Bev at Cruel at School has been doing great work recently: Channel 4, GMTV, and articles in her local press.
Bev decided to home educate her daughter after despairing at solving the problem of bullying in a school which is supposed to have a very progressive policy with regards to listening to children and to maximising their enjoyment.
I find the disconnect between the Ofsted reports and what local children tell me very peculiar. The children frequently report terrible, brutalising experiences in schools, and yet Ofsted gives these schools a lovely shiny report, after supposedly consulting with pupils. What is going on, I wonder? In one of Bev's articles on her front page, we learn that:
"Schools Minister Jim Knight questioned whether it was practicable to ask schools to keep detailed records on bullying. "Feedback from heads indicates that placing a duty on schools to measure and record every incident of bullying would be a huge bureaucratic burden," Knight said" "
Perhaps Ofsted feels the same way.
Friday, October 05, 2007
Wednesday, October 03, 2007
The Problems with Calls for Tougher Home Education Guidelines
Take Cheshire County Council by way of an example. Cheshire CC has issued a press release which comes with the tagline:
"Cheshire Calls For Tougher Guidelines Concerning Home Education"
Stop. Go no further than that just now, for there's already a problem. The thing is, guidelines do have to respect the law and if you go any tougher than the current draft guidelines, the law will have to be changed to reflect this.
OK, that's the first howler, (more on which below). The second one is that members of Cheshire County Council clearly haven't asked themselves whether they really do want such changes in law, for if they had, they wouldn't be asking for tougher guidelines. Doh dum.
They blunder on:
"...chairman and Executive Support Member for Children's Services Shirley Harris said: "Some of the guidelines are ambiguous and some simply do not go far enough. For example all children educated at home should be registered as home educated wit (sic) the authority. "
It rather looks as if the left hand doesn't know what the right hand is doing in this authority, for with the establishment of the children's database, aka ContactPoint, there will be de facto registration of home educators anyhow. Sadly, we have already conceded this point.
Back to Cheshire's pronouncements:
"Elective home education is the only area of education and child care that is not subject to more rigorous statutory regulation concerned with quality assurance and accountability. "
The "only" area? Cripes, it's worse than I'd hoped. Yup, if this is indeed the case, Cheshire parents had better be making sure those five portions of fruit and veg are consumed or their council will be coming to get them.
Parenting by parents? Forget it in Cheshire. The state will dictate precisely what you do in every area of your lives, or else you will fail in their quality assurance tests. Can parents honestly therefore still be held responsible for child care and education? I don't think so. This simply doesn't work and we will have to change the law in this regard. The tagline should be "Cheshire CC Calls for Powers to Take Over Parenting".
Further, what is it with this idea of accountability? To whom are we meant to be accountable in every area of our lives? Surely it isn't actually ultimately the state for in other areas, the state collects data at least nominally to be answerable to tax payers, parents and children. In a right-minded world, home educating parents need only be answerable to their children and almost all of us can manage that without a stranger equipped with powers, ignorance of the situation, a clip board and probably a dose of prejudice and bias to boot, to tell us what our children are telling us every single day. The chances of that working out are really quite minimal if you factor the bias and prejudice and just how much most HE children don't want to bother with that stranger who could change their lives dramatically for the worse.
Yep, they should and are. Home educated parents can manage this, thanks.
Then again, if the state really is going to require HE kids to be consulted and taken seriously by council employers about their needs and aspirations, then surely it is only fair to do it for schooled kids? Yep, if the state does go down this route, then we will demand parity. CC's everywhere will need to introduce a council policy which requires that they take all children's needs and aspirations seriously, (not just HE children.) Councils will, for example, need to ask children who are about to go primary school, age 4, what their needs and aspirations are. Given that a significant number of this population will tell you that they would prefer to stay home and carry on learning and playing there, CCs will at least make huge savings on their education bill. In this situation, councils will also find out that there are almost no children who are HE'd against their will whilst thousands and thousands of schooled children are not happy bunnies and are not having their needs and aspirations met, are threatening suicide because of bullying or are bored rigid by impersonalised learning schemes.
"There is also a need for a standardised system of monitoring visits and reporting to parents which should be applied to all local authorities."
Why? Who does this benefit? Given that almost all HE families, even when they have relatively good relationships with LAs, will tell you that the LA visit is extremely disruptive, anxiety-provoking and provides nothing of value to them at all, what purpose exactly would these visits serve for these families? How would these children benefit?
Plus, where will all this money come from?
Plus, if the state does do this, they must concede that they have taken over responsibility for education, for in the instituation of regular compulsory monitoring, a family is implicitly required to meet standards that are set by the state which are not freely chosen by them. Ho hum. Yes, we would need new legislation to reflect this point. Whilst a parent may remain responsible for provision of education, the state is ultimately responsible for it's form and content and for the monitoring it. There will be plenty of opportunity in such a system to demonstrate that the state fails.
"Cheshire Calls For Tougher Guidelines Concerning Home Education"
Stop. Go no further than that just now, for there's already a problem. The thing is, guidelines do have to respect the law and if you go any tougher than the current draft guidelines, the law will have to be changed to reflect this.
OK, that's the first howler, (more on which below). The second one is that members of Cheshire County Council clearly haven't asked themselves whether they really do want such changes in law, for if they had, they wouldn't be asking for tougher guidelines. Doh dum.
They blunder on:
"...chairman and Executive Support Member for Children's Services Shirley Harris said: "Some of the guidelines are ambiguous and some simply do not go far enough. For example all children educated at home should be registered as home educated wit (sic) the authority. "
It rather looks as if the left hand doesn't know what the right hand is doing in this authority, for with the establishment of the children's database, aka ContactPoint, there will be de facto registration of home educators anyhow. Sadly, we have already conceded this point.
Back to Cheshire's pronouncements:
"Elective home education is the only area of education and child care that is not subject to more rigorous statutory regulation concerned with quality assurance and accountability. "
The "only" area? Cripes, it's worse than I'd hoped. Yup, if this is indeed the case, Cheshire parents had better be making sure those five portions of fruit and veg are consumed or their council will be coming to get them.
Parenting by parents? Forget it in Cheshire. The state will dictate precisely what you do in every area of your lives, or else you will fail in their quality assurance tests. Can parents honestly therefore still be held responsible for child care and education? I don't think so. This simply doesn't work and we will have to change the law in this regard. The tagline should be "Cheshire CC Calls for Powers to Take Over Parenting".
Further, what is it with this idea of accountability? To whom are we meant to be accountable in every area of our lives? Surely it isn't actually ultimately the state for in other areas, the state collects data at least nominally to be answerable to tax payers, parents and children. In a right-minded world, home educating parents need only be answerable to their children and almost all of us can manage that without a stranger equipped with powers, ignorance of the situation, a clip board and probably a dose of prejudice and bias to boot, to tell us what our children are telling us every single day. The chances of that working out are really quite minimal if you factor the bias and prejudice and just how much most HE children don't want to bother with that stranger who could change their lives dramatically for the worse.
"Children should also be involved and consulted if their parents want to elect home education (sic) so that their needs and aspirations are taken into account. "
Yep, they should and are. Home educated parents can manage this, thanks.
