Post by fionan on Nov 22, 2011 22:15:59 GMT 1
I've made a document where the 2008/2010 text is in blue and the current consultation draft September 2011 is in mulberry.
I had thought they were pretty much the same but I now see that the current draft is a lot longer. They've pasted in quite a bit from the draft EHE DfES Guidelines from May 2007.
The main difference seems to be that the Council has subsequently come up with a different justification for annual monitoring.
In the previous document it appears that Lancashire had a "duty to be confident of the well-being of the child" and a "duty to assure the quality of the education provided."
The new duty is apparently conferred by s436A of the Education Act 1996 regarding children missing education and the 2009 statutory guidance on s436A.
The 2011 consultation document says "LAs have a duty to
"…make arrangements to enable them to establish (so far as it is possible to do so) the identities of children in their area who are of compulsory school age but—
are not registered pupils at a school, and
are not receiving suitable education otherwise than at a school." "
Lancs has also discovered new implications in a legal case from 30 years ago.
"Case law (Phillips v Brown (1980) unreported) established that a LA may make enquiries of parents who are educating their children at home with a view to establishing whether a suitable education is being provided."
They've put in more detail about SEN and more about "safeguarding." There is more detail of the CME paperwork for every stage of the child's home education journey.
The previous rationale for annual monitoring and a requirement to see "progress" was that Lancs had "high aspirations". The new rationale is apparently derived from an idiosyncratic reading of paragraph 21 of the statutory guidance on s436A.
This is new: "We are therefore clear that the follow up arrangements we have in place for EHE form a distinct and necessary part of the LA's arrangements for being able to determine that appropriate provision continues to be made for children whose parents have elected to home educate. This allows us to discharge our obligation to "make arrangements" to identify children whose home education is unsuitable or which has, over time, become unsuitable."
I had thought they were pretty much the same but I now see that the current draft is a lot longer. They've pasted in quite a bit from the draft EHE DfES Guidelines from May 2007.
The main difference seems to be that the Council has subsequently come up with a different justification for annual monitoring.
In the previous document it appears that Lancashire had a "duty to be confident of the well-being of the child" and a "duty to assure the quality of the education provided."
The new duty is apparently conferred by s436A of the Education Act 1996 regarding children missing education and the 2009 statutory guidance on s436A.
The 2011 consultation document says "LAs have a duty to
"…make arrangements to enable them to establish (so far as it is possible to do so) the identities of children in their area who are of compulsory school age but—
are not registered pupils at a school, and
are not receiving suitable education otherwise than at a school." "
Lancs has also discovered new implications in a legal case from 30 years ago.
"Case law (Phillips v Brown (1980) unreported) established that a LA may make enquiries of parents who are educating their children at home with a view to establishing whether a suitable education is being provided."
They've put in more detail about SEN and more about "safeguarding." There is more detail of the CME paperwork for every stage of the child's home education journey.
The previous rationale for annual monitoring and a requirement to see "progress" was that Lancs had "high aspirations". The new rationale is apparently derived from an idiosyncratic reading of paragraph 21 of the statutory guidance on s436A.
This is new: "We are therefore clear that the follow up arrangements we have in place for EHE form a distinct and necessary part of the LA's arrangements for being able to determine that appropriate provision continues to be made for children whose parents have elected to home educate. This allows us to discharge our obligation to "make arrangements" to identify children whose home education is unsuitable or which has, over time, become unsuitable."
Attachments:
