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GUIDELINES FOR LOCAL EDUCATION AUTHORITIES ON ELECTIVE HOME EDUCATION

Introduction

1.1 Parents have the duty to ensure that their children of compulsory school age are educated. Electively home-educated children are those who are being educated based at home and in the community by parents, guardians and carers. They are not registered pupils at a school.

1.2 The term "elective" is adopted to prevent confusion with provision made by LEAs for home tuition or education otherwise than at a school under s19 Education Act 1996.

1.3 The Department recognises that elective home education is a key and equal aspect of parental choice.

1.4 These guidelines aim to encourage good practice by LEAs in relation to 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 electively educated at home.

1.5 In these guidelines the abbreviation EHE is used when referring to families who electively home educate.

Reasons for Elective Home Education

1.6 Parents may opt to EHE for various equally valid reasons. The reasons should not, in themselves, have a bearing on the LEA's treatment of EHE families since the LEA's sole interest lies in the parents' educational provision for their children.

1.7 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 internal review of specific problems in certain areas.


Part 2

Parental rights and responsibilities in Elective Home Education


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

2.2 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.

2.3 The sole educational responsibility of parents who choose to EHE is to comply with s7 Education Act 1996. This applies equally to all families who EHE including those with children who have special educational needs whether or not those children have statements of special educational needs.

2.4 Parents may decide to exercise their right to EHE their child at any time. There is no obligation on parents to inform their LEA of their choice or the reasons for it.

2.5 The right of parents to decide where and how their children are educated is enshrined in the European Convention on Human Rights (ECHR) which is incorporated into English law.

Article 2 of Protocol 1 of the European Convention on Human Rights provides 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 confirms the right of parents to home educate in accordance with their own religious and philosophical convictions. In assessing whether an efficient education is being provided the LEA must base its consideration on the parents philosophical view of the education they are providing.

LEAs' responsibilities

2.6 It is good practice for LEAs to provide information to parents about home education. This includes where children are unhappy in school and their education is being adversely affected especially if this is caused by their experience of school, for example if they are being bullied and/or are truanting.

2.7 LEAs should also make it clear to parents that if they choose to home-educate, they will 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' (ie the last Friday in June in the academic year in which they reach age 16).

2.8 The Department, whilst recognising that they are under no obligation to do so, however, would encourage LEAs to provide assistance both towards the costs and with regard to access to public examinations for families who EHE.

2.9 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. In a minority of cases this may lead to the making of a school attendance order requiring that a child be registered at a school. This procedure and the circumstances surrounding it are dealt with in detail at paragraphs 3.25 to 3.49 below.

2.10 LEAs also have a duty under s175(1) of the Education Act 2002 in carrying out their functions as an education authority to do so with a view to safeguarding and promoting the welfare of children. This provision 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.

It should be noted that s175(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. s175(1) does not, for example, give LEAs powers to enter the homes of, or otherwise see, children undertaking elective home education.

Part 3

LEAs should have clear policies and procedures

3.1 All LEA officers involved in home education should be aware of their roles, rights and responsibilities and be clear about the standards expected of them. Home educators should be consulted on the development of policies which should be clear, transparent and easily accessible.

3.2 Particular care should be taken by LEA officers to ensure that they comply with the law as it applies to home education and that they refer accurately to legal provisions when contacting EHE families.

3.3 The Department recommends that each LEA should have a named senior officer responsible for the authority's policy towards EHE families. In order to ensure that it is clearly understood that EHE children are not to be viewed in the same category as "excluded" children, this officer should not be the same officer who has responsibility for children who are excluded from school or educated by the LEA under s19 Education Act 1996.

3.4 The Department also recommends 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. The policy statement should be developed in consultation with home educators. 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.

De-registration from School

3.5 First contact between LEAs and home educators may occur 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 paragraph 3.8).

3.6 De-registration of a child from a school is covered by regulation 9(1)(c) of the Education (Pupil Registration) Regulations 1995. Parents who withdraw to home-educate a child who is a registered pupil at a maintained school or an independent school must inform the school formally in writing that their child is being home educated and no longer attending at school. The school must immediately delete the child's name from the register and upon receipt of such written notification from the parents, guardians or legal carer, write to them to confirm that this has been done and make a return (giving the child's name and address) to the LEA within 10 school days of removal.

