Maybe it's Narnia
10 months ago
Over the next six months or so we will have at least two Bills which potentially affect HE:
Social Security: new terms for current benefits, and the foundations of the new system
Education: perhaps something on the new SEN system, and the possibility of amending 436A and consequent guidance.
As and when I hear news I will post it on this thread.
I would be glad of your views as to how HE should be treated and consulted about either subject.
Ralph Lucas
House of Lords
"...I want to listen to you..."
"...it's just not practical to draft proposals in a large group many of whom are opposed to the whole idea."There have been expressed some very succinct & well reasoned arguments against the writing of new guidelines & of alternative means of illiciting change in education legislation put forth by some very knowledgeable & experienced individuals but it would seem that the SGG are hell bent on running with their 'baby' in spite of any objections from 'stakeholders'. Those who have pleaded with the SGG to stop with their arrogant, overbearing & potentially harmful onslaught have been accused of the very bullying the SGG are themselves enacting upon all home educators by their hijacking of an important civil liberties issue.
"tell me why I am wrong."...
Please noteAll statutory guidance and legislationlinked to from this site continues to reflectthe current legal positionunless indicated otherwise,but may not reflect Government policy. |
"For home education I think we need new guidance issued by the government to local authorities (LAs) which lays to rest, once and for all (hopefully), the agitation by LAs for more powers and encourages a new culture of support and humility from LAs rather than suspicion and distrust. I have spoken to a number of different people about this (including the Minister) and hope to come forward with a proposal for everyone to look at, dispute, improve etc to deliver the above aims. I have initially asked a few people to help come up with a first draft before opening out to the full drama of HE community input. Fundamental to anything I come up with will be the primacy of parents in determining their child's education and a complete rejection of compulsory registration and all the other "licensing" facets of the last government's approach. I think we have a real opportunity to settle this issue in a way that LAs can live with and which makes the chance of future action by government unlikely so that the Badman proposals are never resurrected." (Graham Stuart)
In Cornwall this means the LA will ask annually for 'evidence' that parents are discharging their statutory duty to provide a suitable & efficient education, even after they have the year previously ascertained and reported that one IS taking place & use ANY refusal to be sucked into an unremitting cycle of contracting with them as not having received the requested 'evidence' & thus as an excuse to 'doorstep' the family or threaten SAO."The legal duty of the Local Authority is concerned only with children who appear not to be receiving a suitable education. However Case Law (Philips v Brown (1980) unreported) established that a LA may make informal enquiries of parents who are educating their children at home to establish that a suitable education is being provided. Lord Donaldson laid down clear limits to LA powers giving a list of three things a parent can do- either provide evidence so that the parent could not appear to be in breach of his or her duty, or that it was expedient for the child to attend school, or they could bring evidence to show that the child is being properly educated.
Lord Donaldson said that even if there is no evidence, a local authority is entitled to write to a parent informally asking for information. If they do not receive any, they may (but need not) regard that as evidence that the education is insufficient." (John Heath)
"Set out below are the arrangements the LA will make to ensure it carries out it's statutory duty for children being educated by parents: (...)-Maintain a register of pupils being educated at home. As this is not a statutory duty it is acknowledged that this list is imcomplete, this will enable officers and co-ordinators to make contact with parents to offer support and work in partnership" (...)
"Cornwall LA prefers home visits." (...)
Thus, the thoughts of your average pushy authoritarian type:"No visit will take place unless parents agree for one and an appointment has been made or confirmed in writing. It is usual practice in the event of the Local Authority not receiving a reply to correspondence that a visit will be made after notice has been given in writing." (John Heath, Principal Education Welfare Officer)
"Registers to maintain... Lists of 'Missing' Children to complete... Conferences to attend... Homes to visit... Parental contracts to secure... Guidelines to help draft... 'Experts' to consult... Vociferous minorities to quash... Political maneuvering to engage in... Jobsworths to employ...
Good job those pesky home educating types didn't manage to sway the government into dropping the HE parts of the Education Bill...
oh, no wait..."
FAO: Mr. John Heath,(Principal Education Welfare Officer),Cornwall Council,County Hall,Treyew Road,Truro,Cornwall,TR1 3AY. 24th September,2009.
