Learn More: Home Education
Making the decision to educate your child at home is significant. A parent may feel that it is their only option when considering the health and wellbeing of their child, especially if the child is experiencing difficulties at school. This section will examine what the law states regarding home education and outline the rights and entitlements that may be available.
Introduction
Electively home educating a child or young person is understandably challenging for any parent or guardian, and such a decision should be made carefully. Failing to provide effective education at home can negatively impact a child’s future opportunities and may lead to criminal action against the family, including fines or imprisonment.
Families often feel they have little choice but to home educate, especially if they or their child have faced discrimination at school. However, support is available for Romani (Gypsy), Roma, and Irish Traveller families in this situation. Home education is not a stress-free option; it often involves significant challenges, such as effectively engaging a child in their education and assuming legal responsibility for providing appropriate education.
Some families view home education as part of their cultural tradition. While many Romani (Gypsy), Roma, and Irish Traveller children learn at home, their educational outcomes and life opportunities tend to be among the lowest of any demographic group.
Regardless of the reasons for considering home education, it is crucial to research and understand what it entails. Unfortunately, if children spend too much time away from school, it can be difficult for them to catch up or reintegrate into a school environment after a prolonged absence.
What sub-sections are available on this page?
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- What is Elective Home Education?
- The Law Around Elective Home Education
- What Help Is Available for Home Education?
- What Role Does the Local Authority Play?
- What Happens if the Home Education Isn’t Suitable?
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What is Elective Home Education?
Elective home education occurs when a parent chooses to educate their child at home. Under the Education Act 1996, parents have a legal right to do this, but the education provided at home must meet specific criteria:
- Full-time: Education must be provided consistently throughout the week.
- Efficient: It must effectively achieve its intended goals.
- Suitable: The education must be relevant to the child’s age, ability, and aptitude, catering to any special educational needs.
Local authorities are responsible for ensuring that home education meets these criteria. Each local authority has its own definition of what constitutes ‘suitable’ education, leading to varying expectations across different areas. Typically, parents can expect the following requirements to be enforced:
- Consistent involvement from parents or other significant caregivers
- Recognition of the child’s needs, attitudes, and aspirations
- Opportunities for stimulating learning experiences
- Access to the resources and materials necessary for providing home education
The Law Around Elective Home Education
What Do Parents Legally Have to Do?
If you choose to educate your child at home, you must:
- Inform the Head Teacher: Notify your child’s head teacher in writing of your decision to home educate.
- Notify the Local Authority: While it’s recommended to inform your local authority of your intention, this is currently not mandatory.
- Liaise with the Local Authority: You must work with the local authority to demonstrate that you can provide a suitable education for your child. This includes complying with any requests for progress updates. If the local authority is not satisfied with your child’s education, they can issue fines and require you to return your child to school.
- Curriculum Flexibility: You are not required to follow the national curriculum but must provide a broad curriculum that develops your child’s abilities and keeps future options open.
- Re-Admission to School: If you wish for your child to return to school, you can apply for in-year admission at any point during the academic year. For more information, visit the Learn More: Starting School page.
What Do Schools Have to Do?
Schools should provide you with legal information regarding elective home education, emphasising that you are legally and financially responsible for this decision. Once you decide to home educate, the school will remove your child from the attendance roll. Schools must not encourage or pressure families to opt for home education, as this is unlawful.
If Your Child Has Special Educational Needs (SEN)
If your child has SEN and is enrolled in a special school, you must obtain the council’s permission to home educate. However, you do not need permission if your child attends a mainstream school, even if they have an Education, Health, and Care Plan (EHCP).
What Help Is Available for Home Education?
The government’s website indicates that information and support may be available from your local authority. However, genuine support for home education is often limited, so it’s advisable to consult your local authority before making any decisions.
In most cases, parents assume full financial responsibility for their child’s home education, including the costs associated with public examinations. However, local authorities may offer support in certain circumstances, such as:
- Access to library services for borrowing books
- Free or discounted admission to local authority sports facilities
- Resources for the national curriculum
- Information about educational visits and work experience opportunities.
What Role Does the Local Authority Play?
Local authorities are responsible for identifying children of compulsory school age in their area who are not registered pupils at a school and are not receiving suitable education. While there is some debate regarding the role and rights of local authorities to inspect parents and children in their homes or elsewhere, it is advisable for parents to maintain a cooperative relationship with these authorities. However, parents who feel pressured or intimidated by local authority inspectors should seek advice and limit their engagement with the local authority until the matter is resolved.
Generally, local authorities are permitted to make informal inquiries about education provided at home but cannot demand evidence from parents in any prescribed form without a valid reason. This means local authorities cannot inspect or demand access to a family home without a suitable cause for concern or simply because the family belongs to the Gypsy, Roma, and Traveller communities.
It is important to remember that each local authority will have a clear written policy on elective home education, which should be available on their website. If you do not have internet access, you can call or visit your local authority office to obtain public information or documents.
What Happens if the Home Education Isn’t Suitable?
Informal Actions
Once a home visit or inspection is carried out, should the local authority have reasonable grounds to be concerned about suitability of education being provided, that may make recommendation and want to visit again. At this stage, a local authority does have the power to inspect, or to issue a School Attendance Order (SAO) as they will have collected evidence that suitable education is not being provided. Local authorities may also offer some support, or access to local charities or advice centres who can help improve the suitability of home education. Should the education not improve to a reasonable level, or if a family refuses to engage with the inspections, the local authority can and often will begin formal actions.
Formal Actions
By law local authorities shall intervene if it appears that the parents are not providing a suitable education. They can serve a notice in writing on the parent asking the parent to demonstrate that the child is receiving a suitable education and setting a specified period, in which the parent must demonstrate this. That period should not be less than 15 days from the date on which the notice was served.
If the family fail to satisfy the local authority within the notice period that they are providing the child with a suitable education, the local authority can serve a School Attendance Order (SAO) on them. The SAO can name a school that the child should attend. This is usually a last resort and should only be done when all reasonable steps have been exhausted.
The parent can provide evidence at any time to request that the order is revoked, as the SAO does not remove the right for parents to home educate their children, providing the education is suitable and that parents can evidence this.