User:FionaNicholson/All Party Parliamentary Group on Home Education/EO briefing Lords

Education Otherwise - March 2010

Summary

1. The present law is sufficient but there is no established framework for liaison between home education representatives, local authorities and the Department at a local authority level. Nor isthere a framework or mechanism or channels of communication between the Department at anational level and home education organisations and local authorities.

2. The Department has not taken a lead in promoting the 2007 Elective Home Education Guidelines.

3. Education Otherwise recommends that the Government should take powers to put the 2007guidelines on a statutory basis.http://www.dcsf.gov.uk/everychildmatters/publications/elective/

4. We also suggest that regional and national conferences should be organised to bring together practitioners and stakeholders to investigate, discuss and disseminate best practice.

5. There has been inadequate central government guidance and a failure to educate local authorities in home education.

6. Education Otherwise believes that Clause 26 Schedule 1 of the Children, Schools and Families Bill is profoundly flawed and must not pass into legislation.

7. In addition to the devastating effect on home educating families, the proposed measures would beincompatible with existing laws and would have unforeseen consequences far beyond the present target group.

8. Education Otherwise has warned the Government in Committee not to look to home educationsupport organisations for help in training and implementing these measures.

'''The current law in England

Education'''

The parent has a duty to cause the child to receive education via section 7 of the Education Act 1996. This can be done through school or outside the school system.

 Since February 2007 the local authority has a duty via s.436A of the Education Act 1996 to make arrangements to identify children missing education. Paragraph 87 of the statutory guidance onChildren Missing Education states that:“ local authorities should make inquiries with parents educating children at home about the educational provision being made for them. The procedures to be followed with respect to suchinvestigations are set out in the EHE Guidelines, 2.7-2.11 and 3.4-3.6.

“  Section 437 of the Education Act 1996 requires the local authority to seek information from parents if it appears that a child is not receiving education. Ultimately if the local authority is not satisfied, it has a duty to serve a School Attendance Order.

Safeguarding and Improving Wellbeing 

The authority has duties via the Children Act 1989 sections 17 and 47 in relation to establishing whether a child is in need of services and a duty to step in if the child is at risk of significant harm.

 Section 10 of the Children Act 2004 obliges the local authority to co-operate with statutory partners to improve wellbeing of children in the area.  If the child is considered to be at risk of significant harm there is legislation and guidance in place via section 47 of the 1989 Children Act and Working Together to Safeguard Children which sets out procedures to be followed