Home Schooling & The Law
What Do I Need To Know
Education is compulsory, but going to school is not. The Education Act 1996 says it is the parent’s duty to make sure their child gets a full-time, suitable education. It does not say that this has to be at a state school. Parents do not need to be qualified teachers, but they may find it helpful to get support from one.
Parents can:
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Choose private education.
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Employ a private tutor or teacher.
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Work together with other home educators in small groups.
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Use a distance learning course.
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If you want to home educate, you must:
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Write to the school (including a Special Educational Needs school, if your child attends one) to say you are taking your child out.
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Make sure you meet your child’s special needs. This means showing how you adapt subjects like maths and English.
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You do not need to follow school hours, days, or terms, but it can help if you do.
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You do not need a fixed timetable, but again, it can be useful.
There is no government funding for home schooling. Parents have to pay the costs themselves.
Sometimes Inclusion Teams or Educational Welfare Officers may give limited advice.
The Role of Your Local Authority
Your local Education Inclusion Team may contact families who home educate. They may also want to check the education you are giving your child.
It is a good idea to keep a daily diary. Write down what learning takes place each day as it happens.
At Orchard Training, we can help you show this evidence. If your child has been with us for more than one term, we can write a report. This report confirms how much of the Maths and English National Curriculum your child has covered.
If the Education Inclusion Team is not happy with the evidence you give, they can send a legal notice for your child to return to school. Parents may also be fined.
What Are The Legal Responsibilities of The Parent
"Under section 7 of the 1996 Act it is the parents 'duty' to cause the child to receive efficient full time education suitable to his or her age, ability and aptitude and to provide for any special educational needs the learner may have."
What Does Education At Home Really Mean?
There are many different ways to educate, and many types of education. It does not matter if you use the National Curriculum or not. Some home-schooled children learn better by doing things. For example, they may understand science by doing an experiment, history by visiting a castle, or geography by walking along the beach and looking at the cliffs. School learning is often paper-based, and that does not always inspire children.
Not all parents have the time, patience, or skills to teach every subject. Many found this out during the Covid lockdowns. That is why it can help to bring in tutors or teachers to teach things you cannot—this could be anything from maths, art, and reading to flying lessons or horse riding. As long as your child is learning, that is fine.
You should aim to provide about 25 hours of education each week, for 40 weeks of the year. This time can include exercise, cooking, reading, writing, spelling, and maths. It can also include art, design, and technology.
The Education Inclusion Team may ask for proof of your child’s learning. You must show that the work is at the right level for their age. If your child has special educational needs, you may need to adjust this up or down to fit their needs. You must also show that you are giving enough hours of education, and that the learning is suitable for your child’s age and interests.
What Is Meant By Efficient, Suitable And Full Time Education?
What your child learns should help them reach their full potential and prepare them to live as an adult in the wider world. Education should not close doors to college, university, or work.
Parents also need to remember that children grow up. They may not always share the same rules or values as their parents. They may want to move away from their childhood community to live somewhere else.
Home education should give them the skills and knowledge to make that choice, not stop them from having the option to leave if they wish.
What Will Happen If It Appears A Suitable Education Is Not Being Provided?
"Under section 437 (1) of the Education Act 1996 the Local Authority has a duty to intervene if it appears that parents are not providing a suitable education."
An intervention is meant to help you improve if there are problems with your home education. But if you cannot give your child the right learning and environment, you may be told to send them back to school. This can be asked politely, or it can be enforced by law.
Your child can return to school at any time. To do this, you need to contact your local authority and ask about school places near you.