Consultation on DfES guidelines for LEA's on Home education

Para. Number	DfES advice	Comments
1.1	GUIDELINES FOR LOCAL EDUCATION AUTHORITIES ON ELECTIVE HOME EDUCATION Part 1 Introduction Elective home education is where parents or guardians decide to provide education for their children at home instead of sending them to school. It is not home tuition provided by a local education authority or where a local education authority provides education otherwise than at a school.	We would prefer the term “based in the home” to “at home”. LEA personnel, especially those new to the field expect to find education to take place in the home and it can lead to difficulties when they encounter families where this is not the case.  It seemed to us that the document should start with a short statement of who has the responsibility to ensure education, parents and then to amalgamate and shorten the following paragraphs.
1.2	Home-educated children are those who, for a range of reasons, are being educated at home and in the community by parents, guardians, carers or tutors, and are not registered full time at mainstream schools, special schools, Pupil Referral Units (PRUs), colleges, children's homes with education facilities or education facilities provided by independent fostering agencies.	Although we have amalgamated this paragraph with another, if it remains, we would prefer the paragraph to begin “electively home educated children are….” “full-time” is not necessary as, if a child is registered at all, they are not electively home educated – they are full time pupils or flexi schooled pupils. Either way legislation applies to the child as a "pupil". Legally the child is not electively home educated. It is simpler and more efficient only to state that home-educated children are those who are being educated at home and in the community and are not registered at a school or other LEA institution. This sticks more closely to section 7 of the Education Act1996.
1.3	The purpose of these guidelines is to encourage local education authorities (LEAs) and home educating parents to work together to develop trust, mutual respect and a positive relationship that functions in the best educational interests of the child. The guidelines recognise that elective home education is a key aspect of parental choice and therefore aims to encourage good practice in relationships between LEAs and home educators by clearly setting out the legislative position, and by providing advice on the roles and responsibilities of LEAs and parents in relation to children who are educated at home.	We are concerned about the use of the term good practice as it could be used by the LEA to institute ultra vires actions. Good practice should be limited to those authorised by legislation and case law. Guidelines to LEAs are not for the guidance of parents or for encouraging parents to develop a relationship. Parents have no obligation to be in a ‘relationship’ with LEAs and this part should be deleted as outside the remit of government advice to their departments. We have therefore re-drafted this paragraph.
1.4	Reasons for Elective Home Education Parents may opt for home education for various reasons. The reasons should not, in themselves, have a bearing on the LEA's treatment of home-educating families since the LEA's primary interest lies in how well the parents are providing education for their children at home and not their reason for doing so. The following reasons for home-educating are common but by no means exhaustive: " Distance or access to a local school " Religious or cultural beliefs " Philosophical or ideological views " Dissatisfaction with the system " As a short term intervention for a particular reason " A child's unwillingness or inability to go to school	Home educators do not need to give any reasons for wishing to home educate. We feel uncomfortable about the phrase “how well the parents are providing education”. It gives an impression of a much more invasive duty than the law allows for. The question should remain to be whether they are fulfilling their section 7 duties. The wording currently leaves it open to poor interpretation. If the reasons have no bearing on the LEA’s considerations why is it helpful to give examples of reasons?  They should be omitted. We have accordingly re-worded it.
1.5	When a parent offers an account of their dissatisfaction with the public system of education provision, the education authority may wish to use this information as part of its ongoing supervision of specific problems in certain areas.	It is not clear what or who is to be so supervised. It should be made more clear that supervision here does not refer to home educators by substituting “internal review” for “supervision”
2.1	Part 2 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.
2.2	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- (a) to his age, ability and aptitude, and (b) 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.	This paragraph seems to indicate that the enshrinement of Art 2 Protocol 1 is in s7 Education Act 1996, which is not technically correct. We have therefore separated the references to these provisions.  S7 should come first as it is the principal provision regarding the duty to educate. Art 2 Protocol 1 is incorporated into our law by the Human Rights Act 1998 and secures the human right of parents to determine their educational philosophy and thereby define what it is they wish to achieve by home educating their child and the parent’s philosophy of education identifies what that might be as distinct from the views and models adopted by the LEA. This is an important, perhaps even a key concept to home education that must be understood clearly by LEA's in their dealings with home educators Section 9 of the Education Act 1996 does not apply to home educated children who are not “pupils”. s.3 Education Act 1996 defines pupils ‘In this Act "pupil" means a person for whom education is being provided at a school,’  s9 thus refers only to parental rights applicable to children registered as pupils and therefore should be removed from the document.
2.3 2.3 con-tinued	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 (as discussed in Part 4 of these guidelines).	This paragraph follows on and draws its conclusion from the erroneous inclusion of the reference to s9 Education Act. The LEA's responsibility to ensure there is adequate provision in their area relates exclusively to the provision of school places for enrolled children. It does not relate to home educated children. The legal premise behind this paragraph is erroneous. LEA's only have a responsibility to make inquires where there is cause for them to believe that no education is taking place. There is no duty placed upon an LEA to make any contact with the family if they are told that that a child is being home educated unless they have reason to believe that the family are either unable or unwilling to meet their section 7 duties. The idea that we have a relationship with the LEA seems to suggest that there is some form of parity of responsibility. There is not. Parents are solely responsible for providing an education for their children in all circumstances. That is the meaning of section 7. The LEA's responsibility relative to home education is to make inquires where there is some reason for believing that no provision is being made.  This derives from s437 Education Act.
2.4	Parental rights and responsibilities Parents may decide to exercise their right to home-educate their child from birth and so the child does not therefore need to be enrolled at school. However, as noted above, this right requires the parents to provide an efficient education suitable to the age, ability and aptitude of the child and home educating may offer distinctive benefits for some children and young people. An "efficient" and "suitable" education is not defined in the Education Act 1996 but "efficient" has been broadly described as an education that "achieves that which it sets out to achieve", and a "suitable" education is one that "primarily equips a child for life within the community of which he is a member, rather than the way of life in the country as a whole, as long as it does not foreclose the child's options in later years to adopt some other form of life if he wishes to do so" . It is therefore recognised that there are many approaches to educational provision and what is suitable for one child may not be for another.	This could cause confusion – it may be interpreted that parents who have decided to HE from birth, must provide a suitable education right from birth whereas of course it is only during "compulsory school age" The right referred to is one with which all parents, whether they send their children to school or home educate them have to comply with Using this paragraph LEAs could routinely doubt home-education provision on the basis merely of prejudice. The law gives equal status to educational choices by saying a child must be educated either by regular attendance at school or otherwise. This paragraph implies that home education may not be suitable for some children leading some LEA's to perhaps argue that home educational provision could never be suitable for a particular child. This would not be a legally defensible position.
2.5	LEAs' responsibilities: Where LEAs are aware of home-educated children within their area, we would encourage them, as many do, to provide information for the parents or guardians who have chosen to home-educate (see paragraphs 4.5-4.6). LEAs will also wish to make it clear to parents that if they choose to home-educate, they assume financial responsibility for their child's education, including the cost of public examinations, and that the child must continue to receive suitable education until the end of 'compulsory education' (i.e. the last Friday in June in the academic year in which they reach age 16).	While there is no obligation placed upon LEA's to provide financial assistance to home educators they are still free to do so should they decide to. There is no duty placed upon an LEA to automatically make inquiries of a family who state that they are home educating a child unless they have reason to believe that their provision is unsuitable. LEAs should inform all parents about all of their education options before their child reaches “school age”. DfES guidelines on truancy states that this should be happening. We have reworded the paragraph in a way we believe is more felicitous.
2.6	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.	This paragraph might be interpreted as meaning that LEA's should issue an SAO early in the process. The courts have ruled that informal inquires should first be made and that though there is no legal obligation for a home educating family to cooperate with such an inquiry they would be wise to do so. We recognise that para 2.8 points recognises that an SAO is a last resort but it should also be stated that there are legal rulings regarding this issue. It is our view that this merits a fuller treatment and explanation and so we have provided it at our paragraphs 3.25 – 3.49.  This is a most contentious area and some clear, legally correct guidance to LEAs is needed.
2.7	Section 437(3) of the 1996 Act 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.	We have moved reference to this as set out above.
