Commentary Part 1: Education Functions of Local Authorities Section 4: Duty to identify children not receiving education
25.This section amends Chapter 2 of Part 6 of the 1996 Act (school attendance), by inserting a new section before section 437. This new section requires all local education authorities to 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 not receiving a suitable education.
26.The duty applies in relation to children of compulsory school age who are not on a school roll, and who are not receiving a suitable education otherwise than by being at school (for example, at home, privately, or in alternative provision).
27.This section moves the definition of “suitable education”, previously in section 437(8) of the 1996 Act, to the new inserted section 436A, and amends a cross-reference to that definition. The definition itself is unchanged.
28.The section also provides that local education authorities must have regard to statutory guidance issued by the Secretary of State in relation to England, and the National Assembly in relation to Wales, in making arrangements to enable them to identify children missing education.