Then again, if the state really is going to require HE kids to be consulted and taken seriously by council employers about their needs and aspirations, then surely it is only fair to do it for schooled kids? Yep, if the state does go down this route, then we will demand parity. CC's everywhere will need to introduce a council policy which requires that they take all children's needs and aspirations seriously, (not just HE children.) Councils will, for example, need to ask children who are about to go primary school, age 4, what their needs and aspirations are. Given that a significant number of this population will tell you that they would prefer to stay home and carry on learning and playing there, CCs will at least make huge savings on their education bill. In this situation, councils will also find out that there are almost no children who are HE'd against their will whilst thousands and thousands of schooled children are not happy bunnies and are not having their needs and aspirations met, are threatening suicide because of bullying or are bored rigid by impersonalised learning schemes.
"There is also a need for a standardised system of monitoring visits and reporting to parents which should be applied to all local authorities."
Why? Who does this benefit? Given that almost all HE families, even when they have relatively good relationships with LAs, will tell you that the LA visit is extremely disruptive, anxiety-provoking and provides nothing of value to them at all, what purpose exactly would these visits serve for these families? How would these children benefit?
Plus, where will all this money come from?
Plus, if the state does do this, they must concede that they have taken over responsibility for education, for in the instituation of regular compulsory monitoring, a family is implicitly required to meet standards that are set by the state which are not freely chosen by them. Ho hum. Yes, we would need new legislation to reflect this point. Whilst a parent may remain responsible for provision of education, the state is ultimately responsible for it's form and content and for the monitoring it. There will be plenty of opportunity in such a system to demonstrate that the state fails.
Monday, October 01, 2007
Humane Parenting Petition
I can't pretend that there is any hope of any science to substantiate the idea that attachment parenting is vastly superior to other forms of parenting, but my own experience of trying both leaves me pretty convinced that AP works and works beautifully. I have therefore signed the petition here.
Saturday, September 29, 2007
DSCF's Day of Debate
So here (finally), is the press release re the DSCF's "day of debate to shape our children's future".
Of course if you are a right-minded parent, it is hard not to be alarmed by the possible interpretations of the word "our". Just who exactly do the DSCF think that children actually belong to? This is all the more worrying for the fact that the debate seems to be framed so as to allow the state to muscle in even further on the job of parenting.
It's even worse for the purists amongst us for whom the word "our" in this context is sacrilege. For these antipodeans, it is quite clear that children only belong to themselves. Yeah, stick that item on your agenda, please.
Perhaps this sort of contrariness is the reason for the tardiness of the public announcement. It seems quite likely that the DCSF didn't want to tell the wider public about the debate till the last minute because they were didn't want non-conformist interest groups muscling in on this event. Ho hum - if the government carry on like this, the idea that consultation will inform democracy will start to look even more implausible.
Yet who could blame these interest groups for wanting a say when you read that the consultation:
"will help shape the Government’s ‘Children’s Plan’ - which will set out how, over the next decade, the Government, parents, the voluntary sector and schools can work together to ensure that every child gets the best start in life and the support they need to fulfil their potential and be happy, healthy and safe."
Yep, a decade of doing what the government and 400 probably fairly innocent, randomly selected people say! Yikes that's serious, and the worry is that is very easy for the innocent to be spun along by all the five desired outcomes of the Every Child Matters agenda. After all, most of us would want our children to be able to lead satisfactory lives in the way the goverment prescribes and it is therefore very easy to be lulled into the idea that the government could just be so obliging as to help everyone achieve this. But if they are wise, the 400 should pause and ask themselves if they want to achieve these outcomes with the state holding their hand and telling them what to do all the way, for if they don't make a stand against government diktat, there will be no room for taking responsibility for ourselves and for thinking outside the tick boxes that will be set for us. If the 400 fall for it, and they doubtless will, our lives will be scrutinized, inspected, judged and controlled to a degree that we have never known before.
Even worse, we hear that:
"in addition to the public consultation there are three expert groups chaired by Children, Schools and Families Ministers. Jo Davison, Director of Children’s Services in Gloucester co-chairs the group looking at all services for 0-7 year olds with Beverley Hughes."
This is bad news because this Jo is the very one who lobbied government for more powers to intrude upon home educators in what looked like an attempt to deflect criticism of her departments following their failures to act in the Spry case.
Our last remaining hope, (and I do admit that the will to keep fighting has almost left me, save for the fact that I see unfettered, personalised home education working so perfectly for the children here) is that the 400 innocent folk is actually approximately 390 innocent folk, for a few members of Education Otherwise have managed to muscle in on most of the consultation groups.
Shout loudly for freedom, EO and reiterate the killer argument: that if the state does intrude and dictate, they in effect take over responsibility for parenting and education, and we will have nothing better to do than take them to the courts when they fail children.
Oh yes, and if the rest of us still haven't succumbed to utter cynicism about the consultation process and fancy making this point again, you can try to help EO out with this short e-consult here.
Of course if you are a right-minded parent, it is hard not to be alarmed by the possible interpretations of the word "our". Just who exactly do the DSCF think that children actually belong to? This is all the more worrying for the fact that the debate seems to be framed so as to allow the state to muscle in even further on the job of parenting.
It's even worse for the purists amongst us for whom the word "our" in this context is sacrilege. For these antipodeans, it is quite clear that children only belong to themselves. Yeah, stick that item on your agenda, please.
Perhaps this sort of contrariness is the reason for the tardiness of the public announcement. It seems quite likely that the DCSF didn't want to tell the wider public about the debate till the last minute because they were didn't want non-conformist interest groups muscling in on this event. Ho hum - if the government carry on like this, the idea that consultation will inform democracy will start to look even more implausible.
Yet who could blame these interest groups for wanting a say when you read that the consultation:
"will help shape the Government’s ‘Children’s Plan’ - which will set out how, over the next decade, the Government, parents, the voluntary sector and schools can work together to ensure that every child gets the best start in life and the support they need to fulfil their potential and be happy, healthy and safe."
Yep, a decade of doing what the government and 400 probably fairly innocent, randomly selected people say! Yikes that's serious, and the worry is that is very easy for the innocent to be spun along by all the five desired outcomes of the Every Child Matters agenda. After all, most of us would want our children to be able to lead satisfactory lives in the way the goverment prescribes and it is therefore very easy to be lulled into the idea that the government could just be so obliging as to help everyone achieve this. But if they are wise, the 400 should pause and ask themselves if they want to achieve these outcomes with the state holding their hand and telling them what to do all the way, for if they don't make a stand against government diktat, there will be no room for taking responsibility for ourselves and for thinking outside the tick boxes that will be set for us. If the 400 fall for it, and they doubtless will, our lives will be scrutinized, inspected, judged and controlled to a degree that we have never known before.
Even worse, we hear that:
"in addition to the public consultation there are three expert groups chaired by Children, Schools and Families Ministers. Jo Davison, Director of Children’s Services in Gloucester co-chairs the group looking at all services for 0-7 year olds with Beverley Hughes."
This is bad news because this Jo is the very one who lobbied government for more powers to intrude upon home educators in what looked like an attempt to deflect criticism of her departments following their failures to act in the Spry case.
Our last remaining hope, (and I do admit that the will to keep fighting has almost left me, save for the fact that I see unfettered, personalised home education working so perfectly for the children here) is that the 400 innocent folk is actually approximately 390 innocent folk, for a few members of Education Otherwise have managed to muscle in on most of the consultation groups.
Shout loudly for freedom, EO and reiterate the killer argument: that if the state does intrude and dictate, they in effect take over responsibility for parenting and education, and we will have nothing better to do than take them to the courts when they fail children.
