Wednesday, June 06, 2007

The Proposed Guidelines for Elective HE

ELECTIVE HOME EDUCATION GUIDELINES FOR LOCAL AUTHORITIES

Contents

Part 1 1.1 Introduction
1.4 Reasons for Elective Home Education
Part 2 2.1 The law relating to Elective Home Education
2.4 Parental rights and responsibilities
2.5 Local authorities’ responsibilities
Part 3 3.1 Clear policies and procedures
3.4 Contact with the local authority
3.8 De-registration from school
3.11 Providing a full-time education
3.15 Children with special educational needs
Part 4 4.1 Developing relationships
4.3 Acknowledging diversity
4.5 Providing information for parents
4.7 Contact with parents and children
4.9 Child protection
4.11 Reviewing policies and procedures
Part 5 5.1 Support and resources
5.3 The National Curriculum
5.5 Connexions Service 5.6 Flexi-schooling
5.7 Local authorities’ role in supporting work experience
5.9 Education Maintenance Allowance (EMA)
5.10 Truancy Sweeps
5.11 Traveller Children Annex A Qualifications options Annex B Useful contacts


ELECTIVE HOME EDUCATION GUIDELINES FOR LOCAL AUTHORITIES

Part 1

Introduction

1.1 Elective home education is the term used by DfES to describe parents’ decisions to provide education for their children at home instead of sending them to school. This is different to home tuition provided by a local authority or education provided by a local authority other than at a school. These guidelines are intended for use in relation to elective home education only. Throughout these guidelines, ‘parents’ should be taken to include all those with parental responsibility, including guardians and carers.

1.2 Children whose parents elect to educate them at home are not registered full-time at mainstream schools, special schools, independent schools, Pupil Referral Units (PRUs), colleges, children’s homes with education facilities or education facilities provided by independent fostering agencies. Parents may choose to engage private tutors or other adults to assist them in providing a broad education and learning may take place in a variety of locations, not just in the family home.

1.3 The purpose of these guidelines is to support local authorities in carrying out their statutory responsibilities and to encourage good practice by clearly setting out the legislative position, and the roles and responsibilities of local authorities and parents in relation to children who are educated at home.

Reasons for Elective Home Education

1.4 Parents may choose home based education for various reasons. The authority’s primary interest should lie in the suitability of parents’ education provision and not their reason for doing so. The following reasons for home-educating are common but by no means exhaustive:

Distance or access to a local school
Religious or cultural beliefs
Philosophical or ideological views
Dissatisfaction with the system
Bullying
As a short term intervention for a particular reason
A child’s unwillingness or inability to go to school
Special educational needs
Parents’ desire for a closer relationship with their children

Part 2

The law relating to Elective Home Education

2.1 The responsibility for a child’s education rests with their parents. In England, education is compulsory, but schooling is not.

Article 2 of Protocol 1 of the European Convention on Human Rights states that:

“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 is in conformity with their own religious and philosophical convictions.”

This right is enshrined in English law. Section 7 of the Education Act 1996 provides that:

“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.”

2.3 The responsibility for a child’s education rests with their parents. An “efficient” and “suitable” education is not defined in the Education Act 1996 but “efficient” has been broadly described as an education that “achieves that which it sets out to achieve”, and a “suitable” education is one that “primarily equips a child for life within the community of which he is a member, rather than the way of life in the country as a whole, as long as it does not foreclose the child’s options in later years to adopt some other form of life if he wishes to do so”.

Parental rights and responsibilities

2.4 Parents may decide to exercise their right to home-educate their child from a very early age and so the child may not have been previously enrolled at school. They may also elect to home educate at any other stage up to the end of compulsory school age. Parents are not required to register or seek approval from the local authority to educate their children at home. Parents who choose to educate their children at home must assume full financial responsibility, including bearing the cost of any public examinations. They must also ensure that their children receive suitable full-time education for as long as they are being educated at home.


Local authorities’ responsibilities

2.5 Local authorities should provide written information about home education that is clear, accurate and sets out the legal position, roles and responsibilities. This information should be made available on local authority websites and in local community languages on request. Local authorities should recognise that there are many approaches to educational provision, not just a “school at home” model. What is suitable for one child may not be for another, but all children should make reasonable progress.

2.6 Local authorities have a new duty under the Education and Inspections Act 2006 to identify, as far as is possible, children who are missing, or in danger of missing, education. The duty applies in relation to children of compulsory school age who are not on a school roll, and who are not receiving a suitable education otherwise than being at school (for example, at home, privately, or in alternative provision). The guidance issued makes it clear that the duty does not apply to children who are being educated at home.

2.7 Local authorities have no statutory duties in relation to monitoring the quality of home education on a routine basis. However, under Section 437(1) of the Education Act 1996, local authorities can intervene if they have good reason to believe that parents are not providing a suitable education. This section states that:

“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.”

Section 437(2) of the Act provides that the period shall not be less than 15 days beginning with the day on which the notice is served.

2.8 The most obvious course of action if such a concern were raised would be to ask parents for information about the education they are providing. Such a request is not the same as a notice under s 437(1). Parents are under no duty to comply, but it would be sensible for them to do so.

2.9 Section 437(3) refers to the serving of School Attendance Orders:

“If –
(a) a parent on whom a notice has been served under subsection (1) fails to satisfy the local education authority, within the period specified in the notice, that the child is receiving suitable education, and

(b) in the opinion of the authority it is expedient that the child should attend school,

the authority shall serve on the parent an order (referred to in this Act as a "school attendance order"), in such form as may be prescribed, requiring him to cause the child to become a registered pupil at a school named in the order.”

2.10 A School Attendance Order should be served as a last resort, after all reasonable steps have been taken to try to resolve the situation. At any stage following the issue of the Order, parents may present evidence to the local authority, or the court, that they are now providing an appropriate education and apply to have the Order revoked. It will be for a court to decide whether or not the education being provided is suitable and efficient. Detailed information about School Attendance Orders is contained in Ensuring Regular School Attendance paragraphs 6 to 16,.

2.11 Local authorities also have a duty under Section 175(1) of the Education Act 2002 to safeguard and promote the welfare of children. This section states:

“A local education authority shall make arrangements for ensuring that the functions conferred upon them in their capacity as a local education authority are exercised with a view to safeguarding and promoting the welfare of children.”

Section 175(1) does not extend local authorities’ functions. It does not, for example, give local authorities powers to enter the homes of, or otherwise see, children for the purposes of monitoring the provision of elective home education.

Part 3

Clear policies and procedures

3.1 The Department recommends that each local authority should have a written policy statement on home-educated children and their families, and be willing and able to provide guidance for parents and carers who request it. Local authorities should regularly review their home education policies and organise training on the law and home education methods for all their officers who have contact with home educating families.

3.2 All parties involved in home education should be aware of their roles, rights and responsibilities. LA policies should be clear, transparent and easily accessible. Any procedures for dealing with home-educating parents and children should be fair, clear, consistent, non-intrusive and timely, in order to provide a good foundation for the development of trusting relationships.

3.3 The Department recommends that each local authority should have a named senior officer with responsibility for elective home education policy and procedures.

Contact with the local authority

3.4 Many home educating parents welcome regular contact with the local authority as an opportunity to reaffirm their provision. However, where parents do not want any involvement with the local authority, the LA should not automatically assume that there is a problem which needs investigating. Instead, the LA should take a risk-based approach, taking into consideration the individual and community’s circumstances. As one example, recent research shows that “few Gypsy/Roma and Traveller parents have the knowledge, skills and resources to provide or deliver a full-time education that is efficient and suitable”. We do know that there will be Gypsy, Roma and Traveller children who do receive a good education at home. Those monitoring elective home education should seek advice from Traveller Education Support Services before engaging with parents from these communities

3.5 If information exists which may cast doubt on whether an “efficient and suitable education” can be provided, the local authority should seek to gather any relevant information that will assist them in reaching a properly informed judgement. This should include seeking from the parents any further information that they wish to provide explaining how they are providing a suitable education. Parents should be given the opportunity to address any specific concerns that the authority has. The child should also be given the opportunity, but not required, to attend any meeting that may be arranged or express his or her views in some other way.

3.6 If there are any reasonable concerns, a local authority may wish to contact parents to discuss their ongoing home education provision. Contact should normally be made by writing to the parents to request an updated report or seek a meeting. A written report should be made after such contact and copied to the parents stating whether the authority has any concerns about the education provision. Where there are concerns about the efficiency or suitability of the education being provided for the child, more frequent contact may be required. Where concerns merit frequent contact, the authority should discuss these concerns with the child’s parents, with a view to helping them improve their provision in the best interests of the child.

3.7 Many parents welcome the opportunity to discuss the provision that they are making for the child’s education during a home visit but parents are not legally required to give the local authority access to their home. They may, choose to meet a local authority representative at a mutually convenient and neutral location instead or choose not to meet at all. If they choose not to meet, they will need to provide evidence that they are providing an efficient and suitable education. Parents might, for example:

write a report;
provide samples of work;
invite a local authority advisor/consultant to their home, with or without the child being present; or
meet a local authority advisor/consultant elsewhere, with or without the child.

De-registration from school

3.8 First contact between local authorities and home educators often occurs when parents decide to home educate and approach the school (at which the child is registered) and/or the authority to seek guidance about withdrawing their child from school. It is important that this initial contact is constructive and positive.

3.9 De-registration of a child from a school is covered by section 9(1)(c) of the Education (Pupil Registration) Regulations 1995. Parents who wish to home-educate a child who is registered at a maintained school or an independent school must inform the school formally, in writing, of their intention to de-register. The school must delete the child's name from their register upon receipt of written notification from the parents and make a return (giving the child's name and address) to the local authority within 10 school days of removal. Local authorities may encourage parents to inform them direct, but have no legal right to insist that they do so.

3.10 Local authorities should bear in mind that, in the early stages, parents’ proposals may not be detailed and they may not yet be in a position to demonstrate all the characteristics of an “efficient and suitable” educational provision. In such cases, a reasonable timescale should be agreed for the parents to submit their proposals.

Providing a full-time education

3.11 Parents are required to provide an efficient education suitable to the age, ability and aptitude of the child. There is currently no legal definition of “full-time”. Children normally attend school for between 22 and 25 hours a week for 39 weeks of the year, but this measurement of ‘contact time’ is not relevant to home education where there is often almost continuous one-to-one contact and education may take place outside normal ‘school hours’. The type of educational activity can be varied and flexible. Home-educating parents are not required to:

teach the National Curriculum
have a timetable
have premises equipped to any particular standard
set hours during which education will take place
have any specific qualifications
make detailed plans in advance
observe school hours, days or terms
give formal lessons
reproduce school type peer group socialisation
match school, age-specific standards.

However, local authorities should offer advice and support to parents on these matters if requested.

3.12 It is important to recognise that there are many, equally valid, approaches to educational provision. Local authorities should therefore consider a wide range of information from home educating parents, in a range of formats. The information may be in the form of specific examples of learning e.g. pictures/paintings/models, diaries of work, projects, assessments, samples of work, books, educational visits etc.

3.13 In their consideration of parents’ provision of education at home, local authorities may reasonably expect the provision to include the following characteristics:

consistent involvement of parents or other significant carers – it is expected that parents or significant carers would play a substantial role, although not necessarily constantly or actively involved in providing education
recognition of the child’s needs, attitudes and aspirations
opportunities for the child to be stimulated by their learning experiences
access to resources/materials required to provide home education for the child – such as paper and pens, books and libraries, arts and crafts materials, physical activity, ICT and the opportunity for appropriate interaction with other children and other adults.

