Elective Home Education

Guidance Notes for Parents

Appendix 1: The Law Relating to Elective Home Education

The responsibility for a child's education rests with their parents. In England , education is compulsory (for children aged 5 to 16), but schooling is not.

Article 2 of Protocol 1 of the European Convention on Human Rights states that:

"No person shall be denied the right to education. In the exercise of any functions which it assumes in relation to education and to teaching, the State shall respect the right of parents to ensure such education and teaching is in conformity with their own religious and philosophical convictions."

This right is enshrined in English law. Section 7 of the Education Act 1996 provides that:

"The parent of every child of compulsory school age shall cause him to receive efficient full-time education suitable-

• to his age, ability and aptitude, and
• to any special educational needs he may have,

either by regular attendance at school or otherwise."

And Section 9 of the Education Act 1996 provides that:

"In exercising or performing all their respective powers and duties under the Education Acts the Secretary of State local education authorities and the funding authorities shall have regard to the general principle that pupils are to be educated in accordance with the wishes of their parents, so far as that is compatible with the provision of efficient instruction and training and the avoidance of unreasonable public expenditure."

Thus, where a child is educated at home the parental responsibility for children's education, coupled with the Local Education Authority's responsibility to make sure that there is adequate provision for education in their areas, brings LEAs and parents into a relationship.

Under Section 437(1) of the Education Act 1996, LEAs can intervene if they have good reason to believe that parents are not providing a suitable education. This section states that:

"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 ."

Section 437(2) of the Act provides that the period shall not be less than 15 days beginning with the day on which the notice is served.

Section 437(3) of the 1996 Act refers to the serving of School Attendance Orders:

If:

• 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
• in the opinion of the authority it is expected 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.