might have on the child.
Parents should also be given every opportunity to understand the purpose and content of Relationships Education and RSE. Good communication and opportunities for parents to understand and ask questions about the school’s approach help increase confidence in the curriculum. This can be an important opportunity to talk about how these subjects contribute to wider support in terms of pupil wellbeing and keeping children safe.