Home Education
What is the law?
Parents' Duty
Section 7 of the Education Act 1996 states that:
The parent of every child of compulsory school age shall cause him to receive efficient full-time education suitable—
(1) to his age, ability and aptitude, and
(2) to any special educational needs he may have,
either by regular attendance at school or otherwise.
Compulsory School Age
"Compulsory school age" is set out in Section 8 (2) of the Education Act 1996 which says that "a person begins to be of compulsory school age
(a)when he attains the age of five, if he attains that age on a prescribed day, and
(b)otherwise at the beginning of the prescribed day next following his attaining that age."
Prescribed Days are defined in regulation by The Education (Start of Compulsory School Age) Order 1998 Statutory Instrument 1607 which states that "For the purposes of section 8(2) of the Education Act 1996 - (a) 31st August and 31st December shall be prescribed days for 1998 and successive years; and (b) 31st March shall be a prescribed day for 1999 and successive years."
In other words, a child whose 5th birthday falls on September 1st does not attain compulsory school age until December 31st of that year.
Permission
Parents do not have to request permission to home educate or notify anyone, but if your child is of compulsory school age and is attending school and you want to home educate, you need to tell the headteacher in writing to take your child's name off the school roll. It doesn't make any difference if your child has an EHCP, unless it is a special school. If at a special school then you must seek the agreement of the LA. Families are not required to produce examples of 'work' for inspection or meet anyone from the council.
Parents are not eligible for funding when children are home educated, although West Berkshire do provide some funding towards exam fees for children in years 10 and 11.
Monitoring
Local authorities have a duty to make arrangements to identify children outside school who are not receiving education but there is no statutory duty to monitor home education on a routine basis.
No Duty to Ensure Home Education is Satisfactory
Section 437(1) is the first step in the School Attendance Order process and is framed in the negative. If and only if it appears to the LA that a child is not receiving suitable education, the LA shall serve a formal notice on the parent under section 437(1) of the Education Act 1996.
Prior to the formal notice, the law does not require the LA to "be satisfied". The LA is NOT required to ascertain suitability in all cases, only to act where there is an appearance of problem or failure. Examples in the Guidelines of how parents can provide evidence only arise after a problem has already been identified (ie "if it appears...")
There is no statutory duty to do anything at the outset, but if the LA chose to be proactive, it could take a general look (sometimes described as "informal enquiries") to see whether there seemed to be a problem which might require further enquiry.
DfE ministers and civil servants have repeatedly stated that there is no overarching duty to investigate all home educated children or to pass judgement on the education of each child or to insist on seeing all home educated children.
The Government Guidelines say that suitable education has not been defined in law, but this is not correct. A "suitable" education is defined in section 7 of the Education Act 1996 which simply states that education has to be efficient and full time, and suitable to the child's age, ability aptitude and SEN. S7 is quoted in full in the Guidelines.
Section 437: School Attendance Orders
(1) If it appears to a local education authority that a child of compulsory school age in their area is not receiving suitable education, either by regular attendance at school or otherwise, they shall serve a notice in writing on the parent requiring him to satisfy them within the period specified in the notice that the child is receiving such education.
(2) That period shall not be less than 15 days beginning with the day on which the notice is served.
(3) If (a) a parent on whom a notice has been served under subsection (1) fails to satisfy the local education authority, within the period specified in the notice, that the child is receiving suitable education, and (b) in the opinion of the authority it is expedient that the child should attend school, the authority shall serve on the parent an order (referred to in this Act as a “school attendance order”), in such form as may be prescribed, requiring him to cause the child to become a registered pupil at a school named in the order. Education Act 1996
A SAO should only be served when all other options have been exhausted and all reasonable steps have been taken to resolve the disagreement.
Notice of intention to serve the order
(2) Before serving the order the authority shall serve on the parent a notice in writing—
(a) informing him of their intention to serve the order,
(b) specifying the school which the authority intend to name in the order and, if they think fit, one or more other schools which they regard as suitable alternatives.
