Can LAs use existing powers and threat of legal action as control mechanisms rather than true safeguards? This research article by Educational Freedom concludes there is good evidence that some LAs do:

The charity compiled data from Freedom of Information requests to all LAs in the UK to investigate and compare rates of commencement of legal proceedings against EHE families.
Be these Notices to Satisfy, the initial step in the process of issuing School Attendance Orders,
Or School Attendance Orders themselves.

As in the previous year’s study, marked regional variation was noted, with a number of LAs showing an extremely high rate of legal actions against EHE families.
This includes a number of LAs in Wales.

For those of us in Wales – note:

➡️There are two Welsh LAs in the “top ten” of the worst LAs in the UK.

This is despite the small size of Wales in terms of population compared to the rest of the UK.

We only have 22 LAs in Wales, there are some 500 in the UK, so to have two in the “top ten” of questionable and concerning UK LA practice on this issue is extremely worrying.

➡️Other Welsh LAs commence legal proceedings against families at a much higher rate that the UK average, as shown in the summary table below.

Full table of data for all Welsh LAs for comparison is available here:

Note the Welsh average is much higher than the UK, despite a number of LAs in Wales quite naturally finding having engaged with families in their area that there has been no need to commence legal proceedings against them.

Note that the data for how many of these SAOs are actually upheld if the parents do not agree and are challenged through the courts is not available for this study.

So, we do not know how many of these SAOs were found by the courts to have merit – if the parents have the stamina to go through such a process of course.

This is because remarkably not all LAs hold such data.

That is a key point in itself. How can council staff possibly reflect on, audit and monitor their own practice if such data is not readily and transparently available for all LAs or even for their own consideration?

It’s also worth noting this information is only available because of the hard work of volunteers conducting and compiling Freedom of Information requests for every single LA in the country. This kind of information isn’t something that Welsh Government collates (or if they do their studies are not readily available in the public domain).

The study also suggests that many LAs create CME by reclassifying lawfully home educated children when parents refuse unlawful demands- further evaluation of this in the research article.

And this is under existing powers.

If existing powers are misused at times now, how much greater will the impact be under the unprecedented new powers of the CWS Bill, if the Senedd were to give assent to this?

Yet the complex and controversial CWS Bill if waved through by the Senedd would dramatically increase the powers given to the same council staff, even more so in the recently tabled last-minute amendments.

Yet with no independent complaints, appeals, mediation, advocacy or tribunal mechanisms or services.

Neither is there any form of support for families forced to defend their children’s rights to education alone without representation through the courts when there is a difference in opinion on educational provision, and when staff make errors of judgement and mistakes.

This is because at Westminster, when this need for some form of appeal process was raised, the overriding tone was that council staff will always act in a child’s best interests.

The CWSB at Westminster is being pushed through using the case of poor Sara Shariff as an attempt at justification.

To politicise the life and death of that poor child is reprehensible.

This Bill would not have protected her.

Moreover, that tragic case is a clear example of a child being let down because of multiple failings by multiple agencies of a long period of time.

What was needed was for staff to use existing powers correctly and appropriately. What was needed was for employees to act in the child’s best interests.

And repeatedly they did not.

Evidence is clear in that awful case and others that council staff can and do make mistakes, make errors of judgements.

Evidence above that council staff are using existing powers to instigate legal action against loving families in a disproportionate and therefore highly questionable way. Those who have experienced overstepping by inappropriate use of the threats of legal action can verify the intimidation and fear this causes, can give accounts of the damage done. There will be those who placed their children back into environments that they believe are not in their child’s best interests because of threats of legal action.

Yet mistakes and overstepping by council staff is not considered possible in this Bill.

The concept of unconscious and conscious bias and discrimination by council staff is seemingly not considered possible.

Oh, and don’t forget that, as the amendments confirm, Westminster have said they don’t consider there is any need for additional funding for the implementation and use of all these dramatically increased powers and remits of council staff.

With spreading resources even more thinly to cover new mandates from Westminster making the likelihood of mistakes and errors so much greater.

This is only one potential area or outcome measure- there are a range of other ways LAs can overstep or misuse powers

This study only looks at one aspect of overstepping – the use of legal action or at least the threat of it.
There can be LAs here where they do not issue many or any SAOs, but where we know there is overstepping in other areas of practice or policy.

In addition, we do not know how many people have avoided legal action by giving in to pressure for LAs in overstepping of their remits.

What are the implications for the Senedd if giving considering giving assent to allow Westminster to legislate for Wales on this devolved issue?

We cannot just wave through more powers without due scrutiny of the use of existing ones,

Let alone without scrutiny of the impact of those increased powers and dramatically widened remits on the people of Wales and how they interact with our existing legislation and practice in a whole realm of related areas that are covered in this Bill.

We in Wales have our own ALN and social care systems, our own Curriculum for Wales, our own Future for Wales Act, our own approach to physical punishment of children.

What is the point of seeking increased powers for the Senedd if are seen to be waving through what was designed as an England-only Bill, a highly controversial Bill, a Bill where so many experts have warned it is dangerous to the wellbeing of children and of highly questionable lawfulness?

Waving through such a Bill without question or scrutiny – or – involvement of the people of Wales?

30 minutes in Plenary?
originally only listed in Senedd business with 2 weeks’ notice, before the Bill was even complete at Westminster?

Without any engagement with those who would be so profoundly affected, those with lived experience.

Without notifying concerned parties and groups this forthcoming vote?

Surely we, the people of Wales, deserve better than this?

if Senedd Members want to be seen to support the powers of the Senedd, to be supporters of devolution,
if they want to be seen to be listening to the people of Wales,
Then vote against the CWS Bill LCM on the 3^rd of March 2026 .

The people of Wales will be watching.