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The Legal Bits - England and Wales

If you have been helped by the information on this website,
please consider making a donation to Education Otherwise.

The legal situation in the UK with regard to home education can be summarised in the phrase:

Education is compulsory, schooling is not

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.

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.

Deregistering a child from school
Pupil Registration regulations and sample deregistration letters
for mainstream and special schools

Should you have problems with deregistering your child, EO has produced a
leaflet aimed at LEAs and schools outlining the law as it relates to deregistration

School Is Not Compulsory
Snippets from the book by Education Otherwise
The Education Act 1996:

see sections:- 7, 8, 9, 437 - 444

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.

Employment and Children

Many children want part time jobs. This page gives some information for home educating parents.

The Crime and Disorder Act
Guidance Document

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.

The Crime and Disorder Act
Police Power to Remove Truants - Guide

Department for Children Schools and Families Guidelines on Home Education
http://www.dfes.gov.uk/localauthorities/_documents/content/7373-DCSF-Elective%20Home%20Education.pdf
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."

 Phillips vs Brown, Lord Donaldson's Judicial Review
   
 
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