DESC SLT meeting held on or around 19 September 2018

Summary

The requester sought documents regarding a Department of Education, Sport and Culture Senior Leadership Team meeting held on 19 September 2018, including agendas, minutes, and correspondence. The authority responded with a partial disclosure, providing a section of an email dated 18 September 2018 containing draft legislative text on parental duties and compulsory school age, while noting that not all requested information was held.

Key Facts

• The request targeted a DESC SLT meeting held on or around 19 September 2018.
• The authority disclosed a section of an email sent to attendees on 18 September 2018.
• The disclosed text contains draft legislation regarding parental duty to arrange education and register children at school.
• The response indicates that some requested information was not held by the authority.
• The draft legislation discusses potential fines of up to £1,000 for failing to notify the Department of education arrangements.

Data Disclosed

• 19 September 2018
• 18 September 2018
• fifth birthday
• 3 months
• 21 days
• £1,000
• 6 months
• 2 years
• section 24A
• EA 2001

Original Request

With reference to the comments on page 3 https://iom.icasework.com/servlet/servlets.getImg?ref = 352635&bin = Y&auth = 0&db = ZVD1ZPdIGvo%3D&access_token = 8ysBKspBxRELdT568hwAI3L2LHlXdC7glre52JWmgyj1XB_XNRvVuXlrCR9oQg-L.VVhCUrgHE9m_-au5ryv_DA%3D%3D I would like to see suitably redacted documents regarding the DESC SLT meeting held on or around the 19 September 2018. Including 1. Agenda, 2. Papers circulated in advance of the meeting 3. Email correspondence in preparation of the meeting. 4. Minutes 5. Notes 6. List of action points 7. Email correspondence in respect to the action points and resolution of other matters discussed at this meeting. 8. Any other documentation that would be relevant and could be reasonably be expected to be included for context. Thank you

Data Tables (25)

Full Response Text

Section of document attached to email dated 18/09/2018 which was sent to attendees of the meeting
(1) with summer born could deal with this and we come up with a definition which addresses this, or we revert to what we presently have and parents who opt to delay starting their child will have the risk that they leave school without any qualifications ]

(2) The Department may by regulations modify or disapply the effect of subsection (5) in relation to children of a specified description or in specified circumstances.

DIVISION 2 – PARENTAL DUTY

70 Duty to arrange for education

(1) Each parent of a child of compulsory school age must ensure that the child receives suitable education, whether or not by regular attendance at a school.

(2) For the purposes of this Part “suitable education” for a child means efficient full-time education suitable to the child’s—

(i) age,

(ii) abilities and aptitude, and

(iii) special educational needs (if any).

(3) The Department must enforce the duty under subsection (1) in accordance with the provisions of this Act.

71 Duty to register at school

(1) A parent who wishes to fulfil their duty under section [Duty to arrange for education] by arranging for a child to attend school must register the child at a school before the child’s fifth birthday.[do we need to say in the academic year before the academic year in which the child is 5 years old?]

(2) Subsection (1) applies even if the child will not be of compulsory school age immediately on becoming 5 years old, by reason of the application of regulations under section [Compulsory school age]. [is this necessary?]

[A new section is needed as section 24A of the EA 2001 is missing]

72 Duty to notify Department of arrangements for child’s education (1) Where a child of compulsory school age is not a registered pupil at a provided school, maintained school or special school, the parent [does the term ‘parent’ cover the situations described in point 2] of the child must notify the Department in writing of the arrangements made for the child to receive education. (2) [Is it possible to insert at this point?] [The Department must issue regulations to assist in determining if a child is receiving a suitable education] [I suspect that if we insert this it will be necessary to expand on what we expect from this but you will be able to advise. We have realised that not only would we need to consider Home Educated children but off-Island provision for children in hospitals for example, or secure unit provision, hospital provision on Island, and possibly even private schools] (3) [The regulations need to ensure that parents / organisations supply information to ensure that we have sufficient information to ensure that a suitable education is provided] (4) A notification under subsection (1) must state — (a) the full name, address and date of birth of the child; (b) the full name and address of the parent; (c) whether the child is receiving or is to receive education by regular attendance at school (in the Island or elsewhere); (d) if so, the name and address of the school; and (e) if not, the name and address of the person or persons by whom it is being or is to be given. (5) The parent of a child must give a notification under subsection (1) — (a) within 3 months after the child — (i) attains the compulsory school age; (ii) becomes resident in the Island; or (iii) ceases to be a registered pupil at a provided school, maintained school or special school; or (b) at any time, within 21 days after being required by the Department to do so by notice in writing. (6) A parent who, without reasonable excuse, fails to give a notification under subsection (1) within the time allowed by subsection (3)(a) is
guilty of an offence and liable on summary conviction to a fine not exceeding £1,000.