3.7 Parents are under no obligation to inform anyone other than the proprietor (usually the Board of Governors) of the school. They would be best advised to ensure that the letter has been received and to keep a copy of it as it changes their legal responsibility towards their children's education and their obligation to secure regular attendance at the school ceases.

3.8 A child with a statement of special educational needs who is a registered pupil at a mainstream school can be deregistered by parents sending a formal letter, and the procedures set out in paragraph 3.6 above must be followed by the school. However, 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. Nevertheless, there should be no delay in removing the child's name from the register. The LEA should be aware that should it not consent to the removal of the child's name it would be discriminating against the child by reason of her special educational needs. If the child had no special educational needs or if, although statemented, the child was educated in a mainstream school, the parents would be able to deregister the child without having to obtain any consent. The existence of a statement of special educational needs is not a bar to home education.

3.9 If a child with a statement of special educational needs was deregistered to be home educated, it would then be good practice to amend Part 4 of the statement as set out in paragraph 3.13 below.

Children with Special Educational Needs

3.10 The right of parents to educate their child(ren) at home applies equally where a child has special educational needs (SEN). Parents who EHE a child with special educational needs have no greater duty than other parents and in common with them, have only to comply with s7 Education Act 1996. This requires them to take their child's special educational needs into account.

3.11 Some children with special educational needs have statements of their special educational needs but others do not. A statement of special educational needs is directed only to the LEA and sets out what an LEA is required to provide for the child. It is not enforceable against the parents nor can it require them to make any provision whether specified in it or not.

3.12 Where parents make suitable arrangements for their child's education, taking into account any special educational needs in accordance with s7 Education Act 1996, the LEA has no responsibility to make the provision specified in any statement of special educational needs.

3.13 Where parents make suitable arrangements, a school does not have to be named in Part 4 of the statement, though the LEA should state the type of school it considers appropriate and go on to state that the "parents have made their own arrangements under section 7 of the Education Act 1996".

3.14 Where an LEA is of the view that the parents are not fulfilling their duty under s7 Education Act 1996 with regard to their child's special educational needs, the LEA is not absolved of their responsibility to arrange the provision in the statement.

3.15 Where a child with a statement is EHE, the LEA may, after consulting the parents, cease to maintain the statement if it is no longer necessary to maintain it in accordance with Chapter 8 of the SEN Code of Practice.

3.16 If the statement is maintained, the LEA remains under a duty to review it annually, following procedures set out in Chapter 9 of the SEN Code of Practice.

3.17 The statement can also specify any provision that the LEA has agreed to make under section 319 Education Act 1996 to help parents to provide suitable education for their child at home.

3.18 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.

Providing an efficient, full-time and suitable education

3.19 Parents are required to provide an efficient full-time education suitable to the age, ability and aptitude of the child. An "efficient" 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" .

3.20 There is no legal definition of "full-time". Any measurement of 'contact time' is not relevant to home education where there is often almost continuous one-to-one contact, where education takes place on a continual basis whether within or outside 'normal school hours' and where the type of educational activity can be varied and flexible.

3.21 It should be borne in mind that home-educating parents are not required to:

  • have any qualifications
  • teach the National Curriculum
  • cover the same syllabus as any school
  • follow any curriculum
  • match school, age-specific standards
  • make detailed or any plans in advance
  • have a timetable
  • give formal lessons
  • set hours during which education will take place
  • observe school hours, days, terms or years
  • mark work done by their child
  • reproduce school type peer group socialisation
  • have premises equipped to any particular standard

3.22 An important point to note is that there are many, equally valid, approaches to educational provision. LEAs should therefore consider a wide range of information from home educating parents. The way in which parents provide information is entirely up to them.

3.23 Parents' educational provision will reflect a diversity of approaches and interests. Some parents 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. Yet others may arrive at a combination of approaches that uniquely suits 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 cannot specify a curriculum which parents must follow.

3.24 Children learn in different ways and at different times and speeds. Home educators are free to experiment in ways not possible in more formal educational settings and to arrive at an individualised approach to learning with their child. 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 a suitable 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.

