Lord Lucas:

Moved by Lord Lucas

235: Clause 31, page 54, line 38, at end insert “, except where the collection of such information would be incompatible with the rights guaranteed by the European Convention on Human Rights, including Article 8 (right to respect for private and family life) and Article 2 of Protocol 1 (parental right to education in line with convictions)”Member’s explanatory statementThis Amendment ensures that data collection under section 436B respects rights under the European Convention on Human Rights, including Article 8 and Article 2 of Protocol 1. It prevents disproportionate interference with family life or educational convictions and upholds privacy and parental choice in home education.

My Lords, this group concerns data protection and sharing. Obviously, we are dealing here with some very personal data. People want to be sure that it is handled right and not shared with the wrong people. Where families are in the process of breaking up or where abuse is concerned, it is particularly important that the data does not get to the wrong people. By and large, the amendments in this group for which I am responsible are self-explanatory. It would be most helpful for me first to listen to the Minister responding on where the Government find themselves. I beg to move.

My Lords, I want to say a few words about Amendment 254A in the name of the noble Lord, Lord Storey, to which I have added my name. I want to spell out what I suspect noble Lords understand fully, which is that there are issues here. In certain cases, where perhaps one parent has been abusive to their child, partner or spouse, it is vital that addresses are not made available to that parent.

Perhaps I could just go back two or three steps and preface my remarks by saying, first, how much I appreciate the warm remarks on home education made by the Minister in opening. They set a much better tone than has tended to come through in this debate. Something else that I omitted to say at the beginning is that my thanks go to the Minister and her officials for the excellent meeting we had. It lasted much of the day and, frankly, they were very open and willing to discuss things; that was very helpful. I do not know how much movement we got out of it—we will see during the course of today—but it was helpful to have that meeting and to understand things clearly.

As all noble Lords have said, there is an issue of balance here between supporting the good people who are providing home education because it is best for their children, or for another good reason, and supporting the missing children who are abused or neglected or have missed out. The noble Lord, Lord Storey, made an important Intervention on this. We need to get that balance right.

We discussed with officials the issue dealt with in Amendment 254A. It was said that this could be picked up in regulations or whatever, but there needs to be something in the Bill to help parents who are specifically worried about safeguarding. This amendment is probably as simple as it gets in pointing out that where there is a concern about abuse, or an order standing against one parent, this should be handled by an authority in an appropriate fashion.

My Lords, I rise to speak to Amendment 267 in my name and in those of the noble Lord, Bourne of Aberystwyth, and the noble Baroness, Lady Bakewell of Hardington Mandeville, whom I thank for their support.

This amendment mandates local authorities not to keep the information they have on the register after the child has grown up, for two reasons. First, it is not necessary after the age of school education has passed. Secondly, many Gypsy, Traveller and Roma families have a well-founded mistrust of unnecessary scrutiny, targeting and Intervention on the part of authorities. This amendment would allay their fears and ease liaison with the registering authority. It may be that discretion should be used in the case of SEND children, perhaps until the age of 25, but that is for discussion later. I hope that my noble friend the Minister will understand the need for this amendment.

My Lords, I rise to speak to my Amendment 254A, and I thank the noble Lord, Lord Crisp, for his comments. As a society, we can be proud that, over the years, we have carefully and proportionately brought in safeguarding procedures which really make a difference to the lives of children and young people. We know that, by and large, our children are safe. Occasionally, we find a gap in the regulations or in the provision, and we come together to try to sort that out.

In a sense, safeguarding information can be shared with parents. This amendment comes out of conversations with a number of organisations that have given thought to how, in some cases, this can be harmful for the child. If there is a safeguarding concern, details can be shared with both parents, but my amendment questions whether it is appropriate if it risks further harm to the child. In a sense, this is a probing amendment, and I will be interested to hear what the Minister has to say as it will impact my thoughts when we come to Report.

My Lords, I will speak very briefly to this group, which, in common with some of the earlier groups, seeks to probe the Government’s position on some important, albeit quite technical issues. These include the right to privacy and family life, as covered in Amendments 235 and 297; the handling of data breaches, covered in Amendments 268, 275 and 375; and data removal, covered in Amendments 267 and 273. Throughout, the House is looking for reassurance and clarity from the Minister as to how these issues will be handled. Amendments 265, 272, 328, Clause 33 stand part and Amendment 504 all relate to data protection. Again, the points about relationships and trust, and families having absolute clarity as to how their data will be protected, who will have access to it and what will be public, are obviously important.

