Parents have a legal right to have their child(ren) educated in accordance with their own beliefs and values, but the education provided must be efficient and full-time and must be suitable to the young person’s age, ability, aptitude and any special educational needs. The responsibility for a child’s education is 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.
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.
Home-educating parents are not required to:
- have a timetable
- set hours during which education will take place
- observe school hours, days or terms
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/she chooses. This means education should be age appropriate and enable your child to make progress according to their ability.