Parents’ rights and responsibilities

Parents may decide to home educate their child(ren) from a very early age and therefore the child is never enrolled in a school. Parents may also elect to home educate at any other 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.

Parents who home educate take on the full financial responsibility for their child’s education. This includes the costs of resources and public examinations. Further details on resources and exams.

If a child is on roll at a school, the parent or carer with parental responsibility must write to the headteacher of the school and inform them that they are withdrawing their child in order to educate them at home. They might want to quote the regulation 9(1)(c), The Education (Pupil Registration) Regulations 1995. The school must then remove the child’s name from the school roll.

Parents who home educate do not have to have specific qualifications, teach the National Curriculum, give formal lessons, match school-based, age-specific standards or complete SATs tests.

Parents must comply with notices and orders served by Cumberland Council under section 437 of the Education Act 1996, if it appears that parents are not providing a suitable education.

Children with an EHCP

Under Section 7 of the Education Act 1996 parents have the right to educate children, including children with special educational needs and disabilities (SEND), at home irrespective of whether the child has an Education, Health and Care Plan (EHCP). The local authority retains a duty to maintain and review an EHC plan annually as set out in the Code of Practice for SEND.

Parents with children who are registered at a mainstream school, with or without an EHCP, can elect to home educate without local authority approval. Home education must be suitable to the child’s age, ability, aptitude and special educational needs, but parents do not have to arrange provision as detailed in the plan.

If a child is registered at a special school named in their EHCP, parents must first consult with the local authority prior to deregistration.

Children with social care involvement

All children who have social care involvement are considered on a case-by-case basis.

It is unlikely that it is appropriate for a child on a child protection plan to be deregistered from school to be home educated, as the threshold is that the child is suffering or is likely to suffer significant harm. In this instance, the school, parents and local authority will work together to ensure that the child stays in school if appropriate.

Children on child in need plans are monitored by social care working together with the EHE officer.

Children in year 10 and year 11

Where young people are deregistered from school in Years 10 and 11 (Key Stage 4), particular attention will be given to ensuring appropriate learning pathways are discussed with relevant parties. The home education team will often do joint visits with inspira (careers help and advice). There is an expectation that parents will work together with the local authority to establish clear plans for securing progression to Post 16 learning or employment with training, often through achieving recognized qualifications.

Mobile families

Some families who are mobile, such as travellers, may also choose to educate their child/ren at home. Mobile families who are home educating are asked to contact any of the officers named in this booklet when they arrive in or leave Cumberland. There are also some specific organisations to help traveller families who wish to home educate their child/ren.