2.8	The Department sees the taking of the above measures as a last resort after all reasonable avenues have been explored to bring about a resolution of the situation. At any stage following the issue of the Order, parents may present evidence to the LEA (or the court) that they are now providing an appropriate education and apply to have the Order revoked.	We have moved reference to this as set out above.
2.9	LEAs 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. This will require a multi-agency approach by ensuring that all agencies working with children, young people and families are aware of the LEA duty to ensure every child of compulsory school age is receiving a suitable education. However, Section 175(1) does not extend LEAs' functions themselves, only that in the course of the functions conferred upon them should consideration be given to safeguarding and promoting children's welfare. Section 175(1) does not, for example, give LEAs powers to enter the homes of, or otherwise see, children undertaking elective home education.	We are concerned about the nature of this paragraph. We would like clarification as to what is meant by the phrase "This will require a multi-agency approach by ensuring that all agencies working with children, young people and families are aware of the LEA duty to ensure every child of compulsory school age is receiving a suitable education." The LEA has no such duty.  The duty solely belongs to parents as set out in s7.  The LEAs only powers and duties lie in the operation of s437 where there is only a duty to act where the LEA have grounds for believing that a child of compulsory educational age is not receiving an education suitable to their age ability and aptitude etc There is equally no duty upon other agencies to ensure that education takes place. This phrase employed by the DfES guidelines appears to empower an LEA to automatically refer a home educating family to social services on the grounds that the family home educate only.  Some LEAs already abuse their powers in this way in order to bring pressure to bear on home educating families, who cannot be reproached on educational grounds, to send their children to school. The sentence needs to be omitted.
3.1	Part 3 Clear policies and procedures All parties involved in home education should be aware of their roles, rights and responsibilities and be clear about the standards expected of them. Policies should be clear, transparent and easily accessible.	It should also be stated that they are fair and legally supportable, that is they do not make ultra vires demands upon families. LEA’s should also be aware that OFSTED have indicated that they require that LEA’s consult with home educators when arriving at policies.
3.2	The Department recommends that each LEA should have a named senior officer with responsibility for the provision of education for children and young people who are unable to attend school because of medical needs (see DfEE circular 0732/2001 Access to Education for Children with Medical Needs). Either the same officer or another who has responsibility for "education otherwise than at school" should have a role to play in the field of elective home education.	We don’t really understand why the DfES would want to recommend those specific staff for responsibilities re EHE Education otherwise than at school which is provided by the LEA should not be confused with elective home education which is the responsibility of the parent/s.
3.3	We also recommend that each LEA should have a written policy statement on home-educated children and their families, and be willing and able to provide guidance for parents and carers who request it. In addition, LEAs should organise training on the law and home education methods for all their Education Officers who have contact with home-educating families in their area.	OFSTED guidelines go further by saying that such local guidelines should be arrived at in consultation with local home educators. The second sentence starts “in addition”, whereas it should say “to that end” because without the understanding of law and methods, guidance, as recommended in the first sentence, is impossible.
3.4	De-registration from School First contact between LEAs and home educators often occurs when parents decide to home educate and approach the school (at which the child is registered) and/or the authority to seek guidance about withdrawing their child from school. It is important that this initial contact is constructive and positive. However, while parents must inform the school in writing of their decision, they are not legally required to inform the LEA about their intention to home educate unless they wish to remove a child from a special school (see section 3.22 onwards).	We don't believe that when parents decide to home Educate a registered child "they often seek guidance from the school/LEA about withdrawal" – the initial contact often occurs when the parent lets the school know they are withdrawing the child and the school may see this as “seeking guidance” because they often erroneously believe it is at their discretion. It is usually the school and LEA that need clearer advice on deregistration.
3.5	De-registration of a child from a school is covered by section 9(1)(c) of the Education (Pupil Registration) Regulations 1995. Parents who wish to home-educate their child who is registered at a maintained school or an independent school must inform the school formally and in writing of their intention to de-register. The school shall delete the child's name from their register upon receipt of written notification from the parents, guardians or legal carer, and make a return (giving the child's name and address) to the LEA within 10 school days of removal. Parents might be encouraged to inform the LEA, however, to enable the LEA to check that the child's name has actually been removed from the school register	This should read “regulation” not “section 9(1)(c). The paragraph is not drafted closely enough to the wording of reg 9(1)(c) and needs tightening up. It is better to use the words “must immediately” rather than “shall” which could be misconstrued as a future tense. The reluctance and failure of schools to deregister children is a substantial problem, even where it is pointed out that to fail to do so is an offence contrary to s434 Education Act 1996. It is not the job of Home educators to ensure that schools inform the LEA of a withdrawal. Home educators have performed their duty when they inform the school. It should be left at that. The DfES could instead say that they recommend that schools send letters of confirmation of de-registration to parents and to include in their policies that parents might expect one. Fuller information needs to be given as to the body to whom the letter must be sent , their need to act upon it and the effect legally of the letter.
	3.6 - 3.7 [spare]
3.8	Withdrawing the child Any procedures for dealing with home-educating parents and children should be fair, clear, consistent and timely, in order to provide a good foundation for the development of trusting relationships. The LEA will wish to follow its own policies and procedures in this regard but the following suggestions may be helpful.	This section should be amalgamated with the section on deregistering which it duplicates. They should also be in accordance with the law and not make ultra vires demands upon families. Schools and LEA’s may not for example add conditions for deregistration such as requiring them to fill in forms or to require permissions or pre deregistration inspections.
3.9	Where the child is enrolled at a school, parents have a responsibility to inform that school in writing that they are withdrawing their child in order to educate them at home. Although parents are not legally obliged to notify the LEA of their intentions, it is recommended that they do so as early as possible, in order to avoid unsettling the child unnecessarily and to ensure that support and advice can be offered as required or as requested. However, authorities should bear in mind that, in these early stages, parents' proposals may not be detailed and they may not yet be in a position to demonstrate all the characteristics of an "efficient and suitable" educational provision (see 3.12 onwards). If this is the case, a reasonable timescale should be agreed for the parents/carers to submit their proposals.	This paragraph largely repeats the previous two. Much of it could be deleted. It is unclear to us why not informing the LEA might unsettle the child. Again informing the LEA is the duty of the school not the family. We would like this to be removed By using the phrase "proposals" it looks like the family may be denied the right to home educate. The term "proposal" implies a future activity that is not yet being undertaken and which may be turned down. None of which is true. We would like the term "proposal" to be either removed from the document or clarified. Also case law has established the legal right for home educators to have a settling in period prior to the LEA informally requesting information regarding a family’s provision. This should be mentioned at this point. LEA's only have a responsibility to make inquires where there is cause for them to believe that no education is taking place. So there is no duty placed upon an LEA to make any contact with the family if they are told that that a child is being home educated unless they have reason to believe that the family are either unable or unwilling to meet their section 7 duties. It may be that this paragraph has drawn on the Scottish Guidance which had to deal with a different position where parents with children at school have to seek permission to withdraw them to home educate and  thus timescales and proposals are involved. This paragraph should be omitted.
