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Children's Wellbeing and Schools Bill version as originally published 17.12.24
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page clause
School Standards and Framework Act 1998
Sentencing Act 2020
Children Act 1989
Education Act 1996
new subsection EA 1996
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Children not in school
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Local authority consent for withdrawal of certain children from school
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After section 434 of the Education Act 1996 insert—
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24434A
“Local authority consent for withdrawal of certain children from school
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434A Local authority consent for withdrawal of certain children from school
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24434A(1)
A parent of a relevant child must obtain the consent of the relevant
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local authority to withdraw the child from school if the parent
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intends—
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(a) that the child should cease to attend the school at which the
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child is a registered pupil, and
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(b) to withdraw the child from school for the purpose of causing
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the child to receive education otherwise than at school.
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24434A(2)
A child is a “relevant child” for the purposes of this section if—
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(a) the child is of compulsory school age,
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(b) the child is a registered pupil at a school in England, and
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(c) condition A or condition B is met in respect of the child.
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24434A(3)
Condition A is that the child became a registered pupil under
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arrangements made by a local authority in England at—
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(a) a special school within the meaning of section 337(1), or
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(b) an independent school within the meaning of section 463 which
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is specially organised to make special educational provision
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for pupils with special educational needs.
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24434A(4)
Condition B is that a local authority in England is—
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(a) conducting enquiries under section 47 of the Children Act 1989
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(duty to investigate) in respect of the child, or
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(b) taking action under section 47(8) of that Act to safeguard or
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promote the child's welfare, in a case where the enquiries
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mentioned in paragraph (a) have led the local authority to
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conclude that the child is suffering, or is likely to suffer,
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significant harm (within the meaning of section 31(9) and (10)
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of that Act).
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24434A(5)
Where the proprietor of a school is notified by a parent of a child who
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is a registered pupil at the school that the parent intends to withdraw
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the child from school for the purpose of causing the child to receive
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education otherwise than at school, the proprietor must notify—
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(a) the local authority responsible for the area in which the school
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is located, and
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(b) the local authority responsible for the child, if different from
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the local authority mentioned in paragraph (a).
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24434A(6)
If a parent of a relevant child applies to the relevant local authority
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for consent to withdraw the child from school for the purpose of
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causing the child to receive education otherwise than at school, the
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authority—
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(a) must decide without undue delay whether to grant consent,
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(b) must refuse consent if the local authority considers—
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(i) that it would be in the child's best interests to receive
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education by regular attendance at school, or
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(ii) that no suitable arrangements have been made for the
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education of the child otherwise than at school,
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but otherwise must grant consent.
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24434A(7)
An application mentioned in subsection (6) may also be made by the
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proprietor of a school at which the relevant child is a registered pupil,
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on behalf of the child’s parent, and with the consent of the parent.
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24434A(8)
The relevant local authority must serve notice of the decision under
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subsection (6) on—
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the parent who made the application, or on whose behalf the
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application was made,
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any other parent of the child, where contact details of that
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parent are known, unless exceptional circumstances apply, and
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the proprietor of a school at which the relevant child is a
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registered pupil.
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24434A(9)
Regulations under section 434—
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(a) must provide that, where consent of the relevant local authority
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is required under subsection (1) in respect of a relevant child,
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the proprietor of a school must not allow the deletion from the
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school’s register of the name of that child unless the proprietor
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receives notice that the relevant local authority has granted
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consent under this section in respect of that child, and
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(b) may make provision to require the proprietor of a school to
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arrange to take, or not to take, any other steps specified in the
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regulations in relation to the registration of a registered pupil
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at the school where a relevant local authority has granted or
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refused consent under subsection (6).
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If a parent is aggrieved by a decision of the relevant local authority
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to grant consent under subsection (6)—
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(a) the parent may refer the question to the Secretary of State, and
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(b) the Secretary of State may—
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(i) uphold the decision of the local authority, or
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(ii) refer the question back to the local authority to
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determine.
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If a parent is aggrieved by a decision of the relevant local authority
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to refuse consent under subsection (6)—
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(a) the parent may refer the question to the Secretary of State, and
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(b) the Secretary of State may—
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(i) give such direction determining the question as the
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Secretary of State considers appropriate, or
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(ii) refer the question back to the local authority to
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determine.
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If a subsequent application is made in relation to a relevant child in
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respect of whom the relevant local authority has previously refused
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consent under subsection (6), the authority is only required to make
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a new decision under subsection (6)(a) if a period of 6 months has
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elapsed since the date of the previous application.
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In this section, a “relevant local authority”, in relation to a relevant
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