Archived decisions
Hampshire County Council
Children's Services Department
Education Other Than At School Service
Elective Home Education - Policy Statement and Information for Parents and Carers
Policy Statement:
Elective Home Education is where parents or carers decide to provide home-based education for their children instead of sending them to school. Hampshire County Council, as the local authority with general responsibility for education in its area (LA) recognises that home education is a key aspect of parental choice and is equal, in law, to education provided in school.
Every Child Matters and the Children Act:
The Policy Statement and Information and Guidance for parents seek to support all outcomes of the Every Child Matters agenda, particularly:
Enjoy and Achieve
Make a Positive Contribution
Achieve Economic Well-being
Information and Guidance for Parents and Carers:
The Children's Services Department of Hampshire County Council takes the lead role in working with home educators and children and young people who are being "educated at home" in Hampshire. The Department offers support, advice and guidance to home educating parents, normally through a series of mutually agreed visits although other options are available (see under Frequently Asked Questions - "What will happen now that my child is being educated at home?").
The LA role is set out in Sections 437 to 443 0f the Education Act 1996:
"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))"
We may, therefore, make initial, informal enquiries to ask about the education provision that is being made for a child, within our LA, in accordance with that duty.
Any educational choice should never be taken lightly. Prior to coming to a decision whether or not to home educate you will need to consider the time, resources and energy you will need to put into this important area of your child's life; you may want to involve your child in the decision making process.
Frequently Asked Questions:
We have tried to include some of the questions most frequently asked by parents and carers who are considering home education. Should you require further information, please contact us through the contact details at the end of the booklet.
Why Home Education?
Home Education is an option that parents/carers may consider for their children. The reasons for deciding on this approach are many and varied, as are the styles of education undertaken. For some families it may be a decision based on philosophical, spiritual or religious outlooks; for others it is to meet what they consider to be the specific educational needs of their child. Some children are never registered at school. Others are registered but are then home educated, either for a period of time or permanently. Whatever your own circumstances, staff at the Children's Services Department will be happy to offer support, advice and guidance.
Is it legal to educate my child at home?
Yes. Parents may educate their children at home. Parents' legal duty is set out in Section 7 of the Education Act 1996 as follows:
"The parent of every child of compulsory school age has a legal duty to ensure that he
receives efficient full-time 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"
"Full time" is not defined in the Act and it does not mean home educators are bound by school hours and terms. As guidance, however, children in school receive between 23 and 25 hours of education per week. "Suitable" and "efficient" are not defined either but some legal guidance has been given by the courts. They have said that education is efficient if it is, "achieving that which it sets out to achieve" and it is suitable if it "prepares the child for life in a modern civilised society and enables the child to achieve his full potential".
It is also important to note that parents have a right to educate their children from their own philosophical, spiritual or religious standpoint. The Human Rights Act, 1998, Article 2 of the First Protocol 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 in conformity with their own religious
and philosophical convictions.".
This means that your child can be educated at home by you and/or private tutors. If you are employing private tutors you may want to ensure that they have been checked by the Criminal Records Bureau (CRB). Home education does not have to be identical to school education; no specific curriculum is laid down and the National Curriculum does not have to be followed. You will, however, need to ensure that the education you put in place for your child prepares him/her for life in a modern society and enables him/her to achieve his/her full potential.
If you would like your child to go on to further education or to take public examinations such as GCSEs we would recommend that you follow the relevant curriculum. We have listed three GCSE examination boards in the useful addresses section at the end of the booklet. We would further recommend that you contact them before you begin studies so that you can establish which examination board and syllabus you wish to follow. Children's Services staff can also offer advice in deciding which curriculum to follow. You will also need to make arrangements for an examination centre and coursework assessment.
Do I need to be a qualified teacher to educate my child at home?
No. You need no formal qualifications, nor do you have to employ a qualified teacher to teach your child. You do not have to teach any compulsory subjects (the National Curriculum only applies to schools maintained by the Local Authority).
What and how your child learns is up to you, providing that you can show that the education is efficient, suitable and full-time. There is no one form of education: children learn in many different ways at different times and speeds and from different people. It may be helpful, however, if you are explaining what you are doing, for you to be able to show a long term plan for your child and your ways of fulfilling it.
Will I receive funding for home education?
The simple answer to this question is "no". Please remember that LAs have no legal responsibility or obligation to fund parents or carers who elect to home educate.
You will need to look at the costs which may be involved - equipment, visits, books, tutors etc and plan what you intend to do before home educating. In common with many LAs, Hampshire does not provide direct funding or resources (eg exercise or text books, pens, pencils or paper, home computers, etc) to home educators. The County Council does, through contact with the services mentioned earlier, offer professional advice, support and guidance at no cost to parents. In addition, it might be possible to access some teaching resources at some of the County Council's Education Centres and the Hampshire Library Service has ticket types for home educated children which allow more borrowing. More information on this can be obtained from the Inclusion Manager for your area, contact details for whom can be found at the end of this booklet.
