The Legal Bits - England and Wales

The legal situation in the UK with regard to home education can be summarised in the phrase:

Education is compulsory, schooling is not

Deregistering a child from school
Pupil Registration regulations and a sample deregistration letter

Should you have problems with deregistering your child, EO has produced a
leaflet aimed at LEAs and schools outlining the law as it relates to deregistration

see sections:- 7, 8, 9, 437 - 444

EO has recently responded to the White Paper 'Every Child Matters'
and has also written to the DfES regarding the Children Bill.

This extract from the Guidance document indicates that the police and other authorities should be aware that home educated children are not truants. Education Otherwise provides to all members a card for children to carry which indicates that they are home educated. It is not a requirement that children carry this card; it is up to parents and/or the children to make the choice.

Children being educated otherwise than at school

4.20 In planning for, and operating, a truancy initiative using the new power it is important to remember that not all children aged 5-16 are registered at school. Children educated outside the school system altogether (see paragraph 4.1), for example, by home tuition, might be out and about during the daytime for wholly legitimate reasons, for example visiting a library.

4.21 Local procedures should take account of possible contact with such home-educated children and it should be emphasised that they are not the target group for the new power. The power can only be exercised in relation to registered pupils of compulsory school age absent from school without authority; it does not apply to children who are lawfully educated at home. No further action should be taken where children indicate that they are home-educated - unless the constable has reason to doubt that this is the case.

The Crime and Disorder Act
Police Power to Remove Truants - Guide

"All human beings are born free and equal in dignity and
rights. They are endowed with reason and conscience and
should act towards one another in a spirit of brotherhood."

Home Education and the Law

There is a publication available, entitled "Home Education and the Law" [&copy1986, 1991], written by David Deutsch and Kolya Wolf; it costs £5.00 (p&p included) and is available from:

19 New Cross Road
Oxford
OX3 8LP
UK

"Home Education and the Law" comprises 27 pages of text, plus an introduction and an index.

It has been 'subjected to careful checking, both by a solicitor and by Counsel's Opinion, to ensure all the statements of law, regulations and proper legal and administrative practice that it contains are correct.'

The Contents are as follows:

* Preface to the second edition
* Note on the Children Act 1989
* 1 - Introduction - School is not compulsory
* 2 - Parents' duty to educate their children
* 3 - What is "proper education"?
* 4 - Evidence that a child is being properly educated
* 5 - The LEA's duty to "satisfy itself"
* 6 - Disputes between parents and LEAs
* 7 - De-registration from school
* 8 - Conclusion