Under the Education Act 1996, parents have the right to educate their children at home, provided the education is deemed “suitable” to the child's age, ability, and aptitude. Councils cannot insist on routine inspections, nor are parents required to register their home-educated children or follow the national curriculum.
This light-touch approach has raised concerns about safeguarding, educational quality, and children falling off the radar. Without mandatory registration or monitoring, councils are often unable to identify and support families who struggle with home schooling.
By contrast, the legislation in Jersey, where I was previously children's commissioner, has a more robust and structured approach that could serve as a model for reform in England. Key elements of Jersey's approach include:
Permission: Parents must register their intention to home educate and obtain permission from the minister who can withdraw permission if arrangements are unsatisfactory.
Mandatory registration: Name, address, date of birth, and attainment data are held on a register. This ensures every home-schooled child is accounted for from the outset.
Structured oversight: Parents must provide evidence that their educational provision is adequate. This will involve submitting an educational plan and periodic assessments.
Clear standards: The expectation is that home education will broadly align with Jersey curriculum principles, ensuring consistency while allowing for personalised learning.
Safeguarding measures: The framework incorporates safeguarding considerations, so that home-educated children's welfare is monitored alongside educational progress.
Jersey's legislative framework addresses some of the gaps in England's approach. Mandatory registration ensures that no child is invisible to the system, while oversight balances the need for parental autonomy with the state's duty to protect children's rights.
By adopting similar policies, England could enhance its ability to support home-educating families while safeguarding children's education and welfare. The measures in the Children's Wellbeing and Schools Bill are welcomed. A compulsory “children not in school” register in every local authority will ensure no child is missed. Parents will no longer have an automatic right to home educate if their child is subject to a child protection investigation or plan. If a council deems the education or home environment unsuitable, it will have the power to require school attendance.
However, could we go further? Including powers for councils to speak to children directly to check that they are safe and receiving a suitable education would be a positive addition to the bill.
