Thread by @CountChildrenUK

Let's take a look at the dangerous power grab that is Part 3 Clause 48 of the #SchoolsBill bills.parliament.uk/publications/4… And be very clear from the start: this is NOT a register of only children who are not on school rolls today. It is far bigger. #SafetyNotSurveillance (Thread 1/25)

What is different from today?

Today: Local authorities have a duty under the Education Act 1996 to establish the identity of children in their area who are not registered pupils at a school and are not receiving suitable education otherwise legislation.gov.uk/ukpga/1996/56/… #SchoolsBill

Today: If any child is extraordinarily taken off the school roll, the Local Authorities track this deregistration under fifteen different categories as set out in the Pupil Registration (England) Regulations 2006 legislation.gov.uk/uksi/2006/1751… (image p24-25 Bristol Council CME Guidance)

Today: Parents already have a legal duty under Section 7 of the Education Act 1996 to ensure a child receives suitable education. legislation.gov.uk/ukpga/1996/56/…

Today: Children have a right to #education under Article 2, Protocol 1 of the European Convention of Human Rights (protected in the UK Human Rights Act) and Article 26 of the Universal Declaration of Human Rights. #SchoolsBill #ChildRights It includes parental rights.

Today: Local Authorities already collect and pass on detailed, named data on children-at-risk, looked after, and in Alternative Provision to the Secretary of State, but are not under a duty to pass information about each child not on a school roll to national level. #SchoolsBill

In future Clause 48 will make it compulsory for parents to inform the local authority of a child for registration, provide the authority with unlimited information that is can be required without any upper limit on how often, and keep it up to date. 7/25 #SchoolsBill #Clause48

There are punitive outcomes for parent non-compliance including enforcement in #SchoolsBill Schedule 31A 436E
➡️Failure to register the child
➡️Fail to provide whatever information the Local Authority demands as often as they demand it
➡️Fail to pay the monetary penalty on time.

If a person does not pay the whole or any part of a monetary penalty within the time limit in the penalty notice it is recoverable as if it were payable under an order of the county court. (Today that means deductible straight from wages or welfare support). #SchoolsBill 31A 436E

In future, a local authority in England must maintain a register of children under Clause 48 (s436B) and it’s NOT only as often described capturing children not-in-school. It is far bigger than this and the HenryVIII powers make it open-ended. #SchoolsBill #Clause48

The serious issues with this proposal include asking who are ‘relevant’ children. Children in (5)(b)(i) of new section 436B are already on school registers. Why are already trackedchildren (often also on the Alternative Provision registers) to be included at all? #SchoolsBill

What can be collected?

A register under s436B #SchoolsBill must contain some data and can include any other personal information the local authority wants. (Unlimited how it could be expanded by the Minister or how often a Local Authority could demand information from parents.)

Who can it be given to?

Local authorities can provide information from the #SchoolsBill register to an open-ended list. This is weak protection. Without oversight it could become like national pupil data today, given to anyone the LA or DfE decides. gov.uk/government/pub…

Let's not forget that the DfE Minister will be given the power to define (and re-define) what "prescribed information" means. Local Authorities can expand it at will (without consistency or oversight or any upper limits on frequency). #SchoolsBill p35-44 bills.parliament.uk/publications/4…

There's consensus among a growing number of safeguarding, education, and human rights experts that these unlimited powers are neither necessary nor desirable. countingchildren.uk #SchoolsBill

There’s broad feeling that this is about an enforcement register, a truancy register. Any child seen out of school is a bad’un. Any parent protesting registering a child is a risk. It ignores rights and pits families against punitive authorities. #SchoolsBill #Clause48

In 2008, Michael Gove pointed out concerns about the plans for similar databases then. #security #SafetyNotSurveillance telegraph.co.uk/news/politics/… Remember this #SchoolsBill gives the Minister power to demand all the LA databases are sent to national level. Why do they need names?

Children in and out of school need #SafetyNotSurveillance #SchoolsBill #Clause48
Children missing education (“CME”) is an importantly narrow definition to address specific needs in the appropriate ways, not conflated with children educated outside schools. gov.uk/government/pub…

There’s lots of misinformation on children out of school and “not returning” after COVID-19. In March 2022 attendance was 92.3%. So why *is* the government trialling national level real-time attendance data tracking of named children? #SchoolsBill gov.uk/guidance/share…

If the intention is to ensure child safeguarding then it should address how. A register cannot address this need and the Impact Assessments ignores this question. The #SchoolsBill #Clause48 disproportionately targets families who don't want it and children who don't need it.

The Assessment of the Bill omits the human costs and rights implications of the register not of itself but its implications that would require active disproportionate monitoring of children educated otherwise than in school. #SchoolsBill #Clause48
committees.parliament.uk/oralevidence/1…

The #SchoolsBill rights assessment omits any meaningful impact wrt. Protocol 1 Article 2: The word “respect” means more than “acknowledge” or “taken into account”; ...it implies some positive obligation on the part of the State (Campbell and Cosans v. the United Kingdom, § 37).

The future data risks are concrete. With increased #SchoolsBill datafication of children comes increased risk of automation of service provision and decision making. This needs safeguards to prevent use in high-risk unsuitable systems, such as #AI for predictive child protection.

The DfE cannot be trusted with more data. They began secret transfers of pupil data to the Home Office for immigration enforcement. It gives away personal confidential data to businesses of 23 million people. And government plans reforms to the Data Protection Act. #SchoolsBill

The fundamental principle at stake is the right to respect for private and family life. #SchoolsBill #Clause48 will fundamentally shift the balance of power forever between families and State. Read more as the Bill progresses at:
countingchildren.uk/policy/ #SchoolsBill
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