Legal - Home Visits

The issue of whether or not we allow home visits is a regular topic for discussion within the home education community in the UK.

Home educating families hold a range of views regarding home visits from openly welcoming an opportunity to show off what they are doing through to being utterly opposed to home visits as an infringement of both their own and their child's rights as private individuals.

The Legal Position

In England and Wales the law is quite clear on the subject. While we must inform the school of our decision to withdraw a child from school there is no obligation for us to inform the LEA or to allow the LEA access to our homes. (NB: In Scotland it is slightly different in that one must still ask permission to withdraw a child from school in other respects it is similar to England and Wales in particular home visits are not required in Scotland).

"an education authority should not, as a matter of policy, insist on inspection in the homes as the only method of satisfying themselves that children were receiving efficient full time education"

and also:

"the Act of 1944 (replaced by the 1996 education act) does not provide for or contemplate an intrusion of a parent's privacy by inspectors coming into the home and that it is quite wrong for a local authority to insist on such inspection."

Lord Parker of Waddington (REGINA v. SURREY QUARTER SESSIONS APPEALS COMMITTEE, ex parte TWEEDIE QUEEN'S BENCH DIVISION 61 LGR 464 Lord Parker of Waddington C. J., Widgery J. and John Stephenson J.)

Indeed, if we home educate our child from the beginning and never enrol him or her at a school there is no need to tell anyone of our decision.

If the LEA becomes aware that we are home educating they may informally ask for evidence that we are providing an education suitable to our child's needs etc. (section 7 of the 1996 education act) and we would be wise as parents to provide such evidence.

However the form that this evidence takes is up to us to decide, not the LEA. The LEA may not demand any particular form of evidence. Since there is a legal principle (known as "audi alterem partem" literally meaning: "hear the other side"). This means that it is the right of the defendant to present evidence in any reasonable form of their choice and since an LEA must work to the same standards as the court the LEA may not therefore prescribe the form of evidence it will accept by for example limiting evidence to a home visit.

If however we fail to provide evidence or if the evidence we provide is such that it fails, (on the balance of probability only) convince a reasonable person then the LEA may determine that we are not providing a suitable education and issue a School Attendance Order.

A parents right not to have home visits is also protected by Article 8 of the European Convention on Human Rights (ECHR and The Human Rights Act) which protects our rights to a private family life. This right should normally prevent attempts by the LEA to continue to insist upon access to our home after a parent has pointed out to them that this is unacceptable.

It is also important that you do not promise to allow a home visit at any time. In the Tweedie case (see above) it was part of the judgment that since the family had offered a home visit at the time of withdrawal then it was unreasonable for them to later refuse. Although notably the judgment was handed down in 1963, when a child's withdrawal from school required permission (1944 Education Act.) The law on withdrawal has since been changed and it could be argued that the promise formed part of an agreement between the parents and the LEA. However it's probably best to keep things simple and not make such a promise or offer if you might later wish to change your mind.

Section 175(1) of the 2002 Education Act:

Some LEA's in England and Wales have begun to quote Section 175(1) of the 2002 Education Act.:

"A local education authority shall make arrangements for ensuring that the functions conferred on them in their capacity as a local education authority are exercised with a view to safeguarding and promoting the welfare of children."

They sometimes go on to say that should a family refuse a visit then the LEA will report the family to the social services department on welfare grounds.

However for a referral to social services to be legitimate the LEA should have grounds for believing that the child is at some form of risk. The fact that the child is home educated is not evidence of risk. (Indeed several letters informing families of this policy have perversely stated that in their case they do not consider that there is a risk to the child so on what grounds they make such a referral is open to speculation).

There is clearly a lot of confusion around regarding this section of the act and I understand that a number of LEAs have requested clarification from the government however it is clear that it does not in fact confer any new powers upon the LEA. It simply informs the LEA of their responsibilities regarding existing duties to carry them out with "due regard" to children's welfare at all times and so if there is no evidence of any welfare issues then they have no grounds for a referral.

Thus a referral by an LEA to Social Services exclusively on the grounds that a child is being home educated and the family are (quite legally) refusing a home visit could be regarded as a malicious referral and is certainly a breach of Article 8 of the human rights act.

Why might we not want a visit?

Putting aside the privacy issues families should be aware when they are welcoming an LEA representative into their home that the purpose of the visit is to collect evidence of education taking place in accordance with section 7 of the 1996 Education Act.

The officer collects evidence which may at some point be presented by the LEA to a court in support of a "school Attendance Order" should they decide that your provision is not in some way suitable.

By allowing an LEA officer into their home a parent surrenders control of the evidence. The LEA will consider their perception of everything they see and hear as evidence and present it as such to the court.