3.10	Where parents have notified the LEA or the LEA is otherwise made aware of a child's withdrawal from school with the intention of being home educated, the LEA should acknowledge the receipt of this notification and consider quickly whether there is any existing evidence, either in an authority's own records or from other services or agencies, indicating whether there may be cause for concern over the withdrawal. Previous irregular attendance at school is not of itself a sufficient cause for concern. In many cases, parents and their children have reached a crisis point, for example, with bullying, so advice should be sought from education welfare services where there is any doubt. Specific instances where they may be concerns include: " where a child has been referred to social services or the police for child protection reasons, and the matter is being investigated " where a child is on the child protection register " where the child is the subject of a supervision order " where, probably in a minority of cases, there is a history of condoned absence, unmanaged truancy or other on-going, low level concerns that may lead to child protection procedures. Otherwise, the LEA should assume that efficient educational provision is taking place, which is suitable for the child, unless there is evidence to the contrary. There is no express requirement in the 1996 Act for LEAs to investigate actively whether parents are complying with their duties under Section 7.	This paragraph seems to contradict itself. It begins by saying that truancy itself is not sufficient cause and then says that it is. We are concerned about the inclusion of "low level concerns". This could be used as a criteria for unjustified referral's. We believe that any situation could be used to justify a "low level concern". We do not accept that a low level concern should justify a referral since it is "low level". In particular the fourth bullet point is unacceptable. Condoned absence and unmanaged truancy may well have been a child’s only safe or bearable option for a child suffering school refusal. By saying that the LEA has to cross reference with all other agencies, the name of all home educated children who come to their notice implies that a withdrawal of a child to home educate should be viewed as suspicious. We regard this as a hostile and unjustified position. In the light of the last paragraph of this section how does the DfES justify paragraph 3.4 where there is a discussion about contact between the family and the LEA. It seems that in many cases no contact is necessary. This should be stated in 2.5 (LEA’s responsibilities) before the section describing how to proceed in cases where there is good reason to believe that parents are not providing a suitable education. Again this seems to be based upon the Scottish Guidelines where prior permission has to be given and  the considerations referred to in this paragraph are not applicable in England. Specifically the concerns expressed are repeated in the Child Welfare section and should not be repeated here over-emphasising their impact.  Withdrawal to home educate is not and should not be a reason to invoke child protection concerns. This paragraph is better placed in the section referring to contact with the LEA and an assessment of home education.
3.11	On the other hand, if information exists which may cast doubt on whether an "efficient and suitable education" can be provided, the LEA should seek to gather any relevant information that will assist them in reaching a properly informed judgement. This should include seeking from the parents any further information that they wish to provide explaining how they intend to provide a suitable education for their child(ren) and the parents should be given the opportunity to address any specific concerns that the authority has. The child should also be given the opportunity, but not required, to attend any meeting that may be arranged or express his or her views in some other way.	This again seems to refer to the position in Scotland as it refers to withdrawing a child from school.  It may have a place in the consideration of the position of all home educators but it cannot in England specifically apply to deregistering a child. It better finds a place elsewhere in the guidelines. It should be clearly stated that whether or not the child attends any meeting is a decision for the family to make.
3.12	Providing an "efficient and suitable" full-time education Parents are required to provide an efficient education suitable to the age, ability and aptitude of the child. An "efficient" and "suitable" education is not defined in the Education Act 1996 but "efficient" has been broadly described as an education that "achieves that which it sets out to achieve", and a "suitable" education is one that "primarily equips a child for life within the community of which he is a member, rather than the way of life in the country as a whole, as long as it does not foreclose the child's options in later years to adopt some other form of life if he wishes to do so" . This will require home educators to have some kind of philosophy, approach or framework for the education of their child(ren).	This paragraph is also repeated in earlier sections. While home education support groups advocate that families articulate their philosophy or approach there is no legal obligation to do so and LEA's should draw no particular conclusions about a families inability or reluctance to share their approach with them. There can be no requirement to have a philosophy which is what this paragraph suggests.  It is better dealt with in a more general way elsewhere, as we have drafted. While most parents do have a more or less clear idea as to why and how they intend to home educate many are unable to clearly articulate this. Research to be published this summer ("the face of home education in the UK" by Mike Fortune-Wood, Educational heretics press may 2005) clearly shows that for many parents their philosophical approach is very simple, sometimes amounting to a simple statement such as they "will follow the child's interests".
3.13	There is no legal definition of "full-time". Children in school normally spend between 22 and 25 hours working at school each week. This measurement of 'contact time' is not relevant to home education where there is often almost continuous one-to-one contact and where education takes place outside 'normal school hours'. Nevertheless, the type of educational activity can be varied and flexible. It should be borne in mind that home-educating parents are not required to: " teach the National Curriculum " have a timetable " have premises equipped to any particular standard " mark work done by their child " set hours during which education will take place " have premises equipped to any particular standard " have any specific qualifications " cover the same syllabus as any school " make detailed plans in advance " observe school hours, days or terms " give formal lessons " reproduce school type peer group socialisation " match school, age-specific standards. However, LEAs should offer advice and support to parents on these matters if requested.	The suggestion that the LEA should offer advice on a bulleted list of things not required of them might be seen as an insinuation that they hold some relevance as base line. It is perhaps the “however” that presents it in this manner. While we are happy to see a list of things that some LEA’s might have erroneously supposed applied to home educators we would like the last paragraph removed. It should not in any event be necessary to again reinforce the message that LEA’s should be willing to offer advice and support should they be asked for it. The list could be more logically ordered.
3.14	An important point to note is that there are many, equally valid, approaches to educational provision. LEA’s should therefore consider a wide range of information from home educating parents. The way in which parents provide information is entirely up to them. The information may be in the form of specific examples of learning e.g. pictures/paintings/models, diaries of work, projects, assessments, samples of work, books, educational visits etc. Some home education consultants have been privileged to hear children read their own poetry, listen to musical instruments being played and even be an audience for a play.	While we welcome the earlier statement: "The way in which parents provide information is entirely up to them." This paragraph goes on to give several examples all of which include children's work. This should be altered to include examples of parental reports. Or even reports from others, including for example friends, tutors, etc. "Some Ed consultants have been privileged...” Is patronizing and puts undue weight on that method of providing “evidence”. We would like it removed from the document. In view of our expanded section on s437 we have moved this to be incorporated into it.
3.15	Thus, in their consideration of parents' provision of education at home, LEAs may reasonably expect the provision to include the following characteristics: " consistent involvement of parents or other significant carers - it is expected that parents or significant carers would play a substantial role, although not necessarily constantly or actively involved in providing education " presence of a philosophy or ethos (not necessarily a recognised philosophy) - it is anticipated that the parents have thought through their reasons for home educating " showing signs of commitment and enthusiasm, and recognition of the child's needs, attitudes and aspirations " opportunities for the child to be stimulated by their learning experiences " involvement in activities - a broad spectrum of activities to cater for wide varieties of interests appropriate to the child's stage of development " access to resources/materials required to meet the objectives of the parents - such as paper and pens, books and libraries, arts and crafts materials, physical activity, ICT and the opportunity for appropriate interaction with other children and other adults.	The latter part of this paragraph appears to us to be a way of introducing the idea of ‘a broad and balanced curriculum’, a concept which only applies to schools and is not a duty placed upon home educating families. Any attempt at an assessment should first identify what it is that parents are intending to achieve .  Art 2 Protocol 1 establishes the parents’ right to determine this. The last item attempts to prescribe a curriculum and is inappropriate to be included.  Parents are free to determine the education that their children receive having to satisfy only s7 Education Act.  If you state as you do that no curriculum or syllabus can be prescribed then there should be no reference to particular materials that tend to imply “subjects” that need to be included in a curriculum. This appears to be saying that if the child does not (for example) do craft activities it may be grounds for saying the education is unsuitable, which negates the parental right to largely determine what is taught and how it is taught. For example many parents follow an autonomous pedagogy where if a child has no interest in an area of study then it will not be pursued. By trying to establish a check list the DfES effectively prescribe the form of education parents can offer in contradiction of article 8 of the human rights act. This section needs to be moved into the more detailed consideration of s437
3.16	If, on considering the educational provision, one or more of the above characteristics appear to be lacking, LEAs may choose to further investigate whether or not an efficient and suitable education is, in fact, being provided. We recommend that a full written report on the findings should be made and copied to the parents promptly, specifying the grounds for concern and any reasons for concluding that provision is unsuitable. If the authority is not satisfied that efficient education is being provided, and the parents, having been given a reasonable opportunity to improve their provision and report back to the education authority, have not done so, the authority should consider instituting formal attendance procedures in accordance with the provisions of Section 437 of the Education Act 1996.	This section needs to be moved into the more detailed consideration of s437
3.17	Access to the home Parents are not legally required to give the LEA access to their home. They may, for example, choose to meet a LEA representative at a mutually convenient and neutral location instead, or may choose not to meet at all. If the LEA chooses to approach a family and ask for information, parents can provide evidence that a child is receiving an efficient and suitable education in a number of ways. It should be in any form sufficient enough to convince a reasonable person of its appropriateness for the child's age, aptitude and ability. Parents might, for example: " write a report " provide samples of work " invite a LEA advisor/consultant to their home, with or without the child being present " meet a LEA advisor/consultant elsewhere, with or without the child " have the educational provision endorsed by a recognized third party " provide evidence in any other appropriate form.	There is confusion in the guidelines as to the meaning of s437.  In the first sifting stage there is no requirement to produce evidence capable of satisfying the LEA – see our separate article on this and our re-working of the relevant sections of the guidelines. In incorporating it, changes need to be made, however, as you have only given part of the legal criteria for proof in such a case and you have substituted 'appropriateness' for 'suitable' as it is in the 1996 act, therefore it should read, if at all: "sufficient enough to convince a reasonable person on the balance of probability of its suitability for the child's age, aptitude and ability and any special needs" It should also be stated that any form of evidence acceptable to the courts should be acceptable to the LEA since ultimately it is in the courts that families would have to prove their case should the LEA issue an SAO.