Consulting the school
(5) Before deciding to specify a particular maintained school in a notice under section 438(2) a local education authority shall consult—
(a) the governing body, and
(b) if another local education authority are responsible for determining the arrangements for the admission of pupils to the school, that authority
(6) Where a local education authority decide to specify a particular maintained school in a notice under section 438(2) they shall, before serving the notice [our emphasis] , serve notice in writing of their decision on
(a) the governing body and head teacher of the school
Revoking the School Attendance Order
(2) If at any time the parent applies to the local education authority requesting that the order be revoked on the ground that arrangements have been made for the child to receive suitable education otherwise than at school, the authority shall comply with the request, unless they are of the opinion that no satisfactory arrangements have been made for the education of the child otherwise than at school.
(3) If a parent is aggrieved by a refusal of the local education authority to comply with a request under subsection (2), he may refer the question to the Secretary of State.
Defence of "education otherwise than at school"
(1) If a parent on whom a school attendance order is served fails to comply with the requirements of the order, he is guilty of an offence, unless he proves that he is causing the child to receive suitable education otherwise than at school.
(2) If, in proceedings for an offence under this section, the parent is acquitted, the court may direct that the school attendance order shall cease to be in force.
(4) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Deregistration
* If you remove your child from a school in order to educate at home, but then change your mind, there is no guarantee that a place would still be available at the school which you left. An application would have to be made in the usual way through the local authority’s process for in-year admissions – or if applicable, direct to the school. If no place was available at your child’s former school, the local authority would then be obliged to find a state school place, or arrange for education to be provided otherwise than at school. What does EOTAS / Alternative Provision include
* Remember that pressure should never be put on you as parents by a school to remove your child from a school to avoid formal exclusion, or because your child is having difficulty with learning or behaviour. This practice - sometimes called ‘off-rolling’ - is unacceptable, and if pressure of this sort is put on you by any school you should inform the local authority.
From a mainstream school
When parents want to remove a child of compulsory school age from school to home educate they must to go through a deregistration process. This simply involves writing to the headteacher. You do not have to seek their permission or approval to home educate. It is known as 'on demand' actions. Paragraph 8(1)(d)of the Pupil Registration Regulations (England) 2006 is the law you quote in your letter to the Head.
The Head is required to delete the name of the pupil from the school register [roll] on receipt of your letter.
It is the Head's duty [not yours as some will try to say] on deletion of the child's name from the roll, must inform the local authority. The law refers to "making a return" to the local authority i.e. the school's legal duty is to tell the authority, not to ask the local authority whether it should obey the law or not. The law does not provide for the school to keep a pupil on roll while "background checks" are carried out. This is unlawful for the school to do this.
From a mainstream school where the child is the subject of a School Attendance Order
When a child is at the school because of a SAO the lawful grounds are very similar....but again specific rules which have to be followed.
8(1) The following are prescribed as the grounds on which the name of a pupil of compulsory school age shall be deleted from the admission register—
(a) where the pupil is registered at the school in accordance with the requirements of a school attendance order, that ... the order is revoked by the local education authority on the ground that arrangements have been made for the child to receive efficient full-time education suitable to his age, ability and aptitude otherwise than at school
Therefore where the child has been registered as a pupil with a school following a School Attendance Order, any parent wishing to home educate must first write to the local authority and ask for the SAO to be revoked on the grounds that arrangements have been made for the child's education. The LA may ask for further information. The order must be revoked before the child's name can be successfully deleted from the school roll.
From a Special School
If the child is a registered pupil at a special school, the parent requires consent from the local authority before the child's name can be removed from the school roll.
Special school deregistration is covered by 8(2) of the Pupil Registration Regulations, NOT 8(1).
Consent must not be unreasonably withheld.
The regulations do not stipulate that the parent must seek consent or permission for home education. Nor do the regulations say that the child must continue to attend the school until Part 4 of the statement or section I of the Education Health and Care Plan (placement) is modified.
