My Lords, I rise to speak to Amendments 171C and 171D. I strongly support the amendments from the noble Baroness, Lady Meacher, as well. I think she has a very correct estimate of the challenges and has presented some situations that are rather familiar in how they will be used to try to
circumvent the Bill. I express my thanks to the Minister for her courtesy and for the time with her and her officials to discuss the matters raised in these amendments.
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These amendments relate to unregistered schools or, more accurately, illegal schools. The Government’s measures, together with the provisions on home schooling, represent an important translation of the commitments to address a long-standing problem. The commitments made in 2018 are a vital step to deal with a very long-standing and thorny problem.
I am pleased that the Government have drafted the Bill with a strong acknowledgement that there are those who are determined to dodge or ignore the legislation. The amendments I propose are suggestions as to how any potential gaps could be eliminated in the Bill. What was previously unacceptable must no longer be possible.
The earlier debates relating to home education raised the important concerns of some home educators, and I hope the Minister can provide reassurance and allay the fears of the majority of home educators. But it is vital that local authorities have the capacity to seek and probe to get relevant information, as those who use illegal schools largely claim that they are home educating. This is clear dishonesty.
My amendments are in the vein of trying to address this. Those who provide or use unregistered settings, many from closed communities and organised groups, have a strong intent to avoid the rules and no interest in balancing the rights to educate with proper safeguarding. They have used loopholes and the lack of investigative rights, access, capacity and data to avoid complying with the existing law, so it is vital that the Bill properly ensures that adherence follows its passage in law.
The Bill goes to great lengths to address this. The definition based on time at unregistered settings helps to close the leeway given to the nature of supervision and addresses the false representation of home schooling. Providing powers to Ofsted to enter and inspect is welcome, and strengthened by being underpinned by police support if needed—but I note and strongly agree with the points from the noble Baroness, Lady Meacher, on this one. It is also welcome to have the new offences of failing to provide documents or information or be interviewed, but I hope that the Minister will consider that the reasonable excuse may well provide some leeway and should be supplemented by guidance. I am very pleased that Clause 56 delegates powers to adjust the rules by regulation and secondary legislation to future-proof it against loopholes not yet foreseen.
While I claim no crystal ball, I think the amendments that I have proposed further strengthen the Bill in a couple of key areas. I also agree with the noble Baroness, Lady Meacher, that, while we always tend to have these provisions, they are rarely followed up with the measures or speed necessary.
Amendment 171C is a general anti-avoidance provision. I stress the use of anti-avoidance measures to provide a broader latitude of discretion for the people we are entrusting with the role of making sure that the right education is provided. The key measure is to make
“provision for Ofsted to have the authority to investigate any suspicions of an institution trying to work around its qualification as an educational institution, and therefore the regulatory provisions,
and that Ofsted … can determine whether to initiate an investigation if this is perceived to be occurring and that there is accountability for these actions.”
Amendment 171D is another discouragement but tries to target not just the providers but the enablers, who may try to assist the establishment or operation of such institutions but can avoid the definitions of “provider” in the current framing of the Bill. The amendment
“would enable the revocation of charity status to ensure that charity status is not accorded to those involved in helping, assisting or facilitating disobedience”.
I am aware of the deficiencies in the drafting of these amendments, but I would be grateful if the Minister considered their intent carefully. Of course, I will be happy to assist in any way I can. When passing the Bill, it is essential that we live up to the intent behind it and ensure that no one can inveigle it in any way or at any time.