For example: if your house is tidy they can say that your "obsessively tidy" home exhibits a failure to allow sufficient opportunity for creative play. If its untidy they can say that your home is chaotic and you fail to provide a sufficiently structured environment. As it's all down to interpretation, they can in fact say anything and once its been said its difficult to repair the damage.

Sadly it has become clear to me from reading accounts of a great many home visits over the years that some LEAs use visits to justify decisions already made. Reports are sometimes singularly biased and are clearly intended to bully parents into returning their children to school.

I have come to the conclusion that it is unsafe to allow an LEA representative into your home.

If they're not allowed in your home they can't come to any conclusions about it.

How then to present evidence?

I would suggest that at least one face to face meeting should take place on neutral ground, a library or cafe, even a McDonald's. This meeting should help put a face to the names and establish a relationship between yourselves and the LEA representative.

Ideally you should take a friend, by preference an experienced home educator and possibly your partner (should you have one - if s/he works its worth a day off) but not your children - who should be left with other supportive friends.

Take as much documentation as you are happy to offer, in particular if you haven't already produced one you should prepare an educational philosophy (according to article 2 of the first protocol of the ECHR The authorities must respect the parents philosophy with respect to education and your educational philosophy outlines this).

Also the 1996 Education Act says that an education should be efficient. The courts interpret that as "that which achieves what it sets out to achieve". So its important to state in your educational philosophy what it is that you are setting out to achieve.

You should not forget a notebook in which you can record anything of importance that is said to you. Indeed parents have been known to record the meeting on tape and even on video.

At the meeting you should write down any decisions made and actions to be taken. If the officer makes any categoric statements you should also write these down as well as any promises you make (I would advise you not to make any promises especially "on the hoof" say rather that you will come back to them on this once you have had a chance to consider the idea).

After the meeting you should write a letter to the officer you met confirming anything important in your notes, particularly points of agreement, actions to be taken and issues outstanding. It is then up to the LEA to deny that your account of the meeting is correct.

All correspondence should be in writing. Any unavoidable phone calls should be logged and again confirmed in writing including any important verbal messages. this ensures that an accurate written record is maintained in the unlikely event that it came to court action.

If you still want to have a visit

If you still think a home visit is best for you, you may want to consider the following suggestions.

1. Consider having the meeting at a neutral location like a cafe or library meeting room etc. rather than the home.
2. While tidying your home is probably a good idea, try not to make it look too sterile and child unfriendly.
3. You should always have a note pad and pencil with you to make notes of anything important that is said or agreed.
4. Where the visit is going ahead against your wishes or where you have reason to believe the inspector may be antagonistic, you might want to consider recording the meeting. While this is a rare and perhaps extreme measure, it can be useful where inspectors make prejudicial or legally incorrect statements during the meeting. Sadly it's been our experience that some inspectors are either ill informed of the law or make deliberately misleading statements of law and or make demands upon families that are not sustainable in law. Many EHE inspectors are retired head teachers who have had little if no training in the law as it applies to home educators. Consequentially they make errors in the application of the law .Having a record of these breaches can be extremely useful should meetings lead to legal action
5. Try not to agree to anything, your failure to meet such agreements could form part of later complaints regarding your provision. It's reasonable for you to take a note of any request and say that you cannot agree to anything right now as you would prefer to discuss these things with your child and partner together as a family.
6. Have an experienced home educating friend with you, this person could help offer support should the visit not go well. They can also witness what is said and possible take notes of anything important that is said. They can also make tea etc during the visit so that you never have to leave the room.
7. Consider not having the children present, there is no legal requirement for them to normally see or speak to the children.
8. Not to allow the inspector to .speak to the child alone. We have reports of EHE inspectors asking children if they like being home educated using loaded phraseology. Remember, they never offer school children the option of home education.
9. Expect to be asked for your children's work. You do not have to show your children's work if you or your child decide not to. This is something you may want to discuss with your child and partner prior to the meeting.
10. Just because you are dealing with the inspection via a meeting doesn't mean that you cannot prepare an educational philosophy and related documents to give to them
11. They may be likely to have forms for you to fill out. You should read these carefully as they could become legally important should the LA decide to issue an SAO. If you are unhappy about any aspect of them you are entitled to refuse to fill them out or set them aside and say you want to complete them at a later date with your partner..
12. When the meeting is over it is worth while looking at your notes of the meeting and writing up your own account of it, particularly noting down anything you agreed to or any statements that were made either by yourself or the inspector. A copy of this could then be sent to the inspector as your account of the meeting. If anything negative is said by the inspector you should include any refutation of their comments (help is available from various sources, such as forums, in doing this).
13. Consider how you will answer certain questions that are likely to arise for example:

• how do you expect to continue to home educate over the next few months?
• how do you deal with the issue of socialisation?
• who else has access to your children and do you employ tutors, will you name any tutors and may we contact them about your child's education?
• What about work experience?
• what about exams?
• how do you propose to prepare your child for university?

Advertise on this site