welsh home education guidance tracked changes 2

2. The legal position

This is the second of a series of blog posts commenting on tracked changes to the draft Elective Home Education Guidance for Wales. The public consultation closes on July 3rd.

Tracked changes pdf

Commentary on Tracked Changes

2. The legal position
Section 436A (Children Missing Education) just needs to be quoted straight, not paraphrased inaccurately.

2.1 Removing a pupil from the school admission register
List of reasons why LAs may ‘lose track’ of children is redundant in the context of guidance on home education.
Deregistration section is fudged and possibly deliberately unclear.
Hints at circumstances (‘concerns’) where home education might not be allowed
Should spell out that school place can’t be kept open.
Best avoid passive verb construction; SCHOOLS shouldn’t offroll and LAs shouldn’t let offrolling go unchallenged.
Sentence about intention and notification is completely confusing.

2.2 Making a School Attendance Order
Needs to be something in School Attendance Orders section to make it clear that s437 – framed in the negative – doesn’t imply proactive duty to investigate all homne educated children.
All Wales Attendance Framework states incorrectly that there is no defence to the offence of failure to comply with a School Attendance Order

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