Finally, as we heard from the noble Lord, Lord Storey, Amendments 236, 236A, 254A—in the noble Lord’s name—266 and 305 relate to the delicate and difficult issues about sharing information in cases where abuse of a child by a parent has either been alleged or confirmed. Again, the more clarity the Minister can bring, the more helpful it would be for the House.

My Lords, as we have heard, the amendments in this group concern the sharing and protection of information on the registers. I can completely understand concerns about the collection and processing of data, and I hope to provide in my response some of the reassurances that noble Lords seek. But we must also be clear that we must not make them a barrier to legitimate information sharing. The recording and sharing of relevant information on children can be life-saving and, as we have discussed, children not in school registers will support local authorities to keep accurate records of eligible children, identifying those who require support and facilitating better co-ordination between support services, as well as enabling them to fulfil the requirement to understand where children are receiving education outside school.

Amendment 235, tabled by the noble Lord, Lord Wei, seeks to ensure that local authorities are not required to collect information on their registers that would be incompatible with the European Convention on Human Rights. Our published ECHR memorandum outlines the position on this, and we are confident that the provisions in the Bill are compatible.

I turn to Amendments 236 and 236A, tabled by the noble Lord, Lord Lucas, and Amendment 254A, tabled by the noble Lord, Lord Storey. As with Amendment 238, which I spoke to on the previous group, these amendments seek to place exemptions on the requirement for registers to contain certain information on the child’s parents. I have outlined why that information is vital, but I appreciate that noble Lords have tabled these amendments based on concerns that some parents are estranged from their families for reasons such as domestic abuse. Recognising that concern, we have engaged with organisations that support domestic abuse survivors on our proposals and will continue to do so as part of their implementation.

Organisations like Women’s Aid have long called for the introduction of children not in school registers. Indeed, this is one of the recommendations it has made as part of its Nineteen More Child Homicides report published in June this year. If a parent could pose a risk to the child, it is even more crucial that authorities have this information. Holding information such as where the parent lives and whether they are providing education to the child, as well as time spent in such education, could help the local authority to identify the frequency and nature of the contact the child has with the parent. This could feed into a local authority’s assessment of whether a child is at risk of harm or is likely to be receiving an unsuitable education, so that further action can be taken if needed. Without evidence that a child may be at risk, it is difficult for authorities to intervene.

But I understand the concerns of parents, and I want to respond to that. Just to be clear, parents who have fled domestic abuse should be reassured that they will not be required to seek out the details of the other parent. They need to provide only the information that they know. But I will be clear about how we can ensure that the register will not reveal, for example, the whereabouts of a parent who has escaped abuse. Data protection protocols will help to ensure that all those on the register are safe. Specifically, in cases where a known abuser has made a subject access request regarding their child, the local authority, as data controller, can make determinations, considering the facts of the case, including safeguarding concerns.

I and my colleagues in the other place are clear on the importance of ensuring that all appropriate safeguards can be in place for victims of domestic abuse. We will continue to work with organisations with expertise in domestic abuse to ensure that all necessary protections can be built into the guidance that we will produce.

Linked to this but on a slightly different issue, Amendment 266, tabled by the noble Lord, Lord Wei, and Amendment 265, tabled by the noble Lord, Lord Lucas, concern information from local authority registers being published. Let me be clear that local authorities will not be able to publish from their registers the name or address of an eligible child or their parent or any information that could lead to their identities being deduced. The Bill contains a provision in new Section 436C(5) explicitly preventing it. However, it is important that local authorities can publish information relating to their home education cohorts—in fact, I think that in later groups some noble Lords will be asking for further information along these lines—in terms of numbers, reasons for home education, and demographics. That will aid transparency in terms of how each local authority is undertaking its duties. We will ensure that regulations made in relation to this setting out whether and how registered details may be published will be subject to public consultation, and they will also be subject to the affirmative procedure.

Amendment 267 in the name of my noble friend Lady Whitaker and Amendment 273 in the name of the noble Lord, Lord Wei, would require the destruction of all data in relation to a child held on children not in school registers upon that child turning 18 or re-enrolling in school. I assure noble Lords that data protection Laws are clear that data must not be kept longer than necessary and must be retained only when there is a lawful basis. Entries on the register will therefore be deleted prior to a child turning 18 as a child is eligible to be included on the register only if they are of compulsory school age. As my noble friend alluded to, some information may need to be retained on other local authority records for a longer period; for example, a looked-after child remains with their local authority until they are 25, and it is crucial to hold some historical information as part of education and safeguarding inquiries. Current laws already allow this.

