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Education Otherwise page on Government's latest legislative proposals, updated April 2010

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Sunday 19 July

Notes from meeting with barrister Ian Dowty: national inspection of children


On Saturday July 4th representatives from Education Otherwise and the Home Education Advisory Service met with barrister Ian Dowty to discuss the Badman Report on Home Education. Here are some extracts from our notes:
"Argument against registration is harvesting all the data and sharing all the data. Includes hearsay and concerns about child. Having a licence to home educate implies that it is the state who registers the child, not the parent."

"If they make it a criminal offence not to register the child as home educated, then the legal option of home education will have to be widely publicised.

Pupil Registration Regulations England 2006
Primary legislation would be needed to effect a change to make it possible for state to register child. S.434 Education Act 1996 does not say that the state can register. Pupil Registration Regulations 2006 cannot be saying that the state is able to register child because this would go beyond the primary legislation. Additionally, if the Pupil Registration Regulations were in fact saying that the state could register a child, then the state would never have to serve a School Attendance Order, it could simply register the child and then prosecute for "truancy". They cannot take the action to register as this would be the State taking an action which made the parents criminally liable if they did not ensure their child attended at school."

"Right of access to home is irrelevant. There is no educational need to go into someone's home and if there is no safeguarding issue then under current law there is no general right of access to the home. If this were mandated for home educated children, it would apply to all children. Graham Badman is effectively requiring national inspection of children."

Read the full notes from the meeting here.

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Food for Thought:
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