Inclusion and Pupil Support: National Assembly for Wales Circular 47/2006,  Section 6: Elective Home Education [.pdf 87KB]

 

Section 6: Elective Home Education

1. Introduction

1.1 Elective home education is where parents or guardians decide to provide

home-based education for their children 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.

 

1.2 These 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.

 

1.3 This section is split into the following parts:

• Removing a pupil from the school admission register

• Working with home educators

• Assessing the efficiency of education provided by a parent

• Independent school status

• Child welfare

• Children with special educational needs

• Other issues

 

1.4 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.

 

1.5 A significant number of parents choose to exercise their right to

educate their children at home. They may do so for a variety of reasons.

The reasons themselves should not have any bearing on the LEA’s treatment

of families since the LEA’s prime interest lies in the parents’ educational

provision for their children. The following examples are common,

but not exhaustive:

• distance or access to a local school;

• religious or cultural beliefs;

• philosophical or ideological views;

• as a short term intervention for a particular reason;

• dissatisfaction with the system; and

• a child’s reluctance or inability to go to school.

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 review of its provision.

 

2. Removing a pupil from the school admission register

2.1 Parents whose children are registered pupils at a school must ensure

that their names are removed from the school admissions register when

they withdraw them from school to home educate. If they do not do so

they may be liable to prosecution for failing to ensure their child’s regular

attendance at the school where they are registered. Under the Education

(Pupil Registration) Regulations, 1 995, parents are required to inform

schools in writing that they are educating their children at home.

 

The legal background

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.

 

Parents have a right to educate their children at home providing that

they fulfil the requirements of Section 7 of the Education Act, 1996 which

places a duty on the parents of every child of compulsory school age to

cause him or her to receive efficient full-time education suitable to their

age, ability and aptitude, and to any special educational needs that they

may have, either by regular attendance at school or otherwise.

 

Under Section 437 of the Education Act 1996, an LEA must by law serve

a School Attendance Order (SAO) on the parent of a child of compulsory

school age who fails to prove that the child is receiving suitable education

and where the authority is of the opinion that the child should attend

school. This duty applies equally in relation to all children, regardless of

whether or not they have previously attended a local authority school

in the area. The definition of suitable education is the same as that

contained in Section 7 of the Education Act 1 996 as described above.

The SAO specifies the school (or Pupil Referral Unit) that the child should

attend. Failure to comply with an SAO is an offence, unless the parent

can demonstrate that the child is receiving suitable education otherwise

than at school. The order itself has a specified legal format - see the

Education (School Attendance Order) Regulations 1 995 and further

information on SAOs in Part 5 of this Section.

 

2.2 Immediately the school receives such a letter, the name of the child

must be removed from the admissions register. The school (including those

in the independent sector) must make a return (giving the child’s name and

address) to the LEA within 1 0 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.

 

2.3 On no account should pressure be put on parents to remove their

pupils from the school register to avoid exclusion or prosecution.

 

2.4 There is no general requirement for parents to inform LEAs of the fact

that they intend to educate at home. This makes it particularly difficult for

LEAs to keep track of certain groups of children, for example:

• those who have never attended a maintained school;

• those who have never attended a maintained school in that

authority’s area;

• those who have finished primary education in one school

but have not started secondary education in another; and

• those where the school they have been attending has closed.

 

2.5 In order to ensure that they are aware of cases where children and

young people are not receiving any education LEAs will need to continue

to develop information-sharing processes with local partners such as

Careers Wales, health organisations and social services departments.

They will also need to ensure that they are part of national data sharing

exercises, such as the Lost Pupils’ Database (see Section 5).

 

2.6 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 are included in Part 6 of this Section. In these cases the LEA should

immediately refer these concerns to the appropriate statutory authorities

using established protocols.

 

2.7 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.

 

Flexi-schooling

2.8 ‘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. Further details are

contained in Section 4 of this guidance.

 

3. Working with home educators

Developing effective relationships

3.1 Education authorities should seek to build effective relationships with

home educators that function to safeguard the educational interests and

welfare of children and young people. Doing so will provide parents with

access to any support that is available and allow authorities to understand

the parents’ educational provision. A positive relationship will also provide

a sound basis if the child, at some point in the future, returns to mainstream

education or if the authority is required to investigate assertions from any

source that an efficient education is not being provided.

 

3.2 Education authorities should 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 the relevant legislation and a range of educational

philosophies. The named contact’s role could include liaising on a regular

basis with already-established local groups of home educators or developing

new groups where these don’t already exist.