(7) A person who, without reasonable excuse, fails to comply with a notice under subsection (3)(b) is guilty of an offence and liable on summary conviction to a fine not exceeding £1,000. [this would need amending to reflect the standard scale – level 3?] (8) Proceedings for an offence under subsection (4) or (5) shall not be brought otherwise than by the Department. (9) Proceedings for an offence under subsection (4) may be commenced at any time within — (a) the period of 6 months from the date on which evidence, sufficient in the opinion of the Department to justify a prosecution for the offence, comes to its knowledge, or (b) 2 years after the commission of the ofence, whichever period last expires. (10) For the purpose of subsection (7), a certificate signed on behalf of the Department as to the date on which such evidence as is mentioned in subsection (7)(a) came to its knowledge shall be conclusive evidence thereof; and a certificate purporting to be so signed shall be deemed to be so signed until the contrary is proved.15 https://publications.parliament.uk/pa/bills/cbill/2017-2019/0258/cbill_2017- 20190258_en_2.htm#l1g1

72 Enforcement: notice requiring information [renumber for subsequent paragraphs if the above is inserted at this point]

(1) [Is it possible to insert at this point?] [The Department may issue regulations to assist in determining if a child is receiving a suitable education] [and then renumber the following. I suspect that if we insert this it will be necessary to expand on what we expect from this but you will be able to advise. We have realised that not only would we need to consider Home Educated children but off-Island provision for children in hospitals for example, or secure unit provision, hospital provision on Island, and possibly even private schools]. If the Department suspects that a child of compulsory school age in the Island is not receiving suitable education it must serve a notice in writing on a parent of the child requiring the parent to provide information satisfying the Department that the child is receiving suitable education.

(2) The Department must issue guidance as to the criteria to which it will have regard in determining the suitability of education for the purposes of subsection; and the guidance may, in particular, make provision by reference to—

(a) educational outcomes (including but not limited to examinations and qualifications);

(b) educational methods and processes;

(c) opportunities for social interaction and integration.

(3) The notice must specify a period within which the parent must provide information under subsection (1); and the period must be not less than 15 days beginning with the day on which the notice is served.

(4) The notice may require the parent to cooperate with arrangements for the child to be examined or assessed; and if a notice includes a requirement under this section it must specify—

(a) the arrangements that the Department proposes for the examination or assessment, and

(b) a period within which the examination or assessment is to take place, which must be not less than 15 days beginning with the day on which the notice is served.

DIVISION 3 – FAILURE TO SECURE ATTENDANCE

73 Parent failing to secure child’s regular attendance: offence

(1) If a child of compulsory school age who is a registered pupil at a school fails to attend regularly at the school, any parent of the child is guilty of an offence.

1 From: Sent: 18 September 2018 17:45 To: Subject: RE: Draft Education Bill 30 July 2018 Revised document Hi ,

Thank you.

Best wishes,

From:

Sent: 18 September 2018 17:34 To:

Cc:

Subject: Draft Education Bill 30 July 2018 Revised document

Hello    I’ve sent the information from the first meeting to       We got up to clause 72 I believe and I’ve inserted a missing section, lifted from the current Education Act but with  suggestions for additions.    There have been some suggestions from   and   which occur in the SEN section. These have not been  formatted and   was going to review to ensure they tied in with what is anticipated.    Purple is possible changes, yellow are revisions that  inserted from a previous version and green is for my  comments to  .      Redacted Redacted Redacted Red t Redact d Redact d Redacted Redacted Redacted Red Redac t d Reda t d Reda t d Re d Redac t d Reda t d Redact d 1 From: Sent: 07 September 2018 09:08 To: Cc: Subject: Re: Education Bill - IOM Thanks   ‐ that's very helpful to know ‐        Barrister specialising in legislation          From:     Sent: 07 September 2018 07:37  To:    Cc:    Subject: RE: Education Bill ‐ IOM
Hello No problem re the 19th as I’m sure there will be a significant number of items coming out of the meeting that day which I will need to feed back to you.

From:

Sent: 06 September 2018 20:00 To:

Cc:

Subject: Re: Education Bill - IOM Thanks - will go through this properly when I can - at first flick-through all looks in good order thanks - not promising to get it back to you before your 19 September meeting but will if I can - hope all well - many thanks -

Barrister specialising in legislation

From:

Sent: 06 September 2018 14:08 To:

Cc:

