Schools, early years and childcare

All parents have a duty to ensure that their children receive an efficient, full-time education suitable to their age, ability and aptitude, either by regular attendance at school or otherwise under Section 7 of the Education Act 1996 (www.opsi.gov.uk/acts/acts1996/ukpga_19960056_en_1). However, the law allows parents to educate their children at home instead of sending them to school, if they fulfil certain conditions. Parents will find the following guidelines useful when considering educating their children at home.

When a parent decides to withdraw their child from school to home educate, it is important that they notify the school where the child is registered. The school will then remove the child from its register and inform the council. Although parents are not legally required to inform the council, they should do so to ensure that it is aware of the change. Additionally, it is recommended that parents also inform the council of any significant changes in their circumstances relevant to the effective education of their child, e.g. a change of address.

The council's responsibilities

The council will need to be satisfied that a child is receiving suitable education at home and will probably ask to meet the family to talk to the parents and to look at examples of work and learning. Councils have no automatic right of access to a parent’s home but parents may, if they wish, permit access to their home or offer an alternative venue for a meeting. At the initial meeting, the nature and frequency of future contact should be agreed.

Where it appears to the council that a child of compulsory school age is not receiving efficient or suitable full-time education, either by regular attendance at school or otherwise, the council is under a duty to serve a notice on the parent requiring them to satisfy it that their child is receiving suitable education otherwise than at school. If the parent’s reply is unsatisfactory or if they fail to reply, the council may issue a School Attendance Order under section 437(1) of the Education Act 1996. The council may also apply to a court for a child assessment under the Children Act 1989 (www.opsi.gov.uk/acts/acts1989/Ukpga_19890041_en_1.htm) if it has reasonable cause to do so.

Children with statements of special educational needs (SEN)

Children and young people with statements of SEN can be home educated. When a child has a statement of SEN which names a special school, the child’s name may not be the removed from the register of that school without the consent of the council.

De-registration from school

If the child is currently or has previously been educated at a maintained school and parents wish to withdraw them to home educate, it is essential that the parents inform the school in writing so that the child’s name can be removed from the register. A Unique Pupil Number (UPN) will have been allocated for the child and it is important, therefore, for the school and council to be aware of any changes in case the child returns to schooling in future.

If the child has never attended school, they will not have been allocated a UPN and although there is no statutory requirement for home educating parents to register their child with the council, they are strongly encouraged to do so where possible, as this will enable the council to carry out its duties and responsibilities in a straightforward and helpful way.

Costs of home educating

Parents are strongly encouraged to plan ahead and think carefully about the costs associated with educating children at home, especially in the longer term when they may wish to take public examinations.

There are no funds directly available from the government for parents who decide to home educate their children. Neither does the council have a legal duty to provide financial support to parents who choose to home educate their children.

The internal assessment component of many standard qualification courses such as Standard Grades, National Qualifications and GCSEs can restrict the choice available to home educated students. On the other hand, the examining board Edexcel made its International GCSEs (with a coursework-free option) available to home educated children from Summer 2004 and there may be other options available through the local Connexions service and local colleges.

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