 

3.3 It may also be helpful in developing positive relationships for

the contact person 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’

or in some cases ‘exclusions officer’.

 

3.4 It is recommended that LEAs should also have a written policy

statement on home-educated children and their families which has been

prepared in consultation with home educating families and are 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.

 

Initial contacts

3.5 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. The child should 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.

 

3.6 Any initial meetings or other forms of discussion should be taken as

an opportunity to provide information for the parents or guardians. 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). If meeting

in person is not possible LEAs should endeavour to provide the same

information through the post.

 

3.7 Following any initial contact with parents, a report should be prepared

by the authority, setting out any recommendations that have been discussed

and made, with the reasons for them. The report should be copied to the

parents, and where appropriate, the child. In exceptional cases, where there

is a reasonable concern that a passage in the report might cause serious

harm to the physical or mental health or condition of the applicants or

a named third party, consideration should be given to withholding that

part of it. In doing so authorities will need to comply with freedom of

information and data protection principles.

 

Ongoing monitoring

3.8 There is no legal framework for the LEA to regularly monitor provision

of home education, however such an arrangement is likely to help the LEA

to fulfil their duties and can help provide new information and support

to parents. The frequency with which an authority will contact parents to

discuss their ongoing home education provision will vary depending on the

individual circumstances of each family.

 

3.9 It is recommended that the authority should ordinarily make contact

on an annual basis. Contact with the family should normally be made in

writing and should seek a meeting or request an updated report. A report

should be made after such contact and copied to the family stating whether

the education authority has any concerns about the education provision.

Any telephone communication should be followed up with a written

confirmation of what had been discussed and agreed.

 

3.10 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.

 

3.11 Authorities need to take account of the fact that parents may

educate their children in a wide variety of environments and not

simply in the home. Where the education is taking place in the home,

LEAs should, where possible, and without placing undue pressure on

parents, seek agreement to see the provision at first hand as the learning

environment can have a strong bearing on the effectiveness of learning.

Seeing the child responding to the educational provision of the parents may

provide a strong indication that efficient education is being provided.

 

3.12 The authority does not however have the right to insist on seeing

education in the home and 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 authority officer to visit. However, 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.

 

3.13 Where LEAs are not able to visit homes they 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, meet at another venue such as a library or café or provide

evidence in some other appropriate form.

 

Review

3.14 Authorities should 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.

 

Providing information and support

3.15 Although authorities are not legally obliged to provide any resources

for young people educated at home, choosing to do so, particularly

where there are minimal resource implications, will help develop positive

relationships. This might include:

• providing general advice and information;

• allowing access to learning centre resources;

• allowing access to school for health services such as vaccinations;

• allowing access to school resources where feasible;

• facilitating access to any discounted rates for educational materials;

• providing access to local authority owned community and

sports facilities;

• facilitating access to Careers Wales and work experience;

• providing assistance with identifying exam centres willing to accept

external candidates;

• facilitating under-16 access to vocational and other courses at

further education colleges; and

• facilitating access to CRB checks or approval schemes for tutors.

 

3.16 Authorities should also inform home educating families of any

projects or programmes, such as Out of School Hours Learning (OSHL)

or Study Support, whether provided by schools or other organisations,

as they may be able to provide support and a range of activities for children

being educated at home.

 

4. Assessing the efficiency of education provided by a parent

4.1 In their consideration of parents’ provision of education at home,

education authorities 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 significant

role, although not necessarily constantly or actively involved in

providing education;

• an indication that parents have thought through their reasons for

home educating and what they hope to achieve;

• 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 to cater for the interests of the child and

his/her stage of development;

• access to resources/materials required to meet the objectives of

the parents;

• the opportunity to interact with other children and other adults;

• the involvement of Careers Wales at an appropriate stage; and

• development of numeracy and literacy skills suitable to the child’s

age, aptitude and ability and taking into account any special

educational needs that they may have.

 

4.2 There is no legal definition of “full-time”. This measurement of

‘contact time’ is not relevant to home education where there is far more

one-to-one contact and where education takes place outside ‘normal school

hours’ and where 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 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.

 

4.3 When assessing the efficiency and suitability of education provided

through home education, local education authorities should take into

account that 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 provisions that are responsive to the

developing interests of their child. One approach is not necessarily any

more efficient than another. Although some parents may welcome general

advice and suggestions about resources, methods and materials, education

authorities are not able to specify a curriculum which parents must follow.

