Suffolk County Council Children and Young People s Service Elective Home Education (EHE) Procedures Should you wish to contact the team please email the EHE Business Support Officer at ehe@suffolk.gov.uk. Next review: January 2018 Page 1 of 8
Contents 1. Introduction 2. The law relating to elective home education 3. Parental rights and responsibilities 4. Local authority (LA) responsibilities and outline of procedures 5. Children with special educational needs (SEN) 6. Withdrawal from school to electively home educate 7. Safeguarding 8. Reviewing procedures and practices 9. The Suffolk EHE Team 10. Contact Details Next review: January 2018 Page 2 of 8
1.0 Introduction 1.1 Elective home education (EHE) is the term used by the Department for Education (DfE) to describe parents decisions to provide education for their children at home instead of sending them to school. This is different to, and should not be confused with, Home Tuition which is education provided by a local authority (LA) for pupils who, for a variety of reasons, are unable to attend school. 1.2 The purpose of this document is to set out the current legal position and to outline Suffolk County Council s procedures. 1.3 These procedures relate to elective home education of children/young people of compulsory school age. 1.4 In compiling this document the LA has drawn on the most recent information and guidance provided by the DfE: Elective Home Education: Guidelines for Local Authorities (2007, as amended in March 2013 in respect of flexi-schooling) Special educational needs and disability code of practice: 0 to 25 years (January 2015) Understanding and dealing with issues relating to parental responsibility (January 2016) 2.0 The law relating to elective home education 2.1 The responsibility for a child s education rests with their parents. In England, education is compulsory, but school is not. The vast majority of parents meet their statutory duty by sending their children to school. A relatively small number of parents exercise their right to educate their children at home. In education law parent is defined in Section 576 of the Education Act 1996 as: all natural (biological) parents, whether they are married or not; any person who, although not a natural parent, has parental responsibility for a child (this could be a step-parent, guardian or other relative); any person who, although not a natural parent, has care of a child. This is where they are a person with whom the child lives and who looks after the child, irrespective of what their relationship is with the child. 2.2 Parents have a duty to secure an appropriate full-time education for their children. Some parents choose to do this by educating their child at home. Section 7 of the Education Act 1996 provides that: The parent of every child of compulsory school age shall cause him to receive efficient fulltime 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. 2.3 An efficient and suitable education is not defined in the Education Act 1996 but efficient has been broadly described in case law 1 as an education that achieves that which it sets out to Next review: January 2018 Page 3 of 8
achieve, and a suitable education is one that primarily equips a child for life within the community of which he is a member, rather than the way of life in the country as a whole, as long as it does not foreclose the child's options in later years to adopt some other form of life if he wishes to do so. 1 Mr Justice Woolf in the case of R v Secretary of State for Education and Science, ex parte Talmud Torah Machzikei Hadass School Trust (12 April 1985) 2.4 There is currently no legal definition of full-time education. Children normally attend school for between 22 and 25 hours a week for 38 weeks of the year, but this measurement of contact time is not relevant to elective home educating families where there can be almost continuous one-to-one or small group contact and education may take place outside normal school hours. 3.0 Parental rights and responsibilities 3.1 Parents, as defined above, may decide to exercise their right to home educate their child from a very early age and so the child may not have been previously enrolled at school. They may also elect to home educate at any other stage up to the end of compulsory school age. Parents are not required to register or seek approval from the LA to educate their children at home, except where the child has a Statement of Special Educational Needs or Education Health and Care Plan (EHCP) which names a special school as the required placement (see 5.4 below). However, the LA does encourage parents to contact them so that information and a Parental Confirmation of Elective Home Education form can be sent to them. 3.2 Where a child has been registered at school, parents are required to notify the school in writing when withdrawing a child for EHE. This is to confirm that provision is being made for the child's education otherwise than at school and requesting removal from the school s roll (see section 6 for more detail). 3.3 Consent of the LA is required to de-register pupils placed at a special school under arrangements made by a LA (see section 5.3.) Where a child is registered at a school as a result of a school attendance order parents must ask the LA to revoke the order. 3.4 The type of educational activity can be varied and flexible. It is recognised that home educating parents are not required to: teach the National Curriculum provide a broad and balanced curriculum have a timetable have premises equipped to any particular standard set hours during which education will take place have any specific qualifications make detailed plans in advance observe school hours, days or terms give formal lessons mark work done by their child formally assess progress or set development objectives reproduce school type peer group socialisation match school-based, age-specific standards. 3.5 In line with the most recent guidance from the government (DCSF, 2007 & 2013) we would expect parents provision of education at home to include the following characteristics: Next review: January 2018 Page 4 of 8
