Scottish Government

4. Phase 2 - Further observations on Children Missing from Education (Scotland) service operation, September 2006 - April 2007

As part of the continuing review a small sample of case files and database entries were examined in greater detail to substantiate or invalidate areas which had emerged from initial observations and to identify any other issues which might arise. One very complex and ongoing case was studied in particular detail.

Case work complexity

When a young person goes missing from education, tasks associated with information gathering, risk assessment and information transfer can often be demanding and time-consuming for local authorities and partner agencies.

Referral to CME(S) may bring greater support for the local authority but it also brings with it an element of additional responsibility for the authority. The CME contact must be readily available to answer or redirect questions and be accessible when decision-making is required.

Although there appeared to be elements of the local authority partnership which might need to be addressed the effectiveness of the relationship was clearly demonstrated by the number of children who had been located:

November 2006
*The figure for 2006-7 only reflects referrals between August and November 2006.

A small number of children had not been located by November 2006. This usually involved families who had moved to live abroad without notifying the relevant school(s). In such cases after further investigation and liaison with the referring authority, a decision not to refer the children to the police as missing persons would have taken place. This would have been based on the referring authority's assessment regarding the welfare and protection needs of the children concerned.

Diverse groups

Many cases are complex from the outset because of family dynamics or social or lifestyle factors.

When young people belonging to a family from one or more of the following broadly defined groups ( Safe and Well), they may be more at risk of going missing from education than their peers:

Children/young people belonging to families who:

• are homeless and living in temporary accommodation, house of multiple occupancy or bed and breakfast;
• are fleeing from domestic violence/abuse;
• are involved in the witness protection programme;
• are involved in fraud, social difficulties and crime;
• do not return from holiday;
• belong to gypsy or traveller groups;
• for cultural reasons require extended visits to their country of origin;
• have been undergoing long term medical or emotional problems;
• are asylum seeking or failed asylum seekers;
• are immigrant and/or itinerant workers.

Children who belong to the latter groups are of increasing concern and it would be a positive move to increase dialogue with groups representing them.

Children are particularly at risk of going missing from education:

• at the outset of their educational life when they fail to start appropriate provision;
• when they move with their family into another area;
• when they and their family are newly arrived in Scotland;
• when the family is under stress of some kind.

Each of these categories provides their own particular complexities.

Families may not wish to be found, may change their names, move quickly from place to place within the UK and perhaps even move abroad. Sometimes very little information is held by authorities or agencies on either the child or the family because of the transient pattern of their lives. Where families have a particular immigration status or are newcomers to the UK tracing can be particularly difficult.

In the process of conducting enquiries and in contact with family members and friends of the missing families, CME(S) has been careful to describe the service's purpose as one of ensuring the transference of school records rather than a tracing service based within the Scottish Government. This has been done to minimise possible negative reactions and lack of co-operation and in the best interests of the child. Further discussion is required on how this sits with the Scottish Government's aim of being "open and accountable" and about possible support from an informed public.

Depending on their circumstances some parents may not see re-enrolment at school as a matter of urgency even if previously their children had been good attendees at school. Indeed if the children are nearing school leaving age the family may not see the relevance of returning them to education.

Children may be withdrawn from school to be educated at home, to travel abroad, to go on extended holidays for cultural reasons or because "moving on" is part of their lifestyle and culture. Children in all of these categories may indeed be safe and well but this cannot be determined until they are seen to be so.

The review did not set out to explore the complications specific to all diverse groups. The following examples however should provide some insight of the complexities involved.

Itinerant families

Good Practice Guidance for Gypsy and Traveller Children had already been produced and disseminated to all local authority/ CME contacts. Procedures specific to this group were to be followed except where there were care and welfare or child protection concerns.

Many other families have itinerant lifestyles and children may be enrolled in several schools -sometimes under different names. Because of the transient nature of contact with some families it is often difficult for schools to decide whether absence from school is for cultural or other reasons. Delay in initial reporting not only adds to case complexity but can put children at risk.

Pertinent background information may not always be readily available. For example, a new school may have no knowledge of current care and welfare concerns simply because the family has moved on and the system has not caught up. Should such a family move to another part of the UK, move between local authorities, not register with a GP and not enrol their children in schools the tracing task can become extremely complex.

All of these difficulties could be seen from case files.

Home education

Parents have the right to home educate if their children have never been enrolled in local authority provision or if they have chosen to withdraw their children from education. Under these circumstances local authorities must be informed. Some parents may withdraw children for home education and be unaware of the need to communicate this to local authorities.

There is no duty on parents to enrol a child in an authority's educational provision by simply moving into another education authority area (Education (Scotland) Act 1980, sections 30, 35 and 37(i) and (ii)) even when that child had previously been enrolled in another authority school. The child by definition is not 'missing from education' but this is a grey area for both the referring authority and CME(S) and requires urgent clarification.

Further complexities apply if the child had previously been enrolled in a school in another part of the UK. Even if there had been no previous care and welfare or child protection concerns, the relocation can make the investigation of any referral particularly sensitive for CME(S).

Families fleeing from domestic violence or abuse

When a place of safety has been found by a family fleeing from domestic violence or abuse, women are keen to ensure that their safety and that of their child has not been compromised. This can happen in an exchange of information between the child's previous and new school and can lead the abuser to the new contact address.

To prevent this happening CME(S) and Scottish Women's Aid agreed procedures for when a family moves to one of their refuges. Personnel acting on behalf of the family will contact CME(S) to act as a secure post box for transference of pupil records. The link is therefore broken between the past and future.

In line with the procedures agreed, CME(S) will:

• contact the new authority to ensure that the child is enrolled or about to be enrolled in one of their schools;
• contact the named CME contact in the previous local authority to say that the child is safe and well and asking them to send on to CME(S) the child's record by registered delivery without divulging the name of the new authority or the new school;
• explore with them if there are any other concerns e.g. child protection concerns;
• send on the pupil records by registered delivery to the new school where the child will be given a new Scottish Candidate Number ( SCN) since the child can be traced if this is not done;
• ask Women's Aid to remind the parent to refuse permission for the new school to make contact with the old (thus re-establishing the link).

While undertaking any search procedures CME(S) may discover that there are issues around domestic abuse. Under these circumstances it is not for CME(S) to make contact with other family members as this could inadvertently compromise the safety of the child. CME(S) has to proceed with extreme sensitivity and this in itself can lead to a delay in tracing the child.

The Domestic Abuse section can be found in Responding to Referrals-Guidance for CME(S) Staff in appendix 2 in the supporting papers.