 

4.4 If an assessment is undertaken at an early stage of provision,

account will need to be taken of the fact that parents and their children

might require a period of adjustment before finding their preferred mode

of learning.

 

4.5 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 their providing some indication of their objectives

and resources.

 

4.6 The approach home educating parents take to assessing their child’s

progress is likely to be dictated by their own philosophy or views, and in

many cases, the absence of formal assessment may be a feature of the

education provision.

 

4.7 There is no legal requirement for children to take a particular set of

qualifications. The internal assessment component of many qualifications

such as GCSEs, for example teacher assessments, can make them difficult

for external candidates to achieve. These are not, however, the only

qualifications which external candidates can take, and LEAs may usefully

offer parents and their children information about alternative qualifications

and the arrangements that they would need to make for the children

to take them. LEAs should also inform parents and, where appropriate,

their children of possible problems that they might encounter if their

qualifications are not sufficiently recognised by employers, or further or

higher education establishments. When offering advice it should be borne

in mind that the opposite may also be true in that some employers and

admissions staff may favour home education.

 

4.8 Authorities are not required to meet any costs associated with external

candidates taking examinations or other qualifications. They may however,

at their discretion, choose to make available any resources or support that

they can offer.

 

Dealing with inadequate provision

4.9 Every effort should be made to resolve issues about provision

by a process of ongoing dialogue before any formal proceedings are

invoked. If, on considering the educational provision, there are doubts

as to whether provision is adequate, the authority may choose to further

investigate whether or not an efficient education is being provided.

If dialogue fails a full written report on the LEA's findings should be made

and copied to the parents promptly, specifying the grounds for concern

and any reasons for concluding that provision is unsuitable.

 

4.10 It may be necessary for the LEA to serve a notice on the parents.

Under Section 437(1) of the Education Act 1 996, LEAs can intervene if

they have good reason to believe that parents are not providing a suitable

education by serving a School Attendance Order. This will allow a period

of at least 15 days for the parent to provide the education authority with

whatever information they require to satisfy themselves about the suitability

of the education. The parent may choose to do this by meeting with the

authority in person, or by supplying the information in writing.

 

4.11 A SAO continues to be in force for as long as the child is of

compulsory school age unless it is revoked. 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 1 989). 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 1 996 (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.

 

4.12 Parents may apply for SAOs to be revoked at any time because

arrangements have been made for the child to receive education otherwise

than at school. The LEA must comply with this request unless these

arrangements are not suitable.

 

5. Independent school status

5.1 Some groups of pupils educated by parents on premises outside their

home are classified as independent schools. This would be the case under

the following circumstances:

• The provision is full-time, and

either:

• there are 5 or more pupils of compulsory school age (i.e. 5 - 1 6) or

• at least one pupil of compulsory school age has a statement of

special education needs or

• at least one pupil or is looked after by a local authority.

5.2 Establishments falling within these criteria are required to seek

registration with the National Assembly for Wales. As part of that

registration, schools will be required to meet and continue to meet

a number of prescribed statutory standards relating to:

• the quality of education (including work-related);

• the spiritual, moral, social and cultural development of pupils;

• the health welfare and safety of pupils;

• the suitability of proprietors and staff;

• the premises and accommodation;

• the provision of information; and

• the manner in which complaints are handled.

 

5.3 The National Assembly for Wales requires Estyn to inspect all

independent schools in Wales under the revised Common Inspection

Framework introduced in September 2 004. All independent schools can

anticipate at least one inspection within the current 6-year inspection cycle

although the National Assembly may request more frequent inspections.

 

6. Child welfare

6.1 As stated earlier, a parent’s decision to home educate is not in itself

grounds for concern about the welfare of children. However, as with

school educated children, child welfare issues may arise in relation to

home-educated children. If any child welfare concerns come to light in the

course of engagement with children and families, these concerns should

immediately be referred to the statutory authorities for consideration.

The local education authority’s nominated child protection officer can

provide more detailed advice on the local protocols and procedures in place.

 

6.2 Concerns may arise where a parent states their intention to

home educate. Specific instances where advice from the local social

services department would be appropriate on the suitability of home

education include:

• where a child or family member has been identified as being

in need;

• where a child or family member has been referred to social

work or the police for child protection reasons, and the matter

is being investigated;

• where a child or a sibling is on the child protection register;

• where a child or family member has been referred on care and

protection grounds, and the referral is being considered;

• where the child is the subject of a supervision requirement.

