The Legal Bits - England and Wales
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The legal situation in the UK with
regard to home education can be summarised in the phrase:
Education is compulsory, schooling is not
http://www.opsi.gov.uk/Acts/acts1996/ukpga_19960056_en_1
Section 7 of the Education Act 1996 applies to England and Wales:
"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"
Home education is covered under "education otherwise."
At the end of 2007, the DCSF published: http://www.dfes.gov.uk/localauthorities/_documents/content/7373-DCSF-Elective%20Home%20Education.pdf Guidelines on Home Education for Local Authorities.
Education Otherwise’s Government Policy Group has a campaign website. Click here for up to the minute news about home education and find out more about how you can protect your freedoms.
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Deregistering
a child from school
Pupil Registration regulations and sample deregistration letters
for mainstream and special schools
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School
Is Not Compulsory
Snippets from the book by Education Otherwise |
A
Summary of the Law Relating to Home Education in England and Wales
(4th Edition)
This booklet was distributed in 1999 to all LAs in England and Wales
with funding from the National Lottery Charities board. You can download
your copy here. |
The
Education Act 1996:
see sections:- 7,
8,
9,
437 - 444
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Child
Benefit and Home Education
Child Benefit is payable for home educated children after the age
of 16, provided they were home educated BEFORE the age of 16. More
information here.
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Employment
and Children
Many children want part time jobs. This page gives some information
for home educating parents.
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The
Crime and Disorder Act
Guidance Document |
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This extract from the Guidance document
indicates that the police and other authorities should be aware
that home educated children are not truants. Education Otherwise
provides to all members a card for children to carry which indicates
that they are home educated. It is not a requirement that children
carry this card; it is up to parents and/or the children to make
the choice.
Children being educated otherwise than at school
4.20 In planning for, and operating, a truancy initiative using
the new power it is important to remember that not all children
aged 5-16 are registered at school. Children educated outside the
school system altogether (see paragraph 4.1), for example, by home
tuition, might be out and about during the daytime for wholly legitimate
reasons, for example visiting a library.
4.21 Local procedures should take account of possible contact with
such home-educated children and it should be emphasised that they
are not the target group for the new power. The power can only be
exercised in relation to registered pupils of compulsory school
age absent from school without authority; it does not apply to children
who are lawfully educated at home. No further action should be taken
where children indicate that they are home-educated - unless the
constable has reason to doubt that this is the case.
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The Crime
and Disorder Act
Police Power to Remove Truants - Guide
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Department for Children Schools and Families Guidelines on Home Education
http://www.dfes.gov.uk/localauthorities/_documents/content/7373-DCSF-Elective%20Home%20Education.pdf
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Universal
Declaration of Human Rights:
"Parents have a prior right
to choose the kind of education that shall be given to their children"
- Article 26, para 3. |
United
Nations High Commissioner for Human Rights:
"All human
beings are born free and equal in dignity and
rights. They are endowed with reason and conscience and
should act towards one another in a spirit of brotherhood."
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Phillips vs Brown, Lord Donaldson's
Judicial Review
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