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Ask Our Experts: Legal Home Education Rights Raisingkids member's problem Elizabeth's advice
In England and Wales... it's the parent's responsibility to make sure every child of compulsory school age receives 'efficient full-time education', either by regular attendance at school or otherwise (1996 Education Act, Section 7). An 'efficient' education should be suitable to the child's age, ability and aptitude, and to any special educational needs that child may have. Legal guidelines suggest a suitable education should prepare children for life in modern civilised society, and enable them to achieve their full potential. To begin teaching their child at home, parents do not need to ask permission from their Local Education Authority, as long as the parents have notified the governing body of the child's school (usually through the head teacher) of their intention. There are relatively few legal obligations for home-educating parents. Provided the child is not a registered pupil at a school, their parents are not required to adopt the National Curriculum, give formal lessons, or have any specific qualifications - you can find out more from www.education-otherwise.org. It's not mandatory for home-educating parents to have regular contact with their LEA, but if it appears that a child of compulsory school age is not receiving suitable education, the LEA will serve a written notice on the parents requiring evidence that the child is receiving such education. If the parents' reply is unsatisfactory, or if they fail to reply, the LEA may issue a School Attendance Order (SAO). Scotland... the education law is broadly similar to that which applies in England & Wales - the main differences lie in withdrawing a child from a state school where he or she is already enrolled. Parents should write to their local Director of Education, requesting their child's name to be removed from the school roll. Once this has been acknowledged, most Scottish local authorities will send a copy of their 'information/guidelines for parents'. They will probably suggest an initial discussion and/or home visit, and afterwards the local authority officers will prepare a report for the Education Committee of the Council recommending the granting or refusal of 'consent'. Although it's illegal for the education authority to 'unreasonably' withhold its consent for the withdrawal of a child from a state school (consent is not required for private school pupils), local authority policies and procedures tend to reflect individual councils' interpretation of the law and vary greatly across Scotland. The Scottish charity www.schoolhouse.org.uk run a 24-hour information line on 0870 745 0967. N.Ireland... as in England, Wales and Scotland, parents in N.Ireland have a responsibility to provide a full-time, efficient education whether it be at home or at school.
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