3.18	The frequency with which an authority will wish to contact parents to discuss their ongoing home education provision will vary depending on the individual circumstances of each family. It is for the LEA to decide how often to make contact with a family. However, it is recommended that the authority should ordinarily make contact on an annual basis. Contact should normally be made by writing to the family to request an updated report or, if thought necessary, to seek a meeting. A written report should be made after such contact and copied to the family stating whether the education authority has any concerns about the education provision. Where there are concerns about the efficiency or suitability of the education being provided for the child, more frequent contact may be required. Where concerns merit frequent contact, the authority should discuss these concerns with the child's parents, with a view to helping them improve their provision in the best interests of the child.	Since as you correctly acknowledge above that there is no duty to investigate a family unless there are grounds for considering that a family is not providing an education why do you here propose that there should be ongoing investigations? Investigations should only recur when there are grounds for believing that the education a family is offering their child(ren) is unsuitable.( S437 1996 education act). Your guidance is self contradictory and inconsistent. I would suggest that this whole paragraph is omitted up to: “where there are concerns…” from where some editing would be necessary.
3.19	School Attendance Orders Where there is conflicting evidence as to the home-educating characteristics noted in paragraph 3.15 above, the only way the LEA can reasonably clarify these contradictions may be to seek access to the home environment. However, the authority must have demonstrable grounds for concern and must outline those grounds to the parents when requesting access to their home. If the parents refuse to allow access to their home, the authority might reasonably conclude in these circumstances that they have insufficient information to satisfy themselves as to the efficiency and suitability of the parents' education provision, and consequently serve a School Attendance Order (SAO) on the parents under Section 437(3) of the Education Act 1996.	Case law identifies that only in exceptional circumstances may an LEA expect to be able to gain access to a home, the only authority that supports it (ex parte Tweedie) was an extreme case.  This paragraph appears to try to generalise from that in a completely insupportable way. It does not explain what the “contradictions” are and how seeking access to a home might resolve them.  Home based education does not have to take place only in the home and it might not take place there at all (in the formal sense that LEAs too often seek). It also appears to suggest that a refusal to allow access is a sufficient ground for the issuing of an SAO where elsewhere the guidelines are at pains to say that this must be a last resort. LEAs will use this paragraph to force home educators to allow access or to issue unnecessary SAOs. DfES policy up to now has been unequivocally that there is no right to enter a home, why is this changing?
3.20	A SAO continues to be in force for as long as the child is of compulsory school age. If there is a continued failure to register the child, the LEA has the option of referring to Social Services for consideration of care proceedings. In exceptional circumstances, the case may be taken to the Family Proceedings Court instead of the Magistrates Court where an application can be made for an Education Supervision Order (ESO - under Section 36(5)a of the Children Act 1989). Where an ESO is in force with respect to a child, the duties of the child's parents under section 7 and 444 of the Education Act 1996 (duties to secure education of children and to secure regular attendance of registered pupils) are superseded by their duty to comply with any directions in force under the ESO.	If the parent fails to comply with the terms of the SAO in this or any other way, then the next and only legitimate step available to the LEA is to take them to court for breach of the order, where they may defend by demonstrating the provision of efficient and suitable education to the court.  This should be mentioned and not care proceedings.  This will provide comfort to those LEAs who resort to social services when they are unable to fault educational provision. To invoke care proceedings at this point is to completely side step the enforcement provisions prescribed in the very statute that provides for the making of SAOs, and is completely spurious. Neglect of education is not of itself a child welfare issue, it is an educational issue. This step is contrary to the intention of the Children Act 1989 which removed the educational ground from the grounds upon which care orders might be sought.  There has to be more than an educational reason to seek a care order.  The 1989 Act provided a replacement mechanism, the ESO (which is applied for under s36 CA 1989 and not s36(5)a. The reference to s444 is also in error as it does not apply to home educated children, the document it is taken from (at www.dfes.gov.uk/schoolattendance/prosecutions ) is at the point it is mentioned referring to parents who have children registered at a school.
3.21	However, parents' wishes to educate their children at home should be respected and, wherever possible, efforts should be made to resolve issues about provision by a process of ongoing dialogue before Section 437(3) is invoked as a last resort. Only in extreme cases, where the education is clearly not efficient and suited to the age, ability and aptitude of the child, should a SAO be served (see paragraph 2.6 to 2.8 above). More information about School Attendance Orders is contained in Ensuring Regular School Attendance paragraphs 6 to 16 - (available at www.dfes.gov.uk/schoolattendance/prosecutions/index.cfm ).
3.22	Children with Special Educational Needs Parents' right to educate their child(ren) at home applies equally where a child has special educational needs (SEN) (see Section 319 of the Education Act 1996). Some children with special educational needs are statemented but others are not.	This section needs to be referred to earlier in the guidelines and requires considerable redrafting. It mirrors s19 provision for those with SEN. S319 has no application to home education or indeed to parents, it permits LEAs to make arrangements “otherwise than at school” for the education of pupils for whom they are responsible. The affirmation of the right of parents to home educate children with SEN is found in s7. “are statemented” is an unfortunate term and should read “have a statement of special educational needs”
3.23	Where a child has a statement of special educational needs and is home-educated, it remains the LEA's duty to ensure that the child's needs are met. The statement must remain in force and the LEA must ensure that parents can make suitable provision, including provision for the child's SEN.	But the parents do not have to fulfil the provision as stated in the statement. Statements refer only to obligations placed upon the LEA not the family.  Case law establishes that any provision in the statement which purports to place an obligation on parents is null and void. The LEA can only have any responsibility for a HE SEN child, if the parents do not make suitable arrangements.  This on a proper construction can only mean that they fail to discharge their s7 duty This should be clearly stated in the guidance which tends to support the erroneous view that the statement of special educational needs is enforceable against the parents who home educate The LEA can properly cease to maintain the statement if it is no longer necessary as set out in the SEN Code.
3.24	If the parents' arrangements are suitable, the LEA is relieved of its duty to arrange the provision specified in the statement. If, however, the parents' attempt to educate the child at home results in provision that falls short of meeting the child's needs, then the parents are not making 'suitable arrangements' and the LEA could not conclude that they were absolved of their responsibility to arrange the provision in the statement.	This could cause lots of unnecessary problems if the LEA saw following statement as the only way of providing a suitable education. Parents are not obliged in law to provide an education in line with the provisions mentioned in a statement as statements only oblige LEA’s to provide what it is they identify as suitable provision. The parents’ attempt” is an unfortunate but revealing slip. Is this paragraph indicating that, if the child is home educated the LEA would have to make the provision in the statement but at the child’s home?
3.25	Even if the LEA is satisfied, it remains under a duty to maintain the statement and review it annually, following procedures set out in Chapter 9 of the SEN Code of Practice. Where the LEA is satisfied that the child's parents have made suitable arrangements it does not have to name a school in part 4 of the child's statement though it should state the type of school it considers appropriate and go on to state that "parents have made their own arrangements under section 7 of the Education Act 1996".	There is no statutory requirement for the LEA to be “satisfied” that the parent has made suitable arrangements” and none should be imported into these guidelines. The parent does not have to make the special educational provision set out in the statement despite the wording of s324(4A) as Baroness Ashton of Upholland (govt minister in the House of Lords) made clear in her speech on 29th October 2001 when introducing the amended section.