Dear Mr. Heath,
As a home educating parent in North Cornwall area, I wish to complain specifically about the behaviour of your EHE Co-ordinator for North Cornwall and more generally regarding Cornwall Councils approach toward home educating families.
The Cornwall Council Information for Elective Home Educators website states that;
“No visit will take place unless you have agreed to one and an appointment has been made”.
However, this has not been my experience, in fact quite the opposite, I have frequently been exposed to the local EHE Officer engaging in ultra vires practices.
According to letters I have received from Mr. Hockley he has attended our home, without prior agreement from myself on several occasions and, further to this, arranged & attended a meeting, accompanied by two colleagues, at {a local council office} to which I had also not agreed and yet his report seems to indicate that I was expected to attend & that I was deemed as 'absent' from this meeting.
In my response to the initial 'informal enquiry', my report regarding the home education of my children, dated 1st September, 2008, Mr.Hockley had previously been informed that I would not be willing to engage in any further correspondence or contract with the Local Authority regarding the education of my children, I wish therefore to complain about the many letters from Mr. Hockley I have received since he received my report. I suggest that they are vexatious and that he is harassing me.
Please can you confirm at the earliest opportunity and in writing that you do not support such ultra vires practices?
I had no reason, until now, to suspect that my experience of a Local Authority employee toward a home educating family was anything more than an unfortunate personal experience of bad practice on the part of this particular Elective Home Education Coordinator. It has however been brought to my attention that this offensive and intrusive attitude and behaviour toward home educating families may in fact be one which is being promoted & encouraged by Cornwall Council.This document:
Today I received this response:https://docs.google.com/fileview?id=0B23GNcZa7kQPNmRiNWZjYWItMmJkMy00MDIxLThkYmItNjQ0NDNjZjk1ZmQ0&hl=en_GB&authkey=CLCuvfsP&pli=1
describes the role of Education Welfare Officer for West Area as;(to) “ ensure that children and young people who are electively home educated are receiving a suitable and efficient education and that they are safe and their welfare promoted”.
These practices go far above and beyond the Local Authority's duty in law.
It is not for the Local Authority to decide what qualifies as 'suitable' and 'efficient' but only to ascertain, through informal enquiry, that an education is taking place.
This document also asserts that the role of this Local Authority officer is to;
“Monitor the quality of education for children who are educated at home.”
Once again, THIS IS NOT A LAWFUL DUTY OF THE LOCAL AUTHORITY, as is confirmed by Graham Stuart's Education Select Committee’s Chairman’s statement on Home Education Report which states;
“As the 2007 Elective Home Education Guidelines for Local Authorities make clear, however, ‘local authorities have no statutory duties in relation to monitoring the quality of home education on a routine basis’ and are only required to intervene if it appears that parents are not providing a suitable education.” (Education Select Committee’s Chairman’s statement on Home Education Report )
Further to this Mr. Stuart recommends that;“As local authorities do not have the power to demand access to home educated children and cannot insist on parents registering with them, the obvious and correct answer is for local authorities to improve their support for families so that more families make contact with them voluntarily. If they did this and made sure that they employed sympathetic staff who built good reputations, then the number of “unknown” children would be reduced. Such a positive approach would respect the primacy of parents in determining the education of their children and put the onus on local authorities to serve and support, rather than catalogue and monitor, families who home educate.” (Education Select Committee’s Chairman’s statement on Home Education Report )
Do you not think that it may be more appropriate for Cornwall Council to engage the home education community in a positive manner as suggested in Graham’s statement above?
The decision, when creating a job profile for role of Home Education Advisor, to make the opportunity available to individuals who are qualified merely as “mainstream school” teachers, only guarantees that you will employ the most unsuitable individuals for the post.
