Responsibilities
Parental rights and responsibilities
Parents may decide to exercise their right to home educate their child from a very early age and so the child may not have been previously enrolled at school. They may also elect to home educate at any other stage up to the end of compulsory school age.
Parents are not required to register or seek approval from the local authority to educate their children at home but the LA will keep records of those who have chosen to do so and seek to be satisfied that all children are in receipt of a suitable education. Parents who choose to educate their children at home must be prepared to assume full financial responsibility, including bearing the cost of any public examinations.
Local authorities' responsibilities
We will provide written information about elective home education that is clear, accurate and sets out the legal position, roles and responsibilities of both the local authority and parents. This information is available on our website and in alternative formats on request. We recognise that there are many approaches to an educational provision, not just a "school at home" model. What is suitable for one child may not be for another, but all children should be involved in a learning process.
We have a statutory duty under section 436A of the Education Act 1996, inserted by the 3 Education and Inspections Act 2006, to make arrangements to enable us to establish the identities, so far as it is possible to do so, of children in our area who are not receiving a suitable education. The duty applies in relation to children of compulsory school age who are not on a school roll, and who are not receiving a suitable education otherwise than being at school (for example, at home, privately, or in alternative provision).
Further to this the Local Authority has a duty to enquire about a child's education if they are of compulsory school age. Enquiries be timely and effective. Therefore the LA does have a duty of oversight and this will be carried out at least annually.
However, under Section 437(1) of the Education Act 1996, we shall intervene if it appears 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. Prior to serving a notice under section 437(1), we will try to address the situation informally with parents. If we have information that makes it appear that parents are not providing a suitable education, we would ask parents for further information about the education they are providing. Such a request is not the same as a notice under section 437(1), and is not necessarily a precursor for formal procedures. Parents are under no duty to respond to such enquiries, but it would be sensible for them to do so.
Section 437(3) refers to the serving of school attendance orders:
"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."
A School Attendance Order (SAO) will only be served after reasonable steps have been taken to try to resolve the situation.
At any stage following the issue of the Order, parents may present evidence to us that they are now providing an appropriate education and apply to have the Order revoked. If we refuse to revoke the Order, parents can choose to refer the matter to the Secretary of State. If we prosecute the parents for not complying with the Order, then it will be for a court to decide whether or not the education being provided is suitable and efficient.
The court can revoke the Order if it is satisfied that the parent is fulfilling his or her duty.
It can also revoke the Order where it imposes an Education Supervision Order (ESO).
Detailed information about SAOs are contained in Ensuring Regular School Attendance paragraphs 6 to 16. Where we impose a time limit, every effort will be made to make sure that both the parents and the officer with responsibility for EHE are available throughout this period.
We also have a duty under section 175(1) of the Education Act 2002 to safeguard and promote the welfare of children.
This section states:
"A local education authority shall make arrangements for ensuring that the functions conferred upon them in their capacity as a local education authority are exercised with a view to safeguarding and promoting the welfare of children."
Section 175(1) does not extend local authorities' functions. It does not, for example, give us the powers to enter the homes of, or otherwise see, children for the purposes of monitoring the provision of elective home education.
The Children Act 2004 ("the 2004 Act") provides the legislative framework for developing children's services as detailed in Every Child Matters: Change for Children.
The background and aims of Every Child Matters can be found on its dedicated website.
Section 10 of the 2004 Act sets out a statutory framework for cooperation arrangements to be made by local authorities with a view to improving the well-being of children in their area.
Section 11 of the 2004 Act sets out the arrangements to safeguard and promote the welfare of children. However, this section does not place any additional duties or responsibilities on local authorities over and above section 175(1) of the Education Act 2002. Statutory Guidance on Making Arrangements to Safeguard and Promote the Welfare of Children under section 11 of the Children Act 2004 has been updated and published in April 2007.
As outlined above, we have general duty to make arrangements to safeguard and promote the welfare of children (section 175 Education Act 2002 in relation to their functions as a local authority and for other functions in sections 10 and 11 of the Children Act 2004).
These powers allow us to insist on seeing children in order to enquire about their welfare where there are grounds for concern (sections 17 and 47 of the Children Act 1989).
However, such powers do not bestow upon us the ability to see and question children who are EHE in order to establish whether they are receiving a suitable education.
Section 53 of the 2004 Act sets out the duty on us to, where reasonably practicable, take into account the child's wishes and feelings with regard to the provision of services. Section 53 does not extend local authorities' functions. It does not, for example, place an obligation on us to ascertain the child's wishes about elective home education as it is not a service provided by the local authority.
Section 36 of the 1989 Children Act give us the power to consider an ESO as an alternative to, or as well as any prosecution for non-compliance with an SAO. Applying for an ESO may be the proportionate response when parents are not complying with an SAO.