3.26	The statement can also specify any provision that the LEA has agreed to make under section 319 to help parents to provide suitable education for their child at home. If the child to be de-registered is a pupil at a special school, the school must inform the LEA before the child's name can be deleted from the school roll and the LEA will need to consider whether the home education is suitable before amending part 4 of the child's statement.	Parents of non SEN children do not have to obtain consent to deregister before they can home-educate.  Parents of SEN children who have a statement do not have to obtain consent to deregister if they are pupils at a mainstream school.  It would therefore be discriminatory to refuse consent to a child with a statement simply because she is registered at a special school, (especially when she may be there as a result originally of the exercise of parental preference).
3.27	A parent who is educating their child at home may ask the LEA to carry out a statutory assessment of their child's special educational needs and the LEA must consider the request within the same statutory timescales and in the same way as for all other requests. The views of the designated medical officer for SEN should be sought by the LEA where a child with a statement is educated at home because of difficulties related to health needs or a disability. Relevant references in the 1996 Education Act: Section 324 (4) of the Education Act 1996 "the statement [of special educational needs] shall specify any provision for the child for which they make arrangements under section 319 and which they consider should be specified in the statement." Section 324(4A) of the Education Act 1996 "does not require the name of a school or institution to be specified [in a child's statement] if the child's parent has made suitable arrangements" Section 324(5)(a) of the Education Act 1996 "Where a local education authority maintain a statement then, unless the child's parent has made suitable arrangements, the authority (i) shall arrange that the special educational provision specified in the statement is made for the child, and (ii) may arrange that any non-educational provision specified in the statement is made for him in such a manner as they consider appropriate."	The legislation quoted is not relevant to an assessment of home education provision for SEN children.  The statement is not addressed to the parents and has no application to them.  The only legislation that affects them is that which affects all home educators, namely s7 and ss437-443 Education Act 1996. The sections quoted will mislead LEAs into the belief that the statement has to be considered and they should therefore be omitted.
	Part 4 Developing relationships 4.1 As noted in the Introduction to these guidelines, the central aim of this document is to assist local education authorities and home educators to build effective relationships that function to safeguard the educational interests of children and young people; relationships that are rooted in mutual understanding, trust and respect. The guidelines outline a number of recommendations that are geared towards the promotion of such relationships.	Section 7 of the 1996 Act clearly identifies that parents are responsible for ensuring that their children are properly educated either at school or otherwise in the home. LEA's should not be encouraged to believe that it is in anyway their remit. The only duty of the LEA with respect to home educators lies in section 437 of the 1996 Education Act
4.2	Whilst there is no current legal obligation on education authorities or home educators to develop such relationships, doing so will often provide parents with access to any support that is available and allow authorities to better understand parents' educational provision and preferences. A positive relationship will also provide a sound basis if the authority is required to investigate assertions from any source that an efficient and suitable education is not being provided. This will be true whether or not parents are required to demonstrate that suitable home-education provision is being made available.	This reads like advice to parents and not the LEA. It should read: “there is no legal obligation on education authorities or home educators to develop such relationships. LEA’s should foster positive relationships with home educating families so as to facilitate their duty to investigate families where they have reason to believe that provision may be unsuitable. LEA’s may encourage home educators to do so by providing support and advice.”
4.3	Acknowledging diversity Parents' educational provision will reflect a diversity of approaches and interests. Some parents, especially those who have other children attending school, may wish to provide education in a formal and structured manner, following a traditional curriculum and using a fixed timetable that keeps to school hours and terms. Other parents may decide to make more informal provision that is responsive to the developing interests of their child. One approach is not necessarily any more efficient or effective than another. Although some parents may welcome general advice and suggestions about resources, methods and materials, LEAs should not specify a curriculum which parents must follow.	You might also add that those responsible for working with home educating families in LEA’s should undertake training that includes training on the diversity of provision that they may encounter with families. We would suggest that the examples offered here are not grounded in research and does not represent the nature of the diversity of home education found in practice. However the general thrust that “One approach is not necessarily any more efficient or effective than another” and that “LEAs should not specify a curriculum which parents must follow.” is acceptable.
4.4	Children learn in different ways and at different times and speeds. It should be appreciated that parents and their children might require a period of adjustment before finding their preferred mode of learning. Parents are not required to have any qualifications or training to provide their children with an appropriate education. Their commitment to providing an efficient education that is suitable for their child may be demonstrated by them providing some indication of their objectives and resources (see paragraphs 3.12 to 3.15).	As pointed out above a ‘running in’ period is important for home educators and LEA’s as it will ensure that LEA’s obtain accurate and meaningful information from the family.
4.5	Providing information for parents The provision of clear information has an important role to play in the promotion of positive relationships. LEAs should provide written information and website links for home-educating parents that is clear and accurate and which sets out the legal position, and roles and responsibilities, in an unambiguous way. We also recommend that contact details for home education support organisations should be provided. A selection of these is included in Part 5. All written information should be made available to parents in community languages and alternative formats on request.	It should be stated here that such information and the policies that underpin them, should be arrived at in consultation with the home education community in line with OFSTED guidelines.
4.6	As noted as paragraph 3.2 we recommend that LEAs should, if the parents wish, provide parents who are, or who are considering, home-educating with a named contact within the authority who is familiar with home education policy and practice and has an understanding of a range of educational philosophies. The authority may invite the parents to meet with a named education authority officer to discuss their provision. Any such meeting should take place at a mutually acceptable location and the child concerned should also be given the opportunity to attend that meeting, or otherwise to express his or her views. Either during such a meeting, or otherwise, the parents and the authority should consider and agree what future contact there will be between them.	LEA's should recognise how stressful such meetings can be for some families especially those who have already experienced trauma prior to the deregistration of their child. Therefore it should also be recognised that home educators may wish to bring along a friend or other experienced home educator for support. “The authority may invite…” DfES should make it clear that the invitation can be declined without prejudice. Any decision for the child to attend any such meeting is that of the parents and not the LEA. Again this appears to be advocating that regular contact or assessment is necessary despite agreeing above that assessment only needs to take place where there are reasonable grounds for believing that education is unsuitable.
4.7	Contact with parents and children LEAs should acknowledge that learning takes place in a wide variety of environments and not only in the home. Where the education is taking place in the home, it may be thought desirable for an education authority to have the opportunity to see the child in that learning environment, to enable them to see the provision at first hand. Seeing the child responding to the educational provision of the parents may provide a strong indication that an efficient and suitable education is indeed being provided. The authority does not, however, have a legal right of access to the home and the matter should not be forced. Some parents may not feel comfortable in allowing an education officer access to their child or family home. Trusting relationships may need time to develop before a parent is happy to invite an officer to visit. It is only in the context of a supportive and trusting partnership that the opportunity to meet the child and visit the home will arise.	LEA’s should recognise that some parents may never allow a home visit or access to their child. LEA's should be encouraged to understand that this is an acceptable position to take.
4.8	In any event, it should be remembered that, where a parent elects not to allow access to their home or their child, this does not of itself constitute a ground for concern about the education provision being made. Although it is recognised that the learning environment can have a bearing on the effectiveness of learning, LEAs should, in the vast majority of cases, be able to discuss and evaluate the parents' educational provision by alternative means. Parents might prefer, for example, to write a report, provide samples of work, have their educational provision endorsed by a third party (such as an independent home tutor) or provide evidence in some other appropriate form (see paragraph 3.14).	As its stands this section is misleading. Only in exceptional circumstances can an LEA’s require that they are allowed access to the home in order to assess provision. Since the key phrase “exceptional circumstances” appears in case law it should be included in the guidance.
4.9	It may also be helpful in developing positive relationships for the 'contact person' within, or employed by, the LEA to be referred to as an 'adviser', 'home-educating consultant' or 'facilitator' rather than as an 'inspector', 'examiner' or 'assessor' even where the usual term may be 'educational welfare officer'.	I agree that titles are important but they seem to imply that an EWO should call themselves something different to disguise the fact that they have a limited role. Some of these titles are objectionable. The term ‘facilitator’ is unacceptable as facilitation is the parents roll. Terms like advisor should only be used where personnel are educationally qualified, experienced and specifically trained in home education issues and thus actually able to advise.