consistent involvement of parents or other significant carers recognition of the child s needs, attitudes and aspirations opportunities for the child to be stimulated by his or her learning experiences access to resources/materials required to provide home education for the child. 3.6 The LA accepts that in the early stages, parents may not yet be in a position to respond fully to enquiries. In such cases, a reasonable timescale for responding will be agreed with the parents. 3.7 Suffolk County Council recognises that there are many, equally valid, approaches to educational provision. What is suitable for one child may not be for another, but all children should be involved in a learning process. 3.8 Parents who choose to electively home educate assume full financial responsibility for their child s education, including the cost of any public examinations. Suffolk County Council does not provide any financial support for parents who choose to electively home educate their child. 4.0 Local authority responsibilities and outline of procedures 4.1 Local authorities have no statutory duties in relation to monitoring the quality of home education on a routine basis. However, Suffolk County Council initially contacts all parents of electively home educated children and asks them to provide any information they are prepared to share about the EHE provision in place for their child. Parents are under no duty to comply and are not under any duty to respond to requests for information at any stage. EHE Consultants are available to discuss educational arrangements, answer questions or queries parents may have and offer any advice considered appropriate. Some parents are happy to be visited at home, but, if preferred, the visit can take place at a neutral venue, with or without the child being present. 4.2 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 being made. Parents might prefer, for example, to write a report, provide samples of work, have their educational provision endorsed by a third party (such as an independent home tutor) or provide information in some other appropriate form. 4.3 The LA also contacts parents annually. This contact is to offer advice/information and request confirmation of continuing EHE and an update on the child s current provision. Again, the LA acknowledges that parents are not under any duty to respond to requests for information. 4.4 Some parents request more frequent contact and are free to get in touch with the EHE team for information/advice. 4.5 As stated in 4.1, local authorities have no statutory duties in relation to monitoring the quality of home education on a routine basis. the LA does not have powers to enter the homes of, or otherwise see, children for the purposes of monitoring the provision of elective home education. There is no requirement/obligation for local authorities to ascertain the child's wishes about elective home education as it is not a service provided by the LA. Local authorities do not have a duty to satisfy themselves that all electively home educated children are receiving an appropriate/suitable education (as described in Section 7 of the Education Act, 1996). Next review: January 2018 Page 5 of 8
4.6 However, should concerns be raised regarding the EHE provision, or information comes to light that makes it appear the EHE is unsuitable, then the LA will reasonably expect parents to respond and address the concerns raised. Again, the parents are not under any duty to respond to requests for information at any stage, but there may be consequences should they refuse at this point. 4.7 Under Section 437(1) of the Education Act 1996, local authorities can intervene if it appears that parents are not providing a suitable education. This section of the act states that: 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/her to satisfy them within the period specified in the notice that the child is receiving such education. 4.8 Section 437(2) of the Education Act 1996 specifies that this period shall not be less than 15 days beginning with the day on which the notice is served. 4.9 Prior to serving a notice under Section 437(1) of the Education Act 1996 the LA would aim to address the situation informally. If the LA has information that makes it appear that parents are not providing a suitable education, the most obvious course of action would be to ask parents for further information about the education they are providing. Such a request is not the same as a notice under section 437(1), and is not necessarily a precursor of formal procedures. Parents are under no duty to respond to such enquiries, but as case law suggests it would be sensible for them to do so 2. 2 Phillips v Brown (1980) 4.10 A school attendance order should be served after all reasonable steps have been taken to try to resolve the situation. However, Section 437(3) of the Education Act 1996 states that: If a) A parent on whom a notice has been served under subsection (1) fails to satisfy the local authority, within the period specified in the notice, that the child is receiving a suitable education, and b) In the opinion of the authority it is expedient that the child should attend school, the authority shall serve on the parent an Order (referred to in this Act as a school attendance order ), in such a form as may be prescribed, requiring him/her to cause the child to become a registered pupil at a school named in the Order. 4.11 Parents can appeal against a School Attendance Order and the Order can be withdrawn if the LA receives information demonstrating parental commitment and the child being electively home educated is receiving a suitable education. 4.12 The EHE team form a panel that meets fortnightly to review complex cases and agree next steps. 4.13 The EHE Team may escalate standard procedures if they are in receipt of information expressing concerns about the suitability of educational provision for children and young people. Next review: January 2018 Page 6 of 8