3.14 If, on considering the educational provision, one or more of the above characteristics appear to be lacking, local authorities may choose to further investigate whether or not an efficient and suitable education is, in fact, being provided. A full written report of the findings should be made and copied to the parents promptly, specifying the grounds for concern and any reasons for concluding that provision is unsuitable. If the authority is not satisfied that efficient education is being provided, and the parents, having been given a reasonable opportunity to improve their provision and report back to the authority, have not done so, the authority should consider serving a School Attendance Order (see section 2.7).

Children with Special Educational Needs

3.15 Parents' right to educate their child at home applies equally where a child has special educational needs. Some children with special educational needs are statemented but others are not. Where a child has a statement of special educational needs and is home-educated, it remains the local authority’s duty to ensure that the child's needs are met. The statement must remain in force and the authority must ensure that parents can make suitable provision, including provision for the child's SEN.

3.16 If the parents’ arrangements are suitable, the authority is relieved of its duty to arrange the provision specified in the statement. However, if the parents' attempt to educate the child at home results in provision that falls short of meeting the child's needs, then the parents are not making 'suitable arrangements' and the authority could not conclude that they were absolved of their responsibility to arrange the provision in the statement.

3.17 Even if the local authority is satisfied, it remains under a duty to maintain the statement and review it annually, following procedures set out in Chapter 9 of the SEN Code of Practice. Where the authority is satisfied that the child's parents have made suitable arrangements it does not have to name a school in part 4 of the child's statement, though it should state the type of school it considers appropriate and that "parents have made their own arrangements under section 7 of the Education Act 1996".

3.18 The statement can also specify any provision that the local authority has agreed to make under section 319 to help parents to provide suitable education for their child at home. If the child to be de-registered is a pupil at a special school, the school must inform the local authority before the child's name can be deleted from the school roll and the authority will need to consider whether the home education is suitable before amending part 4 of the child's statement.

3.19 A parent who is educating their child at home may ask the local authority to carry out a statutory assessment of their child's special educational needs and the local authority must consider the request within the same statutory timescales and in the same way as for all other requests. The views of the designated medical officer for SEN should be sought by the local authority where a child with a statement is educated at home because of difficulties related to health needs or a disability.
Part 4

Developing relationships

4.1 As noted in the Introduction to these guidelines, the central aim of this document is to assist local authorities and home educators to build effective relationships that function to safeguard the educational interests of children and young people; relationships that are rooted in mutual understanding, trust and respect. The guidelines outline a number of recommendations that are geared towards the promotion of such relationships.

4.2 Whilst there is no current legal obligation on education authorities or home educators to develop such relationships, doing so will often provide parents with access to any support that is available and allow authorities to better understand parents’ educational provision and preferences. A positive relationship will also provide a sound basis if the authority is required to investigate assertions from any source that an efficient and suitable education is not being provided. This will be true whether or not parents are required to demonstrate that suitable home-education provision is being made available.

Acknowledging diversity

4.3 Parents’ educational provision will reflect a diversity of approaches and interests. Some parents, especially those who have other children attending school, may wish to provide education in a formal and structured manner, following a traditional curriculum and using a fixed timetable that keeps to school hours and terms. Other parents may decide to make more informal provision that is responsive to the developing interests of their child. One approach is not necessarily any more efficient or effective than another. Although some parents may welcome general advice and suggestions about resources, methods and materials, LAs should not specify a curriculum which parents must follow.

4.4 Children learn in different ways and at different times and speeds. It should be appreciated that parents and their children might require a period of adjustment before finding their preferred mode of learning. Parents are not required to have any qualifications or training to provide their children with an appropriate education. Their commitment to providing an efficient education that is suitable for their child may be demonstrated by them providing some indication of their objectives and resources (see paragraphs 3.12 to 3.15).

Providing information for parents

4.5 The provision of clear information has an important role to play in the promotion of positive relationships. LAs should provide written information and website links for home-educating parents that is clear and accurate and which sets out the legal position, and roles and responsibilities, in an unambiguous way. We also recommend that contact details for home education support organisations should be provided. A selection of these is included in Part 5. All written information should be made available to parents in community languages and alternative formats on request.

4.6 As noted as paragraph 3.3 we recommend that LAs should, if the parents wish, provide parents who are, or who are considering, home-educating with a named contact within the authority who is familiar with home education policy and practice and has an understanding of a range of educational philosophies. If the authority has cause to invite the parents to meet with a named education authority, any such meeting should take place at a mutually acceptable location and the child concerned should also be given the opportunity to attend that meeting, or otherwise to express his or her views. Either during such a meeting, or otherwise, the parents and the authority should consider and agree what future contact there will be between them.

Contact with parents and children

4.7 Local authorities should acknowledge that learning takes place in a wide variety of environments and not only in the home. Some parents are happy for the local authority to have the opportunity to see the child in their learning environment, to enable them to see the provision at first hand. Seeing the child responding to the educational provision of the parents may provide a strong indication that an efficient and suitable education is indeed being provided. The authority does not, however, have a legal right of access to the home and the matter should not be forced.

4.8 Where a parent elects not to allow access to their home or their child, this does not of itself constitute a ground for concern about the education provision being made. Although it is recognised that the learning environment can have a bearing on the effectiveness of learning, LAs should, in the vast majority of cases, be able to discuss and evaluate the parents’ educational provision by alternative means. Parents might prefer, for example, to write a report, provide samples of work, have their educational provision endorsed by a third party (such as an independent home tutor) or provide evidence in some other appropriate form.

Child protection

4.9 The welfare and protection of all children, both those who attend school and those who are educated by other means, are of paramount concern and the responsibility of the whole community. As with school-educated children, child protection issues may arise in relation to home-educated children. If any child protection concerns come to light in the course of engagement with children and families, or otherwise, these concerns should immediately be referred to the appropriate authorities using established protocols.

4.10 Parents may choose to employ other people to educate their child, though they themselves will continue to be responsible for the education provided. They will also be responsible for ensuring that those whom they engage are suitable persons to have access to children. Parents will therefore wish to satisfy themselves by taking up appropriate references. A small number of LAs choose to assist home-educating parents in this task by undertaking Criminal Records Bureau (CRB) checks free of charge, for example, on independent home tutors. Tutors employed by an LA may also undertake work for home-educating parents, in which case, CRB checks ought to have been made already.

Reviewing policies and procedures

4.11 Authorities will wish to review all of their procedures and practices in relation to home education on a regular basis to see if improvements can be made to further develop relationships and meet the needs of children and parents. Home education organisations and home-educating parents should be involved in this process of review. Effective reviews, together with the sensitive handling of any complaints, will help to secure effective partnership.

4.12 Local authorities will also wish to bear in mind that Ofsted will report on the way local authorities cater for home-educating families within their areas.


Part 5

Support and resources

5.1 When parents elect to home-educate their children they assume financial responsibility for their children’s education. There are a number of sources of advice and practical assistance available to such parents. The Department for Education and Skills provides an information sheet for parents on elective home education, available from the Department's website at: http://www.parentcentre.gov.uk/" .

5.2 Local authorities do not receive funding to support home educated families, and the level of support will therefore vary between one LA and another. However, we recommend that all LAs should adopt a reasonable and flexible approach in this respect, particularly where there are minimal resource implications. As a minimum, LAs should provide written information (which is also available through the internet) on home education that is clear and accurate and which sets out the legal position (see previous paragraphs 4.5-4.6). Some LAs may also be able to offer additional support to home educating parents, but this will vary depending on their resources. Examples of additional support include:

Provision of a reading or lending library with resources for use with the children, on home schooling and related topics
Free, or discounted, admission into community programmes (including local authority owned community and sports facilities)
Access to resource centres (including local school resources where feasible)
National Curriculum materials and curricula offered by other educational institutions
Information about educational visits and work experience

The National Curriculum

5.3 Although home-educated children are not required to follow the National Curriculum a number do. National Curriculum tests and assessment arrangements are developed and administered by the Qualifications and Curriculum Authority (QCA) on behalf of the Secretary of State. Information to support these arrangements is provided both electronically and in hard copy through the QCA's website at http://www.qca.org.uk/ or by telephoning their publications office on 01787 884 444.

5.4 In addition, the DfES's website at http://www.dfes.gov.uk/ will allow access to the National Curriculum and associated schemes of work, aimed at setting standards across all schools. Some documents are also distributed via Departmental publications which can be accessed through links on The Stationery Office site athttp://www.the-stationery-office.co.uk or by telephoning Prolog on 0845 602 2260.

Connexions Service

5.5 The Connexions Service is for children and young people aged 13-19 years living in England (see http://www.connexions.gov.uk/). Its services and responsibilities cover children and young people who are being educated at home. The LA is a key partner in a local Connexions Partnership and each must review how it will bring coherence to the different services and agencies within the area. The Connexions Service needs to maintain an overview of the learning and work status of all young people of a relevant age and ensure that individuals do not fall between the responsibilities and remit of different agencies and thus become marginalized or lost to the system. LAs may be asked (as partners of Connexions) to provide details of children and young people being home educated; the Learning and Skills Act 2000 gives powers for various partners to share information with Connexions, subject to normal data protection principles.

Flexi-schooling

5.6 “Flexi-schooling” or “flexible school attendance” is an arrangement between the parent and the school where the child is registered at school in the normal way but where the child attends the school only part time; the rest of the time the child is home-educated (effectively on authorised absence from school). This is sometimes done as a short term measure for a particular reason. "Flexi-schooling" is a legal option provided that the head teacher at the school concerned agrees to the arrangement.

Local authorities’ role in supporting work experience

5.7 Work experience is not a statutory requirement. However, the Government’s objective is for all Key Stage 4 pupils to undertake work experience in the last two years of compulsory schooling. Over 95% of Key Stage 4 pupils go on placements each year. The law relating to the employment of children generally places statutory restrictions and prohibitions on employers in this regard. But where the employment is in accordance with arrangements made by an LA or a governing body these restrictions will generally not apply where the work experience is arranged only with a view to providing pupils with work experience as part of their education in their last two years of compulsory schooling.

5.8 Children educated at home have no entitlement to participate in work experience under arrangements made by an LA but we wish to encourage LAs to assist the parents of such children who wish to do so to pursue work experience through such arrangements. Where home-educated children do participate in such schemes, consideration should be given to the extent to which such children are covered by, for example, insurance provision.

Education Maintenance Allowance (EMA)
5.9 Education Maintenance Allowance is a means-tested grant available to learners over the age of 16, if they stay on in education at school or college after GCSEs. It is not available to learners whose parents elect to educate them at home after the age of sixteen.
Truancy Sweeps

5.10 When planning and running truancy sweeps, LAs should refer to the DfES "Truancy sweeps: Effective practice and advice" which is available at http://www.dfes.gov.uk/schoolattendance/truancysweeps" . This includes a section on children who are educated outside the school system. Those taking part in the sweeps, including police officers, should be fully familiar with this guidance and be aware that there is a range of valid reasons why school-age children may be out of school.

Gypsy, Roma and Traveller Children

5.11 LAs should be sensitive to the distinct ethos and needs of Gypsy, Roma and Traveller (GRT) communities. When a GRT family with children of school age move into an area they are strongly encouraged to contact the local Traveller Education Support Service for assistance. Most LAs provide such a support service. Further guidance can be obtained from the DfES Guide to Good Practice on the education of GRT children – “Aiming High: Raising the Achievement of Gypsy Traveller Pupils” which can be obtained from DfES Publications (reference DfES/0443/2003). Another (external) source of information is http://www.gypsy-traveller.org/education/.



Annex A

Qualifications options

The following information sets out some of the options available to home-educating families who wish to provide opportunities for their children to study for recognised qualifications. This is not an exhaustive list, but sets out the main options available and provides contact details for relevant organisations. Please note that the following information is also liable to change from time to time.