“Experience in mainstream/special school. Proven record of excellent class teaching and behaviour management. Proven ability to teach a range of subjects at different key stages and to keep up to date with current initiatives in education. Proven ability to use ICT both personally and in the classroom. Experience of working with young people in an education setting. Good report writing skills” ( https://docs.google.com/fileview?id=0B23GNcZa7kQPNmRiNWZjYWItMmJkMy00MDIxLThkYmItNjQ0NDNjZjk1ZmQ0&hl=en_GB&authkey=CLCuvfsP&pli=1)
This list of preferred previous experience could probably not be further detached from most home education practice, particularly autonomous or child-centred styles, if you tried, so it would fail in attracting any individual who possessed skills which could be considered appropriate to elective home education and I therefore fail to understand how Cornwall Council could consider such an individual to be a suitable candidate to liaise with home educating families within your 'Elective Home Education' team'. It is, after all, unlikely that such an individual would be sympathetic to, or have a good working knowledge of, alternative educational ethos' and practice and is therefore unlikely to be familiar with, or understanding of, the many & varied learning styles engaged in by home educated students.This Local Authority seems to behave as if it has a duty to harass home educators.Please send me the regulations and laws that suggest that its representatives can insist on entry to the home and make annual demands for further information, even after an initial enquiry has been satisfied and the Local Authority has been clearly informed that further contact is not desired.
Please could you also inform me, at the earliest possible opportunity, of the measures Cornwall Council are taking to correct its literature & policies to abide by the law, as until this has been done, any efforts to create and maintain good relations with local home educating families will remain merely a Ballsian Delusion.
In conclusion, I wish to state that the home education community in Cornwall should be able to go about their lawful duty to provide an education to their children without harassment from council employees and should not have to waste their precious time tackling ultra vires practices. However, the outrageous attempt by the last government to licence & monitor home educators based upon the contrived & agenda based 'Bad Man Report', galvanised home educating families across the UK into forming many strong support & information sharing networks. Therefore, policy based impositions by Cornwall Council upon the freedom of home educators, individually or en mass, will be met with strong disapproval & resistance from those of us who, both within the county & across the country, are prepared to fight for our Rights in Law.
Ultra vires practices of Local Authority officers, across the UK, are now being databased at http://www.theartofsurvival.co.uk, however, you will be pleased to hear that details are also kept of Local Authorities who are working within the law and which of those make efforts to engender good relations with the home educators in their area. Thus, there is always opportunity for a Local Authority to salvage it's reputation with home educators, by improving its working practices.
With Thanks for Your Kind Attention and in Anticipation of Your Prompt Reply,Yours Sincerely
Mrs. L. Sherwood.(Home Educator).Cc: http://maire-staffordshire.blogspot.com/2010/08/cornwall-county-council-tackling-ultra.html
So, to break it down... the first two paragraphs Mr.Heath dedicates to telling me that, despite my assertions (& the supporting evidence I have in writing from the officer involved) that his EHE coordinator HAS attended my property without my agreement, he believes that "our accepted policy & practice for liasing with Home Educators in Cornwall" has been followed.
"-Encourage, consult and develop relationships with local Education Otherwise groups."
"The LA does want to encourage, consult and have dialogue with home educators and do involve Education Otherwise support groups in Cornwall"I suppose I should be grateful for Mr. Heath having answered questions I never asked, such as "Are you in cahoots with EO?"... "Do you value the opinion of home educating groups or individuals who are no affiliated with EO?"... or "Are home educating familes already subject to compulsory registration with this LA for which there's no choice to opt out?"... unfortunately, for him, he does not provide the information I did specifically ask for... which means I guess that I will have to keep on asking until I do get a response ;)
"...children are a special form of property. You need to accept this principle as one of absolute truth. They are either your property, or the property of the state."This is not just true in law... but in life. If you do not take possession of your children then someone else will... & they may not have the best interests of the child at heart... they certainly won't have the same motivations as the parents!
"When a child is born however, it becomes a human being with all the natural rights that human beings are born with. It cannot fend for itself in any way; it needs special care and nurturing. Since it is the creation of two people, those parents are, naturally, the people with the responsibility of caring for that child; the child is the ward of the parents."But children have rights too":
Being a ward in this way is a special form of property. While you are in the care of your parents, they have total responsibility for you and can have procedures performed on you that they feel are for your benefit..."
