Ah yes, 436a.
436ADuty to make arrangements to identify children not receiving education
(1)A local education authority must 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—
(a)are not registered pupils at a school, and
(b)are not receiving suitable education otherwise than at a school.
(2)In exercising their functions under this section a local education authority must have regard to any guidance given from time to time by the Secretary of State.
(3)In this Chapter, “suitable education”, in relation to a child, means efficient full-time education suitable to his age, ability and aptitude and to any special educational needs he may have.”
Well, it's an easy thing to throw a brick at when we get a bill, to get discussion going, but will be hard to remove because it is performing non-HE functions that I believe the government wishes to see done relating to kids dumped by schools/LAs, and removing its effects on HE ... well, how would you alter it? Personally I can't see it being done without a complete review of HE guidance - which is why I think starting at that end is a good idea - but do tell me why I am wrong.