Enrolment at a Further Education College

Some colleges may, at the discretion of the Principal, be willing to accept children of school age for full and part-time courses. This approach has the advantage that all the work and entry for qualifications is organised by the college, but it does require at least some attendance at classes which will not appeal to all home-educating families. If a student enrols at a FE college, their parents will normally be liable to pay all of the course fees themselves unless the education authority or the Learning and Skills Council are willing to provide funding. Colleges also have the discretion to waive fees, which they may do for low income families.

Self-Study

Many home educating families prefer not to enrol for attendance at a further education college but choose instead to work independently towards recognised qualifications. Because of compulsory internal assessment components, there are many subjects and qualifications which are not available to external candidates unless an appropriate arrangement can be made with an approved centre which meets with the examining board’s requirements. Some centres and examining boards may be willing to accept coursework which has been marked and authenticated by a private tutor. Thus, families who study for qualifications from home will need to:

contact the relevant examination board to find out about their requirements;
register with an approved centre for their child to be presented for the qualification; and
pay a registration fee for each subject their child will take.

It may also be possible for a group of home educators to consider seeking approved status in their own right.

Correspondence Courses

Correspondence courses can be an option for students who prefer to work independently, though they will be required in most cases to follow a structured curriculum and programme of work. Correspondence courses offer a wide range of qualifications at different levels and the organisations offering these courses will advise about arrangements which need to be made for registering with an examination centre and for marking and authenticating coursework. The cost of this option varies depending on the organisation and the qualification chosen, but can prove expensive.

There are an increasing number of organisations offering open and distance learning courses. The following contacts provide a useful start in finding a suitable course and organisation:

The Open and Distance Learning Quality Council (ODLQC) is an independent body which accredits open and distance learning courses. The ODLQC produces a free information leaflet which lists all approved organisations and their courses. Contact:

16 Park Crescent, London, W1B 1AH
Tel: 020 7612 7090 Fax: 020 7612 7092.
Website: http://www.odlqc.org.uk/
E-mail: mailto:info@odlqc.org.uk

The Association of British Correspondence Colleges (ABCC) is a voluntary association of colleges which comply with a code of ethics. Contact:

PO Box 17926, London SW19 3WB
Tel: 020 8544 9559 Fax: 020 8540 7657.
Website: http://www.nationline.co.uk/abcc
Email: mailto:abcc@msn.com"

The British Association for Open Learning (BAOL) promotes quality and best practice in open, flexible and distance forms of learning. BAOL members work to a code of practice for open learning and are listed on the BAOL website. Contact:

Suite 12, Pixmore House, Pixmore Avenue, Letchworth, Hertfordshire, SG6 1JG
Tel: 01462 485 588 Fax: 01462 485 633
Website: http://www.british-learning.com/"
Email: mailto:info@british-learning.com


Alternative qualifications

The internal assessment component of many UK qualification courses such as Standard Grades, National Qualifications and GCSEs can restrict the choice available to home educated students. The following qualifications have, however, been identified as particularly suited to home study students as they are not dependent on internal assessment and moderation.

International Certificate of Christian Education (ICCE)

The International Certificate of Christian Education (ICCE) provides a graduated series of certificates, ranging from the equivalent of lower tier GCSE examinations (grades D-G) to A2 examinations. Examinations are conducted at home under the supervision of parents, but the Board has strict moderation procedures to ensure the validity of results.

Contact: The European Academy for Christian Homeschooling (TEACH)
Marantha House, Unit 5, Northford Close, Shrivenham, Swindon,
Wiltshire, SN6 8HL
Tel: 01793 783783 Fax: 01793 783775
Website: http://www.christian-education.org/
Email: mailto:admin@ncscboard.org.uk or mailto:cee@christian-education.org


Examining boards

The Assessment and Qualifications Alliance (AQA)

The AQA is one of three unitary examining bodies in England incorporating the now merged Associated Examining Board and the Northern Examinations and Assessment Board. The AQA also has responsibility for the City and Guilds' GNVQ qualification.

Contact: AQA, Devas Street, Manchester, M15 6EX
Tel: 0161 953 1180 Fax: 0161 273 7572
Website: http://www.aqa.org.uk/
Email: mailto:mailbox@aqa.org.uk"

Oxford Cambridge & RSA (OCR)

OCR is one of three unitary examining bodies in England incorporating the RSA (Royal Society of Arts), UCLES (University of Cambridge Local Examinations Syndicate), and MEG (Midland Examining Group).

Contact: OCR Information Bureau, General Qualifications:
1 Hills Road, Cambridge, CB1 2EU
Website: http://www.ocr.org.uk/
Tel: 01223 553998 Fax: 01223 552627
Email: mailto:helpdesk@ocr.org.uk"

OCR Information Bureau, Vocational Qualifications:
Progress House, Westwood Way, Coventry, CV4 8JQ
Tel: 024 7647 0033
Fax: 024 7646 8080
Email: mailto:cib@ocr.org.uk

Edexcel

Edexcel was formed in 1996 by the merger of BTEC and the University of London
Examinations and Assessment Council (ULEAC). Edexcel is one of the main examination boards for England and Wales.

Contact: Edexcel, Stewart House, 32 Russell Square, London, WC1B 5DN
Tel: 0870 240 9800 Fax: 020 7758 6920
Website: http://www.edexcel.org.uk/
Email: mailto:enquiries@edexcel.org.uk

Annex B
Useful contacts

Education Otherwise Association Limited

Nationwide charity for home education information and support. Subscription of £20 also entitles members to receive a handbook, UK and overseas contact list and bi-monthly newsletter, access to further resources, special interest and local groups and national gatherings

Address: PO Box 7420
London
N9 9SG

Website: http://www.education-otherwise.org/"
mail: mailto:enquiries@education.otherwise.org"
Helpline: 0870 7300 074


Home Education Advisory Service
HEAS produces a range of publications and leaflets on different aspects of home education. Annual subscription (currently £13.50) gives access to the Advice-line, quarterly magazine, card for educational discounts, resources for loan and a regional list of other subscribers.

Address: P.O. Box 98
Welwyn Garden City
Hertfordshire
AL8 6AN

Website: http://www.heas.org.uk/"
E-mail: mailto:enquiries@heas.org.uk"
Helpline: 01707 371854

Home Education UK

Website: http://www.home-education.org.uk/

Home Education Resources

Website: http://www.home-education-resources.org.uk/

The Home Service – a national Christian home education group

Website: http://www.home-service.org/

Christian Home School

Website: http://www.homeschool.co.uk/"

Muddle Puddle – an independent site focusing on learning for 0-8 year olds

Website: http://www.muddlepuddle.co.uk/"

Advisory Centre for Education

Website: http://www.ace-ed.org.uk/"


DfES related links:

Education of Sick Children
http://www.dfes.gov.uk/sickchildren
http://www.dfes.gov.uk/mentalhealth

Ethnic Minority Achievement Project
http://www.standards.gov.uk/ethnicminorities

Exclusions and Alternative Provision
http://www.dfes.gov.uk/exclusions

Looked After Children
http://www.everychildmatters.gov.uk/socialcare/lookedafterchildren

Questions for Consultation


1. Do you agree that it is helpful for the DfES to issue guidelines to local authorities?

2. Do you agree that the description of the law (paragraphs 2.1-2.3) relating to elective home education is accurate and clear?

3. Do you agree that the description of local authorities’ responsibilities (paragraphs 2.5-2.11) is accurate and helpful?

4. Do you agree that the section on contact with the local authority (paragraphs 3.4-3.7) is accurate and helpful?

5. Do you agree that the section on providing a full-time education (paragraphs 3.11-3.14) – and in particular, the characteristics of provision (paragraph 3.13) – is accurate and helpful?

6. Do you agree that the section on developing relationships (section 4) is useful?

7a. Are the suggested resources in section 5 and appendix 2 useful?

7b. Should any other contacts be included?

Please use this space for any other comments you wish to make about the guidance

Mr Justice Woolf in the case of R v Secretary of State for Education and Science, ex parte Talmud Torah Machzikei Hadass School Trust (12 April 1985)
Statutory Guidance for Local Authorities in England to Identify Children not Receiving Education available at http://www.everychildmatters.gov.uk/ete/childrenmissingeducation/.


Phillips v Brown (1980)
Available at http://www.dfes.gov.uk/schoolattendance/prosecutions/index.cfm

The situation regarding the current policy, provision and practice in Elective Home Education for Gypsy, Roma and Traveller Children, Ivatts, 2006.
Section 324(4a) of the Education Act 1996 “does not require the name of a school or institution to be specified [in a child’s statement] if the child’s parent has made suitable arrangements”.
Working Together to Safeguard Children, Home Office, Department of Health, DfES & Welsh Office, 1999.
see section 560 of the Education Act 1996, as amended by section 112 of the School Standards and Framework Act 1998

HE Street Performers on Tour


...this time, in our county town. Bloomin' marvellous!
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Update on Draft Responses to Consultation on Elective Home Education Guidelines

Below, with many thanks to HEors elsewhere for providing considerable amounts of inspiration for these answers, is an updated draft of a response to the DfES Consultation on Guidelines for Elective Home Education.

The draft answers to the consultation are highlighted in blue. Criticisms of this response are very likely to be gratefully received, and much help needed with the SEN section!

Please feel very free to use any answers below as inspiration for your responses: the more responses the DfES receive from HEors the better, whether these be from individual home educators or local groups to national organisations. We cannot let this process be co-opted by the LAs. The DfES need to know just how strongly we feel about the way we are approached by the authorities and that we do demand decent treatment. If we do manage a sufficient number of responses from HEors and the DfES simply choose to ignore us, we will go to the press and complain like fury. We will go back to the Better Regulation Executive and start shouting all over again, but first we must make sure that our voice is heard. Please do put in a response!

Many points in the draft guidelines are not covered in questions in the consultation. Important criticisms of the neglected points are required. When this is the case, these criticisms have been included in the consultation question that most closely covers the section in the guidelines.

Before you look down, and panic at the screeds below, I can summarise by saying that I think there are two main areas that HEors need to tackle in their responses. These are:

1. that the guidelines do not make reference to any possible consequences of the Children Act 2004. We need to make it explicit in the guidelines that the Act should not change the way in which the LAs would be best to approach us. For example, we might do well to say that although people like the Children's Commissioner have been tasked with asking our children for their views, that the views of these children is most often that they want as little interference from the authorities as possible and furthermore, that they don't want to be solicited by the authorities for their views. The guidelines also need to be clear that parents remain principally responsible for meeting the five desired outcomes for children as stipulated in the act. The LA and community only have a role to play when parents fail to try to meet these objectives.

2. Rather than using the Children Act to seek to intrude upon the lives of HEors, we would find it far more constructive to use it to facilitate various aspects of HEors lives which are currently difficult to manage. We would perhaps like to see a named contact in LAs who is specifically trained in all kinds of HE, whose remit is not principally to check up on HEors but is there to facilitate HE. This person would have responsibility for helping HEors access courses and examinations, arranging work experience and sorting out volunteering placements, and any other resources.

3. We also need to require the guidelines to be explicit and precise about how LAs are best to approach us. At the moment, the guidelines are not clear on the principle and practice. My feeling is that LAs should adopt the principle of minimal proportionate intervention, starting from the point that if, on balance of probabilities, it appears that a suitable education is being provided, that it is completely acceptable for an LA to leave a family completely alone. They can move through the policy of one-off written communications, through to more extended written communications, through to requests for meetings, but all of this should only be done in the situation that it is deemed that there is cause for concern and that further communication is therefore necessary. We do not want to "HAVE" to have a relationship with the LA, a requirement that in itself would seem to preclude the possibility of it being a good one.

