BIRMINGHAM social services bosses might have saved Khyra Ishaq if they had used powers available under the Children Act.
Under sections 10 and 11 of the 2004 Act, local authorities can insist on seeing children in order to enquire about their welfare.
Judge Mrs Justice King, in her ruling on care proceedings for Khyra’s five brothers and sisters, makes the point that if social services had conducted a proper initial assessment, and gained entry to the Leyton Road house in Handsworth, they would have discovered the appalling treatment meted out to the children.
Birmingham children’s director Tony Howell told a press briefing that strict rules preventing local authorities from gaining access to children being educated at home prevented the council from entering the house.
But the council could also have used powers under the 1996 Education Act to intervene “if it appears” that parents are not providing a suitable education.
By serving a notice under Section 437(1) of the Act, Mr Howell could have required Khyra’s parents to “satisfy the local education authority that the child is receiving suitable education”. He did not do so.
If the council was not satisfied that proper educational arrangements were in place, it could have served an order requiring Khyra to return to school.