Enquiry by the LEA into Educational Provision

3.25 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.

3.26 The legal relationship between an LEA and parents in its area who have children of compulsory school age is founded on the provisions of s437 Education Act 1996. If an LEA chooses to consider the educational provision made for such a child, whether that child be at a school or not, it derives its powers to do so from s437(1).

3.27 There is no express requirement in the Education Act 1996 or in any other Act for LEAs to investigate actively whether parents are complying with their duties under section 7 Education Act 1996.

3.28 Section 437 Education Act 1996 provides

(1) 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.

(2) That period shall not be less than 15 days beginning with the day on which the notice is served.

(3) 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.

(8) .... "suitable education", in relation to a child, means efficient full-time education suitable to his age, ability and aptitude and to any special educational needs he may have.

3.29 Section 437(1) establishes consideration of the adequacy of educational provision in two distinct stages, the first of which is a pre-condition for the second to come into operation.

Stage 1 - If it appears to an LEA that a child is not receiving suitable education, then, but only then,

Stage 2 - the LEA shall, by written notice, require a parent to satisfy them that the child is receiving such education.

3.30 The section thereby establishes that not all parents should be required to satisfy their LEA of the educational provision made, only those in respect of whom the LEA considers "it appears" that a child "is not receiving suitable education". Stage 1 is thus a "sifting process" and only those to whom the LEA can say there is an appearance of no suitable education will have any obligation to produce evidence and to have to satisfy their LEA, the "satisfaction test".

3.31 Logically and legally, different considerations must be in the minds of the LEA when considering the "sifting process", than when considering in stage 2 whether it is "satisfied". It is important to consider the different emphasis which is intended to exist between the "sifting process" and the "satisfaction test". The former is phrased in the negative and requires the LEA to consider if it has grounds to say that there is an appearance of no suitable education. Only the "satisfaction test" places a direct requirement on the parents to satisfy the LEA on evidence that a suitable education is being received by the child.

3.32 An LEA which is not aware of the educational provision being made for a child of compulsory school age in its area, may choose as part of the "sifting process" to make enquiry of the parents as to what provision is being made on an initial or informal basis.

3.33 LEAs should make initial contact in writing and respect parents' preferences for how future contact should be made. It is not good practice to make uninvited visits to the home of EHE families. Parents are not legally required to give the LEA access to their home or their child. Article 8 of the European Convention on Human Rights requires respect for the privacy of home and family life, and it should be remembered that where parents choose not to allow access this does not of itself constitute a ground for concern about the education being provided. Parents may, for example, choose to meet an LEA representative at a mutually convenient and neutral location, or may choose not to meet at all but to supply the information requested by other means.

3.34 When considering the provision made by the parents the LEA should be careful to ascertain the aims of the parents, what they intend to achieve and how they intend to go about achieving it. The efficiency of the educational provision must be considered on the basis of the parents' aims and model of education and not on any other external considerations.

3.35 In any consideration of parents' provision of education based at home, LEAs might look to find the following characteristics, always bearing in mind that the only requirement on home educators is to comply with s7 Education Act 1996:

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 an indication that the parents have thought through their reasons for home educating and what they hope to achieve signs of commitment and recognition of the child's needs, attitudes and aspirations opportunities for the child to be stimulated by their learning experiences involvement in activities with access to resources/materials to help meet the objectives of the parents and the child and the opportunity for appropriate interaction with other children and other adults.

3.36 If, on considering the educational provision, one or more of the above characteristics appear to be lacking, LEAs may choose to investigate further whether or not an efficient and suitable education is, in fact, being provided. 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.

3.37 If information exists which may cast doubt on whether a suitable education is being provided, the LEA should seek to gather any relevant information that will assist it in reaching a properly informed judgement as to whether it appears that no suitable education is being received by the child. 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. We recommend that a full written report should be made and copied to the parents promptly, specifying the grounds for concern and any reasons for concluding that the provision appears unsuitable. The parents should be given an opportunity to reply and to improve their provision and report back to the education authority.

