is it legal?

The answer to this one is - it depends which country you are in, but in the UK - yes, it is. The rules are slightly different for Scotland, but for England and Wales the law states in section 7 of the Education Act 1996 :

The parent of every child of compulsory school age shall cause him to receive efficient full-time education suitable to his age, ability and aptitude, and to any special educational needs he may have, either by regular attendance at school or otherwise.

Basically, what this means is that every parent is responsible for their child's education. How that education takes place is not very relevent so long as it is suitable. In fact if a parent sends their child to a really poor school - strictly speaking, the parent is to blame for the lack of education not the school!

The important bit for us is the part 'or otherwise' - and yes - I choose otherwise.

A child who has special educational needs (SEN) and or a statement of SEN can still be home educated, the law works the same as for children without SEN. The local authority (LA) are obliged to maintain statements, but the parent is not obliged to fulfil any requirements set out in the statement, and therefore it becomes fairly useless..

Having made the decision to provide your child's education yourself, if your child has never been to school - then that's that, if they have the next step is to deregister from the school. Write a letter to the school saying that you are deregistering your child, and ask them to confirm that their name has been removed. If your child is at a special school - you have to ask permission, but they cannot legally refuse as this would be discrimination.

Then thats it! begin!

The LA are obliged to ensure that an education is taking place. , and they usually ask to send a visitor to come and meet you and your kids and chat about what you do etc. Many families are happy to do this, and we are one of them. Others prefer not to have the intervention, perhaps because their child finds it difficult or because it's felt as an intrustion etc, and so they might well send in a report instead. The LA cannot assume an education is not taking place without good reason, but case law does indicate it is reasonable of the LA to ask for some information on how an education is taking place. The do not have the right to gain assess to your home.

and to answer some other questions I get asked all the time:

No - you don't have to be qualified to teach your own children

No - you do not get provided with special packs full of educational material from the LA - you are on your own

No - you do not have to keep to school hours

No - you do not have to follow the national curriculum.

No - you do not have to work at the table

No - truancy sweeps should not be an issue - police and truancy officers are obliged to allow your child to go about their business once it has been established that they are being home educated.

the charity education otherwise have a really good page on the legal side of home education.

 

 

 

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