Oh yes, and if the rest of us still haven't succumbed to utter cynicism about the consultation process and fancy making this point again, you can try to help EO out with this short e-consult here.
Thursday, September 27, 2007
Home Education On Channel 4 News this Morning
"Channel 4 News Online reveals that the number of children being schooled at home has risen by more than 60% in the past 5 years.
More than 80% of education authorities reported hikes in the number of children being educated at home, according to the Freedom of Information (FoI) probe.
In one area the increase was as big as 800%; with campaigners blaming bullying, special needs provision and too many school tests as reasons for the national hike."
See the webpage here for more information. The story is repeated in the Independent
Also via Channel 4, we learn that all is going well for HEing Bev and Tiah who left a school that is has a policy of respecting pupils, a reputation for being tough on bullying and for having good pastoral care! Ho hum.
More than 80% of education authorities reported hikes in the number of children being educated at home, according to the Freedom of Information (FoI) probe.
In one area the increase was as big as 800%; with campaigners blaming bullying, special needs provision and too many school tests as reasons for the national hike."
See the webpage here for more information. The story is repeated in the Independent
Also via Channel 4, we learn that all is going well for HEing Bev and Tiah who left a school that is has a policy of respecting pupils, a reputation for being tough on bullying and for having good pastoral care! Ho hum.
Tuesday, September 18, 2007
The Judiciary as a Check on Government?
According to Peter Oborne, it is much less so than of old. He writes in the Spectator this week:
"...the (new) Political Class is deeply hostile to the rule of law. It constantly strives to undermine the judiciary, instinctively preferring to govern through executive fiat, repeatedly showing anger when the judges thwart illegal decisions made by ministers."
I have plenty of quibbles with Mr Oborne's assessment of the old form of the governing classes or "The Establishment" as it is characterised, but on the nature of the current powers-that-be, I suspect he is spot on.
Perhaps hostility to the judiciary is the real reason why all the remarks from lawyers were blacked out in the results of our recent Freedom of Information enquiry to the DCSF. It wasn't that the department spuriously wanted to assert its right to legal privacy, but was instead the result of the dept's desire to ignore the legal angle altogether.
There are at least two other reasons for thinking that this might be the case. First, there was a sentence in the FOI result which appeared to advise a member of the department not to include too many lawyers in the discussions about changes to guidelines on home education. Then it is also the case that some of the proposed changes to home education guidelines could result in significant alterations in education law; the lawyers, if they were worth their salt, should have been reminding dept members of this fact. However, dep't members may well have wanted to ignore all this legal caution in the drive to ensure that "every child matters."
However, we believe the department would be wise to take note of their legal advice since changes to the monitoring and control of HE could result in changes in primary legislation which in turn could impact very negatively upon local authorities and eventually central government itself.
"...the (new) Political Class is deeply hostile to the rule of law. It constantly strives to undermine the judiciary, instinctively preferring to govern through executive fiat, repeatedly showing anger when the judges thwart illegal decisions made by ministers."
I have plenty of quibbles with Mr Oborne's assessment of the old form of the governing classes or "The Establishment" as it is characterised, but on the nature of the current powers-that-be, I suspect he is spot on.
Perhaps hostility to the judiciary is the real reason why all the remarks from lawyers were blacked out in the results of our recent Freedom of Information enquiry to the DCSF. It wasn't that the department spuriously wanted to assert its right to legal privacy, but was instead the result of the dept's desire to ignore the legal angle altogether.
There are at least two other reasons for thinking that this might be the case. First, there was a sentence in the FOI result which appeared to advise a member of the department not to include too many lawyers in the discussions about changes to guidelines on home education. Then it is also the case that some of the proposed changes to home education guidelines could result in significant alterations in education law; the lawyers, if they were worth their salt, should have been reminding dept members of this fact. However, dep't members may well have wanted to ignore all this legal caution in the drive to ensure that "every child matters."
However, we believe the department would be wise to take note of their legal advice since changes to the monitoring and control of HE could result in changes in primary legislation which in turn could impact very negatively upon local authorities and eventually central government itself.
Traveller Home Education
..."100% better" (than school).
From 47 mins into this broadcast, (after the Django Rheinhardt-style music) - a piece from Traveller Radio which makes you want to cry with relief at the sense and humanity of this home ed initiative.
From 47 mins into this broadcast, (after the Django Rheinhardt-style music) - a piece from Traveller Radio which makes you want to cry with relief at the sense and humanity of this home ed initiative.
Thursday, September 13, 2007
Homeschooling in the US
Via HEOS, Isabel Lynam of Homeschooling Revolution writes about homeschooling for the Ludwig Von Mises Institute
The Number of Children who Truant
...is rising, despite the new initiative to identify children missing from education, and despite the effort that goes into picking absconders of the streets with truancy sweeps - which it seems are no longer being evaluated for their effectiveness. Now, there's a surprise.
Wednesday, September 12, 2007
What Could We Be Doing Now?
Despite the fact that we are actually none the wiser following the recent Freedom of Information result, as to what caused the softening of the DCSF's plans to control home education, it may not be unreasonable to suspect that it might have had something to do with remarks by lawyers and Andrew Adonis which were consistently blacked out. It might also be reasonable to surmise that these people were doing their best to remind the DCSF that they would be wise not to overstep their powers, for fear of dire consequences to themselves.
It might therefore be helpful to remind the DCSF that we are aware of these possible consequences to themselves if they choose to overstep the power line. It occurred to me that a letter such as the one below, perhaps from an organisation such as AHEd, might be a useful hint that we are onto them as regards abuses of power.
Dear DCSF,
We are interested to note that Nottinghamshire Local Authority has already re-written their elective Home Education guidelines which are at least partially based upon the version of EHE guidelines that was subjected to the recent DfES consultation.
We are interested to note that the authority states that it has certain duties and responsibilities and are writing to check with you whether this is indeed the case.
For example, on page 4 of the Notts EHE Guidance:
http://www.nottinghamshire.gov.uk/eheguidance.pdf
under the paragraph headed: What is meant by an efficient and suitable education?" it is stated that "It is also the duty of the Local Authority to ensure the safety and well being of the child."
Is this indeed the case?
Yours faithfully,
- - - - - - - -
It probably isn't necessary to append the sentence "because if it is the case, my child fell off a swing yesterday and hurt her back. Can I sue my LA for negligence?"
It might therefore be helpful to remind the DCSF that we are aware of these possible consequences to themselves if they choose to overstep the power line. It occurred to me that a letter such as the one below, perhaps from an organisation such as AHEd, might be a useful hint that we are onto them as regards abuses of power.
Dear DCSF,
We are interested to note that Nottinghamshire Local Authority has already re-written their elective Home Education guidelines which are at least partially based upon the version of EHE guidelines that was subjected to the recent DfES consultation.
We are interested to note that the authority states that it has certain duties and responsibilities and are writing to check with you whether this is indeed the case.
For example, on page 4 of the Notts EHE Guidance:
http://www.nottinghamshire.gov.uk/eheguidance.pdf
under the paragraph headed: What is meant by an efficient and suitable education?" it is stated that "It is also the duty of the Local Authority to ensure the safety and well being of the child."
Is this indeed the case?
Yours faithfully,
- - - - - - - -
It probably isn't necessary to append the sentence "because if it is the case, my child fell off a swing yesterday and hurt her back. Can I sue my LA for negligence?"