If you do decide to educate at home, you may also want to consider the social side of your child's life, such as contact with other children and people, joint activities, visits and outings and the stimulus of seeing other children's work. You will need to consider how your child's social development can be maintained or extended if he or she is to be educated at home.
What should I do if I am considering educating my child at home?
It may be helpful to talk to one of the Inclusion Managers who will be able to provide further information and advice. If you do decide to educate your child at home it would be helpful to us if you completed the attached form or e-mail link, and return it to the Children's Services Department (although there is no obligation to do this).
If your child is already registered at a school you must, by law, inform the head teacher, in writing, of your intention to de-register your child and educate him/her at home. If you simply remove your child from school, without informing them in writing (just telling the school is not sufficient), you could be prosecuted for non-attendance. The school has a duty to inform the LA of your decision although it will assist us if you do so also. Only if your child already attends a Special School, or is subject to a School Attendance Order, is LA consent for your child's name to be removed from the register required. Consent from the LA may not be unreasonably withheld.
If your child is registered at a school then a decision to home educate may not be the best way of solving a short-term disagreement with a teacher or the school or to overcome an attendance difficulty. It may be possible to resolve these issues with the headteacher or governors at the school or through one of our services (listed in the useful addresses section). Ask the Inclusion Manager for advice if you feel that any pressure is being put on you to take your child out of school to home educate him/her.
If your child has never been registered at a school, there is no need to inform us of your decision to home educate but it would, again, assist us if you did. With new legislation under the Children Act the LA has a duty to identify "children missing from education", so if we know that your child is being home educated then we will know that this is not the case.
What iif my child has a Statement of Special Educational Needs?
Section 7 of the 1996 education Act also applies to parents of children with Special Educational Needs. A Statement of Special Educational Need is a legal document which will name the school that will be providing the education for your child. However, parents can choose the "otherwise" option of Section 7 and deregister their child from the school (unless the child is a pupil at a special school in which case the consent of the LA will be required).
For the duration of the Statement, the LA will need to continue to hold an Annual Review and this will include considering whether the wording of the Statement is still appropriate, and whether the Statement needs to remain in place. Rights of appeal to the SEN Tribunal still apply.
What will happen now that my child is being educated at home?
You will be contacted by one of our LA team who will seek to arrange a mutually convenient time to meet with you. Discussion will generally focus on your reasons for home educating (although you are not obliged to provide these), the role of the LA and the support which the LA can provide. This will usually be at your home, or you may prefer to meet at one of our offices or at another, mutually agreeable, venue. This will usually be followed up by a visit from an LA Consultant who will discuss with you the education you are providing for your child and will offer professional advice and guidance. Again, these visits will normally be at your home but could also be at the type of venue referred to above.
The courts have ruled that it is reasonable for LAs to make informal enquiries about the education that parents/carers put in place for their children You will be asked to show that your child is receiving a "full-time, suitable and efficient" education. This can be done in a number of ways but is usually in the form of a plan that you have produced for educating your child at home, together with samples of your child's work, although you could provide a report or provide evidence in another appropriate format. If the visit takes place in your home, it will also usually be helpful for the LA Consultant to talk with your child.
If parents refuse to provide any information on which the LA can base a judgement, the LA might conclude that parents are failing to provide a suitable education and this could lead to court action resulting in your child returning to school.
What will happen next?
If the consultant is satisfied, you will be sent a report outlining your meeting with our consultant. If you continue to educate your child at home you will be offered a further meeting in approximately 12 months time.
If the consultant is not satisfied, you will be sent a report which will explain the reasons why they are not satisfied. The report will also include specific advice on those areas for improvement which, in our opinion, are necessary if your child is to receive a suitable education. It will also set out a reasonable timescale for the recommended improvements to be put in place. If, after the agreed period of time, our consultant is still not satisfied with the arrangements you have put in place, the LA may, under Section 437, Education Act 1996, initiate a School Attendance Order to return your child to school.
What do I do if I want to return my child to school?
For a variety of reasons some home educators subsequently decide on a return to school for their child. If you decide on a return to school you will need to apply for a place at the school of your preference (please be aware that it may not always be possible to secure a place at the school your child previously attended, even if it is your designated school, if all places there have been filled). You can speak to our Admissions Team (see Useful Addresses section) who will provide you with detailed information, advice and guidance on making an application and on the appeals process, should admission be denied.
Can I educate my child part-time at home and part-time at school?
This is often called "flexi-schooling". Flexi-schooling is an option, providing the school at which the child is registered agrees. Schools do not have to give consent and have discretion as to whether or not they will agree to a flexi-schooling arrangement. Unlike full-time home education, parents/carers have no absolute right to flexi-schooling for their children. Also, unlike home education, the child will remain registered at the school and must satisfy the requirements of the National Curriculum unless the headteacher agrees to "disapply" him/her. Parents will, therefore, need to work closely with the school.
