The danger of the Children’s Wellbeing and Schools bill

It is currently parents who are responsible for ensuring their children receive a suitable education in England. Most parents will discharge this duty to a school, but some choose to educate their children at home.

This principle of parents first is part of the Judaeo-Christian heritage of this nation which sees family as the essential unit and primary place of a child’s development. Parents know their children best and generally have their best interests at heart.

This parental autonomy includes what parents teach and which educational philosophy they choose to follow. The state cannot instruct parents to teach something that is better.

All that could change with the current bill being proposed in parliament.

These changes effect more than the home educating community. They represent a drive towards increased state monitoring and control, reducing family freedoms and forcing compliance where there is a disagreement on philosophies. If we allow the state to take this ground, then the balance of power will shift from parents being the primary decision makers for their children to the state taking up this role and penalizing any who disagree with them.

Such an erosion of parental autonomy should concern every member of society who wants to live in a free and democratic nation.

More harm than good

All this is being done under the banner of children’s wellbeing, but in true doublespeak it will instead adversely affect the very children it is trying to help. Firstly, it will not increase the safeguarding of children. Children who are being home educated are not hidden from society and, based on past experience with current safeguarding protocols, are highlighted to social services when there are concerns (indeed they are highlighted more frequently and found to be at risk less compared to children attending school).

We are all in agreement that we want to look after children and protect them. Where we disagree is whether this bill will be of any help. The bill is not about safeguarding children, it is about controlling families. It will not protect them, instead it will do them harm.

If it will not protect children, how could it do them harm?

Many senior lawyers (KCs) have written about this in great detail referring to different segments of the bill. I want to highlight a few key areas.

Bureaucratic burden

If the bill is passed in its current form, parents will have a duty to report every single person who is involved in a child’s education and how many hours they spend with a child. The definition of education is broad, encompassing any form of learning, so this would include Sunday schools, church clubs, scouts, trips, courses, sports instructors, the list is endless.

Each of these providers will also have a duty to provide all the data to the local authority (theirs and the child’s). So, every time your Sunday School has a different teacher or volunteer in a room where there is a home educated child you would have to report it to the local authority (this would include both the leaders and the child’s name and address). If you fail to report you could be fined. But this is only for home educated children. There will be no requirements to report anything if the children attend school.

The knock-on effect of this is clear – many clubs will not want to take on the extra paperwork required and so opportunities for home educated children to engage with providers will be drastically reduced.

Meanwhile, any home educating family know that there is no such thing as a typical week! One week your children may spend the afternoon with friends (better report who the supervising adult it to the LA), the next week they will be going on an educational trip to a museum (both the museum and the parents would have to report this and provide data). Your neighbour may watch your children this Tuesday (tell the LA their name and address) and your parents next Thursday (again you better in form the LA). Many parents would be having to report their whereabouts each week.

The absurdity of these requirements are that they will effect the well being of both children and parents, but not in a positive way and they will not safeguard a single child.

Nothing to worry about?

Some may say that the only people who need be concerned about this are those who have something to hide. They would say this is just alarmist, no LA would be so extreme – but if they are not going to use these powers don’t give it to them. Families are right to be concerned!

Firstly, the only other place we see this level of state intrusion is among registered sex offenders who have to report all their interactions. They clearly pose a risk to children. Home educators do not. Indeed, many home educators would say that their children were at far greater risk from being in school (with all the monitoring and safeguarding in place) than they are at home!

Secondly, some local authorities do not have a great track record with how they treat home educating families under the current rules. Many local authorities take the time to understand different styles of education, are non intrusive and supportive and take a reasonable approach to their duty to ensure every child receives a suitable education at school or otherwise. Some are simply a disaster and their is no accountability for rogue departments and zero right of redress for families that come under their rule.

If local authorities had been reasonable with their current powers perhaps the community would be more relaxed with this level of state intrusion into private family life, but they have not been and cannot be trusted.

Forced into secular schooling

The powers that local authorities gain in this bill are significant. They can force a child into school. They can only do this currently if a child is not receiving a ‘suitable’ education. This is something they have to prove in court before a judge. Under the proposals in the bill they may agree that the education is suitable but if it is not better than a school then the local authority can force the child to school against both the parents and the child’s wishes.

Many parents are willing to make the sacrifices required to home educate precisely because their children have been failed by the state. Can you imagine if the same measure was used for every child who attends state school? A significant percentage of children would have to leave the school.

Many children are failed by the school system (many thrive in it too). These children could now be failed twice. On paper this may sound like it is for their well-being but in reality, it could have the exact opposite effect. Children are individuals and the more we can cater to each child as an individual the better it will be for them. Generally, families are better equipped to treat children as individuals than institutions.

History shows us that some local authorities act as if home education is never the best option (google Portsmouth home education if you want to enter that rabbit hole). Such officers would be causing great strife for many caring, conscientious families. Add to this different philosophies of education and different views on morality and you can see how many families, both Christian and non-Christian, could fall foul of this new bar.

The bill in its current form even gives local authorities the right to enter the home to assess a child’s education (see section 436I(3)(c)). If parents decline a visit, their children can be forced into school. That is a clear intrusion by the state. Normally you need either a warrant or a safeguarding concern to enter someone’s house uninvited. This is now being extended to include being a home educator.

Conclusion

For those of us desiring to raise children within a family-centric, biblical worldview this bill is a serious threat to our liberties (whether or not you choose to home educate). It is a radical extension of the erosion of parental rights that we have seen over the past few decades.

It is also not a surprise.

We know in the last days that there will be greater control from the state and that an antigod narrative will become the predominant acceptable narrative for societies. In these days we are told we will have to watch carefully and patiently endure. Our hope is in the Lord.

The battle lines have been drawn up clearly in this bill. The drive to see families come under greater state control is neither liberating nor righteous and we would all do well to stand up against this draconian bill.

Sign this open letter to the secretary of state to raise the profile of these dangers.