Tag Archives: Ombudsman

Children missing from schooling

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This is going to be one of my ‘nerdier’ posts. Children missing education are a small but important group of young people. In the autumn term of 2025/26, the DfE estimated that there were around 34,700 such pupils in England – down for 39,200 in the previous autumn term of 2024/25. Across the whole year 2024/25, some 143,000 children were estimated by the DfE as missing education at some point in the year. Children missing education: methodology – Explore education statistics – GOV.UK

The DfE relies upon local authorities for the collection of the data. The re-organisation of the shire counties over the next few years may well affect data quality, where new ‘unitary authorities’ are created and new teams will need to be assembled. So, how are ‘missing children’ defined?

Definition of children missing education

CME does include children of compulsory school age who are not registered at a school and are not receiving suitable education elsewhere, even if these children:

• Are in the process of applying for a school place, even children within the first 15 days of the application process

• Have been offered a school place for a future date but have not yet started

• Are receiving EHE, if this education is unsuitable

• Have been recorded as CME for an extended period: for example, where their whereabouts is unclear or unknown4 When EHE should be deemed CME An EHE child whose education is deemed unsuitable should no longer be classified as an EHE child and should be classified as CME.

Section 436A of the Education Act 1996, is a duty on local authorities to make arrangements to try and identify children of compulsory school age who are not registered pupils at schools and are not receiving suitable education otherwise than at a school. Although there is no legal obligation on local authorities to classify a child as CME at a particular stage of the statutory process under sections 436A and 437 of the Act, we would expect a local authority classify a child as CME once they have deemed that the child is not receiving suitable education (which would include having insufficient information to reach such a conclusion). If local authorities have not had an opportunity to assess whether a child is receiving suitable education, that does not mean that the child should automatically be classified as not receiving suitable education. Not knowing does not mean the child is not being suitably educated, though the local authority may ultimately reach this conclusion if they have asked for information and not received satisfactory responses. Elective Home Education and Children Missing Education

How assiduous are local authorities at collecting this information? Difficult to say, but it is interesting that 11 of the 33 London boroughs have a rate of 0.1%, the best possible. This is along with six local authorities in the North East, and five counties. However, no local authority in the East of England features in those LAs with a 0.1% return, the best being 0.3 and the worst 1.0%.

Overall, the average autumn term rate fell from 0.5% in 2023/24 – the first year of collection to 0.4% in 2025/26.

Why does the issue of children missing education concern me. My posts on Jacob’s Law shows why I thinking understanding the problem is important Time for Jacob’s Law | John Howson

My suggestion last summer was for a virtual school for all such children otherwise classified as missing education A Virtual School for those missing school? | John Howson This could be especially important for young people with SEND awaiting a school place as well as those that move into an area mid-year when all school places in their year group are full.

I would encourage local politicians to check their percentage of missing children, and how well officers track such children. It was an Ombudsman’s report that originally sparked my interest in this issue.  Education is a fundamental Human Right | John Howson

The original paper to Oxfordshire’s Scrutiny Committee in 2019 highlighted 9,600 records that were incomplete at that time and the exercise Oxfordshire officers took to update their records!  aebhdfh I wonder how many local authorities have conducted such a thorough examination of their records.

Hopefully, now the DfE is collecting data, more attention is being paid to children that might slip though the net.

Education is a fundamental Human Right

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Last week there was a report from the Ombudsman (sic) about the management of the process of to the admission of a pupil to a school. This report was of especial interest to me as it involved Oxfordshire, where I am a county councillor.

Long-time readers of this blog will know of my concerns over the time required for some children taken into care to be offered a school place, despite their vulnerability. I have written about that issue several times, but probably most tellingly in April last year at https://johnohowson.wordpress.com/2018/04/17/educating-children-taken-into-care/

The fact that other children are also being affected is very disappointing, and disheartening when it is happening so close to home.

I firmly believe this is a basic right of children to be provided with education by the State, if asked to do so. To leave a child for 14 months, as in the case highlighted in the report from the Ombudsman, with either less than full-time education or no education at all is unacceptable.

We now fine parents for taking children on holiday in term time, so we cannot accept, even in these times of cuts to public services, a child facing long periods without education as a result of administrative issues.

Indeed, I am reminded that the first Protocol of Article 2 of the 1998 Human Rights Act reads as follows:

Right to education

No person shall be denied a right to an education. In the exercise of any functions which it assumes in relation to education and to teaching, the State shall respect the right of parents to ensure such education and teaching is in conformity with their own religious and philosophical convictions.

https://www.equalityhumanrights.com/en/human-rights-act/article-2-first-protocol-right-education

The fault is not entirely that of Oxfordshire, the power of academies to dictate their own in-year admissions and the failure of government to act quickly when asked to rule on the issue don’t help.

Indeed, the 2016 White Paper that suggested that in-year admissions be returned to local authority control would be a good start.

If Mr Williamson wanted an early win for parents, pending time for legislation, he could gain voluntary acceptance for academies and their Trusts to agree to work with local authorities on admissions and not to opt out of local arrangements.

However, all Oxfordshire’s children already have Oxfordshire County Council as their first line of defence when there are problems, as the Ombudsman pointed out at paragraph 60 of their Report:

Section 19 of the Education Act 1996 states councils have a duty to make arrangements to ensure the provision of suitable education at school or otherwise for each child of compulsory school age who for reasons of illness, exclusion or otherwise may not for any period receive suitable education unless arrangements are made for them. This duty is binding.

https://www.lgo.org.uk/information-centre/news/2019/jul/oxfordshire-teen-left-out-of-school-for-14-months-because-of-council-delay

Young people only have one chance of education alongside their peers, and we have to provide the resources to take care of challenging cases as much as for the majority of pupils that cause no issues for the State, and the schools it funds.