When we demand our 'rights'.... Or what we think is 'rightful'... We are asking for the consideration of other human beings. Rights are not something we are born with which then have the potential to be taken away... they are something which we are either given by others or take for ourselves from the moment we are born... or sometimes even from conception."Rights, are only right, when the right person says so." Susanna Rogers
"I didn't give life to MY 3 children for THEIR lives to be subsequently governed & directed by YOU!... Whoever they hell YOU may be... and whatever common purpose YOU 'believe' we should ALL be heading toward!!!" (Me. Specialist Expert on the subjects of 'MY life' & 'MY children')Unless the PARENT is the perpetrator of abuse serious enough to warrant the removal of the CHILD from them, then it should be considered de facto that PARENTS retain ownership of & responsibility for the child's PERSON, until that child is old enough, both in LAW & in LIFE, to assert THEIR own ideas about 'rights'.
"The state does not wish to protect the integrity of the child: it wishes to ensure that the child internalises the values of the state and not the parent!"It is typically, although not exclusively, the mother who stays at home & fulfills the role of educational facilitator. In the UK, home educating mothers in particular, have been subjected to offensive misogynistic slurs, such as
"home educating mothers suffer(...) from Munchhausen's by Proxy"However, the ban upon Home Education in Germany has recently led one US Judge to state:..."the rights being violated here are basic human rights that no country has a right to violate."Yet here seems to prevail a belief system, particularly within governmental departments, that children need protecting from their parents. What is more 'The State' seems to think it can raise children better than parents or at least decide who is to be approved as fulfilling their idea of an 'appropriate' parent.
"I don't think the public appreciates how low the threshold is. When children are taken from their parents, it is not because there is a certainty of future harm or even that, on the balance of probabilities, those children could be harmed. It is enough that there will be a possibility of future harm. If there is a 70 per cent. risk of a child being harmed and every child with that risk was taken into care then, in 100 such cases, 30 children would be taken from families where they would come to no harm. Sometimes, I wonder whether children are being protected, or whether it is social workers' careers." (...) "There's an unspoken fear that children from poor backgrounds are being freed up for middle-class adopters." (Barrister, Andrew Scott)
Breast Feeding, Attatchment Parenting & Co-Sleeping have all had bad press & been subjects of controversy...How have some of the most natural acts of motherhood, including the utmost act of parental input into the nourishment of a child, feeding a baby the way they have been fed since the dawn of time... become such controversial, abhorrent & socially taboo subjects? Since when has feeding a baby or choosing to teach a child become the subversive acts of 'domestic extremists'? Why is it that..."Those who think that society has “gone too far” in supporting breastfeeding, that mothers who formula feed are demonised and breastfeeding mothers aren’t: Show me the women who are losing their jobs for formula feeding. (...) Show me the women who have been ordered to cease or interrupt formula feeding by family courts. (...) Show me the people who, on seeing a bottle pulled out in a public place, will wrinkle their nose and say in disgust, “Are you going to do that here?” (...) Show me the people who insist that all bottle feeding should be covered with a blanket, you filthy sluts. (...) Show me the people who say that formula feeding shouldn’t be allowed in public because they don’t have time to explain such adult concepts to their children. (...) Show me the women who have been accused of formula feeding because they’re paedophiles..." (read full article here)
"The history of our times will show of many broken families, of children without a family to remember, of heartache and tears of fear and a lifetime of terror of that knock on the door at midnight. Of being wrenched from mother’s arms and of brothers and sisters disappearing, never to be seen again. Of men and women wrongfully cast into prisons, tormented for years by the knowledge of their innocence... This will be the legacy of our times for future generations – it is now being written. In newspapers, television documentaries, Parliamentary debates, and most importantly of all, by those who have suffered." (Charles Pragnell, Dip.S.W., L.R.C.C.)So here we are at the beginning of a new century... a new millenium... and in many ways, the wars waged by parents & particularly Mothers are not that different from in the ancient times of the 'wise' king Solomon...
DO NOT COME BETWEEN A MOTHER & HER CHILD!!!
"No public stakeholder loves me or our child" (S.Matthan)
We fear for the future of all our children and for the future of the living world which is the basis of all life."
"Keep your hands off our kids because there is no sacrifice too great in order to protect them!"... and we will bring THAT philosophy & THAT battle cry to any 21st century challenge upon their lives or our bond with them!
http://clickserve.cc-dt.com/link/click?lid=41000000030358742