LEAs may also apply to the Court for a child assessment under the

Children Act 1 989 if they have reasonable cause to do so.

 

6.3 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 they

engage are suitable persons to have access to children. Guidance on

key issues to consider in appointing individuals who work with children

is set out in National Assembly for Wales Circular 34/02: Preventing

Unsuitable People From Working With Children and Young Persons in

the Education Service. This cannot be considered exhaustive and it is for

individual employers to satisfy themselves on issues of suitability.

 

6.4 There may be occasions where parents who choose to educate

their children at home organise group events with like-minded parents.

It is important that they are aware of the mechanisms for drawing child or

adult welfare concerns to the statutory authorities. Local education authority

nominated child protection officers’ should ensure when promoting their

role that their details are not limited to schools within the maintained sector.

 

7. Children with special educational needs

7.1 Parents’ right to educate their child at home applies equally where

that child has special educational needs (SEN). The fact that a child has

special educational needs is not, in itself, a reason to question parents’

decision to educate at home. Additional considerations do, however, apply.

 

7.2 Where a child has a statement of special educational needs and

is educated at home by the parents the statement does not automatically

cease. While the statement is maintained it must be reviewed annually,

following the procedures set out in Chapter 9 of the SEN Code of Practice

for Wales. In many circumstances the child’s special educational needs

identified in the statement will have been related to the school setting and

the child’s needs may be readily met at home by the parents without LEA

supervision. It may be appropriate, once it is established that a child’s special

needs are being met without any additional support from the LEA to give

consideration to ceasing the statement, if the parents agree. This may be

done at the annual review or at any other time.

 

7.3 The parents must make suitable provision for the child’s special needs,

but due to the change in the child’s educational setting, this provision may

be different from that outlined in the statement which would apply in

a school setting. Parents need only provide an efficient education suitable

to the child’s age, ability and aptitude, and to any special educational needs

the child may have as defined in Section 7 of the Education Act 1996.

 

7.4 If the parents’ arrangements are suitable, then the LEA is relieved

of its duty to arrange the provision specified in the statement. If, however,

the parents’ arrangements for the education of their child at home fall short

of meeting the child’s needs, then the parents are not making suitable

arrangements and the LEA are not absolved of their responsibility

to arrange the provision in the statement. In some cases a combination

of provision by parents and the LEA may best meet the child’s needs.

 

7.5 In the case of home educated children Section 324(4A) of the

Education Act 1996 does not require the name of a school to be provided

in Part 4 of the statement. There should be discussion between the authority

and the parents and, rather than the name of the school, Part 4 of the

statement should mention the type of school the LEA consider appropriate

but go on to say that: ”parents have made their own arrangements under

Section 7 of the Education Act 1 996”. The statement can also specify any

provision that the LEA have agreed to make under Section 319 to help

parents provide suitable education for their child at home.

 

7.6 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 so that the LEA can ensure extra support and a smooth transition in

accessing services. There should however be no delay in removing the

child’s name from the register. It may then be appropriate to amend Part 4

of the child’s statement at the next review.

 

8. Other Issues

Education Maintenance Allowance

8.1 Education Maintenance Allowance is a means-tested grant available to

learners over the age of 1 6, 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

8.2 Guidance on Truancy Sweeps is contained on the Welsh Assembly

Government’s web pages on Inclusion and Pupil Support. Those taking

part in the sweeps, including police officers, 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 are not required to be at school.

 

8.3 No further action should be taken where children indicate that they

are home educated unless there is a reason to doubt that this is the case.

Home-educating parents need to be made aware that professionals involved

in truancy sweeps may need to verify any information given to them

in these circumstances. 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.

 

 

Christian Home School: www.homeschool.co.uk

Education Otherwise Association Limited: www.education-otherwise.org

Home Education Advisory Service: www.heas.org.uk

Home Education UK: www.home-education.org.uk

Home Education Resources: www.home-education-resources.co.uk

Muddle Puddle - an independent site focusing on learning

for 0-8 year olds: www.muddlepuddle.co.uk

The Home Service - a national Christian home education group:

www.home-service.org

National Assembly for Wales, 2 002, Special Educational Needs Code

of Practice for Wales

National Assembly for Wales 34/02: Preventing Unsuitable People

From Working With Children and Young Persons in the Education Service

Welsh Office Circular 52/95, Protecting Children from Abuse:

The Role of the Education Service