Links to Legislation, Guidance and Consultations that are relevant to the EHE Consultation and Soley's Bill

Current Consultations and Related Briefings: 

* The Home Education Consultation

* The Casey Review on Integration and Opportunity.

* The Consultation on the Casey Review

* The Consultation on School Exclusions

* Falling through the Gaps in Education Nov 2017 (A Briefing)

* Special Needs and Disability Consultation

* The Labour Party Consultation on Education Policy

* Government Consultations on Principles of Conduct

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Human Rights:

Equality before the Law:


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Lord Soley's Bill:

* Lord Soley's  Home Education (Duty of Local Authorities) Bill 2018

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Primary Legislation and Current Guidance re Home Education:

*  Lord Adonis on the Fourfold Foundation of the Right to Education

* Suitable education: Section 7 Education Act 1996.

* Duties of the Secretary of State to promote education: s10 Education Act 1996

* Elective Home Education Guidance for LAs

* EOTAS Legislation: Section 19 Education Act 1996

* Education Supervision Orders  s.36 Children Act 1989

* Education Supervision Orders explained.

* School Attendance Orders: Section 437 Education Act 1996. 

* Duty to identify children missing education: Section 436A Education and Inspections Act 2006

* Guidance on Children Missing Education 2016

* The Donaldson Judgment

* The Tweedie Case 1963

* Guidance for LAs on Funding HE

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Definition of Schools, School Standards and Pupil Registration Regulations:


* Definition of Schools:  Section 4 Education Act 1996

* Definition of Schools:  Section 14 Education Act 1996

* Pupil Registration Regulations 2006

* Guidance on Pupil Registration Regulations 2016

* School Inspection Handbook (Ofsted Guide for School Inspection) S8 Education Act 2005

* Independent School Standards Regulations (suitable education in Independent Schools)

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Safeguarding: 

* Local Authority Duty to Investigate abuse: Section 47 Children Act 1989

* LA Duties re Preventing people being drawn in to Terrorism: Section 26 Counter Terrorism and Security Act

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Data Protection:


* Principles of the General Data Protection Act 2018, Article 5 + 

* Information Commissioner's site on General Data Protection

* General Data Protection Regulation - How it applies in UK and Europe.

* Local Authority Guidance on General Data Protection (from May 2018)

* The Supreme Court Judgement about Data Sharing in the Named Person Scheme.

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Comment on Education Law:

*Lord Adonis on the Fourfold Foundation trumping the Right to an Education. 2006

*Lord Adonis on the Anomaly of the State not Prescribing a form of Education. 2010.

*Ian Dowty's View on Lancashire LAs HE Protocol and Procedures. 

Article 28: United Nations on the Rights of the Child (UNCRC)

1. States Parties recognize the right of the child to education, and with a view to achieving this right progressively and on the basis of equal opportunity, they shall, in particular:
   
   
   • (a) Make primary education compulsory and available free to all;
   • (b) Encourage the development of different forms of secondary education, including general and vocational education, make them available and accessible to every child, and take appropriate measures such as the introduction of free education and offering financial assistance in case of need;
   • (c) Make higher education accessible to all on the basis of capacity by every appropriate means;
   • (d) Make educational and vocational information and guidance available and accessible to all children;
   • (e) Take measures to encourage regular attendance at schools and the reduction of drop-out rates.
   
   
2. States Parties shall take all appropriate measures to ensure that school discipline is administered in a manner consistent with the child's human dignity and in conformity with the present Convention.


3. States Parties shall promote and encourage international cooperation in matters relating to education, in particular with a view to contributing to the elimination of ignorance and illiteracy throughout the world and facilitating access to scientific and technical knowledge and modern teaching methods. In this regard, particular account shall be taken of the needs of developing countries.

Protocol 1, Article 2 Human Rights Act: Right to Education

Human Rights Act 1998 
Article 2Right to education

No person shall be denied the right to education. In the exercise of any functions which it assumes in relation to education and to teaching, the State shall respect the right of parents to ensure such education and teaching in conformity with their own religious and philosophical convictions.