When considering whether or not to agree to a request for flexi-schooling, schools will need to take into account issues such as the impact on school and classroom management, possible
additional workloads on staff and what arrangements will be put in place to monitor the provision being made whilst the child is at home, in order to ensure that the requirements of the National Curriculum are met.
The final decision, about requests for flexi-schooling, rests with the school concerned bearing in mind the issues identified above.
What further help is available after school age?
The Connexions Service (see www.connexions.gov.uk or check your local telephone directory for contact numbers) has been set up to help young people aged between 13 and 19 years old. It aims to ease the transition from school to further education and/or work. Connexions has a statutory duty to offer its services to all young people, including children who are educated at home.
The statutory school leaving date is the last Friday in June of the academic year in which the child reaches the age of sixteen. After this date he/she may enter full-time employment. Young people who have been educated at home may well want to enter into Further Education College courses but please be aware that many courses have specific entry requirements, such as GCSE passes. Your local Further Education College will be able to give you more detailed information.
Useful Addresses
Local Authority
Steve Mellor (Inclusion Manager) David Retter (Inclusion Manager)
Fleet Local Office Havant Local Office
Birch House River Way
Barley Way Havant
Fleet PO9 2EL
GU51 2YB Tel: 023 92441465
Tel: 01252 814798
Colin Diaper (Inclusion Manager) Special Educational Needs Service
Winchester Local Office Children's Services Department
Clarendon House The Castle
Romsey Road Winchester
Winchester SO23 8UG
SO22 5PW Tel: 01962 846398
Tel: 01962 876263
Admissions Team
Children's Services Department
The Castle
Winchester
SO23 8UG
Tel: 01962 846 001/004/020/038
Connexions Service
Tel: 01489 566990
NB: The following information is provided to assist you. Hampshire County Council is not responsible for the quality of advice or information given by any of the organisations listed.
Home Education support groups
Education Otherwise Home Education Advisory Service
PO Box 325 PO Box 98
Kings Lynn Welwyn Garden City
PE34 3XW Herts
www.educationotherwise.org AL8 6AN
el: 01707 371854
www.home-education.org.uk Home Education Resources
(a large site with many useful pages and www.home-education-resources.co.uk
links; also home of the home education web
ring and the UK-Home-Ed mailing list)
The Home Service Christian Home School
www.home-service.org www.homeschool.co.uk
(a national Christian home education group)
Muddle Puddle North Hampshire EO group
www.muddlepuddle.co.uk [email protected]
(an independent site focussing on learning
for 0-8 year olds)
General help with legal rights
If you need independent advice on education rights for you and your child the following contact details may be of help.
Advisory Centre for Education (ACE) Children's Legal Centre
1B Aberdeen Studios University of Essex
22/24 Highbury Grove Wivenhoe Park
London Colchester
N5 2DQ CO4 3SQ
Tel: 0207 354 8321 Tel: 01206 873820
www.ace-ed.org.uk www.essex.ac.uk/clc
GCSE examination boards and information about exams:
OCR Edexcel
1 Hills Road Stewart House
Cambridge 32 Russell Square
CB1 2EU London
Tel: 01223 553311 WC1B 5DN
www.ocr.org.uk Tel: 0870 240 9800
AQA Joint Council for General Qualifications
Devas Street Veritas Street
Manchester 125 Finsbury Pavement
M15 6EX London
Tel: 0161 953 1180 EC2A 1NQ
www.aqa.org.uk Tel: 020 7638 4125
Correspondence courses
The following college offers a range of GCSE and A Level correspondence courses.
National Extension College
18 Brooklands Avenue
Cambridge
CB2 2HN
Tel: 01223 450200
DfES-related and other links
Education of Sick Children
Ethnic Minority Achievement Project
www.standards.gov.uk/ethnicminoritites
Vulnerable Children Grant
Exclusions and Alternative Provision
Looked After Children
www.dfes.gov.uk/educationprotects
Criminal Records Bureau
ELECTIVE HOME EDUCATION
(NB: You are not obliged to fill out this form but it would help us if you did)
1. Parents/Carers:
Name:
Address:
Contact telephone number/e-mail address:
2. Child:
Name:
Date of birth:
3. Name and address of school last attended (if any):
(NB: If your child has never been registered at a school, please enter "Not registered". If your child is registered at a school then please remember that you must inform the school, in writing, that you intend to educate him/her at home and request that his/her name is removed from the school roll)
4. Reasons for electing to home educate: (if you wish to state these)
Once you have completed the form please send it to the Inclusion Manager for your area. Contact names and addresses can be found under "Useful Addresses".
If you prefer to submit the information electronically then please send it to:
· for areas covered by the Fleet Office: [email protected]
· for areas covered by the Havant Office: [email protected]
· for areas covered by the Winchester Office: [email protected]
June 2006