= = = = = = = = = =

Consultation Questions

1 Do you agree that it is helpful for the DfES to issue guidelines to local authorities?

Yes
No
Not Sure
No Response
Comments:

It would rather depend on the final nature of the guidelines. If the guidelines accurately interpret the law and demonstrate an understanding of the nature of home education, they are likely to be helpful.

As it stands, some parts of the guidelines are repetitive and/or require tightening to reduce ambiguity. For example in the last regard, the current draft does little to reassure local authorities about the limits of their duties and the limits of the expectations upon them, particularly with relation to the appropriate way to implement the Children Act 2004. The guidelines should be explicit that the act should not change the way in which LAs should approach and deal with Home Educators. It is the case that if LAs were to insist upon unwarranted inspection, monitoring and the setting of various standards in almost all aspects of family life, (as could easily be inferred from a misinterpretation of the Children Act), they would risk violating the privacy of families, causing more upset than they solve, and ultimately in taking upon themselves the power to decide how people conduct their lives, they would effectively be acting in loco parentis. This could set a very unfortunate precedent which we feel sure that all of us would rather avoid.

The guidelines need to be clear that parents remain principally responsible for meeting the five desired outcomes for children as stipulated in the Act. The LA and community only have a role to play when parents fail to try to meet these objectives.

Further re ambiguity and omissions, we see that there is no mention of section 1.7 of the Guidance that accompanies the Children Act states that "the voice of children, young people and their families should be heard at all levels in order to inform local design and delivery of the arrangements ". These draft EHE guidelines should clarify that since many home educating families expressly prefer to be left alone by the authorities and given that there is no reason to believe that these families are neglecting their duties towards their children, that this position should inform guidance and practice and should not be taken as an indication of risk.

Rather than using the Children Act to seek to intrude upon the lives of HEors, we would find it far more constructive to use it to facilitate various aspects of HEors lives which can currently be difficult to manage. We would perhaps like to see a named contact in LAs who is specifically trained in all kinds of HE, whose remit is not principally to check up on HEors but rather to facilitate HE. This person would have responsibility for helping HEors access courses and examinations, arranging work experience and sorting out volunteering placements and any other resources.

The guidelines could also benefit from greater clarity over the matter of the best policy for LAs when approaching home educating families, the principle for which should be that of minimal proportionate intervention. The processes involved in this need to be laid out explicitly and sequentially. For example, it should be clear that an LA does not have a duty to have any contact with a family when it appears on balance of probabilities that an education is taking place. LAs are best to go through a gradual process of establishing contact and that they should only do so on the basis that there appears to be some need to do so. So for example, if there is a need to establish that on balance of probabilites that a suitable education is taking place, then the LA should communicate with the family in writing. Again, there need not necessarily be any necessity for further action at this point, see below, in response to Question 6.

An alternative draft which eliminates these problems could be produced by home educating organisations.

However, even in the situation of achieving a satisfactory set of guidelines, there appears to be no intention on the part of the DfES to enforce these guidelines, so whatever the outcome, we envisage that at least some local authorities are likely to continue to apply heavy-handed and inappropriate measures to home educators, and we would appreciate a standard procedure for addressing complaints raised by home educators.

In Scotland there has been Guidance for three years but home educators still suffer unacceptable treatment from local authorities who have no regard for the Guidance, (see Schoolhouse's response to the Scottish consultation here. This rightfully causes us to question the value of guidelines given that there are to be no sanctions. How can the English guidelines avoid the same fate?

re: section 1.1. The second use of the word "home" in the first sentence should be replaced with "other than at school."

re: section 1.2. The word "broad" should be replaced by "suitable".

re: section 1.4 "various" should read "any number of different". The sentence "the authority's primary interest should lie in the suitability of parents' educational provision" should be altered to make it clear that the authority does not have a duty to check for suitability, and only need to do so when there is good cause to suspect that a suitable education is not taking place. The list of reasons to home educate is not exhaustive and serves no useful purpose, given that the reason is irrelevant unless a parent is asking for help to stay in/return to school.

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2 Do you agree that the description of the law (paragraphs 2.1-2.3) relating to elective home education is accurate and clear?

Yes
No
Not Sure
No Response
Comments:

The overall tenor of this section is accurate. However, I feel that it will be all too easy for LAs simply to ignore it, and not understand the implications of so doing. For example, it would be very easy for LAs to override the principle of parental responsibility for education if they were to try to insist on more duties or even if they were to intrude and regulate without further powers to do so. LAs need to know that if they create duties for themselves, or generally force us to conform to their standards, that they will, in effect, take over responsibility for education and that they therefore will be held responsible should they fail in the duty to educate our children. Section 7 of the Education Act which designates parents responsible for the education of their children would need to be re-written to reflect the fact that the state is now responsible for the education of children and given that this consequence is unlikely to be desired by almost everyone, it may be helpful to provide elucidation on this point here.

Also, with regard to Ed Act 1996 Section 7, it should be stressed in guidance that an education has to be suitable for the child, not suitable for the standards of someone else. For example, we repeatedly hear how many educationalists think that schooling fails many boys and that there is no consensus even amongst the experts as to the best way to proceed in this regard, so the best thing we can do is to offer what seems to be the best personalised education for each child. This educational provision may well not take the form of a structured curriculum, or anything which the retired headmasters who then become ill-informed HE LA inspectors would regard as their preferred form of education and yet it brings huge benefits and results for the child. For example, I know of several children who left school at around the age of 10, unable to read or write, severely depressed, even to the point of threatening suicide, who when left to develop at their own pace were reading beyond their age level in only a couple of years. The education they received was far removed from the National Curriculum, and yet they were able to find their way to literacy in their own time, when they were ready, without the pressure and when they were motivated to do so.

Given the ease with which LA officers ignore this point, it may therefore be useful to stress here that the only benchmark is that the education be suitable for the child.


With regard to parental responsibility for education, it is the case that parents are frequently by far the best placed to assess an education for suitability for their children, for whilst they may not have degrees in teaching or educational psychology, they have instead, years of experience of working with their children. They know their histories and understand their unique needs. Parents may well share and empathise with the learning styles of their children, are likely to be highly motivated to provide a personalised education and to solve the problems they face. Whenever necessary, (and only when strictly necessary, ie: when there is reason to undertake informal enquiries, or when there are good grounds to believe that a suitable education is not being provided), LAs should therefore be encouraged, through explicit mention in guidelines, to respect parental assessment of suitability of education.



re: section 2.4. It might be helpful for LAs if the word "full-time" was appended here with "(see section 3.11)". Also, there is no reason to emphasise "full" financial responsibility, since there is no reason in statute why LAs could not assist home educators financially, and indeed some already do so, through the provision of various services.



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3 Do you agree that the description of local authorities’ responsibilities (paragraphs 2.5-2.11) is accurate and helpful?

Yes
No
Not Sure
No Response
Comments:

At some point in this section, it would be helpful to remind LAs of their responsibilities under the ECHR legislation, with particular regard here to Article 8:

"Everyone has the right to respect for his private and family life, his home and his correspondence. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others."

In other words, LAs do not have the right of access to the home without their being cause for belief that a child is at risk.

re: section 2.5. The second main point in this paragraph does not follow from the first. I would suggest that the sentence starting "Local authorities should recognise that there are many approaches..." contains a point of such significance that it merits a paragraph of its own.

re: section 2.5. It would be helpful to remove the phrase "all children should make reasonable progress" from a paragraph dealing with local authority responsibilities, since this appears to imply that it is the duty of LAs to monitor for progress since monitoring of progress is the responsibility of parents.

Upon hearing of a HE child, the LEA need to ask themselves only if it is likely on balance that s/he is in receipt of a suitable education. This is not a monitoring or progress-reporting role. It is a snapshot glance and a judgement-call based on that snapshot. If that glance would suggest to a reasonable person that all is likely to be well with the educational provision and the parent appears to be law-abiding and aware of their legal S7 duty, it naturally extends from that the parent is appropriately attentive to the educational needs of their child according to his/her age, ability and aptitude and therefore progress *will* be suitable to that child. It is most certainly not for the LEA to monitor progress and nothing in the guidelines must even hint at that.

Also, when LAs do have cause for requiring evidence of education, they do not have to make a call on the progress made; they simply have to decide whether the educational provision is suitable to age, ability and aptitude.

re: section 2.6. This could be worded more helpfully, since from the first part of the paragraph which states that LAs have a new duty to identify children missing from education, it would not necessarily be clear to an LA officer how this duty does not apply to children who are being educated at home, as stated in the last sentence. Perhaps the following could be included by way of further elucidation for LAs: "If a child comes to the notice of a local authority as not being registered at a school, the LA may ask the family about educational provision and upon receipt of information that a child is being educated at home, the LEA should assume, in the absense of evidence to the contrary, that this is indeed the case."

re: section 2.7. From the first sentence - "the quality of" and "on a routine basis" need removing. There is no statutory duty at all, routine or otherwise, to "monitor" quality or anything else about EHE.

re: section 2.8. It would be helpful if the order of 2.7 and 2.8 made it clearer that the enquiries mentioned in 2.8 should precede the process in 2.7.

It would also be helpful to make it clear that these enquiries are not bound by a 15 day minimum, and that conversely, there is no requirement for LAs to do as they frequently do, which is to require a response in a 15 day maximum time-span.

It would also be helpful if it were made clear that the enquiries mentioned in 2.8 may well never lead to the formal process in 437(1) of the Education Act 1996.

re: section 2.9. More emphasis could be made of the (b) part of 437(3). The LA should ask themselves whether, in the presence of a failure stated in 437(3)(a), they really believe that the only useful course of action is to put the child into school, ie: (b). Could the child receive a suitable education out of school with some more help, input, resources etc? The DfES should make it clear to the LAs that they have it within their legal and financial scope to assist the parent in their preferred choice of eduacational provision, and that they must use their funds and resources in non-discriminatory ways to benefit all children in their area. EHEers are not to be discriminated against because of their choice any more than persons choosing a particular religious education. After all, every child matters!

It would be helpful to add the information that the LA must notify the parent of their intention to issue an SAO before they actually do so and they must also let the parents know the school to be named in the notice.

re: section 2.11. We are pleased to note that Section 175(1) of the Education Act 2002 does not extend local authorities' functions. It might also be useful to clarify here that the Children Act 2004 also does not confer duties upon LAs to seek out problems (be they educational or other welfare issues) where there is no reason to believe that there are any and that home education, in itself, is not a reason to suspect that child welfare problems exist. There should be sufficient grounds for anxiety whether it be over the issue of educational provision or welfare, before the privacy of families is invaded.

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4 Do you agree that the section on contact with the local authority (paragraphs 3.4-3.7) is accurate and helpful?

Yes
No
Not Sure
No Response
Comments:

There is no room in the consultation to provide critique on sections 3.1 to 3.3. However, we feel that Section 3.1 should say that policy reviews must always be mindful of the law because it is at those times that documents may stray away from legislation and guidance. We also feel that it would be helpful to include HEors (both local and national) in these reviews.

Section 3.4. The first word in this section, ie: "many" should read "some" as this choice of word is unlikely to misrepresent the situation. Rather there is good reason to believe that the many HEors do not welcome contact with LAs, often because they believe that contact rarely benefits them substantially, and contains the possibility that their way of life may be profoundly affected in an non-consensual fashion.

It is inappropriate to single out a specific group of children, ie here: Gypsy, Roma and Traveller children. All children in England will come under the same legislation and guidelines and whilst it could be helpful when trying to ascertain whether an appropriate education is taking place to contact various organisations such as the Traveller Education Service, I do not feel that it is necessary or desirable to single out target groups in this manner, as it risks creating prejudice and ill-informed judgements.

