Laws relating to home education

The responsibility for a child’s education rests with the parents. Education is compulsory, but going to school is not. If parents choose to educate at home, the law is clear – a child should have an efficient, suitable full-time education.

Compulsory school age begins on the next prescribed day following a child’s fifth birthday (or on their fifth birthday if it falls on a prescribed day). The prescribed days are 31 December, 31 March and 31 August each year. A child continues to be of compulsory school age until the last Friday of June in the school year that they reach the age of sixteen.

In England the main legislation relating to home education is the 1996 Education Act. Section 7 of this act states:

The parent of every child of compulsory school age shall cause him to receive efficient full time education suitable to:

• a) his age, ability and aptitude
• b) any special educational needs he may have, either by regular attendance at school or otherwise

Section 7

“Full time” does not mean school hours or the number of school days per year. There is no legal definition of full time for home education. Children attending school normally have about 25 hours teaching a week for 190 days or 38 weeks a year. However, home education does not have to follow this pattern. Elective home education is often almost continuous one-to-one contact and education sometimes takes place outside normal “school hours”. Parents should be able to discuss the amount of time your child is being educated.

The word “efficient” is not defined in the Education Act. However, the courts have established that education is “efficient” if it achieves what it sets out to achieve. This is not the same as “suitable”; a curriculum could be delivered efficiently, but not meet the child’s needs and therefore not be suitable.

There is no definition of a “suitable” education in English law. The courts have previously stated “suitable” education prepares young people for life in the community of which they are a part (including participating fully in the life of the UK through secular education) and if it does close options to adopt a different lifestyle if he or she chooses. This means education should be age appropriate and enable your child to make progress according to their ability.