4.10	Child protection The welfare and protection of all children, both those who attend school and those who are educated by other means, are of paramount concern and the responsibility of the whole community. As with school-educated children, child protection issues may arise in relation to home-educated children. If any child protection concerns come to light in the course of engagement with children and families, or otherwise, these concerns should immediately be referred to the appropriate authorities using established protocols.
4.11	In terms of safeguarding the welfare of children who are educated at home by parents, all agencies should work together in accordance with the principles in 'Working Together to Safeguard Children' (Home Office/Department of Health/DfES/Welsh Office, 1999). LEAs may take a lead on these issues because of their responsibility to assure themselves of the quality of education received by children educated at home. Thus, when a practitioner or professional becomes aware that a child is being educated at home, local information sharing arrangements should help them inform the LEA, so that they can fulfil their duty to ensure the quality of that education.	Any information that other professionals posses will be subject to the data protection act which should be respected at all times. This paragraph cleverly links welfare and education, which is not the case in the children's act which says that education is not in itself a welfare issue. There is no obligation placed upon other practitioners who know that a child is home educated should inform the LEA via local info sharing mechanisms. This is to suggest that home education is a welfare concern or that the LEA do have a duty to assure themselves. By insisting upon this you are likely to cause some parents to be reluctant to access services which may otherwise be in the interests of the child (for example access to sports centres, libraries, dentists, doctors community nurses etc). However, should a practitioner (as a reasonable person) have reason to believe that a child is not receiving an education then they do have such a duty but they have no such duty if they simply become aware that a child is being home educated. There is an assumption that the LEA has a duty to assure themselves of the quality of education received by home educated children they don’t. Yet again I must say that LEA’s only have a duty to asses provision should they have reason to believe that a child is not receiving a suitable education. The fact of a family home educating a child is not in itself grounds for supposing that the provision is insufficient.
4.12	Concerns may arise where a child has been referred to social services or the police for child protection reasons and the matter is under investigation, or where a child is on the child protection register, or where the child is the subject of a supervision order. LEAs may also apply to the Court for a child assessment under the Children Act 1989, if they have reasonable cause to do so.
4.13	Parents may choose to employ other people to educate their child, though they themselves will continue to be responsible for the education provided. They will also be responsible for ensuring that those whom they engage are suitable persons to have access to children. Parents will therefore wish to satisfy themselves by taking up appropriate references. A small number of LEAs choose to assist home-educating parents in this task by undertaking Criminal Records Bureau (CRB) checks free of charge, for example, on independent home tutors. Tutors employed by an LEA may also undertake work for home-educating parents, in which case, CRB checks ought to have been made already.	There is an implication here that CRB checks are compulsory. Whilst they may be wise they are not compulsory and that should be clear. A suggestion that LEA’s should offer advice on this issue may be useful or that LEA’s offer information on where such advice can be found.
	4.14 [spare]
4.15	Reviewing policies and procedures Authorities will wish to review all of their procedures and practices in relation to home education on a regular basis to see if improvements can be made to further develop relationships and meet the needs of children and parents. Home education organisations and home-educating parents should be involved in this process of review. Effective reviews, together with the sensitive handling of any complaints, will help to secure effective partnership.	See following comment (4.16).
4.16	LEAs will also wish to bear in mind that Ofsted will report on the way local authorities cater for home-educating families within their areas.	You might highlight that including local home educators in any review is part of the OFSTED assessment criteria
5.1	Part 5 Support and resources When parents elect to home-educate their children they assume financial responsibility for their children's education. There are a number of sources of advice and practical assistance available to such parents. The Department for Education and Skills provides an information sheet for parents on elective home education, available from the Department's website at: www.parentcentre.gov.uk.
5.2	LEAs do not receive funding to support home educated families, and the level of support will therefore vary between one LEA and another. However, we recommend that all LEAs should adopt a reasonable and flexible approach in this respect, particularly where there are minimal resource implications. As a minimum, LEAs should provide written information (which is also available through the internet) on home education that is clear and accurate and which sets out the legal position (see previous paragraphs 4.5-4.6). LEAs may also be able to offer additional support to home educating parents such as the following: " Provision of a reading or lending library with resources for use with the children, on home schooling and related topics " Free, or discounted, admission into community programmes (including local authority owned community and sports facilities) " Access to resource centres (including local school resources where feasible) " National Curriculum materials and curricula offered by other educational institutions " Information about educational visits and work experience	Policies should also be legally correct. While we acknowledge that LEA's have no funding for home education we feel that the fees charged by some schools and collages for invigilating exams is well above what could be regarded as reasonable. We feel that some guidance on this should be included in this guidance. In particular that fees should not be set at a prohibitive level. "Home schooling" is an American term. The UK home education community does not use the term "home schooling" which implies a particular form of education in the home, often characterized by the term "school at home". The use of this term leads those working with home educators to expect to see a form of education and asses other home educator’s provision in the light of those assumptions. A number of terms are acceptable including "elective home education" and "home education" but not "home schooling".
5.3	The National Curriculum Although home-educated children are not legally required to follow the National Curriculum it is thought that a number do, especially if the home-educated child has siblings attending normal school. National Curriculum tests and assessment arrangements are developed and administered by the Qualifications and Curriculum Authority (QCA) on behalf of the Secretary of State. Information to support these arrangements is provided both electronically and in hard copy through the QCA's website at www.qca.org.uk or by telephoning their publications office on 01787 884 444.	I would like to see any research supporting this assertion. Research which is to be published this summer (2005)(see above) suggests that it is vanishingly rare for families of any kind to follow school hours, terms, curricula etc. (what is often termed ‘school at home’, structured, or formal education). There has never been any research of which we are aware showing a correlation between siblings being in school and parents following a particular educational style. This reference should be removed and if retained the word “normal” is regrettable and offensive.
5.4	In addition, the DfES's website at www.dfes.gov.uk will allow access to the National Curriculum and associated schemes of work, aimed at setting standards across all schools. Some documents are also distributed via Departmental publications which can be accessed through links on The Stationery Office site at www.the-stationery-office.co.uk or by telephoning Prolog on 0845 602 2260.
5.5	Connexions Service The Connexions Service is for children and young people aged 13-19 years living in England (see www.connexions.gov.uk). Its services and responsibilities cover children and young people who are being educated at home. The LEA is a key partner in a local Connexions Partnership and each must review how it will bring coherence to the different services and agencies within the area. The Connexions Service needs to maintain an overview of the learning and work status of all young people of a relevant age and ensure that individuals do not fall between the responsibilities and remit of different agencies and thus become marginalized or lost to the system. LEAs may be asked (as partners of Connexions) to provide details of children and young people being home educated; the Learning and Skills Act 2000 gives powers for various partners to share information with Connexions, subject to normal data protection principles.	We understand that by the time this guidance is published the connexions service may have closed. In any event there is no obligation upon home educating families have any relationship with the connexions scheme. This should be stated in the guidance. Connexions – section appears to imply ultra vires duties re an “overview… … of all young people”. We understand that an undertaking was made that information on home educated children would not be passed on to connexions without the express permission of the parents and if appropriate the child.
5.6	Flexi-schooling "Flexi-schooling" or "flexible school attendance" is an arrangement between the parent and the school where the child is registered at school in the normal way but where the child attends the school only part time; the rest of the time the child is home-educated (effectively on authorised absence from school). This is sometimes done as a short term measure for a particular reason. "Flexi-schooling" is a legal option provided that the head teacher at the school concerned and, in many cases, the LEA as well, agree to the arrangement. Some of the advantages and disadvantages of "flexi-schooling" are referred to on the Home Education UK's website at www.home-education.org.uk/articles-flexi-school.htm.	LEA's need more help with this as there is some confusion regarding for example what mark should be entered on the register. A number of LEA's also seem to think that there may be insurance issues. These should be covered in this section. The LEA do not have to agree to flexi-schooling (except regarding a statemented child at a Special School), it is the head teacher’s decision. There needs to be more consistent guidelines in place for this as heads can often disrupt the child’s education by changing policy. When considering this option school should be aware that flexi schooling may not be an interim measure aimed at the eventual return of the child to fulltime education is school. In the interests of clarity the long term aims of the parents should be ascertained by the school when reaching a decision.
