It may come to the attention of the home education team from a variety of sources that a young person may be being educated at home. The law allows home educators great diversity in how they educate their child(ren) and the home education team fully respects that. Cumberland staff accept that children learn in different ways and there are many valid approaches to education. When the local authority becomes aware that parents have elected to home educate, initial contact is made to ensure provision is being made. Many families find a support 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 brief report could be sent to let us know what provision you are making. We understand that parents may need time to settle into home education and we wouldn’t expect everything to be in place immediately; many parents tell us a support visit is helpful in getting started.
The local authority has no statutory right or duty to monitor the quality of home education on a routine basis. We do need to be sure that your child(ren) is/are receiving an appropriate education, especially when you first begin home education. We contact parents annually to offer support and gain information on what education provision is being made for a child.
We try to ensure that contact is made in proportion to what we know about your educational provision. Many parents welcome the opportunity to discuss ideas, but parents are under no duty to respond. Some parents seek more frequent support, and this is available if requested.
The Home Education Team
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’s vital that parents and children choose an approach that works for them. General Advisors 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.
We assess if the:
- education is not in conflict with British values such as tolerance, respect for others 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
If it appears that a suitable education is not being provided, the local authority will seek to gain relevant information to make an informed judgement. This includes seeking further information from the parents explaining how they are providing a suitable education. Parents are given the opportunity to address any concerns raised. Whilst parents do not have a duty to respond, DfE guidance refers to case law (Phillips v Brown 1980) that ‘it would be sensible for them to do so’.
The most recent Department for Education guidelines for parents says:
“5.4 Some local authorities will ask to see the child at home or in another location, as well as seeing examples of work done. As parents, you are under no legal obligation from education law to agree to such a meeting or to produce specific evidence, but you should consider carefully the reasons for not doing so, what is in the best interests of your child, and what is the most sensible approach. If you do not do enough to satisfy the local authority about the education being provided at home, it may have no option but to conclude that the education does not meet the s.7 requirement.”
When you are asked for information about your child(ren)’s education, we would always prefer to meet with you. However, if you do not wish to meet either at your home or any other mutually convenient venue, information can be provided in any way that allows the authority to reach a conclusion about your provision, for example reports and diaries, examples of work, testimonials - for example, from a tutor.
You would be told in a report what the home education team is concerned about and why. Wherever possible you will have been informed of this beforehand and ways in which the provision can be improved will have been discussed with you. The authority may be able to suggest other services which may be useful to you and your child or may suggest asking other people for advice. The report will contain specific recommendations which would ensure that your child(ren) receive a suitable education. It will also suggest timescales and arrangements for future contact to ensure progress has been made.
The home education team have a statutory responsibility to ensure that all children have access to universal services and must act if it appears that children of compulsory school age in its area are not being suitably educated. We would make a referral to a Children Missing Education (CME) Officer in the Access and Inclusion Team.
CME Officers would act using Section 437(1) of the Education Act 1996. This section states:
“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 that the child is receiving such education.”
Section 437(2) of the 1996 Act provides that the period shall not be less than 15 days beginning with the day on which the notice is served.
Section 437(3) of the 1996 Act provides for the serving of School Attendance Orders: If –
- a) a parent on whom a notice has been served under subsection (1) fails to satisfy the local authority, within the period specified in the notice, that the child is receiving suitable education, and
- b) in the opinion of the authority it is expedient that the child should attend school, the authority shall serve on the parent an order (referred to in this Act as a "school 9 attendance order"), in such form as may be prescribed, requiring him to cause the child to become a registered pupil at a school named in the order.
Throughout this process any parent or carer would always have the opportunity to avoid any legal proceedings by satisfying the authority that they are providing a suitable education. These formal proceedings are a last resort and rare event and will only happen if the authority has to conclude that you are not educating your child according to the requirements of the 1996 Education Act or their needs as set out in a statement of special educational needs.
Access and Inclusion Officers may also be helpful to you in other circumstances, such as if you wish to seek a return to school for your child(ren), or if you are considering elective home education because of unresolved difficulties or disputes at school.