Tuesday, September 11, 2007
Sunday, September 09, 2007
GCSEs for HEors around the Country
A scheme offering GCSE maths and English for home educated teens, looks to be one of the first useful things that LAs around the country have done for home educators. Of course, Dudley LA did get there first. We can only hope that more LAs follow this constructive example. Sheffield and the Royal College of Dean Colleges looked as if they were trying to be helpful, with an offer of an on-line English course, but costs for under 16 year olds are pretty exorbitant.
Of course there are loads of distance learning packages now available, Edexcel, Oxford Distance Learning College, Oxford Home Schooling, and the NEC to name but a few, but these are often also expensive, and involve the learner sorting out the exam centre and exam fees, which can prove very difficult. LAs could at least usefully sort out exam centre access.
Of course there are loads of distance learning packages now available, Edexcel, Oxford Distance Learning College, Oxford Home Schooling, and the NEC to name but a few, but these are often also expensive, and involve the learner sorting out the exam centre and exam fees, which can prove very difficult. LAs could at least usefully sort out exam centre access.
Friday, September 07, 2007
Freedom of Information Result?
So much for transparent government! Following the latest request for information on all internal correspondence within the DCSF on elective home education between Jan 1st 2007 and 28th Feb, 2007, we received some paperwork, viewable via AHEd and HE Consult files, that made it clear that the AHEd Anomaly Campaign had made an impact, as indeed had this petition, but to be honest, we are not much the wiser as to what caused the change of heart within the DCSF. Why did they suddenly decide to move from consulting on the really quite draconian measures which were still being proposed in early Feb, to issuing the relatively benign guidelines and consultation, a response to which can be viewed here?
Below is the covering letter we received from the DCSF, which explains the reasoning behind all the redactions and omissions.
"From Denise Hunter,
Independent Schools and School Access
Denise.Hunter@dcsf.gsi.gov.uk
"Thank you for email of 7 August in which you requested copies of all internal correspondence which the Department holds on elective home education between 1 January 2007 and 28 February 2007. I am writing to confirm that we have now completed our search for the information you requested. A copy of the information which can be disclosed is attached in the format you requested.
You will see that I have redacted the names and other personal details of junior officials, classed as those who are not members of the Senior Civil Service, so that they cannot be identified. I have also redacted some personal data, as it falls within section 40 of the Freedom of Information Act "the Act" and is incidental to the information requested.
Some information is being withheld under the exemption in section 35(1)(a) of the Act - formulation of government policy. In applying section 35(1)(a) we have had to balance the public interest in withholding the information against the public interest in disclosing the information. We concluded that the public interest in maintaining the exemption and not disclosing the information outweighs the public interest in disclosure in this instance. I have set out below the particular factors which the Department considered when deciding where the public interest lay.
There is a general public interest in disclosure. Knowledge of the way Government works increases if the information on which decisions have been made is available. This can lead to public contribution to the policy making process becoming more effective. There is a general public interest in being able to see if Ministers are being briefed effectively on the key areas of policy their Department are taking forward.
Conversely, it is in the public interest that the formulation of government policy and government decision making can proceed in the self-contained space needed to ensure that it is done well. Good Government depends on good decision making and this needs to be based on the best advice available and a full consideration of the options. Without protecting the thinking space and the free and frank advice to Ministers and senior officials there is likely to be a corrosive effect on the conduct of good Government, with a risk that decision making will become poorer and will be recorded inadequately.
It is our view that the public interest in non-disclosure outweighs the public interest in disclosure. Disclosure of the withheld information would be likely to have a potentially corrosive effect on good Government and lead to less fully-informed decision making. This is not in the public interest. We have concluded that, in this instance, the public interest consideration was greater than the general public interest considerations for disclosure described above.
Some of the information you requested, relating to legal advice received and sought, is being withheld as it falls under the exemption in section 42 of the Act. This exemption provides that information in respect of which a claim to legal professional privilege could be maintained in legal proceedings is exempt information. In applying this exemption we have had to balance the public interest in withholding the information against the public interest in disclosing the information. There is a public interest in public authorities being accountable for the quality of their decision making, and ensuring that decisions have been made on the basis of good quality legal advice is part of that accountability. Transparency in the decision making process and access to the information upon which decisions have been made can enhance accountability.
However, government departments need high quality, comprehensive legal advice for the effective conduct of their business and to take decisions in a fully informed legal context, and the legal adviser needs to be able to set out arguments for and against a particular line, without fear that this might expose weaknesses in the Government's position and open it up unnecessarily to legal challenge, which would waste public resources. Disclosure of legal advice has a high potential to prejudice the Government's ability to defend its legal interests - both directly, by unfairly exposing its legal position to challenge, and indirectly by diminishing the reliance it can place on the advice having been fully considered and presented without fear or favour. Neither of these is in the public interest. We need to protect the vitally important principle that officials must be able to consult lawyers in confidence to obtain effective legal advice in a forum which is conducive to a free exchange of views without fear of intrusion or disclosure.
Some information is being withheld under the exemption in section 21, as the Act provides that information which is reasonably accessible to the applicant otherwise than under section 1 is exempt information. A copy of the parliamentary question which was asked by Mark Todd MP on 1 February 2007 may be found at: http://tinyurl.com/3at9wr
And a copy of the documents entitled "The Prevalence of Home Education in England: A Feasibility Study" may be found at: http://www.dfes.gov.uk/rsgateway/DB/RRP/u014863/index.shtml
If you are unhappy with the service you have received in relation to your request and wish to make a complaint or request a review of our decision, you should write to me. Please quote the reference number 2007/0053194 in any future communications. As you know, your previous request of 4 July was given the reference number 2007/0044465.
If you are not content with the outcome of your complaint, you may apply directly to the Information Commissioner for a decision. Generally, the Information Commissioner cannot make a decision unless you have exhausted our complaints procedure.
Yours sincerely,
Denise Hunter
Independent Schools and School Access
Denise.Hunter@dcsf.gsi.gov.uk"
- - - - - - - - - -
The best we can do is guess at the reasons for some of the obliterations. Interestingly, all of Andrew Adonis's remarks were taken out, as was all input from lawyers. Indeed at one point, someone in the DfES whose name had been removed, suggested that it was wise not to include too many lawyers in the loop.
Infer from that what you will.
Below is the covering letter we received from the DCSF, which explains the reasoning behind all the redactions and omissions.
"From Denise Hunter,
Independent Schools and School Access
Denise.Hunter@dcsf.gsi.gov.uk
"Thank you for email of 7 August in which you requested copies of all internal correspondence which the Department holds on elective home education between 1 January 2007 and 28 February 2007. I am writing to confirm that we have now completed our search for the information you requested. A copy of the information which can be disclosed is attached in the format you requested.
You will see that I have redacted the names and other personal details of junior officials, classed as those who are not members of the Senior Civil Service, so that they cannot be identified. I have also redacted some personal data, as it falls within section 40 of the Freedom of Information Act "the Act" and is incidental to the information requested.
Some information is being withheld under the exemption in section 35(1)(a) of the Act - formulation of government policy. In applying section 35(1)(a) we have had to balance the public interest in withholding the information against the public interest in disclosing the information. We concluded that the public interest in maintaining the exemption and not disclosing the information outweighs the public interest in disclosure in this instance. I have set out below the particular factors which the Department considered when deciding where the public interest lay.
There is a general public interest in disclosure. Knowledge of the way Government works increases if the information on which decisions have been made is available. This can lead to public contribution to the policy making process becoming more effective. There is a general public interest in being able to see if Ministers are being briefed effectively on the key areas of policy their Department are taking forward.
