Elective Home Education Policy

Section 7 of the Education Act 1996 states that it is the duty of "the parent of every child of compulsory school age to cause the child to receive efficient full-time education suitable to his/her age, ability and aptitude and to any special educational needs he or she may have, either by regular attendance at school or otherwise."

Although the law does not define "efficient" or "full-time", a ruling in 1981 defined a suitable education as one which 'prepares children for life in a modern civilised society' and an efficient education as one which 'achieves what it sets out to achieve'. (The case of Harrison & Harrison v Stephenson, Worcester Crown Court 1981). As a guide regarding the amount of time that should be dedicated to a child's education, children spend between 21 and 25 hours per week in school for 39 weeks of the year.

There is no legal definition of a 'suitable education' though case law defines a suitable education as one which: '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' (Phillips and Brown 1980). If after investigation the council has reason to believe that a child is not receiving a suitable education then the process for initiating a School Attendance Order which will direct a child's name onto a school roll will commence. The council endeavours to work co-operatively with parents to ensure that where a suitable education is found not to be in place parents will be supported to identify an appropriate school into which to admit their child and therefore avoid the necessity for a School Attendance Order.

The Education and Inspections Act 2006 places a duty on council's to identify children in their area who are not receiving a suitable education. The duty applies in relation to any child of compulsory school age that is not on a school roll and who is not receiving a suitable education otherwise than at school. The council also has duties under sections 437-443 of 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 notice in writing on the parent requiring him/her to satisfy them within the period specified in the notice that the child is receiving such education'.