Moved by
Baroness Penn
68: Clause 49, page 42, leave out line 30
Member's explanatory statement
This amendment removes the broad power to prescribe information that must be contained in the register of children not in school. It is replaced with a more targeted power: see the new subsection (1A) inserted by the amendment in Baroness Barran’s name at clause 49, page 42, line 30.
69: Clause 49, page 42, line 30, at end insert—
“(1A) A register under section 436B must also contain such information about, or in connection with, the following matters in respect of a child registered in it as may be prescribed, to the extent that the local authority have the information or can reasonably obtain it—
(a) the child’s protected characteristics (within the meaning of the Equality Act 2010);
(b) whether the child has any special educational needs, including whether the local authority maintain an EHC plan for the child;
(c) any actions that have been taken by a local authority following, or in connection with, enquiries made by a local authority under section 47 of the Children Act 1989 (local authority’s duty to investigate);
(d) whether the child is a child in need for the purposes of Part 3 of the Children Act 1989 (see section 17(10) of that Act) and, if so, any actions that a local authority have taken in relation to the child under that Part and any services that a local authority have provided to the child in the exercise of functions conferred on them by section 17 of that Act;
(e) whether the child is looked after by a local authority (within the meaning of section 22 of the Children Act 1989);
(f) the reasons why the child meets Condition C in section 436B, including any information provided by a parent of the child as to those reasons or, in a case where a parent has not provided that information, the fact that they have not done so;
(g) whether, under arrangements made under section 436A, the child has been identified as a child who is of compulsory school age but who is not a registered pupil at a school and is not receiving suitable education otherwise than at a school;
(h) the school or type of school (if any) that the child attends or has attended in the past;
(i) whether support is being provided in relation to the child under section 436G and, if so, the nature of the support being provided;
(j) any actions that have been taken by a local authority in relation to the child under sections 436I to 436P (school attendance orders);
(k) any other information about the child’s characteristics, circumstances, needs or interactions with a local authority or educational institutions that the Secretary of State thinks should be included in the register for the purposes of promoting or safeguarding the education, safety or welfare of children.”
Member's explanatory statement
This amendment replaces the broad power currently in section 436C(1)(d) to make regulations detailing information to be included in the register of children not in school with a more targeted power which sets out the matters which regulations may cover.
70: Clause 49, page 43, line 2, at end insert—
“(4) No information from a register under section 436B may be published, or made accessible to the public, in a form—
(a) which includes the name or address of a child who is eligible to be registered under that section or of a parent of such a child, or
(b) from which the identity of such a child or parent can be deduced, whether from the information itself or from that information taken together with any other published information.”
Member's explanatory statement
This amendment would prohibit publication of any information from a register under section 436B which identifies a child who is eligible for registration or a parent of such a child, or allows such a child or parent to be identified.
71: Clause 49, page 43, line 8, leave out from “with” to end of line 11 and insert “any of the information referred to in section 436C(1)(a) and (b) that the parent has.”
Member's explanatory statement
This amendment reduces the obligation on parents to provide information to the local authority when their child becomes eligible to be registered on the children not in school register: it would mean that they would only need to provide information that they have about their child and themselves and the other parent, and not the information prescribed by regulations.
72: Clause 49, page 43, line 14, leave out from “with” to end of line 17 and insert “any of the information referred to in section 436C(1)(a) to (c) that the parent has,”
Member's explanatory statement
This amendment reduces the obligation on parents to provide information, on request from a local authority, in cases where the child is on the children not in school register: it would mean that they would only need to provide the information mentioned in section 436C(1)(a) to (c), and not any information prescribed in regulations under the new subsection (1A) (inserted by the amendment in Baroness Barran’s name at clause 49, page 42, line 30).