LAs and the Law

[llondel]

Just noticed this one on TheyWorkForYou

Lord Lucas (Conservative)

To ask Her Majesty's Government what powers they have to intercede with a local authority when they suspect that operational or policy decisions do not comply with the law.

Hansard source (Citation: HL Deb, 5 April 2011, c358W)

Baroness Hanham (Conservative)

It is for each local authority to satisfy itself as to the legality of its actions. An authority's auditor may take action where there are questions as to the lawfulness of a council's decisions or its items of account. Such action may include seeking a declaration from the court, the issue of an advisory notice, seeking a judicial review, or issuing a public interest report.

The Secretary of State's powers to intervene in a local authority are in Section 15 of the Local Government Act 1999, which provides for intervention where the Secretary of State is satisfied that an authority is failing to comply with its best-value duty.

Given who asked the question, my guess is that it may well have been a fishing expedition regarding home education policy. At least we know where to look for intervention powers now.

[llondel]

A more direct one

Lord Lucas (Conservative)

To ask Her Majesty's Government what is their assessment of the advice given by York City Council on the duty of local education authorities to ensure that children of school age are receiving suitable education; and what action they intend to take.

Hansard source (Citation: HL Deb, 7 June 2011, c98W)

Lord Hill of Oareford (Conservative)

York City Council is responsible for any advice it gives about its duties relating to children of school age receiving a suitable education. We have looked at the information for parents published on the Council's website and will be seeking clarification of some issues.

I read that as "York City Council had better have a really good explanation for this".

[glenngranter]

Please keep this one up front. Think we may need it. Keep the wolves at bay and all that! Thanks for doing all you do.

Glenn & Kids

[JaneP]

Hi. Is there any more info on this? Best wishes, Jane xxxx

[JaneP]

.... since they are still saying on their website ...

Section 7 of the 1996 Education Act states:

"It shall be the duty of the parent of every child of compulsory school age to cause him or her to receive efficient full-time education suitable to his/her age, aptitude and ability (and to any special educational needs he/she may have) either by attendance at school or otherwise."

The Local Authority's (LA) responsibility is to make sure this is carried out.

As it is the LA's duty to ensure that children of school age are receiving suitable education, we must be satisfied that parents who opt for Elective Home Education are fulfilling their duties. So we will work with parents/carers to ensure we carry out appropriate checks at regular intervals.

http://www.york.gov.uk/education/Par.../home_tuition/

My own LA, Walsall MBC,are taking the same stance and I'd like to be able to argue this with them but need more information.

Best wishes
Jane
xxxx