From an alert issued by Education Otherwise:
"Home educators should be aware that from 1 September 2007 there is new statutory guidance on pupils who are excluded from school. For the first 5 days excluded pupils are not allowed in public places during school hours "without reasonable justification" and when they are challenged and apprehended, a fixed penalty notice may be issued. This follows sections 103-104 of the Education and Inspection Act 2006.
"When this new duty was first announced, concerns were expressed that home educated young people out and about on their normal business might be mistaken for pupils who had been excluded. Education Otherwise has written to the DCSF requesting that LAs remind police officers that home education is a valid legal option and that home educated young people are emphatically not the subject of this new guidance. This could also usefully be added to the agenda for any forthcoming meetings with local authority officers. "