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It is up to the prosecution to prove that guilt to the required standard and by laying evidence before the court sufficient to justify such a conclusion.
Section 5(2) requires a local authority to provide"an account of the ways in which the authority will seek to involve parents in . . . the education of their children."
A whole range of factors must be taken into account. That is not the only factor, as both you and I know, but I think— I was paraphrasing what you said.
As I indicated earlier, the evidence base for that estimate is not clear, and it is also logically flawed. The record-of-needs system accounts for 2 per cent of the school population.