5.7	LEAs' role in supporting work experience Work experience is not a statutory requirement. However, the Government's objective is for all Key Stage 4 pupils to undertake work experience in the last two years of compulsory schooling. Over 95% of Key Stage 4 pupils go on placements each year. The law relating to the employment of children generally places statutory restrictions and prohibitions on employers in this regard. But where the employment is in accordance with arrangements made by an LEA or a governing body these restrictions will generally not apply where the work experience is arranged only with a view to providing pupils with work experience as part of their education in their last two years of compulsory schooling.	The parents of many home educated children run businesses or have close friends who do so and are willing to offer the opportunity of work experience to older home educated children. Currently family and friends are reluctant to do so as there are fears concerning legislative problems and insurance issues. The effect this has is to unduly restrict young peoples access to a valuable experience. LEA’s should be encouraged to publish specific details of how issues relating to work experience impact upon home educated children and their families. We would also like to see guidance on other issues relating to young people and part time employment.
5.8	Children educated at home have no entitlement to participate in work experience under arrangements made by an LEA but we wish to encourage LEAs to assist the parents of such children who wish to do so to pursue work experience through such arrangements. Where home-educated children do participate in such schemes, consideration should be given to the extent to which such children are covered by, for example, insurance provision.
5.9	Schools and LEAs have a prime responsibility for ensuring pupils are placed in a safe environment for their work experience. Employers are responsible for carrying out risk assessments in respect of young people on work experience placements as if they were members of their staff.
5.10	Other Issues Education Maintenance Allowance Education Maintenance Allowance is a means-tested grant available to learners over the age of 16, if they stay on in education at school or college after GCSEs. It is not available to learners whose parents elect to educate them at home.	We don't understand the legislative framework which allows some home educators to receive EMA's in Scotland while those in England do not.
5.11	Truancy Sweeps When planning and running truancy sweeps, LEAs should refer to the DfES "Guidance for Truancy Sweeps" and the Home Office guidance "Police Power to Remove Truants" both of which are available at www.dfes.gov.uk/schoolattendance/truancysweeps.
5.12	Those taking part in the sweeps, including police officers, should be fully familiar with this guidance. They should be aware that there is a range of valid reasons why school-age children may be out of school. In particular, they may encounter children who are educated at home and that these children can have legitimate reasons to be out and about. By the same token, home-educating parents need to be made aware that professionals involved in truancy sweeps will need to verify any information given to them. To make sure this is a fast and efficient process, it would be advisable that the LEA maintains a list of all school-age children known to them who are home-educated. This list can then be checked by the LEA staff as part of a truancy sweep.	The harassment of home educators by truancy watch teams is of major concern to home educators who when stopped in public places often find the experience quite traumatic, sometimes taking days or weeks to get over the experience. Occasionally some families report that children are reluctant to ever go out in public during school hours. Many home educators are not registered with an LEA. LEA's should understand that they have no right in law to demand the names and addresses of home educators they encounter in the street. The home office guidance on truancy sweeps and the crime and disorder act said as much: "[home educated children] are not the target group for the new power" and "No further action should be taken where children indicate that they are home-educated" section 4.21 (http://www.homeoffice.gov.uk/docs/truancy.html). Thus LEA officers conducting truancy sweeps should be aware that they will possibly encounter home educators and should not require them to give details or expect them to be known to the LEA. Truancy sweeps should not be used as a means of collecting the names and addresses of home educating families as there is no legal power entitling them to do so. Nor is it necessarily the case that a home educating family will be a member of one of the support charities and so may not carry one of their truancy cards. “Can have legitimate reasons to be out and about” implies that for example if they are just out for a walk, playing or are in the shopping precinct that they don’t have a legitimate reason. It should be noted that families may not undertake educational work during the same hours as children who are in school. No conclusions should be drawn regarding a home educating family that are 'out and about' during school hours.
5.13	Traveller Children LEAs should be sensitive to the distinct ethos and needs of traveller communities. The duties of LEAs to ensure that children residing in their areas are provided with suitable education (described elsewhere in these guidelines) apply equally to Traveller children residing with their families on temporary or unauthorised sites. Although Travelling children of school age have the same legal right to education as anyone else, it is obviously practically difficult to claim or seek these rights without a permanent or legal place to stop. Therefore, when a Traveller family with children of school age move into an area they are strongly encouraged to contact the local Traveller Education Support Service for assistance. Most LEAs provide such a support service.	I don’t believe that LEAs have any such duty to ensure all traveller children are provided with suitable education any more than they do any other home educated children – it is still their parents’ duty. This section appears to single out travellers children quite unnecessarily – no other minority group is referred to.  LEAs should be sensitive to the distinct ethos of every home educating family and not just to travellers. This section should be omitted in its entirety, although the url at the end can be placed in the resources Annex.
5.14	Traveller children can be educated at home in the same way as other home-educated children. However, particular care may be required in the handling of Traveller children in view of their communities' culture and lifestyle. So, for example, before deciding to prosecute the parents for failing to provide a "suitable and efficient" education for their children, the LEA should consider whether it would be appropriate to take the alternative route of making an application in the family proceedings court for an education supervision order (ESO) which would last one year and would enable a supervisor or education social worker to advise, assist and befriend both the child and the parents. Where an ESO is in force with respect to a child, the duties of the child's parents under section 7 and 444 of the Education Act 1996 (duties to secure education of children and to secure regular attendance of registered pupils) are superseded by their duty to comply with any directions in force under the ESO.	It seems unlikely in the extreme that the issuing of an ESO would enable any representative of the issuing authority to befriend a family. By having separate policies in this way might not the DfES and possibly any LEA adopting such policies become liable to prosecutions under the racial discrimination act?
5.15	Further guidance can be obtained from the DfES Guide to Good Practice on the education of Traveller children - "Aiming High: Raising the Achievement of Gypsy Traveller Pupils" which can be obtained from DfES Publications (reference DfES/0443/2003). Another (external) source of information is www.gypsy-traveller.org/education/.
6.1	Part 6 Examples of good practice The following is a list of LEAs which provide good general advice or information on one or more specific issues. It is not an exhaustive list, but covers some of the good practice which the Department is aware of. Website addresses are shown where information is available electronically: Bedfordshire - provides an extensive list of web-based resources and contacts for various social and other activities, eg cycling proficiency, swimming, music, first aid. www.bedfordshire.gov.uk Coventry - provides information on arrangements for external examinations and suggests students are attached to qualified tutors who would be responsible for marking coursework. Home educators registered with the LEA may borrow books from the School Library Service for a small charge. http://www.coventry.gov.uk/ccm/navigation/education-and-learning/home-education/ Cumbria - offers to carry out Criminal Records Bureau checks free of charge on behalf of parents seeking to engage private tutors. Derbyshire - describes the three broad teaching strategies used by most home educators. The LEA also offers an extensive list of educational websites which have been reviewed by a local home educator. Herefordshire - provides short leaflets on Key Stages 1-3 for parents wishing to follow the National Curriculum: the Key Stage 1 & 2 leaflet outlines the learning objectives for Literacy and Numeracy; the Key Stage 3 leaflet suggests readily available books which home educating parents have found easy to understand. Lancashire - offers a variety of comprehensive information sheets for home educators on work experience, careers advice, computer and video resources, correspondence and open learning courses, further and higher education. North Yorkshire - provides good general advice. www.northyorks.gov.uk Staffordshire - provides good general advice, including suggestions to help record achievements. Warwickshire - provides unbiased and comprehensive advice.	Many of these LEA's have phrases in their policies which are ultra vires and would not 'as a whole' be regarded as good practice. It might be noted that Milton Keynes LEA have a good reputation for what is on the whole a fair policy towards home educators which was reached following discussions with the local home educating community. Many home educators responding to this consultation expressed surprise at the inclusion of many of the LEA’s in this list.  It should be omitted.  What purpose does it serve? Especially as it is not accurate.
