Home Schooling & The Law
What Do I Need To Know
This is what the government’s website (direct gov) says about educating your child at home:
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"Whilst education is compulsory - attendance at a school is not. The Education Act 1996 states "It is the duty of the parent to secure an appropriate full time education" it does not say it has to be in a state provided school. The parent needs not to be a qualified teacher but they may need and will benefit from having a qualified teacher involved. Therefore, parents can chose private education, they may chose to employ a private tutor or a peripatetic teacher, they may make arrangements to plan and teach in small groups with other home educators or they may use a distance learning course provider."
This means that as the parent you need to:
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You need to write to the school (including a Special Educational Needs Provision School) where your child has a place and tell them that you are taking your child out.
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You need to meet any special needs your child has, this means that you need to show that you are adapting the maths and English you are providing.
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The educational lessons do not need to observe school hours, days or even term times - but it does help if you do.
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You do not need a fixed timetable - but it helps if you do.
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There is no Government money for homeschoolings. The only people paying are you the parents.
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Some Inclusion teams and Educational Welfare Officers sometimes will provide limited advice.
The Role of Your Local Authority
Your local Education Inclusion Teams are meant to make contact with homeschool families and inspect the homeschooling you are providing for your child.
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Get in to the practice of keeping a diary every day, record the education that is taking place as it happens.
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Here at Orchard Training we can help you provide the evidence that you are doing just that. As long as your child has been with us for over a term we are able to write a report confirming how much of the Maths and English National Curriculums they have covered.
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If the Education Inclusion Teams are not happy with the evidence you provide they can serve a legal notice to return to school and or fine parents.
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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 as many different types of education. It really doesn't matter if you use the National Curriculum to guide you or not. Some homeschool children learn much better by doing the science experiment, going to see the historical place or trundling along the beach to see the rocks in the cliffs before they understand the geography. Many topics in school are all to paper based and that does not always inspire.
Not all parents have the patience or many be the time or all of the skills to teach their children. Many parents found this to be true under the Covid Lockdowns, so it is important to bring in teachers or tutors who can teach and pass on skills that you can't: be that flying lesson on the way to be a pilot or show jumping or anything else. As long as your child is learning that is fine!
You need to aim to provide about approximatly 25 hours a week for 40 weeks of the year of homeschool education. This time includes exercise, cooking, reading, writing, spellings, maths but can include art, design and technology etc.
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What you must be able to prove to the Education Inclusion Teams that the education is set at the right age for your child. However, if you child has special edcuational needs you need to adjust this either up or down depending upon your child's needs. That you are doing enough hours and what you are teaching is appropriate to the child's age and interests.
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What Is Meant By Efficient, Suitable And Full Time Education?
What your child is learning needs to support your child reach their full potential and this is seen as they can function as an adult in the wider community. It must not shut down opportunities like college or university or entry in to work. Parents must also be mindful that children do grow up and they may not hold the same rules or values as their parents, they may wish to move away from their childhood community in to another. The homeschool education you provide must not be delivered in such a way that they are unable to leave if they choose to.
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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 will aim to help you overcome the shortfall, however if you are not able to offer your child the right homeschool education environment and learning you may find that you are asked to return your child to school. this may be done nicely or with the force of the law behind that instruction.
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Your child may return to school at any time, you need to contact your local authority to ask about school places near you.
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