Conversely, it is in the public interest that the formulation of government policy and government decision making can proceed in the self-contained space needed to ensure that it is done well. Good Government depends on good decision making and this needs to be based on the best advice available and a full consideration of the options. Without protecting the thinking space and the free and frank advice to Ministers and senior officials there is likely to be a corrosive effect on the conduct of good Government, with a risk that decision making will become poorer and will be recorded inadequately.
It is our view that the public interest in non-disclosure outweighs the public interest in disclosure. Disclosure of the withheld information would be likely to have a potentially corrosive effect on good Government and lead to less fully-informed decision making. This is not in the public interest. We have concluded that, in this instance, the public interest consideration was greater than the general public interest considerations for disclosure described above.
Some of the information you requested, relating to legal advice received and sought, is being withheld as it falls under the exemption in section 42 of the Act. This exemption provides that information in respect of which a claim to legal professional privilege could be maintained in legal proceedings is exempt information. In applying this exemption we have had to balance the public interest in withholding the information against the public interest in disclosing the information. There is a public interest in public authorities being accountable for the quality of their decision making, and ensuring that decisions have been made on the basis of good quality legal advice is part of that accountability. Transparency in the decision making process and access to the information upon which decisions have been made can enhance accountability.
However, government departments need high quality, comprehensive legal advice for the effective conduct of their business and to take decisions in a fully informed legal context, and the legal adviser needs to be able to set out arguments for and against a particular line, without fear that this might expose weaknesses in the Government's position and open it up unnecessarily to legal challenge, which would waste public resources. Disclosure of legal advice has a high potential to prejudice the Government's ability to defend its legal interests - both directly, by unfairly exposing its legal position to challenge, and indirectly by diminishing the reliance it can place on the advice having been fully considered and presented without fear or favour. Neither of these is in the public interest. We need to protect the vitally important principle that officials must be able to consult lawyers in confidence to obtain effective legal advice in a forum which is conducive to a free exchange of views without fear of intrusion or disclosure.
Some information is being withheld under the exemption in section 21, as the Act provides that information which is reasonably accessible to the applicant otherwise than under section 1 is exempt information. A copy of the parliamentary question which was asked by Mark Todd MP on 1 February 2007 may be found at: http://tinyurl.com/3at9wr
And a copy of the documents entitled "The Prevalence of Home Education in England: A Feasibility Study" may be found at: http://www.dfes.gov.uk/rsgateway/DB/RRP/u014863/index.shtml
If you are unhappy with the service you have received in relation to your request and wish to make a complaint or request a review of our decision, you should write to me. Please quote the reference number 2007/0053194 in any future communications. As you know, your previous request of 4 July was given the reference number 2007/0044465.
If you are not content with the outcome of your complaint, you may apply directly to the Information Commissioner for a decision. Generally, the Information Commissioner cannot make a decision unless you have exhausted our complaints procedure.
Yours sincerely,
Denise Hunter
Independent Schools and School Access
Denise.Hunter@dcsf.gsi.gov.uk"
- - - - - - - - - -
The best we can do is guess at the reasons for some of the obliterations. Interestingly, all of Andrew Adonis's remarks were taken out, as was all input from lawyers. Indeed at one point, someone in the DfES whose name had been removed, suggested that it was wise not to include too many lawyers in the loop.
Infer from that what you will.
Thursday, September 06, 2007
Home Education in the Glos Echo
Pamela Armstrong tells it as it is in the Gloucestershire Echo. She explains that the controls already in place are adequate to deal with the likes of Eunice Spry and, through the example of an HEing family, demonstrates why freedom in education, eg: freedom from age-related norms, is so important.
Think Before You Write Guidance
...for you may not know what you say.
Take, for example, a phrase from Nottinghamshire's Elective Home Education Guidelines - page 4, paragraph 4.
"It is also the duty of the Local Authority to ensure the safety and well-being of the child".
Well, aside from the fact that it looks as if there will be a happy ending afterall for all those poor Notts children who weren't picked up on by the LA, it looks to me as if Notts council haven't a clue about current legislation, because according to most readings of the 2004 Children Act, the LA duty in this regard is to make provision in one way or another, (the setting up the database, creating new posts and boards, the creation of a duty to co-operate with other professionals etc) to ensure the safety and well being of the child, which of course, is not the same thing as having a duty to ensure the safety and well being of the child.
If I am right on this point, I think the authority should be helped to understand that they don't understand the relevant legislation and that by such a statement they are opening themselves up to all manner of serious problems. I would suggest to them that if this information was largely spread about in Notts, the future for the council could look very bleak indeed as children who were not picked up upon will be suing the council for neglect of duty.
Take, for example, a phrase from Nottinghamshire's Elective Home Education Guidelines - page 4, paragraph 4.
"It is also the duty of the Local Authority to ensure the safety and well-being of the child".
Well, aside from the fact that it looks as if there will be a happy ending afterall for all those poor Notts children who weren't picked up on by the LA, it looks to me as if Notts council haven't a clue about current legislation, because according to most readings of the 2004 Children Act, the LA duty in this regard is to make provision in one way or another, (the setting up the database, creating new posts and boards, the creation of a duty to co-operate with other professionals etc) to ensure the safety and well being of the child, which of course, is not the same thing as having a duty to ensure the safety and well being of the child.
If I am right on this point, I think the authority should be helped to understand that they don't understand the relevant legislation and that by such a statement they are opening themselves up to all manner of serious problems. I would suggest to them that if this information was largely spread about in Notts, the future for the council could look very bleak indeed as children who were not picked up upon will be suing the council for neglect of duty.
Monday, September 03, 2007
Home Education on TV
Home Education will be discussed once again on The Wright Stuff, Channel Five, from about 09.00 hours, today, Monday 3rd Sept. Home Educators in the studio will discuss the subject with HE critic Myra Robinson.
Audience phone-in: 020 7173 5555
email: wrightstuff@five.tv
UPDATE: HEors, as is the rule on these sorts of occasions, did their utmost to combat ignorant prejudice, particularly with regard to (yawn) the socialisation issue. Honestly, what is it with schooled peeps?! - (yet again unable to change their opinions in the face of the evidence that they should). OTOH, I was impressed with the way that several of the HEors said "possibly" when they were unsure of the answer.
Doubts about the problem of studying for the hard subjects from home should have been settled by the last telephone conversation with HEor Cher, who when asked, went on very calmly to explain that her HEd son will be studying physics at university next year.
Vote in their poll here.
"So do you think that home-schooling is bad for kids?"
Audience phone-in: 020 7173 5555
email: wrightstuff@five.tv
UPDATE: HEors, as is the rule on these sorts of occasions, did their utmost to combat ignorant prejudice, particularly with regard to (yawn) the socialisation issue. Honestly, what is it with schooled peeps?! - (yet again unable to change their opinions in the face of the evidence that they should). OTOH, I was impressed with the way that several of the HEors said "possibly" when they were unsure of the answer.
Doubts about the problem of studying for the hard subjects from home should have been settled by the last telephone conversation with HEor Cher, who when asked, went on very calmly to explain that her HEd son will be studying physics at university next year.
Vote in their poll here.
"So do you think that home-schooling is bad for kids?"
What's the betting that almost everyone who votes "YES" knows next to nothing about HE?
