Legislative gaps hinder "ensuring suitable education at home, unregistered settings”

Current legislation does not support local authorities to effectively safeguard vulnerable learners and ensure they are receiving a suitable education either in their home or in unregistered settings, also known as illegal schools, the Association of Directors of Children’s Services has claimed (ACDS).

Debbie Barnes, Chair of the ADCS' Educational Achievement Policy Committee, said: “For example, there is no requirement on some schools, or on parents of children being electively home educated to provide information or evidence of the quality of their pupils’ education or their health and wellbeing.”

Barnes’ comments came after the National Children’s Bureau (NCB) this week published a report revealing that 49,187 children in England were reported as missing education in 2016/17. Children missing education (CME) are defined as children of compulsory school age who are not registered pupils at a school and are not receiving suitable education elsewhere.

The NCB report also found:

• The proportion of CME who were eligible for free school meals when they were last in school – “often linked to a low family income or being dependent on benefits” - was 9 percentage points higher than average (22% as opposed to 13%), “highlighting the link between deprivation and poor education outcomes”.
• Some 15% of CME were ‘known’ to social services (only 5.5% of all children are referred to social services). “These children who are on the radar of social workers and are also missing education, may be at significant risk of abuse, harm or falling into crime”.

The ADCS’ Barnes said: “Missing out on a good education is bad for a child’s development and ultimately for their life chances yet this report highlights that tens of thousands of children were reported as missing from education last year.

“Children go missing from education for many reasons, and there is no way of really knowing if the experiences they are receiving elsewhere are suitable and preparing them for adulthood. For a small but worrying minority this can be the first sign of vulnerability to all forms of abuse and neglect, including sexual exploitation or radicalisation.”

Barnes said that in the absence of national level data showing the number of children missing from education across the country many children were effectively hidden from education and, in some cases, local authority children’s services, “in that we do not have a true picture of this cohort, their needs or the opportunity to offer the timely and appropriate support they need to thrive”.

She added: “We must be clear about identifying and preventing those who are falling through the gaps in education and championing their needs.”

On the gaps in existing legislation, the ADCS’ Barnes said: “This is seriously concerning for directors of children’s services as it reduces our ability to ensure children are safe, well supported and receiving a good standard of education, and should be for government too.

“Without urgent action from government to bridge the gaps in legislation that currently exist vulnerable children and young people will continue to be caught in the middle.”

Anna Feuchtwang, Chief Executive of the National Children’s Bureau, said: “It is alarming that thousands of children are missing education every year, and vital that each one gets the right support to protect them from harm and support them back into learning. The government has the opportunity now to update the statutory guidance and take action to understand and protect this vulnerable group.”