5.0 Children with Special Educational Needs (SEN) 5.1 Under Section 7 of the Education Act 1996, parents have the right to educate children, including children with SEN, at home. Home education must be suitable to the child s age, ability, aptitude and SEN. Local authorities should work in partnership with, and support, parents to ensure that the special educational needs of these children are met where the LA already knows the children have SEN or the parents have drawn the children s SEN to the authority s attention. 5.2 Where they have one, the LA remains under a duty to maintain the child s Statement of Special Educational Needs or Education Health and Care Plan which will continue to be reviewed annually via the statutory annual review process. We would expect parents to be involved in the review process. However, it is not mandatory to see the child or the home as part of the review. Where parents wish for only minimal contact and there are no other concerns, the annual review can serve as the annual meeting for EHE purposes. Parents do not have to arrange provision detailed in the Statement of SEN or EHCP, but do have a duty to provide an education suitable to their child's age, ability and any special educational needs. 5.3 If, for whatever reason, parents do not engage with the LA to inform how they intend to meet their child s special educational needs the LA may consider either: ceasing the Statement of SEN or EHCP; or issuing a Notice to Satisfy and potentially a School Attendance Order. 5.4 Where a child is placed at a special school under arrangements made by the LA, the LA has to consent to the pupil being electively home educated. The pupil will remain on the roll of the special school until such time as consent is given. 6 Withdrawal from school to electively home educate 6.1 The school must delete the child s name from their admissions register upon receipt of written notification from the parents that the pupil is receiving elective home education. However, schools should not wait for parents to give written notification that they are withdrawing their child from school before advising the LA. Schools must make a return (giving the child s name, address and the ground upon which their name is to be deleted from the register) to the LA as soon as the ground for deletion is met and no later than deleting the pupil s name from the register. They should also copy parents into the notice to the LA. 6.2 If a child is registered at a school as a result of a school attendance order the parents must get the order revoked by the LA on the ground that arrangements have been made for the child to receive suitable elective home education, before the child can be deleted from the school s register and educated at home. 6.3 Schools must not seek to persuade parents to educate their children at home as a way of avoiding an exclusion or because the child has a poor attendance record. In the case of exclusion, they must follow the statutory guidance. If the pupil has a poor attendance record, the school and LA must seek to address the issues behind the absenteeism and use the other remedies available to them. 7 Safeguarding 7.1 Local authorities also have a duty under section 175(1) of the Education Act 2002 to safeguard and promote the welfare of children. This section states: Next review: January 2018 Page 7 of 8
LA shall make arrangements for ensuring that their education functions are exercised with a view to safeguarding and promoting the welfare of children. 7.2 Section 175(1) does not extend local authorities functions. It does not, for example, give local authorities powers to enter the homes of, or otherwise see, children for the purposes of monitoring the provision of elective home education. 7.3 The threshold for intervening in a family where a child is being electively home educated should be the same as that for any other child or family where there are clear evidenced concerns about a child s welfare. The fact that a parent has exercised their right to home educate should not prevent the LA from intervening where concerns about a child s welfare have been identified. 8 Reviewing procedures and practices 8.1 Suffolk will review these guidelines annually. 9 The Suffolk EHE Team 9.1 The EHE team is comprised of three (0.5 FTE) EHE Consultants within Suffolk County Council s Directorate for Children and Young Peoples Services. 9.2 Where possible, the EHE team will explore the options for access/signposting children and their parents/carers to other educational services and facilities, within our available resources. 9.3 EHE consultants understand that there is no one 'correct' educational system. All children learn in different ways and at varying rates. It is vital that parents and children choose a type of education that is right for them, and it is important that EHE officers understand and are supportive of many differing approaches or ways of educating which are all feasible and legally valid. 9.4 The role of the EHE team is not to tell parents how to educate their children or to promote registration at school. It is to respond to concerns where a child is not receiving a full-time education suitable to his or her age, ability, aptitude and SEN; and when appropriate provide support and information for parents. 10 Contact Details 10.1 The Elective Home Education Team can be contacted by using the details below: Elective Home Education Business Support Children and Young People s Services Suffolk County Council Endeavour House 8 Russell Road Ipswich IP1 2BX Telephone: 01473 265139 Email: ehe@suffolk.gov.uk Next review: January 2018 Page 8 of 8