Disappointment at consultation responses from CLC and NICCY

Home educating families are very concerned at the apparent disregard for the law, and for the legal rights of children in the responses by the Northern Ireland Commissioner for Children and Youth, and the Children's Law Centre.

Both state that the Board's have a duty to 'ensure' education under Schedule 13, in fact the word 'ensure' does not appear in any part of the relevant legislation and Schedule 13 creates no duty to act except if a concern arrises.  The duty to provide an education is created by Section 45 and belongs to the parent, the Boards are not mentioned at all.  

Further, the relevant legislation creates no powers or duties relating to welfare.  If the Boards wish to annex powers and duties properly belonging to social services then they will need primary legislation to do so, a treaty unincorporated into law cannot create these powers.

We strongly suggest that the Boards and the charities set up to protect children's rights read the relevant legislation, and carefully consider whether the safety of all children is promoted by confusing education with welfare, by allowing the Boards to step outside the law and by arbitrarily labeling a group of families as a welfare risk, simply because they excercise a legally sanctioned educational choice.