It would be preferable instead to make it clear that an LA should not act in a prejudicial fashion. Somewhere in paragraphs 3.4 to 3.6, it should be clarified that income, housing, race, religion, sexual orientation, profession and educational qualifications are not in themselves grounds for reasonable concerns about ability to provide a suitable education.

re: section 3.5. The word "judgement" should read "decision on a balance of probabilities".
There is no legislation that allows LAs to directly approach the child so they have to accept that the parent will have respected their child and offered them whatever freedoms the parent sees fit to have with regard to access to the LA. It is necessary to realise that if LAs really do want to take the views of children seriously, that the child may not want to be approached by the LA in order to gather his views on whether or not he wants to meet with them. To insist on a meeting to gain consent for a meeting is to disregard the spirit of the Children Act 2004, which proposed that the views of children be taken seriously. If the LEA has good reason to think a child is not being heard and as a consequence of this, their welfare, educational or otherwise, is at risk, they may take action in the form of SAOs or referral to social services, but direct communication with the child cannot be required routinely.

re: section 3.6. "Ongoing" needs deleting - the "snapshot" is all that is required.

re: section 3.7. Replace the first word "many" with "some" (see explanation above) and remove a comma after "they may, " in second sentence.

This paragraph would need to be re-written in order to make it clear that the manner of presentation of evidence should not prejudice the decision about whether or not an appropriate education is taking place. As it stands, it could read as if parents who permit a home visit are likely to be viewed favorably. For example, the phrase "" if they choose not to meet" implies that they have chosen to present evidence in the way preferred by the LA, when all they have actually done is choose to present evidence in a perfectly legitimate fashion.

There are no consultation questions about sections 3.8 to 3.10.




re section 3.8 Citing this particular deregistration scenario is misleading because it suggests that parents need or should seek "guidance" from the school or LA about deregisration from school, whereas it is equally valid for there to be no first contact between parent and LA. In other words, the parent sends a letter of deregistration to the school, the school deregisters the child and informs LA, the LA assume (in the absence of reason to think otherwise) that the family are providing a suitable education. At the very least, it should be clear here that it is legitimate for the LA to take no further action at this point.

re: section 3.9 - wrong regulations. The second sentence "wish" should read "decide" as the former makes it look like they need permission and "intention" may more usefully read "decision". Returns from school to LA must be immediate. The last sentence should not be included, since there is no reason why an HE family will benefit from contact with their LA, and could create a situation where LAs assume that if a parent chooses not to inform them, that there are likely to be problems with educational provision, when it is much more likely that the family feel that they would benefit from being left alone for a while, without the heavy hand of a system that may have already failed them, bearing down on them.

re: section 3.10. This is nothing to do with deregistration so is under the wrong heading - it is about LEAs making initial contact with a parent. "Proposals" is not a useful word as it suggests the parent is putting something forward for approval before going ahead. Parents are not required, even when they are settled, to demonstrate all the characteristics of a suitable education. Parents are only expected (by Donaldson) though are not required by statute, to respond to an LA enquiry with enough information to satisfy them that there is no appearance of a S7 failure. Saying a reasonable timescale should be agreed is risky - agreed with and by whom and what is reasonable?

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5 Do you agree that the section on providing a full-time education (paragraphs 3.11-3.14) – and in particular, the characteristics of provision (paragraph 3.13) – is accurate and helpful?

Yes
No
Not Sure
No Response
Comments:

re section 3.11. It would be preferable to explain that full-time is not defined and that it is for a parent to judge whether the amount of time their child spends in education is sufficient to provide them with an education suitable to age, ability and aptitude. ie full-time is a personal measurement. The idea of so much one-to-one contact risks creating the impression that home educated children must be hot-housed and/or personally tutored.

There should be clarification accompanying the list of that which HE parents are not required to provide, that LAs must make all of this information clear to parents when they first establish contact with one another. This is important since LAs often take advantage of those who are new to HE, and for example, do not let these families know that they are not required to teach the National Curriculum.

re: section 3.12. LAs MUST consider ANY info from parents in ANY format, not just a "wide" range. The last sentence is too limited/prescriptive and needs dumping.

re: section 3.13. It appears here that the LA they are trying to write a definition of "suitable". A list of criteria as can be found at this point is likely to become a requirement which will be cited in case law some time in the future. Therefore any list has a significant potential to alter the legal situation for HEors and raises expectations for certain inclusions that are neither legally required or educationally necessary.

re: section 3.14. The header, for 3.11 to 3.14 is "Providing a full-time education". However it is mostly about the content of that education and 3.14 is about sanctions when their list in 3.13 is not seen to be completely adhered to. It is all about much more scrutiny than is legally required. It assumes that one unfulfilled bullet point is good reason to suspect a section 7 failure, so those bullet points would need to be VERY tight.

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6 Do you agree that the section on developing relationships (section 4) is useful?

Yes
No
Not Sure
No Response

Comments:

re: sections 4.1. Assisting the development of relationships between LAs and HEors should not be the central purpose of the guidelines, since these are by no means necessarily essential to the successful education of a child. The main purpose of the document should be to ensure legal compliance and proper treatment by LAs in the service of the provision of a suitable education to home educated children.

Whilst section 10 of the Children Act 2004 states that each children's services authority must make arrangements to promote co-operation between the authority, each of the authority's relevant partners and such other persons or bodies as the authority consider appropriate, being persons or bodies of any nature who exercise functions or are engaged in activities in relation to children in the authority's area, there is no clear duty that LAs should make arrangements to promote relationships between themselves and HEors, nor is there an equivalent duty placed upon home educators to make arrangements to build effective relationships with LAs, nor could it be stipulated that there is a duty to have these "co-operative" relationships and although this much is stated in section 4.2, section 4.1 could easily be taken to imply the opposite and should therefore be re-written so as to make it clear that HEors and LAs do not have to develop a relationship.

This is important to stress at this point because it is the case that many home educators do not want any relationship with the LA, but would not want to be judged negatively for this. They simply prefer to maintain the privacy of their families in the knowledge that they are sufficiently well-supported without the assistance of the state, they are not doing anything illegal and therefore do not warrant any investigation by authorities. LAs need to realise that they act as public servants and respond only in situations of need. They should not insist upon establishing relationships as to do so (even if very politely), is to destroy the genuine possibility of an equal, co-operative and trusting relationship.


re: section 4.3. I would suggest removing the phrase "especially those who have other children attending school", as it is very likely to lead to false assumptions about the style of education provided. For example, many parents provide a very structured form of education without ever having sent any of their children to school. Other parents with some schooling children provide a more child-centred form of education where the parent responds to the enquiries of the child.

re: section 4.4. It states: "(see paragraphs 3.12 to 3.15)." These section numbers probably refer to 3.12 and 3.13 which contains the list (see critique re: 3.13 above).

re: section 4.6. Given that the header here is "Providing information for parents", only the first sentence is required here. The rest has nothing to do with providing information and should be included in the following section 4.7 which deals with "Contact with parents and children". It would be helpful to make it clear that it is appropriate for LAs either to leave HE families alone or to be in occasional or if needed regular written contact with HE families and that they only need invite HE parents and children to a meeting in the situation that they have due cause to do so, and that this may be a one-off meeting, if that is all that is required.

After "future contact", insert "if any" to highlight the fact that ongoing contact is not a legal requirement. In addition, it needs to be clear that it is the parent's prerogative to offer the child access to the LA if they wish, not the LAs.








Further, how are the authorities going to satisfy themselves that the child has been given this opportunity to attend the meeting, other than by meeting with the child themselves? If this is the intention here, it should be clear that many children have no desire to meet with the LA whether it be to discuss their education, or to discuss whether they want to meet with the LA to discuss their education.










re: section 4.7. Singling out home visits and using weighted words like "strong indication" gives undue preference to the HV option. This weighting should be changed to show clearly how the LA can act in appropriate and proportionate fashion. It is actually the case that many children will not respond at all well to the knowledge that a stranger will come into their homes to judge them on their whole way of life, with that stranger having the power to remove in it's entirety. To think that a home visit is necessarily the best way to judge the educational provision is to fail to understand the way in which these visits are often perceived by HEors, who frequently find them traumatic and undermining. In addition, many children who HE have also suffered considerably as a result of over-zealous officials in schools, and intrusion into the home of such children is likely to be more damaging than helpful. LA officials need to be made aware of this problem in these guidelines. It is the case that despite the guidelines, but with no power to enforce them, HEors will still remain on tenterhooks to find out whether or not their LA official will behave appropriately and whether or not their lives are to be altered profoundly, in a way which they are likely to believe is not in the best interests their children. Therefore, as a principle of good practice, it would be preferable if LAs practiced the principle of proportionate minimal intervention or only provided services when they are requested to do so by HEors.

re: section 4.8. Together with section 4.7, this paragraph appears to be approaching the problem of LA contact from the wrong angle. It would be better to state the principle of proportionate minimal intervention at the beginning, stating that LAs do not have a duty to do anything in the situation that it appears on balance of probabilities that an education is being provided and that in order to establish this, written communication is an appropriate measure and that more or ongoing communication is only necessitated should there be concerns of one sort or another, and that meetings with HE parents and children are only necessitated as a last resort, when there is some basis for concern.

There should be clarity about 'audi alteram partem' and no weight or preference allowed. Then there should be a section that says that LEAs MUST NOT state, request or insist upon any preferred method of providing info and that to do so in particular for HVs is a violation of a family's human rights. They should be reassured that in those exceptional circumstances when there is genuine concern that a child is at risk there are already SS procedures available and if there is real warranted concern that the child's education is not suitable, they have section 437 Education Act to call upon.

re: section 4.9. Whilst the welfare and protection of all children is unquestionably paramount, it is not necessarily clear that it is the automatic responsibility of "the whole community". It is only clear that morally it is the parents who have automatic and primary responsibility for the welfare and protection of children. It is only in the situation that a parent fails to meet this responsibility that the wider community assumes some responsibilities in these areas. There should be a clear statement that LEAs should not try and do not need to manipulate education law as a means of addressing welfare concerns, as social services already have adequate tools at their disposal.

re: section 4.9. The first sentence needs to be more clearly stated in order to avoid some potentially erroneous inferences. So whilst it is clear that the welfare of children is of paramount concern to the whole community, it should be clearly stated that welfare of children is not primarily the responsibility of community. Instead it should be clear here that parents have the primary responsibility for ensuring the welfare of children. The state only has a duty to deal with the welfare of children when the parents failed to meet this responsibility.

It would be helpful to make it clear that elective home education is not, of itself, a reason for welfare concerns and that the duties conferred upon LAs in the Children Act 2004 do not extend their rights to intrude upon the privacy of families. It would also be helpful to stipulate that upon receipt of information that a child is educated at home, an LA would be wise to make written enquiries about the nature of that education, and only pursue the matter further if there are other reasons to think that there may be a problem.

The Children Act gives much credence to the idea that the views of children should be listened to, taken into account, and as far as possible, acted upon. It is the case that many home educated children (see Hands up 4 Home Ed, by way of an example), expressly do not want to see LA personnel, and this would in all probability include an interview to talk about whether or not they wanted to see such people.) LAs should try to respect the spirit of the Children Act when it comes to taking the point of view of children seriously, and ask themselves at what point they perpetuate rather than solve the problem of abuse.

re: section 4.10. It should not be made to seem as if it is a requirement for HE parents to take up references, although this may be suggested as good practice.

re: section 4.11. "Will wish to" should read "should". Delete "further develop relationships" .

re: section 4.12. Ofsted does not always appear to understand the legislative framework as it relates to LAs and home educators. For example, Ofsted has been known to make suggestions for LA action that is not in accordance with the legal position. It would therefore be helpful to clarify that Ofsted will be required to act in accordance with the guidelines.

--------------------------------------------------------------------------------

7 a) Are the suggested resources in section 5 and appendix 2 useful?

