Legal Matters
 

When children reach school age, parents are legally obliged to provide an education for their children. Currently most parents choose to discharge this responsibility by sending their children to school.

The duty of parents with regards to education is contained within the Education Act 1996, section 7:

"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."

It is the phrase "...or otherwise." that gives parents the legal right to home educate their children.

Sections 437 to 443 deal with the local education authority's (LEA) duties.  In particular, Section 437 states:

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."

These sections give LEAs (local education authorities, which are a statutory department of a county council or unitary council) the right to make informal enquiries regarding a home-educated child.  However, the DfES say that parents have a choice abut how they provide information regarding their child's education.  LEAs have no automatic right to come into the home or to carry out an inspection.

The Education Otherwise website and others contain a more detailed discussion of the law and the parents' rights and duties.  Please refer to the links for a list of websites and the full Education Act 1996.

Deregistration

The process of withdrawing a child's from school is commonly referred to as "deregistration".
In England, the conditions under which a pupil's name can be removed from a school's admission register is set out the Education (Pupil Registration) (England) Regulations 2006.
Under Regulation 8(1)(d), the name of a pupil is to be deleted from the register if:

"...he has ceased to attend the school and the proprietor has received written notification from the parent that the pupil is receiving education otherwise than at school."

Parents of children registered at a school need to inform the school that they are providing education otherwise than at school so that the child's name can be removed from the register.  This process is commonly called deregistration.  The proprietor of the school must report the removal of the pupil's name from the register to the LEA immediately.  Guidance currently allows schools to delay removal for up to two days to allow notification to reach the LEA.
Parents do not require the LEA's permsission to begin home education.

Parents of children registered at a special school must obtain the consent of the LEA to withdraw their child from school, this is to facilitate a smooth transition to home education for those children.

Please refer to Education Otherwise and other websites for a more detailed discussion of the deregistration process.  The links page contains a list of such sites and a link to the Education (Pupil Registration) (England) Regulations 2006.

In Northamptonshire, the LEA is currently part of the Children & Young People's directorate, which also has responsibility for Children's Social Services.  This structure came about largely due to the "Every Child Matters" agenda.
They ask that parents notify them if they are home educating their children, however there is no legal obligation to do so.