The Council and democracy Elective Home Education Policy and Procedure

4. Parental rights and responsibilities

4.1 Parents may decide to exercise their right to home educate their child from a very early age and not enrol the child at a school. They may also elect to home educate at any stage up  to the end of compulsory school age and may continue post 16 in order for their child to participate in education and training until the age of 18.

4.2 If the child is attending a school, then parents must notify the headteacher, in writing, that they are withdrawing their child. They do not have to give a reason. However, as stated in the DFE Guidance, it would be sensible to do so, both in order to avoid any future misunderstanding about how they plan to fulfil their parental responsibilities and also to facilitate access to advice and support.

4.3 The DfE strongly recommends that parents think carefully about EHE before they withdraw their child from a school. We expect that all schools in Manchester will invite parents in for a meeting if they are aware of parent’s intentions. Parents may also contact the EHE Team direct if they would like further information or advice. See Appendix 2 for things parents should consider.

4.4 If the child attends a special school which is named in their Education, Health & Care Plan (EHCP), parents must seek approval from the local authority in writing. See Section 8.4 for further information regarding children with Special Educational Needs (SEND).

4.5 Parents whose child is not enrolled at a school have no obligation to inform the LA that they are home educating. But, as stated in the DfE Guidance, it would be sensible to do so.

4.6 Parents do not need to be qualified teachers to home educate and there is no requirement to teach the National Curriculum, match age-specific standards, observe schools hours,  days or terms, make detailed lesson plans, give formal lessons or reproduce school type peer group socialisation.

4.7 As is clear in the 1966 Education Act, Section 7, they must however ensure that their child receives an efficient and suitable full-time education. The DfE parental guidance document has helpful advice and explanation of the kinds of evidence which LAs will need to see in order to be satisfied that the child is receiving a suitable education. Please also see Appendix 2 for areas to consider.

4.8 Parents can choose to engage private tutors or other adults to assist them in providing a suitable education, although there is no requirement to do so, and learning may take place in a variety of settings, not just the family home.

4.9 It is strongly recommended that parents ensure that they make appropriate checks on any settings that they use, as there may be no external assurance that they comply with basic standards such as vetting of staff and up-to-date policies and procedures around safeguarding children. Similarly it is recommended that parents ensure that any tutors they employ are qualified and suitable, including whether they have a clear Disclosure & Barring (DBS) Service check.

4.10 Parents who home educate assume the full financial responsibility for their child’s education. This includes the costs of resources, private tuition, courses and public examinations.

4.11 However children who are Year 10 and above may be able to access part-time college courses as part of their home education and the colleges may be able to claim the costs of course and exam fees from the Education & Skills Funding Agency. These arrangements would be negotiated individually between parents and the college.

4.12 LAs do have a duty under the Education Act 1996 to establish whether home educated children are receiving efficient and suitable fulltime education and the DFE Guidance is clear that it would be sensible for parents to respond to enquiries.

4.13 In Manchester, we routinely offer a meeting to parents, which can be face to face or virtual. This gives an opportunity for the officer to learn about the family’s approach, especially in relation to building on children’s strengths and interests and meeting any additional needs they may have. In this respect, the LA is fulfilling its section 436A duty as described in the DfE guidance for parents. Although legally there is no requirement for families to engage with LA officers, it is helpful for us to be able to discuss education plans and to offer any signposting or advice, as well as to identify any possible issues.

4.14 As the DfE Guidance for parents states ‘If you do not do enough to satisfy the local authority about the education being provided at home it may have no option but to conclude that the education does not meet the s.7 requirement’ (5.4).
 

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