My Lords, I support the noble Lord, Lord Lucas, and his amendment, primarily because this is the first chance we will get to dig out some detail here. Many of the questions I have about this are directed at the Government Front Bench, because the Government’s attitude is crucial. There is undoubtedly a problem with home education, with the fact that it is totally unregulated and we do not really know what is going on. That is the nub of it.
Everybody who comes to see me over this reckons that they are doing a pretty good job in producing something. We on these Benches had as a party group a meeting with some home educators. The interesting thing was that, within about 20 minutes, they were arguing among themselves as to what was the true essence of home education in quite a heated way. The only consensus we got was when I asked them whether they agreed that a child has a right to an education that equips them for adult life afterwards. That was the only degree of agreement we got.
Most of this is dictated by people talking about things such as the rights of the parent. The rights of the child are there. The essence of keeping a record of those who are being home educated is fine. I do not think that there is anybody who would disagree with that. However, I am afraid that I have quite a lot of problems with the detail on this. I am not sure how it will work. There is far too much undiscussed government regulation that will be relied on afterwards and so on.
If the Government are paying attention to this, it is largely as a result of some classic cases of neglect or cruelty where a person has been hidden away. Throughout the communities I have spoken to about this, everyone agrees that there are cases where there are seven or so children and they just cannot be bothered to deal with them, so they home educate them and nothing happens. That example has literally been said to me. I was not given any dates, times or names, but I was given that example. What do the Government intend to do to find out what is being done there?
Then, when it comes to regulation, you start to get into very muddy waters. I have had briefings from the local government authority which say, “This is great, but we do not have any power to enter a home”. I do not know whether or not that is right. Does the Minister have an answer to that technical question? All the powers for registration and assessment do not matter if you cannot get into the home. I suspect that is wrong and that other legislation could be used, but you will need a mechanism to identify and cross-reference. Is that not fun? Is it not easy to do? It would be asking a bit much of a Private Member’s Bill to get anywhere near that. Can we have some answers from the Government
about what they are prepared to do on this? If we do not, we will not know what the intention is on whether there will be the back-up and authority to go through with this.
Following on from what the noble Lord, Lord Lucas, said, we should remember that many people are home educating because they feel the system has failed them. I do not often make an intervention in an education debate without mentioning dyslexia, and I draw the Committee’s attention to my interests in that field. It may have been more common in the past, but it still happens now that people may go into the system without an early enough identification of their special educational needs. They have a bad experience and the school gets into a series of appeals about what used to be statements and are now plans. A conflict situation develops with the education establishment, and some people say “Enough is enough” and pull out.
As the noble Lord, Lord Lucas, also said, the state then seems to more or less wash its hands of the pupils and many home-educating parents ask, “What is the state’s duty to ensure that we have some assistance?”. If children become school phobic because they have failed or have special educational needs—for example, if they have been overloaded with inappropriate maths and English tuition and help which dyslexics cannot absorb and makes life a living hell for them—what is the state going to do? Dyslexia is a difficulty with short-term memory and an inability to sequence, which anyone who has tried to organise my diary will know manifests itself in me on occasion. If they have to go through this, what is the role of the state to support them? It is a complicated issue. The question of resources also arises. Will we do this? If help is made compulsory, this would lead to a situation in the current world where home-educated pupils would get more assistance than they would do in the school system. It gets more and more complicated.
Can the Minister say what the Government think should happen now? What is their thinking on this? It is clear that the noble Lord, Lord Solely, has enjoined a process of kicking the Government into action, but what are they doing? That will be covered in the rest of this discussion. Is this Bill merely a footnote, a forlorn hope or a part of the process? We need to know because that will colour everything that happens in the rest of today, the future of the Bill and on this issue over the next couple of years. If we are to get this legislation through, it must be fit for purpose.