| FAQ Page |
![]() |
|||
These questions are those most frequently asked by newcomer's to home education. Each answer has a link to further information, sometimes in my website and other times to other peoples websites. These answers are not intended to be definitive legal replies but they are as far as I understand accurate for those living in England and Wales there are references to alternative sources for those living elsewhere. If you need any further help you can contact me What is home education? "home education (HE) is when parents provide an education for their children in ways other than by full time schooling." Is it legal? Yes, HE is legal in all parts of the UK and always has been. In England and wales Home education is permitted under section 7 of the 1996 education act which says: '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) any special educational needs he may have, either by attendance at a school or otherwise.' Where "otherwise" refers to the right to home educate your child. Other parts of the UK have their own arrangements. Scotland, NI Is the law different in various parts of the UK? Yes, while home education is legal in all parts of the UK and while the law is essentially the same in most details the actual legislation, applicable case law and the procedural application of the law does change depending upon where in the UK you live. This website is written particularly with reference to the law in England and Wales. The laws in Scotland, Northern Ireland, the channel isles and the Isle of Man are diferent. One should also be aware that while currently there are few significant differences between England and Wales, since the creation of the Welsh assembly small differences have begun to develop as Welsh politicians stamp their cultural identity upon educational legislation In particular the Pupil registration Regulations in England are those passed in 2006 while in wales the 1995 version is still current. It is therefore likely that in the future there will be more substantial differences between Wales and England. One should also be aware that Southern Ireland (Eire) is a separate sovereign nation and UK law does not apply there. What about flexi schooling? flexi schooling is where a child attends school part time and is entirely at the discretion of the head teacher. Parents sometimes intend it to be for a short period while a child recovers from an illness or from bullying or other temporary difficulty and sometimes parents intend to continue to home educate for more extended periods. There are some difficulties with arranging flexi schooling. More Do I need to have any qualifications? You do not need to be a teacher or have any other special qualifications. research shows that children of parents without qualifications do as well as those whose parents have them. More How do I start? If your child has never been to school you just carry on. You need to take no action. You do not need to inform the LEA. However if your child is in school you must formally deregister by writing to the Head teacher and say that you intend to teach your child at home. What happens then depends upon where you live and your child's needs, more England & Wales - If your child is at an ordinary school then the school must delete your child from the register you do not need permission to HE. More more. Special schools - if your child has special needs and attends a special school you need permission to deregister more more In Scotland and Northern Ireland - You need permission. Which they may not unreasonably withhold. Scotland, NI Can I home educate a child with a Statement of Special Needs ? Yes, there is no law prohibiting the home education of a statemented child provided s/he is not attending a special school, in which case you need the consent of the LEA (which may not be unreasonably be withheld). However, you need to be able to show that you can provide for these special needs should the LEA enquire. More more more How does compulsory school age effect home educators? As a parent you must provide an education for your child during compulsory school age. The law says that this can be at home. To work out the compulsory school age for your child. More Is there any financial help? There is no financial help from any source. However some LEAs will allow you access to local teacher resources and you may be able to arrange extended borrowing facilities from local libraries and discounted access to other council run facilities like sports centres. Will I be monitored? Many parents who's children have never been to school or have moved home since leaving school are unknown to their LEA and therefore have no monitoring and others have satisfied their LEA to such an extent that the LEA never return. In law their is no duty for an LEA to monitor a home educated child's provision but in practice they often do. When you withdraw your child from school the LEA will almost certainly want to discuss the educational provision you have planned. If you refuse to respond to their informal questions they are permitted under case law to assume that you are failing to provide any education and issue a School Attendance Order (which will force you to return your child to school or fine you should you refuse.) However you may challenge this in court. When presenting evidence of your educational provision they may not prescribe how that evidence is to be presented. They cannot for example say you must fill in a form or allow a home visit (see below) Therefore I would advise you to provide evidence to the LEA which would satisfy a "reasonable person" that you are offering education to your children. More Will I have time to set ourselves up? Lord Wolf in the Perry case said that inspections should be fair: "Essentially the duty of an education authority in carrying out that function [inspection] is, in my opinion, simply to give the applicant a fair and reasonable opportunity to satisfy it as to the matters set out in the Regulation. Prima facie this opportunity will appropriately be given (as was done in the present case) if the Authority, having first allowed the parents a sufficient time to set in motion their arrangements for home education," R v Gwent County Council Court of Appeal (Civil Division) 129 SJ 737, 10 July 1985 Will they continue to monitor? This is a contentious, and complex issue. There is no legal duty for an LEA to continue to monitor your provision once they have accepted that you are providing an adequate education. At least one LEA has (falsely) asserted its right to continue to monitor on the grounds that as a child grows older then your provision must change and thus they need to monitor the new provision. Even were this true it would only justify monitoring once a year at most. In any event if you failed to provide evidence of your provision I believe that the LEA would ask the courts to issue an SAO on the grounds that as you have failed to provide evidence of educational provision they assume that there is no education being provided. If this point is an issue for you you may ultimately need the services of an experienced lawyer. More Will I have to have home visits? The law is clear, you are not required to allow home visits other than in extreme circumstances. Some HE parents do however allow access at their own discretion. You are entitled to arrange to meet with the LEA representative at some other location like a library or even a MacDonalds. More More What about my child's Statement of Educational Needs Parents have no obligation to fulfil the requirements for provision as laid out in section 4 of a statement of special needs. These statements can only place obligations upon the LEA. However as a parent you must provide an education suitable to your child's special needs. So you will have to find some way of ensuring that your child's educational needs are fulfilled. Will I have to arrange for SAT's testing SAT's testing is only a requirement at state schools and is therefore not relevant to home-education. Your child should not be tested by the LEA. more Do I have to teach the National Curriculum The National Curriculum only applies to state schools as do things like literacy and numeracy hours. As a home educator it is up to you and your child what, how and when you study however should you want to follow the national curriculum the DfES website has details of what it covers on their website which you can download more some LEAs assert that parents have to provide a "broad and balanced" education as in the national curriculium. the legislative basis for this claim arises from section 351 of the 1996 Education Act which only applies to pupils in school. Therefore such insistance is without legal foundation. So What should I teach? This is entirely up to you. The law does not prescribe and particular subjects. Though you must provide an education suitable to your child's needs. What about course work and curricula? There is a wealth of material on the internet which you can find by searching. There are other home education websites which make suggestions and list resources that home educators have used and of course there are lots of books in good local bookshops covering Key stages used in schools. One piece of advice would be not to spend a fortune on such materials before you are sure you need them. I suggest that you begin by finding out what your child is interested in and following that for a while. This will help you understand better what works for your child and what does not. more What about tutors? Most home educators never employ tutors other than occasional music or art teachers. The LEA may be willing to suggest tutors on their supply teachers list or used by their home tutoring service (normally used for children who are sick or who have behaviour problems). Can my child still take exams? Yes, you can arrange for children to take exams as external candidates at various exam centres such as collages of further education. You will need to make enquiries and talk to other home educators in your area to find out where to look. You can use correspondence courses such as the National Extension College (who offer a discount to home educators). But there are no grants available to cover the costs. Some home educators enrol children onto Open University courses without using GCE or GCSE's at all. This strategy can work very well. Will my child be Socially isolated? There is lots of support around for home educating children, and in most parts of the country there are plenty of things happening and plenty of opportunity to socialise. This is frequently the first concern for new comers to home education and is usually of the least concern for established home educators more Is there any way of contacting other home educating families? Yes I have a web page of people who are willing to be contacted by other home educating families and there are a number of HE support groups and online e-mail mailing lists. |
||||