I trust that we are all refreshed and invigorated. By way of recap, Mr. Bayley, Clause 76 introduces a new definition of independent educational institutions. The new definition includes independent schools providing full-time education for pupils of compulsory school age. It also includes part-time institutions that are the  main provider of a child’s education, as defined by the number of hours of operation per week over a period of weeks in one year.

It might be helpful if I took this opportunity to respond to some of the points made when we opened the debate this morning, which were mainly about home education and comments made by home educators in response to our consultation. I will explain how current education law and proposed changes in the Bill affect home educators.

Section 7 of the Education Act 1996 requires the parents of every child of compulsory school age to cause their child to receive—by regular attendance at school or otherwise—efficient, full-time education suitable to that child’s age, ability and aptitude and to any special educational needs they may have. “Otherwise” in this context may be education at home or in an institution that is not registered as a school.

During 2007, we commissioned research to assess the number of children educated at home. The researchers estimated that around 20,000 were known to local authorities, but that there could be a further 20,000 or more who had not identified themselves to their local authorities. A home is not an institution, and our policy is clear. When parents deliver or supervise education that takes place in the home, they are not conducting an independent educational institution.

We clarified arrangements for monitoring home education in November 2007, publishing the document the hon. Member for Bognor Regis and Littlehampton referred to, “Elective Home Education Guidelines for Local Authorities.” That underwent extensive consultation, generating over 900 responses, most of them from home educators who have a keen interest in legislation that could affect their freedoms. I am pleased to say that home educators broadly welcomed the guidelines. Only 4 per cent. of respondents to the consultation thought the guidelines unhelpful.

A small number of parents opt to educate otherwise than at school, using unregistered settings where children are supervised and taught by adults who are not their parents. Tyndale Academy—which I mentioned in response to questioning from the hon. Member for Bognor Regis and Littlehampton—is one such institution. Tyndale has varied its hours over the years, but its website currently states that it is a tuition group that operates from 9 am to 2 pm, five days per week. Earlier I named the other three institutions, which we have referred to in parliamentary questions and elsewhere.

In all four cases, children attend for a substantial part of the school day and are not supervised by their parents. If the institutions were registered independent schools, they would be registered and inspected against the regulatory framework introduced in September 2003, following the Education Act 2002. That framework ensures that all children in registered schools have suitable learning opportunities in a safe and secure learning environment. The requirement to register part-time institutions, which are not currently subject to any regulatory or monitoring framework, will ensure that the same safeguards are in place for children in those settings. Should such a part-time institution use corporal punishment, for example, that would then be regulated and the law outlawing corporal punishment applied. The clause applies to  institutions that provide 12.5 hours for primary-age children and 15 hours for secondary-age children, for 28 weeks a year or more. That equates to more than half of a typical school week for more than half of the school year. The institutions are providing the Majority of a child’s education, and it is therefore right that they meet the minimum standards.

The independent school standards are flexible and are adapted successfully to a wide range of settings, including Steiner schools, schools following the curriculum of other countries, pupil-referral-type provision and schools that cater for children with severe learning difficulties. There is no question of independent schools having to follow the national curriculum or employ teachers with specific qualifications, and therefore no reputable institution should have difficulty complying with the statutory requirements.

The hon. Member for Bognor Regis and Littlehampton referred to Opposition from consultees to extending the scope of regulation to part-time education institutions. I agree that there was opposition, but it came mainly from home educators who thought—wrongly—that the proposals would affect home education. In our first consultation in November 2006, 156 of the 175 respondents identified themselves as home educators, individuals or “others”. Local authorities and registered independent schools were in favour of our proposals. Respondents who disagreed with the consultation proposals were worried about how we would define “a major part” of a child’s education. My Department responded to those concerns by issuing a second consultation in August 2007, which made it clear—we thought—that home education was to be excluded from the proposed changes. However, 50 per cent. of the responses were from home educators who opposed the proposed changes because they thought that the changes might restrict their freedom to come together to deliver group activities as part of a home education programme. There were also objections from sporting bodies which thought that sport or other supplementary provision might be caught by the new definition. Therefore, in drawing up the legislation we paid close attention to those representations. The Committee will see that we no longer attempt to define the main provider on the face of the Bill, because that would be open to misinterpretation. Rather, the definition works by reference to a lower bound of hours, as I have set out.

The hon. Member for Bognor Regis referred to the policy statement on clause 76. It is not the intention of the proposals to remove parents’ rights to educate their children at home. Home education, supervised or delivered by parents, either in the family home or elsewhere, and any arrangements used by parents to supplement home education which do not exceed the thresholds, will not be included in the regulatory regime. Some parents supplement home education with provision that includes group tuition by private tutors employed by parents, or tuition by groups of home educators themselves, for drama, sport or music. Only where a parent is delegating responsibility that exceeds the minimum hours thresholds will that provision be subject to the regulatory regime.

Further, to ensure that no provision is unintentionally caught by the new definition of independent educational institutions, clause 76 provides for certain settings to be  excluded. Those exclusions will definitely apply to hospital schools, to home tutorial services organised by a local authority, and to home education—a point I reinforce because some people involved in that activity clearly find it difficult to believe what we say. More detail is given in the policy statement that I circulated this week to the Committee.

Other settings that either do not meet the proposed threshold or are not the main provider will remain outside the definition of an independent educational institution. Examples are summer schools, sports clubs, music tuition, and revision and study support groups undertaken in support of a child’s main education. I say yet again, to be absolutely clear, that we do not believe home education is affected by the definition.

I believe that the proposals strike the right balance between protecting children and ensuring that they receive a good education, and allowing parents to make arrangements that they believe are in the best interests of their child. They leave a parent’s right to home educate intact and ensure regulation for all settings in which a material part of a child’s education is delegated to others. On the basis of those many reassurances and answers to the hon. Gentleman’s many and varied questions, I hope that he will be happy to withdraw the Amendment.