	Annex A Qualifications options The following information sets out some of the options available to home-educating families who wish to provide opportunities for their children to study for recognised qualifications. This is not an exhaustive list, but sets out the main options available and provides contact details for relevant organisations. Please note that the following information is also liable to change from time to time. Enrolment at a Further Education College Some colleges may, at the discretion of the Principal, be willing to accept children of school age for full and part-time courses. This approach has the advantage that all the work and entry for qualifications is organised by the college, but it does require at least some attendance at classes which will not appeal to all home-educating families. If a student enrols at a FE college, their parents will normally be liable to pay all of the course fees themselves unless the education authority or the Learning and Skills Council are willing to provide funding. Colleges also have the discretion to waive fees, which they may do for low income families. Self-Study Many home educating families prefer not to enrol for attendance at a further education college but choose instead to work independently towards recognised qualifications. Because of compulsory internal assessment components, there are many subjects and qualifications which are not available to external candidates unless an appropriate arrangement can be made with an approved centre which meets with the examining board's requirements. Some centres and examining boards may be willing to accept coursework which has been marked and authenticated by a private tutor. Thus, families who study for qualifications from home will need to: " contact the relevant examination board to find out about their requirements; " register with an approved centre for their child to be presented for the qualification; and " pay a registration fee for each subject their child will take. It may also be possible for a group of home educators to consider seeking approved status in their own right. Correspondence Courses Correspondence courses can be an option for students who prefer to work independently, though they will be required in most cases to follow a structured curriculum and programme of work. Correspondence courses offer a wide range of qualifications at different levels and the organisations offering these courses will advise about arrangements which need to be made for registering with an examination centre and for marking and authenticating coursework. The cost of this option varies depending on the organisation and the qualification chosen, but can prove expensive. There are an increasing number of organisations offering open and distance learning courses. The following contacts provide a useful start in finding a suitable course and organisation: " The Open and Distance Learning Quality Council (ODLQC) is an independent body which accredits open and distance learning courses. The ODLQC produces a free information leaflet which lists all approved organisations and their courses. Contact: 16 Park Crescent, London, W1B 1AH Tel: 020 7612 7090 Fax: 020 7612 7092. Website: www.odlqc.org.uk E-mail: info@odlqc.org.uk " The Association of British Correspondence Colleges (ABCC) is a voluntary association of colleges which comply with a code of ethics. Contact: PO Box 17926, London SW19 3WB Tel: 020 8544 9559 Fax: 020 8540 7657. Website: www.nationline.co.uk/abcc Email: abcc@msn.com " The British Association for Open Learning (BAOL) promotes quality and best practice in open, flexible and distance forms of learning. BAOL members work to a code of practice for open learning and are listed on the BAOL website. Contact: Suite 12, Pixmore House, Pixmore Avenue, Letchworth, Hertfordshire, SG6 1JG Tel: 01462 485 588 Fax: 01462 485 633 Website: www.british-learning.com Email: info@british-learning.com	The National Extensions College should be added to this list and many home educated children are also taking Open University courses. “It may also be possible for a group of home educators to consider seeking approved status in their own right.” This needs clarification “The internal assessment component of many UK qualification courses such as Standard Grades, National Qualifications and GCSEs can restrict the choice available to home educated students”
	Alternative qualifications The internal assessment component of many UK qualification courses such as Standard Grades, National Qualifications and GCSEs can restrict the choice available to home educated students. The following qualifications have, however, been identified as particularly suited to home study students as they are not dependent on internal assessment and moderation. National Christian Schools Certificate (NCSC) The National Christian Schools' Certificate (NCSC) provides a graduated series of certificates, ranging from Level 1, which is equivalent to 5 GCSEs (grades A*-C), through Level 2, which equivalent to 2 AS/A2 passes, and culminating with Level 3, which is equivalent to 3 AS/A2 passes (grades A-C). There is also an Honours Certificate, which is awarded to pupils who show exceptional performance. Examinations are conducted at home under the supervision of parents, but the NCSC Board has strict moderation procedures to ensure the validity of results. The course is highly structured and requires a minimum pass mark of 80 per cent for each module test. During the course of 2004, the NCSC is to be superseded by the International Certificate of Christian Education, which will have very similar content and standards to the NCSC Certificate programme. Contact: The European Academy for Christian Homeschooling (TEACH) Marantha House, Unit 5, Northford Close, Shrivenham, Swindon, Wiltshire, SN6 8HL Tel: 01793 783783 Fax: 01793 783775 Website: www.christian-education.org Email: admin@ncscboard.org.uk or cee@christian-education.org
	Examining boards The Assessment and Qualifications Alliance (AQA) The AQA is one of three unitary examining bodies in England incorporating the now merged Associated Examining Board and the Northern Examinations and Assessment Board. The AQA also has responsibility for the City and Guilds' GNVQ qualification. Contact: AQA, Devas Street, Manchester, M15 6EX Tel: 0161 953 1180 Fax: 0161 273 7572 Website: www.aqa.org.uk Email: mailbox@aqa.org.uk Oxford Cambridge & RSA (OCR) OCR is one of three unitary examining bodies in England incorporating the RSA (Royal Society of Arts), UCLES (University of Cambridge Local Examinations Syndicate), and MEG (Midland Examining Group). Contact: OCR Information Bureau, General Qualifications: 1 Hills Road, Cambridge, CB1 2EU Website: www.ocr.org.uk Tel: 01223 553998 Fax: 01223 552627 Email: helpdesk@ocr.org.uk OCR Information Bureau, Vocational Qualifications: Progress House, Westwood Way, Coventry, CV4 8JQ Tel: 024 7647 0033 Fax: 024 7646 8080 Email: cib@ocr.org.uk Edexcel Edexcel was formed in 1996 by the merger of BTEC and the University of London Examinations and Assessment Council (ULEAC). Edexcel is one of the main examination boards for England and Wales. Contact: Edexcel, Stewart House, 32 Russell Square, London, WC1B 5DN Tel: 0870 240 9800 Fax: 020 7758 6920 Website: www.edexcel.org.uk Email: enquiries@edexcel.org.uk
	Annex B Useful contacts Education Otherwise Association Limited Nationwide charity for home education information and support. Subscription of £20 also entitles members to receive a handbook, UK and overseas contact list and bi-monthly newsletter, access to further resources, special interest and local groups and national gatherings Address: PO Box 7420 London N9 9SG Website: www.education-otherwise.org Email: enquiries@education.otherwise.org Helpline: 0870 7300 074 Home Education Advisory Service HEAS produces a range of publications and leaflets on different aspects of home education. Annual subscription [currently £12] gives access to the Advice-line, quarterly magazine, card for educational discounts, resources for loan and a regional list of other subscribers. Address: P.O. Box 98 Welwyn Garden City Herfordshire AL8 6AN Website: www.heas.org.uk E-mail: admin@heas.org.uk Helpline: 01707 371854 Home Education UK Website: www.home-education.org.uk Home Education Resources Website: www.home-education-resources.co.uk The Home Service - a national Christian home education group Website: www.home-service.org Christian Home School Website: www.homeschool.co.uk Muddle Puddle - an independent site focusing on learning for 0-8 year olds Website: www.muddlepuddle.co.uk DfES related links: Education of Sick Children www.dfes.gov.uk/sickchildren www.dfes.gov.uk/mentalhealth Ethnic Minority Achievement Project www.standards.gov.uk/ethnicminorities Vulnerable Children Grant www.dfes.gov.uk/standardsfund Exclusions and Alternative Provision www.dfes.gov.uk/exclusions Looked after children www.dfes.gov.uk/educationprotects	Other important websites should include  HES FES - home educators national gathering www.hesfes.co.uk And also: Learning Unlimited which offers support to those who home educate in Europe and can offer support to people travelling to Europe www.learning-unlimited.org
		General comments:  This document constantly repeats itself and is as a consequence far too long. It therefore needs paring down substantially by eliminating many of the repetitive phrases in it. Statements of law should be accurate. It is dangerous to paraphrase the law as this is how errors seep in. Definitions or clarifications of law are acceptable providing they are accurate. Too often in this document the law is only partially stated or misrepresented in important details. We don't like the way it flatters the home education community and parents on the one hand, stating that families legitimately offer education in a wide variety of approaches while effectively prescribing how we should educate our children on the other. paras 3.18 & 3.19 are good examples of this practice. The net effect of the document as it stands if adopted as policy by LEA's would lead to complaints under the human rights act on both protocol 2 and article 8. On the other hand it does incorporate many phrases and rights we have long desired to be understood by LEA's.