Summary of the law relating to home education in England and Wales.

School is not Compulsory

In England and Wales parents have the primary responsibility for ensuring that their children receive an effective education. Although this responsibility is usually delegated to schools, some parents choose to exercise it directly by providing an education based at home.

The following is a summary of some of the legal responsibilities of parents and local education authorities in relation to elective home education of children of compulsory school age.

Parental Responsibilities

Responsibility to Ensure a Suitable Education

The responsibility of parents is clearly established in section 7 of the Education Act 1996 (previously section 36 of the Education Act 1944):

The parent of every child of compulsory school age shall cause him to receive efficient full-time education suitable:

1. to his age, ability and aptitude, and
2. to any special educational needs he may have, either by regular attendance at school or otherwise.

Definition of Suitable Education

An interpretation of some terminology used in the Education Act 1944 (replaced by the 1996 Act) was provided by an appeal case which was brought at Worcester Crown Court in 1981 (Harrison & Harrison v Stevenson). In this case, the judge defined a ‘suitable education’ as one which was such as

1. to prepare the children for life in modern civilised society, and
2. to enable them to achieve their full potential.

The diversity of modern society and styles of education give parents considerable freedom of choice in enabling children to achieve their potential. In the case of R v Secretary of State for Education and Science, ex parte Talmud Torah Machzikei Hadass School Trust (1985) (Times, 12 April 1985) Mr Justice Woolf held that:

education is ‘suitable’ if it 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.

Examining the meaning of the expression full-time shows the hours spent on teaching in schools are not relevant to home education, which generally takes place on a one-to-one basis, or in small groups, in very different conditions.

Provided the child is not a registered pupil at a school, the parent is not required to provide any particular type of education, and is under no obligation to

• have premises equipped to any particular standard
• have any specific qualifications
• cover the same syllabus as any school
• adopt the National Curriculum
• make detailed plans in advance
• observe school hours, days or terms
• have a fixed timetable
• give formal lessons
• reproduce school type peer group socialisation
• match school, age-specific standards
• seek permission to educate 'otherwise'
• take the initiative in informing the LEA
• have regular contact with the LEA

LEA Duties

Enquiries about Educational Provision

Sections 437 to 443 of the Education Act 1996 place a duty upon local education authorities to take certain actions if it appears that a child is not being properly educated.

If it appears to a local education 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. (s 437 (1))

The LEA’s legal duty is concerned solely with children who appear not to be receiving suitable education. There is no implication that an LEA should be active where it appears that a child is receiving suitable education at home. Nowhere in the act is it stated that regular monitoring of suitable education is a legal responsibility of the LEA.