Subject: Education Bill - IOM
Dear

I’m now back in work and realising that there is a lot of work to do. We have been delayed a little as our SLT wanted to review what we had as of 30 July 2018. With summer holidays it was not possible to get everyone Redacted Redacted Redacted Redacted Redacte d Redac ted Redacted Redacted Redacted Redacted Redacted Redacted Redacte d Redacted Redacted Redacted Redacte d Redact Redacted Redacted Redacted Redacted Redacted Redacted Redact d Redacted 2 together until earlier this week. I’ve managed to incorporate information for those points we have covered into the 30 July document. Green is used for comments and questions and purple is used to indicate possible changes. I’ve inserted section 24A of the Education Act 2001 in as a new point 72 and asked a number of points as well as trying to indicate a little about what we would like. We have realised that there is a bigger issue re finding out if children receive a suitable education for example in the secure centre, for those in hospital on and off Island as well as in private education. We have another meeting scheduled for 19 September and I have organised to see officers from the Inclusion and Safeguarding section on a daily basis to firm things up for their area of the Bill. Thank you

Department of Education, Sport and Culture Hamilton House, Peel Road Douglas, Isle of Man IM1 5EZ Tel:

Fax:

Mobile:

Email

NB. Is this email of short term value? – if so delete it!! Isle of Man. Giving you freedom to flourish

WARNING: This email message and any files transmitted with it are confidential and may be subject to legal privilege. You must not copy or deliver it to any other person or use the contents in any unauthorised manner without the express permission of the sender. If you are not the intended addressee of this e-mail, please delete it and notify the sender as soon as possible.

No employee or agent is authorised to conclude any binding agreement on behalf of any of the Departments or Statutory Boards of the Isle of Man Government with any party by e-mail without express written confirmation by a Manager of the relevant Department or Statutory Board.

RAAUE: S’preevaadjagh yn çhaghteraght post-l shoh chammah’s coadanyn erbee currit marish as ta shoh coadit ec y leigh. Cha nhegin diu coipal ny cur eh da peiagh erbee elley ny ymmydey yn chooid t’ayn er aght erbee dyn kied leayr veih’n choyrtagh. Mannagh nee shiu yn enmyssagh kiarit jeh’n phost-l shoh, doll-shiu magh eh, my sailliu, as cur-shiu fys da’n choyrtagh cha leah as oddys shiu.

Cha nel kied currit da failleydagh ny jantagh erbee conaant y yannoo rish peiagh ny possan erbee lesh post-l er son Rheynn ny Boayrd Slattyssagh erbee jeh Reiltys Ellan Vannin dyn co-niartaghey scruit leayr veih Reireyder y Rheynn ny Boayrd Slattyssagh t’eh bentyn rish. Redacte d Redact d Redacted Redacted Redacted Redacted Redacted

1

On 3 Oct 2018, at 09:31,

wrote: - just a quick progress report - have made a start on taking all these comments in and modifying as appropriate - have been a bit pressed on other fronts - aiming to get back to you next week if possible - let me know if that causes problems at your end - many thanks -

Barrister specialising in legislation

From:

Sent: 20 September 2018 16:14 To:

Subject: Re: Draft Education Bill 30 July 2018 Revised document 18.9.18 Thanks ‐ I will look at this and get back to you ‐ many thanks ‐

Barrister specialising in legislation

From:

Sent: 20 September 2018 15:02 To:

Subject: Draft Education Bill 30 July 2018 Revised document 18.9.18

Dear

I have compiled information following the meeting of SLT yesterday and attach the revised document. I have had a number of people come and see me today to say that they would like to make some additional changes to what is already written so I’m sure that sections will need further consideration eg sections 90 through to 95 and 102 – 105. I wanted to get what I’ve got to you though at the earliest opportunity. I have marked in the earlier sections up to section 70 with […..new] if something has been added which wasn’t there previously when I sent through the changes on the first 70 provisions the other week. SLT asked for a section on Home Education which I’ve put as a new section 73. This is based on Lord Soley’s Bill. Thank you

Department of Education, Sport and Culture Hamilton House, Peel Road Douglas, Isle of Man Redacted Redacte d Redact ed Redacted Redacted Redacted Redacted Redacted Red t Redacte d Redac ted Redacted Redacte d Redacted Redacted Redacted Reda cted Redact ed Redacte dRedacted Redacted 2

IM1 5EZ Tel:

Fax:

Mobile:

Email:

NB. Is this email of short term value? – if so delete it!! Isle of Man. Giving you freedom to flourish

Redacted Redacted Redacted Redacted

Corporate Services Division Department of Education, Sport and Culture Hamilton House Peel Road, Douglas IM1 5EZ Telephone: (01624) 685808 Website: www.gov.im/dec Email: dec@foi.gov.im Our ref: 797365 15 May 2019

Dear ###,

We write further to your request which was received on 15 April 2019 and which states:

"With reference to FoI request 740265, specifically the comments on page 3 of extracts from correspondence between DESC and Education Bill Drafter. I would like to see suitably redacted documents regarding the DESC SLT meeting held on or around the 19 September 2018. Including 1. Agenda, 2. Papers circulated in advance of the meeting 3. Email correspondence in preparation of the meeting. 4. Minutes 5. Note

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