Education Otherwise

For some children with ME, education at school is simply not an option. In these circumstances it may be necessary for children with ME to be withdrawn from state education and taught at home. This could be because parents can educate the child more flexibly than the state, or because arrangements at school are unreasonable or impractical. Whatever the reason, education at home is a legal, if challenging, option. AYME education advisor Hilary Tandy explains how it works.

In England and Wales, a parent's responsibility to provide education for their child is set out under Section 7 of the Education Act 1996:

"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."

Most parents fulfil this responsibility by sending their child to a state or independent school. But the law states that education can happen "otherwise" than at school, which gives parents the right to choose an alternative. This may be teaching the child at home themselves, employing a private tutor, or joining with a small group of families who are home educating.

Whilst the wording of the law sounds demanding, the obligations on home-educated young people are flexible. Parents do not have to be qualified teachers, are not obliged to follow the National Curriculum, nor have set hours or a timetable. Where a child has special educational needs, home-educating parents have the same responsibilities as a school. However, this does not mean that parents have to make the same provision as would be specified in a statement of educational needs. Local Education Authorities are encouraged to recognise that provision at home will be different from provision at school.

Before home education can start, parents need to de-register their child from the school roll in writing. The Education (Pupil Registration) Regulations 1995 regulation 9(1)(c) states that the name of a school-age pupil will be deleted from the school 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 are not obliged to inform the LEA; the school will do this within ten days.

Once de-registered, it is the legal duty of the parent to provide their child with a suitable education. 'Suitable' is seen to be preparing the child for life in the modern civilised world and enabling them to achieve their full potential. Whilst, under the law, the parent also has a duty to provide full-time education (unless the child has medical needs - see Access to Education for children and young people with medical needs published by DCSF DCSF- sickchildren), the hours of home education needed to fulfil 'full-time' would not equate to a full day in school. The LEA is likely to contact the home-educating family on an informal basis to establish that a suitable education is being received. If it feels this is not the case, the family will be given time to improve the situation.

In Northern Ireland, the Education and Libraries Northern Ireland Order 1986 SI 1986/594 has the same wording as the English law quoted above.

In Scotland, the Education (Scotland) Act 1980 sets out the right to educate at home in Section28(1):

"It shall be the duty of the parent of every child of school age to provide efficient education for him suitable to his age, ability and aptitude either by causing him to attend a public school regularly or by other means."

Families who home-educate can find a great release from being under the 9-3.30 regime. Education at home can happen at any time of the day or night, which may be more suitable to the family/child's needs. It can include visits to the library and trips to relevant places of interest, all paced to fit in with the child's ME. When a relapse is causing difficulties, studies can be put on hold, with a gentle return to study as soon as appropriate.

For more information visit the web site of Education Otherwise, which provides support and information for families whose children are being educated outside school www.education-otherwise.org.

Article last edited on Thursday 12th August 2010                          Printable Version