The local authority's responsibilities

In Cumberland, home education sits within the Learning Improvement Service. Members of the Learning Improvement Service have a broad experience in education and have received additional training in elective home education with regular updates. All members have enhanced DBS (Disclosure and Barring Service) clearance.

We understand there are many different ways to learn and that it is vital that parents and children choose an approach that works for them. The EHE team are not there to tell you how to educate your child or to promote registration at school. We are here to provide support and information, and to respond when a child is not receiving a full-time education suitable for their needs, age, ability and aptitude.

Contact

When the local authority becomes aware that parents have elected to home educate, initial contact is made, usually within 3 weeks. Cumberland Council EHE team will make informal enquiries using questions to parents around 2 months after deregistration. These include questions around numeracy and literacy, physical and social activities, and other learning that is taking place. If contact cannot be established, a referral to the CME (Children Missing Education) team will be made.

Some families find a visit helpful either at home or another venue. The home education team believe that open, face-to-face discussion is the best way of building a useful relationship. Alternatively, a written response can be sent in response to our enquiries. Some parents prefer a phone call or a virtual meeting.

Cumberland Council EHE team contact parents annually to offer support and make enquiries on what education provision is being made for a child. Some parents seek more frequent support, and this is available if requested.

A suitable education would include the following:

• education is not in conflict with British values such as tolerance, respect for other and rule of law
• children are making progress over time in literacy and numeracy skills which underpins all learning
• children are not in isolation but have opportunities for socialising with others beyond the family
• children have an appropriate environment in which to learn
• the provision is full time, meaning it takes a significant portion of the child's day

Parents are under no duty to respond to enquiries, but if a parent does not respond or responds without providing sufficient information about the child's education, then it will normally be justifiable for the local authority to conclude that the child does not appear to be receiving suitable education.

Unsuitable education

The local authority has a duty to identify children who are not receiving a suitable education.

Section 436A of the Education Act 1996: “A local education authority must make arrangements to enable them to establish (so far as it is possible to do so) the identities of children in their area who are of compulsory school age but — (a) Are not registered pupils at a school, and (b) Are not receiving suitable education otherwise than at a school:

Section 437 (1) Education Act 1996 provides that “if it appears to a local 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 a notice in writing on the parent requiring him to satisfy them within the period specified in the notice (which must be no less than 15 days) that the child is receiving such education.”

Section 437(3) Education Act 1996 provides that if a parent fails to satisfy the local authority within the specified period that their child is receiving a suitable education, it has the power to issue a “school attendance order” requiring that their child become a registered pupil at the school named in the order.

If the educational provision is deemed unsatisfactory, the parent(s) will be told in a letter or email what the home education team is concerned about and why. The EHE team may also be looking for clarification and ask further questions.

If appropriate, the local authority may be able to suggest other services which may be useful or may suggest asking other people for advice. The letter or email may contain specific recommendations which would ensure that the child(ren) receive a suitable education. It might also suggest timesscales and arrangements for future contact to ensure progress has been made.

Throughout this process any parent would always have the opportunity to avoid any legal proceedings by satisfying the authority that they are providing a suitable education.