Saturday, September 01, 2007
Home Education: "A Lovely Way to Live"
The Education and Inspections Act Kicks In
From an alert issued by Education Otherwise:
"Home educators should be aware that from 1 September 2007 there is new statutory guidance on pupils who are excluded from school. For the first 5 days excluded pupils are not allowed in public places during school hours "without reasonable justification" and when they are challenged and apprehended, a fixed penalty notice may be issued. This follows sections 103-104 of the Education and Inspection Act 2006.
"When this new duty was first announced, concerns were expressed that home educated young people out and about on their normal business might be mistaken for pupils who had been excluded. Education Otherwise has written to the DCSF requesting that LAs remind police officers that home education is a valid legal option and that home educated young people are emphatically not the subject of this new guidance. This could also usefully be added to the agenda for any forthcoming meetings with local authority officers. "
"Home educators should be aware that from 1 September 2007 there is new statutory guidance on pupils who are excluded from school. For the first 5 days excluded pupils are not allowed in public places during school hours "without reasonable justification" and when they are challenged and apprehended, a fixed penalty notice may be issued. This follows sections 103-104 of the Education and Inspection Act 2006.
"When this new duty was first announced, concerns were expressed that home educated young people out and about on their normal business might be mistaken for pupils who had been excluded. Education Otherwise has written to the DCSF requesting that LAs remind police officers that home education is a valid legal option and that home educated young people are emphatically not the subject of this new guidance. This could also usefully be added to the agenda for any forthcoming meetings with local authority officers. "
Thursday, August 30, 2007
HE in the Guardian
which features the Shepherd family once again, is sadly not as insightful as Dave Hill's article in April's Guardian, the best bits of this one seemingly being either being lifted from his piece or taken from Ann Newstead, but hey ho... it isn't too bad.
Wednesday, August 29, 2007
Best News
...after 26 hours in labour, a beautiful girl, 8lbs 2 oz for DD and MD.
Almost unbelievable. I keep pinching myself. Many, many congratulations from us all.
Almost unbelievable. I keep pinching myself. Many, many congratulations from us all.
Petition Opposing ContactPoint
Home Education in the Papers
From the Telegraph, a piece from Cassandra Jardine on the pain of going to school, which is accompanied by a photo of a miserable child, subheaded "School daze: upset children will settle". Into what? seems to be a legitimate question. Longterm depression is a perfectly reasonable answer for some.
She explains why she is pleased she didn't HE.
"Her dramas took me straight back to the days when some of my children were so wretched in those first weeks that I seriously contemplated home education. I'm glad now that I didn't - not just for my own sake, but for theirs. Aside from the nightmare of being my own children's head teacher, they would have missed out on all the friendships that occupy 98 per cent of their time."
Derisive snorting isn't elegant, I suppose, but it is the only sane response.
(Just in case she is still wondering: HE children have infinitely more opportunity to indulge their friendships than any school kid. Mid-week sleep-over midnight feasts aren't a problem for HEks, for example.)
If you need cheering up, go to the Daily Mail for an HE piece with prevailingly positive comments.
She explains why she is pleased she didn't HE.
"Her dramas took me straight back to the days when some of my children were so wretched in those first weeks that I seriously contemplated home education. I'm glad now that I didn't - not just for my own sake, but for theirs. Aside from the nightmare of being my own children's head teacher, they would have missed out on all the friendships that occupy 98 per cent of their time."
Derisive snorting isn't elegant, I suppose, but it is the only sane response.
(Just in case she is still wondering: HE children have infinitely more opportunity to indulge their friendships than any school kid. Mid-week sleep-over midnight feasts aren't a problem for HEks, for example.)
If you need cheering up, go to the Daily Mail for an HE piece with prevailingly positive comments.
Monday, August 27, 2007
Sunday, August 26, 2007
The State Has Crossed That Line
...and taken over responsibility for provision of education, if this article from the Republic of Ireland is to be believed.
Whoa, this way too scary and way too close to home...how dare they do this! It looks as if they simply haven't seriously considered the impact upon themselves and upon relevant bits of legislation, for not only will the Irish equivalent of Section 7 have to go, but several sections of the ECHR will also have to be over-ridden. What's more, all those children who are failed by the education system that is forcefully imposed upon them, well they are in the money, I'd say. Get suing asap, before this dreadful precedent spreads.
Whoa, this way too scary and way too close to home...how dare they do this! It looks as if they simply haven't seriously considered the impact upon themselves and upon relevant bits of legislation, for not only will the Irish equivalent of Section 7 have to go, but several sections of the ECHR will also have to be over-ridden. What's more, all those children who are failed by the education system that is forcefully imposed upon them, well they are in the money, I'd say. Get suing asap, before this dreadful precedent spreads.
Tuesday, August 21, 2007
A Real Choice?
I hadn't heard of Choice Advisors till Fiona N alerted us to this particular gem.
"Local authorities across England are set to share in over £9 million funding for the creation of a network of Choice Advisers who will support parents in choosing the right school for their child."
What on earth will the Choice Advisor in our area be doing, I wonder? There is a choice of precisely one secondary school around here. This institution is riddled with drugs, deliquent behaviour, violence, knives, poor expectations and results, and yet comes well within the top 500 state schools in the Times. I think I can cope with the choice this presents, thank you very much.
Am clinging to the hope that there are HEors out there willing to educate their Choice Advisor re the real option of Home Education.
"Local authorities across England are set to share in over £9 million funding for the creation of a network of Choice Advisers who will support parents in choosing the right school for their child."
What on earth will the Choice Advisor in our area be doing, I wonder? There is a choice of precisely one secondary school around here. This institution is riddled with drugs, deliquent behaviour, violence, knives, poor expectations and results, and yet comes well within the top 500 state schools in the Times. I think I can cope with the choice this presents, thank you very much.
Am clinging to the hope that there are HEors out there willing to educate their Choice Advisor re the real option of Home Education.
Monday, August 20, 2007
Be Well.
Dear Friends,
Be well...Go carefully. We are thinking of you, DD, JFT and DB and send you all our love.
Be well...Go carefully. We are thinking of you, DD, JFT and DB and send you all our love.
Sunday, August 19, 2007
International Freedom in Education Day
...planned for Saturday Sept 15th.
From the website
"The aim is to promote the idea of the importance of free choice in education, and to spread information about the alternative ways of learning that are available, or are being fought for in various countries.
The focus will be on Home Education, but we also welcome alternative and free schools to take part in this global event. "
An HE fair is planned for London, Wesbourne Grove Church, Westbourne Grove, to include talks by academics. Contact homeeducationfair@hotmail.com for details.
From the website
"The aim is to promote the idea of the importance of free choice in education, and to spread information about the alternative ways of learning that are available, or are being fought for in various countries.
The focus will be on Home Education, but we also welcome alternative and free schools to take part in this global event. "
An HE fair is planned for London, Wesbourne Grove Church, Westbourne Grove, to include talks by academics. Contact homeeducationfair@hotmail.com for details.
Tuesday, August 14, 2007
The "Dependency Paradox"
Well most HEors would probably have told you the following anyhow, but it is nice to have it corroborated in the July edition of "The Psychologist" magazine, particularly when my assertions on these very points were met with such a doleful, doubtful stare from a psychologist I bumped into at work the other day.
Psychologist Brooke Feeney's
"experiments demonstrated that ample, unconditional support by one person towards their partner, leads that partner towards greater independence not increasing neediness - an effect Feeney dubs the "dependence paradox".
