Children Missing Education (CME)

At the end of 2006 section 4 of the Education and Inspections Act introduced the "Duty to identify children not receiving education" whereby section 436A was added to the 1996 Education Act.

The following information applies to England only.

2009 Statutory Guidance on Children At Risk of Not Receiving Suitable Education says:

73. When raising awareness with partner agencies it is useful to remind them that parents may lawfully educate their children at home. Where a local authority is satisfied that a parent is providing their child with a suitable full time education, the child is not the target of this duty. However, the local authority does have the power to issue a school attendance order if it appears that the parent is not providing a suitable education. Education of children at home by their parents is not in itself a cause for concern about the child's welfare. (p.22)

87. Section 436A of the Education Act 1996 requires local authorities to make arrangements to establish (so far as it is possible to do so) the identities of children who are not pupils at schools and who are not otherwise receiving suitable education. In order to comply with this duty local authorities need to make arrangements which will as far as possible enable them to determine whether any children who are not pupils at schools, such as those being educated at home, are receiving suitable education. In order to do this local authorities should make inquiries with parents educating children at home about the educational provision being made for them. The procedures to be followed with respect to such investigations are set out in the EHE Guidelines, 2.7-2.11 and 3.4-3.6. (p.25)

91. Local authorities should keep a record of children who are known to be educated at home by parents. Parents are not, however, required to inform the local authority if they decide to home educate a child who has not previously attended school. (p.26)

The EHE Guidelines can be found here.