Parental responsibilities

The Law

The legal responsibilities of parents and carers are clearly established in section 7 of the 1996 Education Act, which states:

"The parent 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.

Section 437 to 443 of the Education Act 1996 places a duty on the Local Authority to take action if it appears that a child / young person is not receiving a "suitable education".

"If it appears that the child/ young person is not receiving suitable education, either by regular attendance at school, or otherwise,…[the local education authority] shall serve a notice, in writing, on the parent requiring him to satisfy…..that the child is receiving such education".

Procedures - "best practice"

Parents "Elect to Home Educate"

Parents inform the school in writing, where the child is registered, that they intend to educate their child at home. (1.1) The school should then immediately inform their education welfare officer (EWO) and remove the child's name from the register. (1.2) The EWO should notify Elective Home Education Co-ordinator (within a week) and agreed protocols that enable a child/young person to be registered with the School Improvement Division (SID), Elective Home Education service.
Whilst there is, no legal requirement on parents to provide specific documents, doing so, does however help the LA to establish informally, what educational provision is being made for the child and how the parents are discharging their section 7 duty: SID sees this as helping to establish an agreed agenda for preliminary discussions. When the School Improvement Division (SID) is notified by a school that a parent intends to educate their child at home, a representative will contact the parents/carers within two weeks in order to discuss the following:

- What do you hope to achieve by home educating your child?
- How are you going to achieve this?
- Will this enable your child to realise any particular interests if so what?

If you wish, you may like to make available examples of your youngster's achievements: SID acknowledges that a discussion could be supported by written, visual or electronic examples.
Parent/carers will also be sent a copy of Staffordshire's "Elective Home Education "Guidance notes for Parents which is also freely available on the EHE website as a downloadable document.
A representative of the School Improvement Division (SID) will arrange contact (6-8 weeks from receipt of de-registration letter) normally via a meeting with the family to talk to the parent/carer and child/young person and to discuss the educational provision.
Whilst some parents will be happy in completing a statement or questionnaire detailing their child's educational provision, others may prefer to write a letter or email.
Case law (Harrison & Harrison vs Stephenson, Worcester County Council 1981) defined suitable education as one which enabled the children to achieve their full potential and was such as to prepare the children for life in modern civilised society. Using the statement as a baseline for assessment the visit should be seen as supportive of the child and accepting of the parents' rights to educate their child at home.
The Local Authority (LA) does not have an automatic right of access to a parent's/carer's home, therefore parents may wish to offer an alternative way of demonstrating that they are providing suitable education, for example by showing examples of their child's work, agreeing to a meeting at another venue, providing a report, an educational philosophy, or an assessment by a qualified third party. However, it would be helpful if the officer was able to see the child's work at first hand in order to be able to provide advice if necessary.
In the course of the functions placed upon LA's by the Education Act 2002, they should ensure that children/young people's interests are safeguarded and their welfare promoted by them not being at risk of significant harm (ECM).
Following contact with the parent (this normally follows a meeting/visit); a copy of the "contact record" will be sent to the parents/carers summarising the matters discussed and any recommendations of the SID representative.
Where the Directorate for Children Young People and Families (DCYPF) is satisfied that a parent is complying with their section 7 duty, the educational provision will be reviewed annually, but if there are some concerns, a further visit will be organised in six months or within a month where those concerns are serious.
At the next meeting or visit, information regarding the child's progress and attainment will be sought and consideration given to the learning opportunities being offered to the child.
If it appears to SID that a child of compulsory school age is not receiving efficient or suitable full-time education, either by regular attendance at school or otherwise, the representative will write to the parent/carer stating that this is the case and the reasons for this decision.
A date for further contact will be set at which the representative will determine whether the education now reaches the given standard. If the education is still considered unsuitable, the LA has a duty to serve notice on the parent/carer requiring them to satisfy the LA that their child is receiving suitable education "otherwise than at school". Parents are asked to present evidence in an appropriate form that would, on the balance of probabilities, satisfy the LA that a suitable education is being provided. If the parents' reply is unsatisfactory, or if they fail to reply, the LA may issue a School Attendance Order (SAO).
If a child is being educated at home and has a Statement for their special educational needs, the Vulnerable children Division has to carry out an annual review of the Statement each year. As long as the Statement remains in force the Vulnerable children Division has a legal duty to ensure that the child's needs as set out in the Statement are being met.
Educational reviews to such children should be carried out in liaison with an appropriate Assessment officer from the SEN Section - Vulnerable children Division. The Assessment Officer should have access to a copy of the Statement and the last Annual Review Report and will consider whether the statement should be maintained or cease to be maintained.

Word document EHE Factsheet

PDF EHE Factsheet

Last Modified: 16/02/2010 13:25:30

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