3.38 If the authority has good reason to believe that it appears that no suitable education is being received and the parents, having been given a reasonable opportunity to show that the LEA is mistaken or to improve their provision and report back to the education authority, have not done so, the authority should consider instituting the formal second stage procedures set out in s 437(1) Education Act 1996. However, before starting such proceedings it is good practice to offer parents a second opinion on their educational provision. Where LEAs have a 'second opinion policy,' the necessity for school attendance orders, with the consequent expense and distress, may be reduced. Parents' requests for a second opinion should be met.

3.39 Although there is no statutory right to appeal against an authority's decisions relating to home education, all decisions should be reviewed internally on request. Education authorities should provide parents with details about their complaints procedure and how to apply for a review of a decision about their home education provision. Certain aspects of decisions made by authorities are also subject to external review by the local ombudsman and by the Courts through the judicial review process. Some local authorities have mediation services and the existence of these should be made known to home educating families.

3.40 Having given the parents every opportunity to meet their concerns, if the LEA finally reaches the judgement that it appears that no suitable education is being received, they should issue the parents with a formal written request to satisfy the LEA that a suitable education is being received. This now requires the parents to produce evidence capable of satisfying the LEA as to the educational provision. The parents must be allowed a minimum of 15 days after they receive the formal notice from the LEA.

3.41 When the LEA considers the second stage, the "satisfaction test", it must receive such evidence as the parent chooses to submit and then decide whether that evidence satisfies it on the balance of probabilities as to the provision; that is, whether it is more likely than not that a suitable education is being provided.

3.42 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 information in any other appropriate form.

3.43 A written report should be made after any contact with a family and copied to the family stating whether the education authority maintains any concerns about the education provision. Where there are concerns about the efficiency or suitability of the education being provided for the child, further contact may be required. Where concerns merit further 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.

3.44 If the LEA concludes that the parents have not satisfied it that a suitable education is being received, the LEA should consider whether to make a school attendance order (SAO) under s437(3) Education Act 1996 or seek an educational supervision order (ESO) under s36 Children Act 1989.

3.45 An 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 can bring a prosecution in the magistrates' court under s443 Education Act 1996 and the parents will be liable to be convicted unless they prove that their child is receiving a suitable education.

3.46 In exceptional circumstances, application may be made to the family proceedings court for an ESO. Where an ESO is in force with respect to a child, the duties of the child's parents under section 7 of the Education Act 1996 are superseded by their duty to comply with any directions in force under the ESO.

3.47 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 an SAO be served.

3.48 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 that they are now providing an appropriate education and apply to have the Order revoked.

3.49 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 ).

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.

4.2 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."

Providing information for parents

4.3 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 and should have been prepared in consultation with home educators.

4.4 As noted at paragraph 3.3 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. It should be made clear both that it is for the home educating family to choose whether to attend such a meeting and whether it will involve their child and that if any such offer of a meeting is declined it will not adversely affect the consideration by the LEA of the provision being made for home education.

Contact with parents and children

4.5 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.

4.6 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.

4.7 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'.

Child protection

4.8 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.

4.9 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).

4.10 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.

4.11 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 may 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.

Reviewing policies and procedures

4.12 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.

4.13 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.

Part 5

Support and resources

5.1 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 education 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

The National Curriculum

5.3 Although home-educated children are not legally required to follow the National Curriculum, some may choose to do so. 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.

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.

Connexions Service

5.5 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.

Flexi-schooling

5.6 "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 agrees 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.

LEAs' role in supporting work experience

5.7 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.

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.

Other Issues

Education Maintenance Allowance

5.10 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.

Truancy Sweeps

5.11 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 The LEA should ensure that those taking part in the sweeps, including police officers, are 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 have legitimate reasons to be out and about during school hours. They should be aware in particular that (as set out in paragraphs 4.20 and 4.21 of the guidance) home educated children are not the targets of the sweeps and that unless the police have reasonable cause for doubt, no further action should be taken "where children indicate that they are home educated".

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.

The National Extension College and the Open University will also accept home educating children (sometimes those who are 16 or under)

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

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

Information about education for traveller's children

Website: www.gypsy-traveller.org/education/.

Learning Unlimited which offers support to those who home educate in Europe and can offer support to people travelling to Europe
Website: www.learning-unlimited.org

HES FES - home educators national gathering
Website : www.hesfes.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