The Law
The legal situation in the UK with regard to home education can be summarised in the phrase: Education is compulsory, schooling is not.
However, the processes and details do differ in different parts of the UK. The information on these pages relates to England and Wales. See the DCSF Elective Home Education Guidelines for Local Authorities in England and the Welsh Assembly Guidelines for Local Authorities in Wales. Please see our Scotland page or Northern Ireland page for information appropriate for those countries.
Visit our FAQ page on Educational Philosophies for more information about home education and the law.
Section 7 of the Education Act 1996 applies to England and Wales:
Compulsory education
7 Duty of parents to secure education of children of compulsory school age
The parent of every child of compulsory school age shall cause him to receive efficient full-time education suitable—
to his age, ability and aptitude, and
to any special educational needs he may have,
either by regular attendance at school or otherwise.
Home education is covered under "education otherwise" and ensures that every parent has the right to chose not to send their child into the state schooling system.
A Summary of the Law Relating to Home Education in England and Wales (4th Edition) can be downloaded here for information.
The rights of a parent to chose their childs education is also further enshrined in the Universal Declaration of Human Rights which says "Parents have a prior right to choose the kind of education that shall be given to their children" (Article 26, para 3).
The LA do not have a statutory powers to make anything other than informal enquiries of parents and these enquiries can be of a nature to suit the family. There is case law relating to this issue:
"an education authority should not, as a matter of policy, insist on inspection in the homes as the only method of satisfying themselves that children were receiving efficient full time education"
Judge Donaldson (Phillips v Brown, Divisional Court, [20 June 1980, unreported] Judicial review by Lord Justice Donaldson
There is more detailed information on the case here.
and further:
"the Act of 1944 (replaced by the 1996 Education Act) does not provide for or contemplate an intrusion of a parent’s privacy by inspectors coming into the home and that it is quite wrong for a Local Authority to insist on such inspection."
Lord Parker of Waddington (REGINA v. SURREY QUARTER SESSIONS APPEALS COMMITTEE, ex parte TWEEDIE QUEENS BENCH DIVISION 61LGR 464 Lord Parker of Waddington C J, Widgery J, and John Stephenson J)
At the end of 2007, the DCSF published Guidelines on Home Education for Local Authorities which sets out how the Government sees the relationship between local authorites and home educating families in England.
It is reasonable to expect your local authority to follow these Guidelines however, sadly, in our experience, this is not always the case. Should you experience difficulties with your LA, you can contact us for advice and guidance.
