This guide aims to clarify the law on home education, in particular any procedures parents must comply with if they wish to home educate, in which circumstances home education is not permitted and services available for parents who select this option.
Section 7 of the Education Act 1996 places a duty on parents to ensure children of compulsory school age receive suitable education. This can take place in school or at home.
In most cases there will be no obstacles preventing a parent from withdrawing their child from a school and instigating their own home education program. A parent will simply need to submit formal notice informing the Head teacher that the child is being withdrawn from the school. Agreement or permission from the school or Local Authority is not a requirement for home education. However there are limited circumstance when notice alone is not enough as listed below.
The legislative basis for deletion from the school admission register can be found in ‘The Education (Pupil Registration) (England) Regulations 2006‘. This states the following with regard to home education: ”in a case not falling within sub-paragraph (a) of this paragraph, that he has ceased to attend the school and the proprietor has received written notification from the parent that the pupil is receiving education otherwise than at school.”
Children subject to a School Attendance order
A school attendance order is issued where a Local Authority is not satisfied with the level of education a child is receiving outside of school. These orders make school attendance compulsory consequently unless the order is revoked, the order will name a school.
Children under an Education Health Care Plan (EHCP) or Statement of Special Educational Needs (SEN)
In the event that the parent of a child a statement or plans expresses a desire to home educate the child, that parent would be obliged to inform the Local Authority. Where a child or young person is a registered pupil and the parent decides to home educate, the parent must notify the school in writing that the child or young person is receiving education otherwise than at school and the school must then remove the pupil’s name from the admission register. If the school is a special school, the local authority must give consent for the child’s name to be removed, but this should not be a lengthy or complex process.
In cases where local authorities and parents agree that home education is the right provision for a child or young person with an EHC plan, the plan should make clear that the child or young person will be educated at home. If it does then the local authority, under Section 42(2) of the Children and Families Act 2014, must arrange the special educational provision set out in the plan, working with the parents.
In cases where the EHC plan gives the name of a school or type of school where the child will be educated and the parents decide to educate at home, the local authority is not under a duty to make the special educational provision set out in the plan provided it is satisfied that the arrangements made by the parents are suitable.
Features of Home Education
Home education provides parents with room for discretion in relation to topics and format. There is no requirement to follow the national curriculum, a normal school time table or that the child registers with a regulatory body such as Ofsted.
The only legal requirement is that it must be suitable i.e. Full time, efficient and suitable to the child in question. Local authorities have a duty to identify children not registered in school and to establish what their educational arrangements (including quality of) are. They are able to conduct inspections to this effect under section 436A of The Education and Inspections Act 2006. They would expect that education provided suitable to the child’s needs and enriching. This provision does not authorise them to conduct routine checks.
If the LA finds that education those not conform to a suitable standard it:
- Can serve a notice asking the parent to demonstrate that the education is suitable. This should usually be responded to within 15 days.
- Ultimately issue a School Attendance Order
The government published guidance “Elective Home Education: Guidelines for Local Authorities” offers useful information
Financial Assistance
Parents should be informed that they must bear the costs of home education this would extend to the costs of examinations.
Parents should be encouraged to check with their Local Authority whether they can expect assistance. Such assistance would entail discounts at council run sports centres, Library access and help in organising work experience placements.
Further information and resources
Teachers may wish to encourage parents to consult the following organisations for further information:
This information is correct at the time of writing,. The law in this area is subject to change.
Coram Children’s Legal Centre cannot be held responsible if changes to the law outdate this publication. Individuals may print or photocopy information in CCLC publications for their personal use.
Professionals, organisations and institutions must obtain permission from the CCLC to print or photocopy our publications in full or in part.
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This information is correct at the time of writing,. The law in this area is subject to change.
Coram Children’s Legal Centre cannot be held responsible if changes to the law outdate this publication. Individuals may print or photocopy information in CCLC publications for their personal use.
Professionals, organisations and institutions must obtain permission from the CCLC to print or photocopy our publications in full or in part.