Legal References
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Education Act 1996 |
s7 | Act | England Wales | Link | "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." |
| s8 | Act | England Wales | Link | Compulsory School [educational] age: | |
| s9 | Act | England Wales | Link | Establishes the principle that education should be in accordance with the wishes of the parents, providing it is not unreasonable or contrary to s7 provisions. NB: refers to pupils see s3. | |
| s3 | Act | England Wales | Link | Definition of a pupil - meaning that a home educated child cannot be a pupil. Thus, any law that relates exclusively to pupils, cannot include home educated children. | |
| s443 | Act | England Wales | Link | Defence against prosecution for failure to register a child subjected to a SAO | |
| s442 | Act | England Wales | Link | Process to Revoke an SAO at parents request | |
| S434 | Act | England Wales | Link | Refers to penalties for failing to follow regulations. For example the Pupil Registration Regulations. The penalty applies to Head Teachers who refuse to deregister children in reasonable time. | |
| s436a | Act | England Wales | Link | A duty for LA's to make arrangements to identify children who are nor receiving a suitable education either in school or otherwise. [statutory guidance makes it clear that s436a does not apply to EHE children] |
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| s576 | Act | England Wales | Link | Definition of a parent: "Any person who has parental responsibility or who has care of the child" [as per Children act 1989] |
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| S437 | Act | England Wales | Link | School Attendance Notices: "If it appears to a local 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." |
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Education Act 2002 |
s175(1) | Act | England | Link | "A Local Authority shall make arrangements to ensuring that the functions conferred on them in their capacity as a local education Local Authority are exercised with a view to safeguarding and promoting the welfare of children." [confers no new or specific powers, it refers only to the exercise of existing powers, duties and roles.] |
The Children act 2004 |
part 5 s53 | Act | England | Link | Ascertaining the children's wishes. [Does not extend to a child's wishes regarding EHE since EHE is NOT a service provided by the local authority, however the proposal of home visits is a LA function] |
| part 2 s11(2) | Act | England | Link | Making arrangements to safeguard and promote welfare of children [Applies to LA's NHS Trusts, NHS Foundation Trusts, Police, District authorities, Police Authorities and Police Chief Officers] |
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Education Skills Act |
part 1 | Act | England | Link | Refers to young people post compulsory school age up to age 18 who have not obtained a level 3 qualification. [Note, there is no penalty for young people failing to attend any education. Either for the child or the adult] |
Human Rights Act |
Art 9 | Act | UK | Link | The right to freedom of thought, including religion and the right to teach a religious belief. This right is expressly limited to not offending the rights of others or protecting public safety, order health or morals etc. |
| Art 8 | Act | UK | Link | Right to a private family life [including the child's rights of course] |
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| First Protocol Article 2 | Act | UK | Link | "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 in conformity with their own religious and philosophical convictions." | |
Pupil registration Regulations (England) 2016 |
section 8(1)(d) | stat reg England | England | Link | Deregistration process for schools in England other than special schools |
Pupil registration Regulations (Wales) 2005 |
9(1)(c). | Stat Reg Wales | Wales | Link | Deregistration process for schools in Wales other than special schools |
Elective Home Education Guidelines for Local Authorities 2007 |
Non statutory Guidance | Guidelines produced for LA's on home education, [May be radically amended in 2019] | |||
Non statutory guidance to the Pupil registration regulations |
None Statutory Guidance |
England | Link | Guidance on how schools and LA's should apply the Pupil Registration Regulations. | |
UNCRC |
Art 5 | Persuasive power only | UK | Link | primacy of parents |
| art 12 | Persuasive power only | UK | Link | The right of the child to be heard in accordance with their age and maturity [see children act 2004 part 5 s53 above] |
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| Art 16 | Persuasive power only | UK | Link | Right to a private family life | |
| art 18 | Persuasive power only | UK | Link | parental rights common to both parents | |
| Art 28 | Persuasive power only | UK | Link | State Parties recognize the right of the child to education... | |
CAMPBELL AND COSANS v. THE UK 7511/76; 7743 /76 [1982] ECHR 1 (25 Feb 1982) |
Case Law, | UK | Link | Establishes the nature of parental authority with respect to choice of education. Supports s7 Education Act in saying that parents wishes, so far as they are firmly held, worthy of respect in a liberal democracy etc should be followed | |
