the claims: NSPCC briefing on home education

The NSPCC briefing Home education: learning from case reviews claims to consist of ‘learning about child protection pulled from the published versions’ of seven Serious Case Reviews (SCRs) published between 2008-2013. [The full briefing has since been replaced with a summary, but the original is still accessible here. Also note that the Serious Case Review for Child S listed in the NSPCC summary is for the wrong Child S.] In this and subsequent posts, I want to focus on the patterns of events that emerge from the case reviews, but I’ll also refer to examples of what happened to specific families or specific children. I’ve numbered the cases to anonymise the children as much as possible, but have linked to the published versions of the SCRs. I’ve listed brief details of each case below for reference.

Family 1 2007 serious maltreatment of adopted children
Child 2 2008 non-accidental poisoning with prescription drug
Child 3 2009 unexplained death
Child 4 2010 death due to severe malnutrition
Child 5 2011 suicide
Child 6 2012 death due to natural causes
Family 7 2013 neglect, and sexual abuse of adopted child

In this post I examine some of the claims about home-educated children made in the briefing and to look at how well they are supported by the evidence in the SCRs.

home education highlighted as a key factor

All the SCRs mention home education but comments range from a brief reference in the case of Child 2, to a lengthy discussion referring to the Badman Review and another high profile case from the anonymous author of Family 7’s review. Overall, the claim that home education was a ‘key factor’ appears to be due to local authorities’ lack of clarity over the distinction between education and safeguarding rather than being a key factor in the harm suffered by the children. I’ll look more closely at the causes of harm in the next post.

becoming invisible

The second claim made by the briefing is that children ‘can become invisible to the authorities’ once they are educated at home. In all cases except one – Child 3 – ‘the authorities’ were aware that families faced challenging circumstances or that children were at risk. Child 3 was visited at home by an officer from the local education department three times in the months prior to her death and no concerns were raised about her welfare. In short, none of the children ‘became invisible’.

being unknown

A third claim is that home-educated children ‘may be completely unknown to the local authority’. This could happen if a child has never attended school or has moved from another area. The implication is that being unknown to the LA in and of itself puts the children at increased risk of harm. ‘Unknown’ children were of great concern to Graham Badman during his 2009 elective home education review. They were the subject of a lively exchange between Mr Badman and Graham Stuart of the Children, Schools and Families Select Committee,  that I’ve looked at in more detail here. Again, the SCRs don’t bear out the claim. The people who contacted the authorities about the children included teachers, medical professionals, neighbours and the parents themselves. None of the children were unknown to the LA prior to coming to harm.

A fourth claim is that ‘there are some common threads running through the learning points and recommendations highlighted in these serious case reviews’. The briefing ties together several of the common threads. For clarity, I’ve teased them apart.

isolation

There were clearly no concerns about isolation when the children were adopted into Family 1 and Family 7, and it was members of Family 1’s religious community who alerted the authorities to the maltreatment of the children. Four other children initially attended school and were all seen by ‘the authorities’ whilst being home educated. Child 6, who never attended school, had siblings about whom there were no concerns. In short, the children’s isolation varied considerably.

no right to express views formally and participate in the assessment or decision-making process of home education

There’s been much rhetoric in recent years about the ‘voice of the child’. Despite this, most children don’t get a say in whether or not they go to school, and have little say about how they are educated when they get there. Many home-educated children, in contrast, are educated at home because they have been listened to, and they actively participate in decisions about their education. It’s not clear how much say the children in the seven case reviews had about their education – either at school or at home.

no right to independent access to friends, family or professional agencies

Again, children who attend school don’t have these ‘rights’ either. Most children are dependent on their parents (or teachers) for access to friends and family and most children need parental permission to access professional agencies.

no mechanisms to ensure that they continue to receive a ‘suitable’ education or adequate care without the express consent of their parents/carers

This claim betrays a lack of understanding of the legal framework. One of the services local authorities provide for local people is schools. The ‘mechanisms to ensure that school pupils receive a suitable education and adequate care’ are in place because LAs are providing a service for parents paid for by the community. There are no mechanisms to ensure that parents are providing a suitable education or adequate care because local authorities do not have powers to check up on everyone in their local area to make sure they are all complying with the law. Giving LAs those powers would be a huge waste of resources because the majority of people would be found to be doing nothing wrong. The system we have at present, where LAs have powers to act if they have reason to believe the law has been broken, is consistent with the principles of democracy and is far more cost-effective. How effective it is in protecting children from harm is a point I’ll return to in a later post.

