Assessing suitable education at home

Section 7 of the Education Act 1996 states that parents must ensure their children receive "efficient full-time education" that is "suitable" for their "age, ability and aptitude". This must be done "either by regular attendance at school or otherwise". Parents may therefore choose to educate their children at home, known as elective home education.

Assessing elective home education

In April 2019, the Department for Education published new non-statutory guidance on elective home education for local authorities which makes clear that the identification of children who have never attended school and may be home educated forms a significant element of fulfilling an authority's statutory duty under section 436A of the Education Act 1996 - to establish, so far as it is possible, the identities of children in its area who are not receiving a suitable education. Until a local authority "is satisfied that a home-educated child is receiving a suitable full-time education, then a child being educated at home is potentially in scope of this duty" and the Statutory Guidance on Children Missing Education applies. However, this should not be taken as implying that it is the responsibility of parents under section 436A to "prove" that education at home is suitable and "a proportionate approach needs to be taken".