What is the law?

Education is compulsory - school attendance is not.

Parents' responsibilities

The key piece of legislation regarding education in England and Wales is the Education Act 1996 (which includes the 1944 Education Act and later legislation).

'The parent of every child of compulsory school age shall cause him to receive efficient full-time education suitable; a) to his age, ability, and aptitude, and b) to any special educational needs he may have, either by regular attendance at school or otherwise.'  Education Act 1996

For most children in Gloucestershire this means they will attend their local school. Some parents do choose to educate their children outside the state system. Some send their children to private or independent schools while others take on the responsibility of educating their children themselves.

So long as the child is not a registered pupil at any school, the parent is wholly responsible for all aspects of their education.

Local Authority responsibilities

Our duties in relation to home-educated children are also set out in the Education Act 1996.

Section 437. - (1) If it appears to a Local Education 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. Education Act 1996

We do not need to investigate any cases of home education that are brought to our attention without any grounds for suspicion that a child is not receiving an adequate education. Nor do we have any legal duty to monitor the quality of home education.

However, case law has established that a Local Authority may make informal enquiries of parents (Phillips v Brown, Divisional Court [20 June 1980, unreported] Judicial review by Lord Justice Donaldson).

Lord Donaldson said:

Of course such a request is not the same as a notice under Section 37 (1) of the Education Act 1944 (now Section 437 (1) of the 1996 Education Act) and the parents will be under no duty to comply. However it would be sensible for them to do so. If parents give no information or adopt the course...of merely stating that they are discharging their duty without giving any details of how they are doing so, the LEA will have to consider and decide whether it 'appears' to it that the parents are in breach of S 36. (now Section 7 of the 1996 Education Act.)"

In 2007 the government Department for Children, Schools and Families (DCSF) published guidelines for LAs. The guidelines aim to support Local Authorities in carrying out our statutory responsibilities and to encourage good practice in relation to children who are educated at home. The guidelines are available to download from here.