Amendment 275, tabled by the noble Lord, Lord Wei, and Amendments 268 and 375, tabled by the noble Lord, Lord Lucas, seek to ensure that parents are notified of any data breaches that occur as part of the children not in school measures and are able to claim compensation, and that local authorities are liable for the consequences of breaches. UK GDPR already sets out that a local authority must report a notifiable personal data breach to the Information Commissioner’s Office within 72 hours and to the affected individuals “without undue delay” where there is high risk that they are adversely affected by the breach. Families who have suffered damage as a result have a right to claim compensation from the local authority, which may also face fines or regulatory action.

Amendment 305, tabled by the noble Lord, Lord Lucas, and Amendments 272 and 328, tabled by the noble Lord, Lord Wei, seek to restrict or remove the powers relating to the use and sharing of data on the registers. As I suggested earlier, local authorities and the department need to collate and share register information, often at speed, with relevant persons, to fulfil duties related to the education, safeguarding or welfare of a child. Requiring written parental consent in every case, as Amendment 272 would do, would potentially prevent children receiving support in situations where swift action is vital. New Section 436F inserted by the Bill makes it clear with whom data from the registers may be shared and under which circumstances.

For example, local authorities may share information with those persons and organisations listed in Section 11(1) of the Children Act 2004 if appropriate to do so for the purposes of promoting or safeguarding the education and welfare of children. These include organisations, such as the NHS, which are a central component of either local multi-agency safeguarding arrangements or national efforts to protect children. If there is information on registers that can aid these organisations in protecting or promoting the welfare of a child, I am sure noble Lords will agree that it is important that it is shared. In relation to Amendment 328, I reassure noble Lords that immigration authorities do not feature in any of these categories.

Amendment 297, tabled by the noble Lord, Lord Lucas, seeks to remove the requirement for out-of-school education providers to provide local authorities with the names, dates of birth and home addresses of children who are attending their provision above a prescribed threshold. We will talk about the provider duty in more detail later but, in effect, this amendment would remove the provider duty, which is, we argue, crucial in supporting local authorities both to identify children who should be on registers but are not and to cross-check records for children already on registers. There is no way for local authorities to achieve this without asking for basic identifying information.

Amendment 504, tabled by the noble Lord, Lord Lucas, would delay the commencement of the children not in school registers until the National Cyber Security Centre or an equivalent body certifies them. The Government already conduct extensive internal and external assurance processes to ensure that systems are safe and secure before launch. To support local authorities in meeting their data protection obligations under the measures, we will issue guidance that promotes best practice for keeping parents’ and children’s information secure.

Finally, I turn to the stand part notice in the name of the noble Baroness, Lady Jones of Moulsecoomb, which would oppose Clause 33 standing part of the Bill. As I have outlined in responding to this group, Clause 33 ensures that the processing of personal information as required or enabled by the Bill does not contravene the Data Protection Act 2018. It promotes the highest standards of data security and transparency. I hope that that provides your Lordships—and parents—with some assurance. I also hope that noble Lords will feel able to agree that this clause should stand part of the Bill and that the noble Lord, Lord Lucas, will withdraw Amendment 235.

My Lords, I am grateful to the Minister for that thoughtful response. I will pick up anything with which I disagree—I did not notice anything —later.

I want to say just one thing on Amendment 504. The Government created this cybersecurity centre—because the risks, the techniques and the availability of those techniques are moving so quickly, particularly with artificial intelligence—so that the best possible expertise is available to government departments. Time and again, though, they do not use it. In a recent case with which I have been dealing, DSIT got a chunk of its vital core code developed in Romania. It is not secure to do that; you do not know what it is doing and who it is doing it for. The way in which devices were secured was not up to scratch either. This resource is there as part of government. It should be used by departments, which cannot in all reason keep up with the latest threat and techniques, to be sure of what they are doing when it comes to security. It really is the best thing that can be done, so I encourage the Minister to get the department to take advantage of that facility.

I beg leave to withdraw the amendment.

Amendment 235 withdrawn.