The right to home education will no longer be automatic for parents of the most at-risk children, under proposed legislation being unveiled in the wake of Sara Sharif’s murder.
The Children’s Wellbeing and Schools Bill is being introduced in the Commons on Tuesday – on the same day 10-year-old Sara’s killers are sentenced.
Last week, Urfan Sharif, 42, and his wife, Beinash Batool, 30, were convicted of killing Sara at their home last August.
The pair removed Sara from school four months before her death after they became aware her teachers had spoken to social services. Her father and stepmother claimed she was being home-schooled.
Following their conviction, Sir Keir Starmer said there were “questions that need to be answered” on protections for children.
Ahead of the Bill taking the first step towards becoming law, Bridget Phillipson, the Education Secretary, said too many children have been “failed” by the state.
The proposed legislation includes giving local authorities power to intervene and require school attendance for any child if the home environment is assessed as unsuitable or unsafe.
It will also see parents no longer having an automatic right to take their children out of school for home education if the young person is subject to a child protection investigation or under a child protection plan – meaning the child is suspected of being at risk of significant harm.
Other aspects will include new registers to identify children not in school, and a measure giving children a unique identifier number – akin to a national insurance number – in a bid to ensure issues can be tracked and shared across services “preventing children from falling through the cracks”.
But The Telegraph understands a smacking ban will not be included, with sources saying the Government was “keen not to overload it”.
Ms Phillipson said: “In recent years, too many children have been failed by their last line of defence: the state.
“This Bill will be a seminal moment for child protection. No more words, no more lessons learnt. This government will put children first at every turn.
“That means a child-centred government, with better protections for young people and real join up between children’s social care, schools and local services.
“Alongside further measures to drive high and rising standards in our schools, this Bill will deliver on this government’s Plan for Change, so that all children, whatever their circumstances, can achieve and thrive.”
‘Foundation for change in many children’s lives’
The Department for Education said measures in the Bill will ensure teachers and schools are always involved in decisions around safeguarding children in their area.
Dame Rachel de Souza, the Children’s Commissioner, said: “The urgency with which this legislation is being introduced to Parliament demonstrates the importance of these issues. It lays a foundation for change in many children’s lives – many of whom have been neglected or hidden by services working in silo.
“As Children’s Commissioner, I have called on successive governments to introduce a unique identifying number for children and a register of all children not in school.
“Writing these two landmark measures into law will be of huge significance for any child currently at risk of harm in this country – it must now be supported by proper data-sharing between organisations so no child can become invisible in the system.”
‘Backstop’ law
Charities told The Telegraph they were working with MPs to scramble together a smacking ban amendment to be added to the proposed legislation.
Under current laws in England, parents and carers are prohibited from smacking their children except when it amounts to “reasonable punishment” or “reasonable chastisement”. Both Scotland and Wales have removed this defence, but the same has not happened in England.
There has also been a pledge for a “backstop” law, which would limit the profit children’s social care providers can make, to be brought in if providers do not voluntarily put an end to profiteering
A Department for Education spokesperson said: “Any form of violence towards a child is completely unacceptable, and we are looking closely at the legal changes made in Wales and Scotland as we consider whether there is any more we could do in this area.
“We are already supporting teachers, social workers and all safeguarding professionals to spot the signs of abuse or neglect more quickly, including with our mandatory framework for safeguarding children.”
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