Feeney told us: "In many Western curltures, dependence on others is often viewed as a sign of weakness and as something that should be discouraged. But this research provides support for an alternative view of dependence on others, which is that true independence and self-sufficiency emerges becuse of an individual's ability to depend on close relationship partners in times of need. People are able to engage in more activities, accopmlish more goals, use their minds better, and fucntion more autonomously when their dependency needs are supported. "
Now just apply that to HE parents supporting their children, and you should have a pretty strong argument in favour of HE.
(HT: SF)
Psychologist Brooke Feeney's
"experiments demonstrated that ample, unconditional support by one person towards their partner, leads that partner towards greater independence not increasing neediness - an effect Feeney dubs the "dependence paradox".
Feeney told us: "In many Western curltures, dependence on others is often viewed as a sign of weakness and as something that should be discouraged. But this research provides support for an alternative view of dependence on others, which is that true independence and self-sufficiency emerges becuse of an individual's ability to depend on close relationship partners in times of need. People are able to engage in more activities, accopmlish more goals, use their minds better, and fucntion more autonomously when their dependency needs are supported. "
Now just apply that to HE parents supporting their children, and you should have a pretty strong argument in favour of HE.
(HT: SF)
Friday, August 10, 2007
New Statism
Amid news of consultation responses that read as if parents could not possibly be rightfully held responsible for ensuring that a child receives a suitable education, we hear via Fraser Nelson at the Spectator that School's Minister Lord Adonis, who had at least some moments of enlightenment when it comes to respecting parental and child choice in education, is losing his grip as Brown quietly undoes any public service reforms that Blair had managed to wriggle past his party.
"In education, a twin-track strategy is at work. Publicly, Mr Brown has praised City Academies, the quasi-independent schools which Mr Blair hoped to see spring up. Lord Adonis, joint architect and implementer of the scheme, remains in place as schools minister. Mr Brown's ministers have openly pledged to expand the scheme. But the new restrictions are strangling the reform into non-existence. The Academies are to lose their independent sponsor, adopt the national curriculum and - crucially - be subject to greater control by town halls.
The whole point of Mr Blair's Academy programme was that the schools were independent, sometimes explicitly branded like the Harris Academies in south London, always empowered to develop their own ethos away from the dead hand of council officials. Local authorities disliked the idea so much that they would drag Lord Adonis to the High Court attempting to blackball these rival schools. It is not hard to work out how they will use their new powers. The name "City Academy" may continue, but they will be indistinguishable from other schools. Lord Adonis is now running a ghost programme. It is over."
To which HEors can only reply "HELP".
"In education, a twin-track strategy is at work. Publicly, Mr Brown has praised City Academies, the quasi-independent schools which Mr Blair hoped to see spring up. Lord Adonis, joint architect and implementer of the scheme, remains in place as schools minister. Mr Brown's ministers have openly pledged to expand the scheme. But the new restrictions are strangling the reform into non-existence. The Academies are to lose their independent sponsor, adopt the national curriculum and - crucially - be subject to greater control by town halls.
The whole point of Mr Blair's Academy programme was that the schools were independent, sometimes explicitly branded like the Harris Academies in south London, always empowered to develop their own ethos away from the dead hand of council officials. Local authorities disliked the idea so much that they would drag Lord Adonis to the High Court attempting to blackball these rival schools. It is not hard to work out how they will use their new powers. The name "City Academy" may continue, but they will be indistinguishable from other schools. Lord Adonis is now running a ghost programme. It is over."
To which HEors can only reply "HELP".
Tuesday, August 07, 2007
Freedom of Information Update
Well, this is no surprise:
From the DfCSF:
"Thank you for your request for information which the Department received on 4 July 2007. In that request, you asked for copies of all correspondence sent from the Department and all internal correspondence related to elective home education between 1 January 2007 and 28 February 2007.
I can confirm that we hold information falling within the description specified in your request. However, we estimate that the cost of complying with your request would exceed the appropriate limit which has been specified in regulations and for central Government is set at £600. This represents the estimated cost of one person spending 3.5 working days in determining whether we hold the information, and locating, retrieving and extracting the information. Under section 12 of the Freedom of Information Act the Department is not obliged to comply with your request and we will not be processing your request further.
If you were to make a new request for a narrower category of information or limit the scope of your enquiry, it may be that we could comply with that request within the appropriate limit, although I cannot guarantee that this will be the case. Possible ways of narrowing your request might include limiting it to: correspondence which the Department has sent related to elective home education; internal correspondence related to elective home education; a shorter time period. "
Yep, it was unlikely that the DfCSF would cough up in the current circumstances, but it is a tad cynical to make us wait until three working days after they should have responded to the request for information to tell me that they would not be responding.
It seems wise (for various reasons) to resist the temptation to apply the Heimlich manoeuvre at this point, and will therefore only be sending in a more limited request - for only internal correspondence for the first two months of 2007.
Given that previous requests for information on EHE which have received a positive response from the DfES have been larger in scope and longer in time scale, it would seem perfectly reasonable to conclude that this request could be met.
Below, a copy of the further FOI request that has just been sent:
Dear Sir/Madam,
Thank you for your e-mail response to my request under the Freedom of Information Act 2000, (reference number 2007/0044465).
I wish to pursue the matter further and will therefore do as you suggest and limit the scope of the enquiry, to ask for information only on all internal correspondence within the DfES on the subject of Elective Home Education from January 1st 2007 to February 28th 2007 inclusive and
for this information to be sent via e-mail to the above address.
I understand, through information received in the home education community, that you did respond to a request to cover both internal correspondence and correspondence that was sent out by the DfES on EHE for the end of 2006. Indeed this request not only asked for more information than my current request, but also covered a longer period of three months. It would therefore seem reasonable to conclude that it should be possible to respond to my much more limited enquiry.
I look forward to hearing from you in the near future.
Yours faithfully,
From the DfCSF:
"Thank you for your request for information which the Department received on 4 July 2007. In that request, you asked for copies of all correspondence sent from the Department and all internal correspondence related to elective home education between 1 January 2007 and 28 February 2007.
I can confirm that we hold information falling within the description specified in your request. However, we estimate that the cost of complying with your request would exceed the appropriate limit which has been specified in regulations and for central Government is set at £600. This represents the estimated cost of one person spending 3.5 working days in determining whether we hold the information, and locating, retrieving and extracting the information. Under section 12 of the Freedom of Information Act the Department is not obliged to comply with your request and we will not be processing your request further.
If you were to make a new request for a narrower category of information or limit the scope of your enquiry, it may be that we could comply with that request within the appropriate limit, although I cannot guarantee that this will be the case. Possible ways of narrowing your request might include limiting it to: correspondence which the Department has sent related to elective home education; internal correspondence related to elective home education; a shorter time period. "
Yep, it was unlikely that the DfCSF would cough up in the current circumstances, but it is a tad cynical to make us wait until three working days after they should have responded to the request for information to tell me that they would not be responding.
It seems wise (for various reasons) to resist the temptation to apply the Heimlich manoeuvre at this point, and will therefore only be sending in a more limited request - for only internal correspondence for the first two months of 2007.
Given that previous requests for information on EHE which have received a positive response from the DfES have been larger in scope and longer in time scale, it would seem perfectly reasonable to conclude that this request could be met.
Below, a copy of the further FOI request that has just been sent:
Dear Sir/Madam,
Thank you for your e-mail response to my request under the Freedom of Information Act 2000, (reference number 2007/0044465).