a major safeguarding flaw within home education legislation

This claim rests on an implicit assumption that education legislation requires a safeguarding element. It doesn’t. Welfare and education are separate issues in law, and with respect to each issue, LAs can make enquiries and take further action if necessary. A common thread running through the narrative of ‘the authorities’ concerning home education is a failure to make a distinction between the two areas of legislation and an attempt to piggy-back safeguarding onto education. Of course LA officers making enquiries because it appears a child isn’t getting a suitable education might pick up safeguarding issues. Teachers might do so in respect of children attending school. Whether they should be expected to is another matter. Professionals with education expertise don’t necessarily have expertise in child protection. There’s a risk that giving superficial safeguarding training (or none at all) to educational professionals will lead to false alarms and consequent needless distress for children and their families.

dominant personalities of parents/carers

Many years of my working life have involved ‘interfacing’ with the public. Most people have been polite, reasonable, helpful and friendly. A small minority was deceitful, manipulative, aggressive or violent. People working in child protection are likely to encounter a disproportionate number of the second group, for obvious reasons. But the briefing doesn’t draw attention to them – it warns against parents who are “extremely well-informed, articulate, hostile, aggressive and/or resistant to professional intervention”. These traits, claims Birmingham LCSB, “reinforced a power imbalance that undermined the rights, welfare and protection of home educated children”.

The NSPCC seems to have a particular problem with parents being articulate and knowledgeable, and takes a quote from Child 4’s review out of context to reinforce the point. The original text blames the shift in focus away from the children’s welfare, on the professionals’ response to the parents’ attitudes and behaviour. The briefing omits the criticism of professionals and in doing so manages to blame the parents for the professionals’ shift in focus. There’s no discussion about why parents and carers might have been well-informed, articulate, hostile, aggressive and/or resistant to professional intervention. I found it baffling that local authorities need to be reminded to train staff involved with child protection to cope with hostile or aggressive parents. But if they need specific training to deal with parents who are ‘well-informed’ and ‘articulate’, there’s something very wrong with the system.

EOTAS services are offered to parents who choose to educate their children at home

EOTAS stands for Education Otherwise Than At School in reference to the 1944 and 1996 Education Acts. You might assume this means LAs have teams waiting in the wings to support parents home-educating their children. You’d be wrong. Some do, but most EOTAS provision is for children registered with schools but unable to attend due to medical and other reasons. LAs don’t have a statutory duty in respect of home-educated children, unless ‘it appears’ the child isn’t being suitably educated, so the services they offer are sometimes not services at all.

In my own case, I was persuaded by my LA to have a visit from an ‘adviser’. When he arrived the adviser told me that he couldn’t advise me on my children’s education because that was my responsibility; his job was check that my educational provision was suitable – even though the LA had no reason to suppose it wasn’t. The Education Select Committee drew attention in 2012 to the finding that only 30 out of 152 local authorities had information on their websites that accurately reflected the legislation relevant to home education. It’s hardly surprising that LA staff are confused.

children educated at home do not have access to school nursing services

True, they don’t. [Apparently they do: see comments below.] But they do have access to the rest of the health service. The children in Family 1 ‘received considerable specialist health interventions’. Child 2 was harmed because of too much medical treatment. Child 3’s GP removed the family from his list without following the proper procedures. Medical services were criticized in Child 4’s review because they intervened too late, despite concerns raised with social services by teachers. Child 5 had seen a clinical psychologist. In Child 6’s case, parents stopped engaging with professionals when they couldn’t get a clear diagnosis for his developmental disorder. Family 7 had a good deal of contact with health professionals. In none of the SCRs does the lack of access to school nursing services appear to have impacted on the child’s health.

current legislation and guidance inadvertently helps the small minority of home educators who use elective home education as a cover to conceal child neglect and abuse

In each of the three cases where there is unambiguous evidence that the parents or carers neglected or abused their children, local authorities were aware of the challenges faced by the families and public sector services were actively involved with them. The only problem posed by the current legislation and guidance appears to be that local authority officers didn’t understand it properly and weren’t clear about who was responsible for what.

elective home education can lead to isolation and obscuring of children from normal services that could act as a monitor of their welfare

The key word here is ‘can’. Elective home education certainly has the potential to lead to isolation and ‘obscuring’ the children from ‘normal services’ in a way that puts their welfare at risk; but so far, there’s no evidence to suggest that that has actually happened. More on that in another post.

Although the NSPCC briefing does indeed pull ‘learning about child protection…from the published versions of the reports’, that learning is based on a flawed understanding of the relevant legislation and the principles underpinning it, and only one of the claims made in the briefing (about isolation) is supported by the evidence from the SCRs – and that support is only partial. The briefing also highlights a number of recommendations, which I’ll look at in the next post.