Yes
No
Not Sure
No Response
Comments:

re: paragraph 5.1. The Home Education leaflet in the Parent Centre link would need to be updated to bring it in line with the proposed guidelines, since there would otherwise be some contradictions between the two documents which could result in confusion for home educating parents who are not familiar with legal requirements and best practice.

re: paragraph 5.5. We would like to suggest that LAs should provide information about Connexions to elective home educators, rather than providing information about EHEors to Connexions, since this would allow the families to choose whether or not to use the service, and would minimise unnecessary waste of public money when Connexions chase up HE teens who would rather not have contact with them.

The information at the Advisory Centre for Education, www.ace-ed.org.uk is inaccurate and needs correcting.



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7 b) Should any other contacts be included?

Yes
No
Not Sure
No Response
Comments:

Open University

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8 Please use this space for any other comments you wish to make about the guidelines

Answer:

re: paragraph 2.4. This accurately describes the current situation in saying that parents "must assume full financial responsibility, including bearing the cost of any public examinations", but it could be helpful if LAs were to consider assisting EHEors with courses and funding for public examinations, as has been happening in some authorities. It would also be helpful if LAs could designate a local school or college as an examination centre that would routinely accept external candidates.

re: paragraph 3.15. It is not the case that a statement of Special Educational Need must (SEN) must remain in force in the situation that a child is EHE. The statement asserting that it should, must be removed. Instead the guidelines should elaborate that parents may choose to ask for the statement to be ceased, and that LAs should not unreasonably refuse to do this.

There should also be a clear explanation that parents should not be required to make the provision specified in the statement, since these provisions were specified for a school environment and may well be inappropriate for the home setting.

Also and in relation to the above paragragh, section 3.15 should be make it clear that a statement of SEN does not override paragraph 3.11.


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Tuesday, June 05, 2007

Consultation for the Younger HEKs

Freedom for Children to Grow has some very satisfactory draft responses for the Consultation about Raising the Leaving Age for compulsory education. Closing date: Thursday 14 June 2007.

If it happens at all, it won't take effect until 2013, - yep, just when Ds is 16. Think we'd better talk this one through then. My guess is he will be more than clear that the very notion of compulsory education (at any age), is so ridiculously meaningless, being an epistemological impossibility, that perpetuating a legal requirement for such nonsense beyond the current age limit would be extraordinarily absurd.

You can take a pupil to a classroom, but you can't MAKE him think.

Monday, June 04, 2007

Home Education Street Theatre

We couldn't get to the performance on Saturday, but we hear it was brilliant and there are pictures by way of consolation.

Congrats to everyone!

Saturday, June 02, 2007

Thinking Bloggers Award


Allie and Tibetan Star have very kindly tagged me for the Thinking Blogger Award.


The official rules for participation in the Thinking Blogger Awards meme are as follows:

1. If, and only if, you get tagged, write a post with links to 5 blogs that make you think

2. Link to the this post so that people can find the exact origin of the meme.

3. Optional: Proudly display the ‘Thinking Blogger Award’ with a link to the post that you wrote.

Given that I suppose I shouldn't really send the meme straight back to Allie and Tibetan Star, which I otherwise would have done, and that I am having huge difficulty whittling this list down, so will give a plug for at least one other blog which I know has already been tagged, ie: Sometimes its Peaceful, below is my list, which is alphabetical since I rely on all of them in equal measure, if for different reasons.

ARCH
Essential reading on Children's Rights in the UK. Packed with extremely well-researched information on legislative changes that affect children, and knowledgeable about home education to boot. Invaluable.

Blogdial
Dares to say, it is unstintingly snarky when it's called for, coruscatingly critical of the nanny state, well-informed about HE and therefore a hugely cathartic read.

Corvidae Corner
More well-informed snark from another home educator, but just when you feel like topping yourself, he makes you pee yourself laughing.

Home Education and Other Stuff
Snark from the States. Libertarian with social democratic instincts, Daryl seems like a good guy.

The Welfare State We're In
From James Bartholomew, author, journalist, HE dad. His blog feeds the dark side of me in my more extreme libertarian moments.

Failing Links Won't Stop Us Responding

There appears to be a problem with linking to the DfES consultation on proposed guidelines for Elective Home Education, which was here until relatively recently. Not to be deterred, I've posted the draft guidelines with the consultation questions as below. (The only thing I have omitted is the index to the guidelines, of which I don't have a copy).

Also, there are more changes to the response to the consultation here, particularly re sections 4.1 and 4.2.

= = = = = = = = = = = = = =

CONSULTATION ON ELECTIVE HOME EDUCATION GUIDELINES

Introduction

A fundamental principle of the English education system is that parents are responsible for ensuring their children receive a suitable education. Most parents choose to fulfil this obligation by educating their children at school, but some prefer home education. It is the legal right of parents to educate their children at home if they so wish and the Department for Education and Skills supports the right of parents to make this choice for their children.

This is the first time that the Department has formally consulted on issuing guidelines on home education. In our informal discussions with local authorities and groups representing home educators, the principle of guidelines has been broadly welcomed. These guidelines represent our initial view on the best approach to balancing the rights of parents and the obligations of local authorities, and we want to take account of your views in developing the guidance. We are committed to listening to home educators, local authorities and others and adapting the draft to take account of their responses.

These guidelines offer advice to parents, and advice to support local authorities in carrying out their statutory responsibilities. We hope they will be welcomed by both.

- - - - - - -

ELECTIVE HOME EDUCATION GUIDELINES FOR LOCAL AUTHORITIES

Part 1

Introduction

1.1 Elective home education is the term used by DfES to describe parents’ decisions to provide education for their children at home instead of sending them to school. This is different to home tuition provided by a local authority or education provided by a local authority other than at a school. These guidelines are intended for use in relation to elective home education only. Throughout these guidelines, ‘parents’ should be taken to include all those with parental responsibility, including guardians and carers.

1.2 Children whose parents elect to educate them at home are not registered full-time at mainstream schools, special schools, independent schools, Pupil Referral Units (PRUs), colleges, children’s homes with education facilities or education facilities provided by independent fostering agencies. Parents may choose to engage private tutors or other adults to assist them in providing a broad education and learning may take place in a variety of locations, not just in the family home.

1.3 The purpose of these guidelines is to support local authorities in carrying out their statutory responsibilities and to encourage good practice by clearly setting out the legislative position, and the roles and responsibilities of local authorities and parents in relation to children who are educated at home.

Reasons for Elective Home Education

1.4 Parents may choose home based education for various reasons. The authority’s primary interest should lie in the suitability of parents’ education provision and not their reason for doing so. The following reasons for home-educating are common but by no means exhaustive:

· Distance or access to a local school

· Religious or cultural beliefs

· Philosophical or ideological views

· Dissatisfaction with the system

· Bullying

· As a short term intervention for a particular reason

· A child’s unwillingness or inability to go to school

· Special educational needs

· Parents’ desire for a closer relationship with their children



Part 2

The law relating to Elective Home Education

2.1 The responsibility for a child’s education rests with their parents. In England, education is compulsory, but schooling is not.

2.2 Article 2 of Protocol 1 of the European Convention on Human Rights states that:

“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 is in conformity with their own religious and philosophical convictions.”

This right is enshrined in English law. Section 7 of the Education Act 1996 provides that:

“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.”

2.3 The responsibility for a child’s education rests with their parents. An “efficient” and “suitable” education is not defined in the Education Act 1996 but “efficient” has been broadly described as an education that “achieves that which it sets out to achieve”, and a “suitable” education is one that “primarily equips a child for life within the community of which he is a member, rather than the way of life in the country as a whole, as long as it does not foreclose the child’s options in later years to adopt some other form of life if he wishes to do so” .

Parental rights and responsibilities

2.4 Parents may decide to exercise their right to home-educate their child from a very early age and so the child may not have been previously enrolled at school. They may also elect to home educate at any other stage up to the end of compulsory school age. Parents are not required to register or seek approval from the local authority to educate their children at home. Parents who choose to educate their children at home must assume full financial responsibility, including bearing the cost of any public examinations. They must also ensure that their children receive suitable full-time education for as long as they are being educated at home.

Local authorities' responsibilities

2.5 Local authorities should provide written information about home education that is clear, accurate and sets out the legal position, roles and responsibilities. This information should be made available on local authority websites and in local community languages on request. Local authorities should recognise that there are many approaches to educational provision, not just a “school at home” model. What is suitable for one child may not be for another, but all children should make reasonable progress.

2.6 Local authorities have a new duty under the Education and Inspections Act 2006 to identify, as far as is possible, children who are missing, or in danger of missing, education. The duty applies in relation to children of compulsory school age who are not on a school roll, and who are not receiving a suitable education otherwise than being at school (for example, at home, privately, or in alternative provision). The guidance issued makes it clear that the duty does not apply to children who are being educated at home.

2.7 Local authorities have no statutory duties in relation to monitoring the quality of home education on a routine basis. However, under Section 437(1) of the Education Act 1996, local authorities can intervene if they have good reason to believe that parents are not providing a suitable education. This section states that:

“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.”

Section 437(2) of the Act provides that the period shall not be less than 15 days beginning with the day on which the notice is served.

2.8 The most obvious course of action if such a concern were raised would be to ask parents for information about the education they are providing. Such a request is not the same as a notice under s 437(1). Parents are under no duty to comply, but it would be sensible for them to do so.

2.9 Section 437(3) refers to the serving of School Attendance Orders:

“If –

(a) a parent on whom a notice has been served under subsection (1) fails to satisfy the local education authority, within the period specified in the notice, that the child is receiving suitable education, and

(b) in the opinion of the authority it is expedient that the child should attend school,

the authority shall serve on the parent an order (referred to in this Act as a "school attendance order"), in such form as may be prescribed, requiring him to cause the child to become a registered pupil at a school named in the order.”

2.10 A School Attendance Order should be served as a last resort, after all reasonable steps have been taken to try to resolve the situation. At any stage following the issue of the Order, parents may present evidence to the local authority, or the court, that they are now providing an appropriate education and apply to have the Order revoked. It will be for a court to decide whether or not the education being provided is suitable and efficient. Detailed information about School Attendance Orders is contained in Ensuring Regular School Attendance paragraphs 6 to 16,.

2.11 Local authorities also have a duty under Section 175(1) of the Education Act 2002 to safeguard and promote the welfare of children. This section states:

“A local education authority shall make arrangements for ensuring that the functions conferred upon them in their capacity as a local education authority are exercised with a view to safeguarding and promoting the welfare of children.”

Section 175(1) does not extend local authorities’ functions. It does not, for example, give local authorities powers to enter the homes of, or otherwise see, children for the purposes of monitoring the provision of elective home education.

Part 3
Clear policies and procedures

3.1 The Department recommends that each local authority should have a written policy statement on home-educated children and their families, and be willing and able to provide guidance for parents and carers who request it. Local authorities should regularly review their home education policies and organise training on the law and home education methods for all their officers who have contact with home educating families.

3.2 All parties involved in home education should be aware of their roles, rights and responsibilities. LA policies should be clear, transparent and easily accessible. Any procedures for dealing with home-educating parents and children should be fair, clear, consistent, non-intrusive and timely, in order to provide a good foundation for the development of trusting relationships.

3.3 The Department recommends that each local authority should have a named senior officer with responsibility for elective home education policy and procedures.

