Elective Home Education
ELECTIVE HOME EDUCATION
A Guide for Parents and Carers
September 2020
EDUCATION AT HOME
Education is compulsory – school attendance is not
The freedom to educate children at home forms an intrinsic and essential element of educational provision in our society, a right that has been protected by a succession of Education Acts.
The information below is provided as a guide to help you, as a parent or carer, understand your rights and responsibilities with regard to educating your child at home, as well as those of the Local Authority (LA).
What does the law say?
Section 7 of the Education Act 1996 states that:
“The parent /carer of every child of compulsory school age shall cause him to receive 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”
The law requires a child to be educated from the beginning of the school term following their fifth birthday to the last Friday in June in the school year in which the child reaches age 16.
Some parents and carers choose to educate their children “otherwise” than at school and we refer to this as Elective Home Education.
What is Elective Home Education?
Elective Home Education (EHE) is education provision that is made by the parents and carers for their children. Parents and carers are able to take the decision to educate their children by means other than sending them to a school.
Parents take sole responsibility for providing their children’s education and determining the education programme that their child/ren will follow.
What should I consider before I make a decision?
Before making any decision parents/carers may wish to think about some of the following:
Time to plan and support an education programme;
Meeting a child’s educational needs – particularly if there are health or special educational needs;
Financial implications for funding resources etc including access to and entry for qualification such as GCSEs;
Social and emotional wellbeing of children being home educated including developing friendships with peers.
Will I get any help?
In deciding to home educate their children, parents take on the financial responsibility of the education provision. The LA can provide advice and guidance regarding EHE through the Education Welfare Service but the LA is unable to provide resources or funding.
Who do I need to tell if I decide EHE is right for me and my child?
If your child has never been registered at a school then you are not obliged to inform the LA that you intend to home educate your child, however we would encourage you to do so in order that you may receive support.
If your child is currently attending school then you must inform the school in writing of your intention to Electively Home Educate your child. If you do not do this then your child will remain on the school roll and any absence from school will be unauthorised. The school is obliged to notify the LA of continued unauthorised absence and this could result in legal action being undertaken by the LA.
What is the role of the Local Authority?
S437 of the Education Act 1996 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/carer requiring him to satisfy them within the period specified in the Notice that the child is receiving such education.”
The essence then, of the LA’s duty is to seek to be satisfied that the education being offered to a child at home is suitable to that child’s age, ability and aptitude and takes account of any special educational needs he/she may have. The LA needs the help of parents/carers in making that judgement and in the overwhelming majority of cases the LA is satisfied.
Even though there may be no obligation on a parent/carer to notify the LA of their intention to home educate (if their child has never attended School), parents/carers are advised that should the LA become aware that a child is being home educated then contact will be made with parents/carers.
The LA will conduct informal enquiries to establish that suitable education is being provided.
If education provision is not considered to be suitable then the LA will work with you to help you make the necessary improvements or take steps to ensure your child attends school.
Could my child go to school if I change my mind?
If you decide that EHE is not something that you wish to continue you will need to be aware that there may not be a school place at the school of your choice.
An Education Welfare Officer will support you with making a school application.
What if my child has an EHCP?
If your child has an EHCP, you can still choose EHE. You will need to seek the consent of the LA to do this is specific circumstances and in all cases you should discuss this with your child’s SEND Lead Worker.
Please contact the Education Welfare Service should you need further information:
EWS@wiltshire.gov.uk