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:
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