Contact with the local authority

3.4 Many home educating parents welcome regular contact with the local authority as an opportunity to reaffirm their provision. However, where parents do not want any involvement with the local authority, the LA should not automatically assume that there is a problem which needs investigating. Instead, the LA should take a risk-based approach, taking into consideration the individual and community’s circumstances. As one example, recent research shows that “few Gypsy/Roma and Traveller parents have the knowledge, skills and resources to provide or deliver a full-time education that is efficient and suitable”. We do know that there will be Gypsy, Roma and Traveller children who do receive a good education at home. Those monitoring elective home education should seek advice from Traveller Education Support Services before engaging with parents from these communities

3.5 If information exists which may cast doubt on whether an “efficient and suitable education” can be provided, the local authority should seek to gather any relevant information that will assist them in reaching a properly informed judgement. This should include seeking from the parents any further information that they wish to provide explaining how they are providing a suitable education. Parents should be given the opportunity to address any specific concerns that the authority has. The child should also be given the opportunity, but not required, to attend any meeting that may be arranged or express his or her views in some other way.

3.6 If there are any reasonable concerns, a local authority may wish to contact parents to discuss their ongoing home education provision. Contact should normally be made by writing to the parents to request an updated report or seek a meeting. A written report should be made after such contact and copied to the parents stating whether the authority has any concerns about the education provision. Where there are concerns about the efficiency or suitability of the education being provided for the child, more frequent contact may be required. Where concerns merit frequent contact, the authority should discuss these concerns with the child’s parents, with a view to helping them improve their provision in the best interests of the child.

3.7 Many parents welcome the opportunity to discuss the provision that they are making for the child’s education during a home visit but parents are not legally required to give the local authority access to their home. They may, choose to meet a local authority representative at a mutually convenient and neutral location instead or choose not to meet at all. If they choose not to meet, they will need to provide evidence that they are providing an efficient and suitable education. Parents might, for example:

· write a report;

· provide samples of work;

· invite a local authority advisor/consultant to their home, with or without the child being present; or

· meet a local authority advisor/consultant elsewhere, with or without the child.

De-registration from school
3.8 First contact between local authorities and home educators often occurs when parents decide to home educate and approach the school (at which the child is registered) and/or the authority to seek guidance about withdrawing their child from school. It is important that this initial contact is constructive and positive.

3.9 De-registration of a child from a school is covered by section 9(1)(c) of the Education (Pupil Registration) Regulations 1995. Parents who wish to home-educate a child who is registered at a maintained school or an independent school must inform the school formally, in writing, of their intention to de-register. The school must delete the child's name from their register upon receipt of written notification from the parents and make a return (giving the child's name and address) to the local authority within 10 school days of removal. Local authorities may encourage parents to inform them direct, but have no legal right to insist that they do so.

3.10 Local authorities should bear in mind that, in the early stages, parents’ proposals may not be detailed and they may not yet be in a position to demonstrate all the characteristics of an “efficient and suitable” educational provision. In such cases, a reasonable timescale should be agreed for the parents to submit their proposals.

Providing a full-time education

3.11 Parents are required to provide an efficient education suitable to the age, ability and aptitude of the child. There is currently no legal definition of “full-time”. Children normally attend school for between 22 and 25 hours a week for 39 weeks of the year, but this measurement of ‘contact time’ is not relevant to home education where there is often almost continuous one-to-one contact and education may take place outside normal ‘school hours’. The type of educational activity can be varied and flexible. Home-educating parents are not required to:

· teach the National Curriculum

· have a timetable

· have premises equipped to any particular standard

· set hours during which education will take place

· have any specific qualifications

· make detailed plans in advance

· observe school hours, days or terms

· give formal lessons

· reproduce school type peer group socialisation

· match school, age-specific standards.

However, local authorities should offer advice and support to parents on these matters if requested.

3.12 It is important to recognise that there are many, equally valid, approaches to educational provision. Local authorities should therefore consider a wide range of information from home educating parents, in a range of formats. The information may be in the form of specific examples of learning e.g. pictures/paintings/models, diaries of work, projects, assessments, samples of work, books, educational visits etc.

3.13 In their consideration of parents’ provision of education at home, local authorities may reasonably expect the provision to include the following characteristics:

· consistent involvement of parents or other significant carers – it is expected that parents or significant carers would play a substantial role, although not necessarily constantly or actively involved in providing education

· recognition of the child’s needs, attitudes and aspirations

· opportunities for the child to be stimulated by their learning experiences

· access to resources/materials required to provide home education for the child – such as paper and pens, books and libraries, arts and crafts materials, physical activity, ICT and the opportunity for appropriate interaction with other children and other adults.

3.14 If, on considering the educational provision, one or more of the above characteristics appear to be lacking, local authorities may choose to further investigate whether or not an efficient and suitable education is, in fact, being provided. A full written report of the findings should be made and copied to the parents promptly, specifying the grounds for concern and any reasons for concluding that provision is unsuitable. If the authority is not satisfied that efficient education is being provided, and the parents, having been given a reasonable opportunity to improve their provision and report back to the authority, have not done so, the authority should consider serving a School Attendance Order (see section 2.7).

Children with Special Educational Needs

3.15 Parents' right to educate their child at home applies equally where a child has special educational needs. Some children with special educational needs are statemented but others are not. Where a child has a statement of special educational needs and is home-educated, it remains the local authority’s duty to ensure that the child's needs are met. The statement must remain in force and the authority must ensure that parents can make suitable provision, including provision for the child's SEN.

3.16 If the parents’ arrangements are suitable, the authority is relieved of its duty to arrange the provision specified in the statement . However, if the parents' attempt to educate the child at home results in provision that falls short of meeting the child's needs, then the parents are not making 'suitable arrangements' and the authority could not conclude that they were absolved of their responsibility to arrange the provision in the statement.

3.17 Even if the local authority is satisfied, it remains under a duty to maintain the statement and review it annually, following procedures set out in Chapter 9 of the SEN Code of Practice. Where the authority is satisfied that the child's parents have made suitable arrangements it does not have to name a school in part 4 of the child's statement, though it should state the type of school it considers appropriate and that "parents have made their own arrangements under section 7 of the Education Act 1996".

3.18 The statement can also specify any provision that the local authority has agreed to make under section 319 to help parents to provide suitable education for their child at home. If the child to be de-registered is a pupil at a special school, the school must inform the local authority before the child's name can be deleted from the school roll and the authority will need to consider whether the home education is suitable before amending part 4 of the child's statement.

3.19 A parent who is educating their child at home may ask the local authority to carry out a statutory assessment of their child's special educational needs and the local authority must consider the request within the same statutory timescales and in the same way as for all other requests. The views of the designated medical officer for SEN should be sought by the local authority where a child with a statement is educated at home because of difficulties related to health needs or a disability.

Part 4

Developing relationships

4.1 As noted in the Introduction to these guidelines, the central aim of this document is to assist local authorities and home educators to build effective relationships that function to safeguard the educational interests of children and young people; relationships that are rooted in mutual understanding, trust and respect. The guidelines outline a number of recommendations that are geared towards the promotion of such relationships.

4.2 Whilst there is no current legal obligation on education authorities or home educators to develop such relationships, doing so will often provide parents with access to any support that is available and allow authorities to better understand parents’ educational provision and preferences. A positive relationship will also provide a sound basis if the authority is required to investigate assertions from any source that an efficient and suitable education is not being provided. This will be true whether or not parents are required to demonstrate that suitable home-education provision is being made available.

Acknowledging Diversity

4.3 Parents’ educational provision will reflect a diversity of approaches and interests. Some parents, especially those who have other children attending school, may wish to provide education in a formal and structured manner, following a traditional curriculum and using a fixed timetable that keeps to school hours and terms. Other parents may decide to make more informal provision that is responsive to the developing interests of their child. One approach is not necessarily any more efficient or effective than another. Although some parents may welcome general advice and suggestions about resources, methods and materials, LAs should not specify a curriculum which parents must follow.

4.4 Children learn in different ways and at different times and speeds. It should be appreciated that parents and their children might require a period of adjustment before finding their preferred mode of learning. Parents are not required to have any qualifications or training to provide their children with an appropriate education. Their commitment to providing an efficient education that is suitable for their child may be demonstrated by them providing some indication of their objectives and resources (see paragraphs 3.12 to 3.15).

Providing information for parents

4.5 The provision of clear information has an important role to play in the promotion of positive relationships. LAs should provide written information and website links for home-educating parents that is clear and accurate and which sets out the legal position, and roles and responsibilities, in an unambiguous way. We also recommend that contact details for home education support organisations should be provided. A selection of these is included in Part 5. All written information should be made available to parents in community languages and alternative formats on request.

4.6 As noted as paragraph 3.3 we recommend that LAs should, if the parents wish, provide parents who are, or who are considering, home-educating with a named contact within the authority who is familiar with home education policy and practice and has an understanding of a range of educational philosophies. If the authority has cause to invite the parents to meet with a named education authority, any such meeting should take place at a mutually acceptable location and the child concerned should also be given the opportunity to attend that meeting, or otherwise to express his or her views. Either during such a meeting, or otherwise, the parents and the authority should consider and agree what future contact there will be between them.

Contact with parents and children

4.7 Local authorities should acknowledge that learning takes place in a wide variety of environments and not only in the home. Some parents are happy for the local authority to have the opportunity to see the child in their learning environment, to enable them to see the provision at first hand. Seeing the child responding to the educational provision of the parents may provide a strong indication that an efficient and suitable education is indeed being provided. The authority does not, however, have a legal right of access to the home and the matter should not be forced.

4.8 Where a parent elects not to allow access to their home or their child, this does not of itself constitute a ground for concern about the education provision being made. Although it is recognised that the learning environment can have a bearing on the effectiveness of learning, LAs should, in the vast majority of cases, be able to discuss and evaluate the parents’ educational provision by alternative means. Parents might prefer, for example, to write a report, provide samples of work, have their educational provision endorsed by a third party (such as an independent home tutor) or provide evidence in some other appropriate form.

Child protection
4.9 The welfare and protection of all children, both those who attend school and those who are educated by other means, are of paramount concern and the responsibility of the whole community. As with school-educated children, child protection issues may arise in relation to home-educated children. If any child protection concerns come to light in the course of engagement with children and families, or otherwise, these concerns should immediately be referred to the appropriate authorities using established protocols.

4.10 Parents may choose to employ other people to educate their child, though they themselves will continue to be responsible for the education provided. They will also be responsible for ensuring that those whom they engage are suitable persons to have access to children. Parents will therefore wish to satisfy themselves by taking up appropriate references. A small number of LAs choose to assist home-educating parents in this task by undertaking Criminal Records Bureau (CRB) checks free of charge, for example, on independent home tutors. Tutors employed by an LA may also undertake work for home-educating parents, in which case, CRB checks ought to have been made already.

Reviewing policies and procedures

4.11 Authorities will wish to review all of their procedures and practices in relation to home education on a regular basis to see if improvements can be made to further develop relationships and meet the needs of children and parents. Home education organisations and home-educating parents should be involved in this process of review. Effective reviews, together with the sensitive handling of any complaints, will help to secure effective partnership.

4.12 Local authorities will also wish to bear in mind that Ofsted will report on the way local authorities cater for home-educating families within their areas.

Part 5

Support and resources

5.1 When parents elect to home-educate their children they assume financial responsibility for their children’s education. There are a number of sources of advice and practical assistance available to such parents. The Department for Education and Skills provides an information sheet for parents on elective home education, available from the Department's website at: www.parentcentre.gov.uk.

5.2 Local authorities do not receive funding to support home educated families, and the level of support will therefore vary between one LA and another. However, we recommend that all LAs should adopt a reasonable and flexible approach in this respect, particularly where there are minimal resource implications. As a minimum, LAs should provide written information (which is also available through the internet) on home education that is clear and accurate and which sets out the legal position (see previous paragraphs 4.5-4.6). Some LAs may also be able to offer additional support to home educating parents, but this will vary depending on their resources. Examples of additional support include:

· Provision of a reading or lending library with resources for use with the children, on home schooling and related topics

· Free, or discounted, admission into community programmes (including local authority owned community and sports facilities)

· Access to resource centres (including local school resources where feasible)

· National Curriculum materials and curricula offered by other educational institutions

· Information about educational visits and work experience

The National Curriculum

5.3 Although home-educated children are not required to follow the National Curriculum a number do. National Curriculum tests and assessment arrangements are developed and administered by the Qualifications and Curriculum Authority (QCA) on behalf of the Secretary of State. Information to support these arrangements is provided both electronically and in hard copy through the QCA's website at www.qca.org.uk or by telephoning their publications office on 01787 884 444.