I wish to pursue the matter further and will therefore do as you suggest and limit the scope of the enquiry, to ask for information only on all internal correspondence within the DfES on the subject of Elective Home Education from January 1st 2007 to February 28th 2007 inclusive and
for this information to be sent via e-mail to the above address.
I understand, through information received in the home education community, that you did respond to a request to cover both internal correspondence and correspondence that was sent out by the DfES on EHE for the end of 2006. Indeed this request not only asked for more information than my current request, but also covered a longer period of three months. It would therefore seem reasonable to conclude that it should be possible to respond to my much more limited enquiry.
I look forward to hearing from you in the near future.
Yours faithfully,
E-petition
Just in case it passed you by, this needs signing...
"We, the undersigned, petition the Prime Minister to ensure that all parents are informed of their legal right to Home educate their Children.
At the moment it is a closely guarded secret that all parents have the right to home educate their children. We would like to see the government informing all parents of that right. We would also like to see the government ensuring that the LEA inspectors of Home Educators are pro home education and have a knowledge of the different ways in which Home education can be delivered by parents. We also want it recognised that children vary in their abilities and that there is no way to gauge when a child will be proficient in any one area of learning."
"We, the undersigned, petition the Prime Minister to ensure that all parents are informed of their legal right to Home educate their Children.
At the moment it is a closely guarded secret that all parents have the right to home educate their children. We would like to see the government informing all parents of that right. We would also like to see the government ensuring that the LEA inspectors of Home Educators are pro home education and have a knowledge of the different ways in which Home education can be delivered by parents. We also want it recognised that children vary in their abilities and that there is no way to gauge when a child will be proficient in any one area of learning."
Saturday, August 04, 2007
Various Outcomes
Anon usefully put the following case in comments to a previous post:
"Whatever the result of this (the consultation process), it will produce a set of guidelines, not new law. You are free to ignore these guidelines if you feel that they should not apply to you, and you can challenge any Local Authority trying to implement these new guidelines as if they are a set of new laws.
"If the guidelines are what everyone wants (how likely is that in this control freak infested government) then fine, 'democracy at work' and all of that. Everyone should be braced however for a set of guidelines that are bad news. "
It is my understanding however, that the guidelines cannot exceed the law. My contention is that if the guidelines give explicit instruction to local authorities to intrude, monitor and prescribe, then they will have gone beyond the law, and we should be asking for the law to be re-written in order to reflect the effective change within it. (Not that we want this, but then, neither do they.)
I believe that the greater worry is that the guidelines will be written so as to be so ambiguous that LAs will be able to abuse the law, but then that differs little from the situation we have currently, save for the fact that we will all be known to the authorities and the guidance on the Children Missing from Education which stipulates that HEKs are not the target of the initiative is unlikely to be respected.
However, far better this, than a mass of state intrusion and prescription as was proposed when the matter of guidelines was first raised. Then we really would have been stuffed good and proper.
"Whatever the result of this (the consultation process), it will produce a set of guidelines, not new law. You are free to ignore these guidelines if you feel that they should not apply to you, and you can challenge any Local Authority trying to implement these new guidelines as if they are a set of new laws.
"If the guidelines are what everyone wants (how likely is that in this control freak infested government) then fine, 'democracy at work' and all of that. Everyone should be braced however for a set of guidelines that are bad news. "
It is my understanding however, that the guidelines cannot exceed the law. My contention is that if the guidelines give explicit instruction to local authorities to intrude, monitor and prescribe, then they will have gone beyond the law, and we should be asking for the law to be re-written in order to reflect the effective change within it. (Not that we want this, but then, neither do they.)
I believe that the greater worry is that the guidelines will be written so as to be so ambiguous that LAs will be able to abuse the law, but then that differs little from the situation we have currently, save for the fact that we will all be known to the authorities and the guidance on the Children Missing from Education which stipulates that HEKs are not the target of the initiative is unlikely to be respected.
However, far better this, than a mass of state intrusion and prescription as was proposed when the matter of guidelines was first raised. Then we really would have been stuffed good and proper.
Friday, August 03, 2007
Draft Guidelines
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
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”1.
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
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.3
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,.4
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”.5 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 statement6. 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.7
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 apply8 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
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: enquiries@heas.org.uk
Helpline: 01707 371854
Home Education UK
Website: www.home-education.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
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
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
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”1.
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
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.3
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,.4
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”.5 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 statement6. 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.7
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 apply8 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
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: enquiries@heas.org.uk
Helpline: 01707 371854
Home Education UK
Website: www.home-education.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
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
Wednesday, August 01, 2007
What Can We Expect?
The Consultation on Elective Home Education Guidelines closed pretty promptly last night - at 23.55 hours according to at least three exasperated responders who just missed the deadline.
So what can we expect from all this?
Well, there were 858 responses or thereabouts. Given the complexity of responding and the commitment required by individuals to do it, the DfCSF would be right to conclude that home educators are serious about protecting home education and their families and that they are widely networked and well-informed. Don't mess lightly or otherwise with us!
This should mean that the DfCSF will produce guidelines along the lines of the current draft. Better still and with a greater degree of legal accuracy, they would do well to adopt the version produced by Education Otherwise with what appears to be Ian Dowty's help. If that link doesn't work, try here (EO's entire response to the consultation) and scroll down to the section on EO guidelines. This does some great work eg:
It debunks the "broad and balanced" myth explaining that this is only relevant in the maintained sector. Home education has to be suitable TO THE CHILD, not necessarily broad and balanced, (whatever that means exactly).
It addresses the issue of the Children Missing from Education Legislation and guidance, and at least partially explains how this would work when coupled with ContactPoint. There seems to be a key bit of this missing - there is a reference to flowcharts, but no page as far as I can see - (will ask Fiona N for this) but whatever these propose, and I suspect it will be a formalisation of the principle of minimal and proportionate intervention, I suspect that the reality of it is that all of us will be checked out for our provision, as a result of the convergence of CME legislation and Donaldson, but at least, with our responses, we will have limited the intrusiveness and prescriptiveness of these interventions.
Here's hoping, anyhow.
So what can we expect from all this?
Well, there were 858 responses or thereabouts. Given the complexity of responding and the commitment required by individuals to do it, the DfCSF would be right to conclude that home educators are serious about protecting home education and their families and that they are widely networked and well-informed. Don't mess lightly or otherwise with us!
This should mean that the DfCSF will produce guidelines along the lines of the current draft. Better still and with a greater degree of legal accuracy, they would do well to adopt the version produced by Education Otherwise with what appears to be Ian Dowty's help. If that link doesn't work, try here (EO's entire response to the consultation) and scroll down to the section on EO guidelines. This does some great work eg:
It debunks the "broad and balanced" myth explaining that this is only relevant in the maintained sector. Home education has to be suitable TO THE CHILD, not necessarily broad and balanced, (whatever that means exactly).
It addresses the issue of the Children Missing from Education Legislation and guidance, and at least partially explains how this would work when coupled with ContactPoint. There seems to be a key bit of this missing - there is a reference to flowcharts, but no page as far as I can see - (will ask Fiona N for this) but whatever these propose, and I suspect it will be a formalisation of the principle of minimal and proportionate intervention, I suspect that the reality of it is that all of us will be checked out for our provision, as a result of the convergence of CME legislation and Donaldson, but at least, with our responses, we will have limited the intrusiveness and prescriptiveness of these interventions.
Here's hoping, anyhow.
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