The Queen on the Application of "G"(by his father & litigation friend "R.G") and Westminster City Council 25 November 2003 |
Case Law, | ? | Section 19 definition of "Otherwise" used in this paragraph, does NOT apply to EHE "22. This meaning of ‘otherwise’ is one that makes sense. If the local education authority has arranged for the provision of education which is suitable for a child and which it is reasonably practicable for the child to enjoy, it would not seem logical that the authority should be under a duty to provide alternative suitable education, simply because, for one reason or another, the child is not taking advantage of the existing facility." | ||
R v Gwent County Council Court of Appeal (civil div) 129 sj 737 10 July 1985 Judge Slade LJ |
Case Law, | England Wales | The right to have reasonable time to set up provision and to correct any report should there be errors of fact. "Essentially the duty of an education authority in carrying out that function 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, " |
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High Court of Justice, Queens bench div. Administrative Court Thursday, The Strand, 30th January 2003 DM & KC V Essex County Council Justice Henriques |
Case Law, | ? | "I have concluded on the totality of the evidence that the Essex programme does purport to impose a responsibility upon parents to participate in the delivery of the programme. Expressions such as "help the parents implement the agreed programs", "a specialist teacher can help you design a programme for your child", "to enable them to implement the professional advice and planned programs in the home" and "to support G's parents to develop and deliver her programme" all point to a regime in which parents are required not only to participate, but to formulate and deliver the programme. Everything I have read points to the parents being given the obligation to which I have referred, supported only by the professionals. That is quite permissible, and would meet G's needs if there were parental consent to such a regime. There is not. Accordingly, I conclude that the LEA has failed to fulfil its statutory duty to arrange appropriate provision, and accordingly the tribunal has erred in law." "if an obligation is placed upon the parents to implement procedures, then such an obligation is unlawful." | ||
R v Surrey Quarter Sessions Appeals Committee, ex parte Tweedie 1963 |
Case Law, | England Wales | "...as a general rule an education authority should not, as a matter of policy, insist on inspection in the home as the only method of satisfying themselves that children were receiving efficient full time education, " | ||
1980 Phillips v Brown, Divisional Court (20 June 1980, unreported) |
Case Law, | England Wales | "LA's may "ask the parents for information" regarding what provision the parents are making for the child Of course such a request is not the same as a notice under s 37(1) of the Education Act 1944 and the parents will be under no duty to comply. However it would be sensible for them to do so. If parents give no information or adopt the course adopted by Mr Phillips of merely stating that they are discharging their duty without giving any details of how they are doing so, the LEA will have to consider and decide whether it "appears" to it that the parents are in breach of s 36. In this context there is no reason why it should necessarily accept the parents' view ‑ opinions differ on what has to be done in discharge of the duty ‑ and if the parents refuse to answer, it could very easily conclude that prima facie the parents were in breach of their duty..." | ||
Harrison v Stevenson Worcester Crown Court 1981 |
Case Law, | England Wales | The appellants' children are, and have been, allowed to follow their own interests and to investigate subjects largely of their own choice without restriction. They have not, however ‑ so we think ‑ been simply left to their own devices. The overwhelming impression left by the evidence is that the children are always engaged in concentrated and creative activity or study, and that idleness or ineffectiveness would simply not be tolerated. On the evidence, we conclude that, despite the lack of formulation or structure, these children have received and are receiving education capable of informed description as the autonomous method, which can properly be described as systematic and which is certainly "full-time". | ||
1985 Regina v Secretary of State for Education and Science Ex parte Talmud Torah Machzikei Hadass School Trust. Lord Justice Woolf presiding |
Case Law, | England Wales | Report: Times April 12th 1985 | Education provided by a school catering for the special provision and characteristics of a minority sect within the community would be suitable within the meaning of sections 71 and 76 of the Education Act 1944 [s7 Education act 1996] if it primarily equipped a child for life within the community of which he was a member rather than the way of life in the country as a whole as long as it did not foreclose the child’s option in later years to adopt some other form of life [if] he wished to do so. | |
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