5.4 In addition, the DfES's website at www.dfes.gov.uk will allow access to the National Curriculum and associated schemes of work, aimed at setting standards across all schools. Some documents are also distributed via Departmental publications which can be accessed through links on The Stationery Office site at www.the-stationery-office.co.uk or by telephoning Prolog on 0845 602 2260.

Connexions Service
5.5 The Connexions Service is for children and young people aged 13-19 years living in England (see www.connexions.gov.uk). Its services and responsibilities cover children and young people who are being educated at home. The LA is a key partner in a local Connexions Partnership and each must review how it will bring coherence to the different services and agencies within the area. The Connexions Service needs to maintain an overview of the learning and work status of all young people of a relevant age and ensure that individuals do not fall between the responsibilities and remit of different agencies and thus become marginalized or lost to the system. LAs may be asked (as partners of Connexions) to provide details of children and young people being home educated; the Learning and Skills Act 2000 gives powers for various partners to share information with Connexions, subject to normal data protection principles.

Flexi-schooling
5.6 “Flexi-schooling” or “flexible school attendance” is an arrangement between the parent and the school where the child is registered at school in the normal way but where the child attends the school only part time; the rest of the time the child is home-educated (effectively on authorised absence from school). This is sometimes done as a short term measure for a particular reason. "Flexi-schooling" is a legal option provided that the head teacher at the school concerned agrees to the arrangement.

Local authorities’ role in supporting work experience

5.7 Work experience is not a statutory requirement. However, the Government’s objective is for all Key Stage 4 pupils to undertake work experience in the last two years of compulsory schooling. Over 95% of Key Stage 4 pupils go on placements each year. The law relating to the employment of children generally places statutory restrictions and prohibitions on employers in this regard. But where the employment is in accordance with arrangements made by an LA or a governing body these restrictions will generally not apply where the work experience is arranged only with a view to providing pupils with work experience as part of their education in their last two years of compulsory schooling.

5.8 Children educated at home have no entitlement to participate in work experience under arrangements made by an LA but we wish to encourage LAs to assist the parents of such children who wish to do so to pursue work experience through such arrangements. Where home-educated children do participate in such schemes, consideration should be given to the extent to which such children are covered by, for example, insurance provision.

Education Maintenance Allowance (EMA)

5.9 Education Maintenance Allowance is a means-tested grant available to learners over the age of 16, if they stay on in education at school or college after GCSEs. It is not available to learners whose parents elect to educate them at home after the age of sixteen.

Truancy Sweeps

5.10 When planning and running truancy sweeps, LAs should refer to the DfES "Truancy sweeps: Effective practice and advice" which is available at www.dfes.gov.uk/schoolattendance/truancysweeps. This includes a section on children who are educated outside the school system. Those taking part in the sweeps, including police officers, should be fully familiar with this guidance and be aware that there is a range of valid reasons why school-age children may be out of school.

Gypsy, Roma and Traveller Children

5.11 LAs should be sensitive to the distinct ethos and needs of Gypsy, Roma and Traveller (GRT) communities. When a GRT family with children of school age move into an area they are strongly encouraged to contact the local Traveller Education Support Service for assistance. Most LAs provide such a support service. Further guidance can be obtained from the DfES Guide to Good Practice on the education of GRT children – “Aiming High: Raising the Achievement of Gypsy Traveller Pupils” which can be obtained from DfES Publications (reference DfES/0443/2003). Another (external) source of information is www.gypsy-traveller.org/education/.

Annex A

Qualifications Options

The following information sets out some of the options available to home-educating families who wish to provide opportunities for their children to study for recognised qualifications. This is not an exhaustive list, but sets out the main options available and provides contact details for relevant organisations. Please note that the following information is also liable to change from time to time.

Enrolment at a Further Education College

Some colleges may, at the discretion of the Principal, be willing to accept children of school age for full and part-time courses. This approach has the advantage that all the work and entry for qualifications is organised by the college, but it does require at least some attendance at classes which will not appeal to all home-educating families. If a student enrols at a FE college, their parents will normally be liable to pay all of the course fees themselves unless the education authority or the Learning and Skills Council are willing to provide funding. Colleges also have the discretion to waive fees, which they may do for low income families.

Self-Study

Many home educating families prefer not to enrol for attendance at a further education college but choose instead to work independently towards recognised qualifications. Because of compulsory internal assessment components, there are many subjects and qualifications which are not available to external candidates unless an appropriate arrangement can be made with an approved centre which meets with the examining board’s requirements. Some centres and examining boards may be willing to accept coursework which has been marked and authenticated by a private tutor. Thus, families who study for qualifications from home will need to:

· contact the relevant examination board to find out about their requirements;

· register with an approved centre for their child to be presented for the qualification; and

· pay a registration fee for each subject their child will take.

It may also be possible for a group of home educators to consider seeking approved status in their own right.

Correspondence Courses

Correspondence courses can be an option for students who prefer to work independently, though they will be required in most cases to follow a structured curriculum and programme of work. Correspondence courses offer a wide range of qualifications at different levels and the organisations offering these courses will advise about arrangements which need to be made for registering with an examination centre and for marking and authenticating coursework. The cost of this option varies depending on the organisation and the qualification chosen, but can prove expensive.

There are an increasing number of organisations offering open and distance learning courses. The following contacts provide a useful start in finding a suitable course and organisation:

· The Open and Distance Learning Quality Council (ODLQC) is an independent body which accredits open and distance learning courses. The ODLQC produces a free information leaflet which lists all approved organisations and their courses. Contact:

16 Park Crescent, London, W1B 1AH
Tel: 020 7612 7090 Fax: 020 7612 7092.
Website: www.odlqc.org.uk
e-mail: info@odlqc.org.uk

· The Association of British Correspondence Colleges (ABCC) is a voluntary association of colleges which comply with a code of ethics. Contact:

PO Box 17926, London SW19 3WB,
Tel: 020 8544 9559 Fax: 020 8540 7657.
Website: www.nationline.co.uk/abcc Email: abcc@msn.com

· The British Association for Open Learning (BAOL) promotes quality and best practice in open, flexible and distance forms of learning. BAOL members work to a code of practice for open learning and are listed on the BAOL website. Contact:

Suite 12, Pixmore House,
Pixmore Avenue,
Letchworth, Hertfordshire, SG6 1JG
Tel: 01462 485 588 Fax: 01462 485 633
Website: www.british-learning.com Email: info@british-learning.com



Alternative qualifications

The internal assessment component of many UK qualification courses such as Standard Grades, National Qualifications and GCSEs can restrict the choice available to home educated students. The following qualifications have, however, been identified as particularly suited to home study students as they are not dependent on internal assessment and moderation.

International Certificate of Christian Education (ICCE)

The International Certificate of Christian Education (ICCE) provides a graduated series of certificates, ranging from the equivalent of lower tier GCSE examinations (grades D-G) to A2 examinations. Examinations are conducted at home under the supervision of parents, but the Board has strict moderation procedures to ensure the validity of results.

Contact: The European Academy for Christian Homeschooling (TEACH)

Marantha House, Unit 5,
Northford Close,
Shrivenham,
Swindon, Wiltshire, SN6 8HL
Tel: 01793 783783 Fax: 01793 783775
Website: www.christian-education.org
Email: admin@ncscboard.org.uk or cee@christian-education.org

Examining boards

The Assessment and Qualifications Alliance (AQA)

The AQA is one of three unitary examining bodies in England incorporating the now merged Associated Examining Board and the Northern Examinations and Assessment Board. The AQA also has responsibility for the City and Guilds' GNVQ qualification.

Contact: AQA, Devas Street,
Manchester, M15 6EX,
Tel: 0161 953 1180 Fax: 0161 273 7572
Website: www.aqa.org.uk
Email: mailbox@aqa.org.uk


Oxford Cambridge & RSA (OCR)

OCR is one of three unitary examining bodies in England incorporating the RSA (Royal Society of Arts), UCLES (University of Cambridge Local Examinations Syndicate), and MEG (Midland Examining Group).

Contact: OCR Information Bureau, General Qualifications:
1 Hills Road, Cambridge, CB1 2EU

Website: www.ocr.org.uk
Tel: 01223 553998 Fax: 01223 552627
Email: helpdesk@ocr.org.uk



OCR Information Bureau, Vocational Qualifications:

Progress House,
Westwood Way,
Coventry, CV4 8JQ,
Tel: 024 7647 0033, Fax: 024 7646 8080
Email: cib@ocr.org.uk



Edexcel

was formed in 1996 by the merger of BTEC and the University of London

Examinations and Assessment Council (ULEAC). Edexcel is one of the main examination boards for England and Wales.

Contact: Edexcel,
Stewart House,
32 Russell Square,
London, WC1B 5DN,
Tel: 0870 240 9800 Fax: 020 7758 6920

Website: www.edexcel.org.uk

Email: enquiries@edexcel.org.uk



Annex B

Useful contacts

Education Otherwise Association Limited

Nationwide charity for home education information and support. Subscription of £20 also entitles members to receive a handbook, UK and overseas contact list and bi-monthly newsletter, access to further resources, special interest and local groups and national gatherings

Address: PO Box 7420, London N9 9SG

Website: www.education-otherwise.org Email: enquiries@education.otherwise.org
Helpline: 0870 7300 074



Home Education Advisory Service

HEAS produces a range of publications and leaflets on different aspects of home education. Annual subscription (currently £13.50) gives access to the Advice-line, quarterly magazine, card for educational discounts, resources for loan and a regional list of other subscribers.

Address: P.O. Box 98, Welwyn Garden City, Hertfordshire, AL8 6AN
Website: www.heas.org.uk E-mail: mailto:enquiries@heas.org.uk,


Home Education Resources
Website: www.home-education-resources.org.uk


The Home Service – a national Christian home education group
Website: www.home-service.org


Christian Home School
Website: www.homeschool.co.uk


Muddle Puddle – an independent site focusing on learning for 0-8 year olds
Website: www.muddlepuddle.co.uk


Advisory Centre for Education
Website: www.ace-ed.org.uk



DfES related links:

Education of Sick Children
www.dfes.gov.uk/sickchildren

www.dfes.gov.uk/mentalhealth


Ethnic Minority Achievement Project
www.standards.gov.uk/ethnicminorities


Exclusions and Alternative Provision
www.dfes.gov.uk/exclusions



Looked After Children
here



= = = = =

Questions for Consultation

1. Do you agree that it is helpful for the DfES to issue guidelines to local authorities?

2. Do you agree that the description of the law (paragraphs 2.1-2.3) relating to elective home education is accurate and clear?

3. Do you agree that the description of local authorities' responsibilities (paragraphs 2.5- 2.11) is accurate and helpful?

4. Do you agree that the section on contact with the local authority (paragraphs 3.4- 3.7) is accurate and helpful?

5. Do you agree that the section on providing a full-time education (paragraphs 3.11 - 3.14) and particular, the characteristics of provision (paragraph 3.13) - is accurate and helpful?

6. Do you agree that the section on developing relationships (section 4) is useful?

7a. Are the suggested resources in section 5 and appendix 2 useful?

7b. Should any other contacts be included?

Please use this space for any other comments you wish to make about the guidance.