Safeguarding, use of tutors and disputes

Cumberland Council has a general duty to safeguard and promote the welfare of all children. The EHE team have a responsibility to ensure all children are safeguarded and their welfare promoted throughout their work. The EHE team will act upon any concerns that a child may be at risk of significant harm, in accordance with local child protection procedures.

The local authority has a duty to consider where the lack of education is leading to suffering of considerable harm by a child. This would be where the child’s social or intellectual development is being significantly impaired. In this situation the LA would use part 5 of the 1989 Children Act to begin a section 47 assessment to identify if the child is at significant harm.

Use of tutors

Some parents choose to use tutors or similar to support their child’s learning. All adults who work with children and young people should now have checks made about them with the Disclosure and Barring Service before they can be employed.

Although this gives no absolute guarantees, it does provide an additional safeguard that the people who are entrusted with the welfare and safety of children and young people do not present any known risk to them. Parents are responsible for the safety of their children at all times, and it is recommended that anyone who is engaged to help in education who has not been subject to a recent check, should complete the declaration form on the council Home Education webpage.

The EHE team will have the necessary checks made free of charge for one person.

Disputes between parents

Every year we have cases where two parents (usually divorced or separated, but both having parental responsibility) may disagree as to whether home education is desirable, or at least is being provided properly. We do our best to gain information about who has parental responsibility. The parent who the child lives with most is usually in control of the decision. However, there may be a family court order about this.

It should be noted that if a child is on roll at a school and does not attend, both parents are committing an offence and are at risk of prosecution.

Confidentiality and Data Protection

Cumberland Council abides by the Data Protection Act and the Human Rights Act and the home education team respects your right to confidentiality. Information can only be shared without your consent in exceptional circumstances and where there are statutory grounds to do so, for example to prevent serious harm or to detect or prevent crime.