Legal Q&A: Education for children out of school

A child is of compulsory school age the first term after their 5th birthday until the last Friday in June in the school year that they turn 16. In England, a young person must then do one of the following until they reach 18:

• Stay in full-time education - ie, at a college
• Start an apprenticeship or traineeship
• Spend 20 hours a week volunteering or working, while in part-time education

What are the duties of parents to ensure their children are educated?

The responsibility for a child's education rests with their parents. In England, education is compulsory, but school is not. Parents are not required to register or seek approval from the authority to educate their children at home, but those who do must assume full financial responsibility. However, local authorities are encouraged to provide support where resources permit. The decision to ‘Electively Home Educate' should be taken solely by parents.

What is the local authority's duty towards children out of school?

Under Section 436A of the Education and Inspections Act 2006, councils must identify children of compulsory school age in their area who are not registered pupils at a school and are not receiving suitable education otherwise than at school. Statutory guidance states that children of compulsory school age who are not receiving a suitable education should be returned to full-time education at school or in alternative provision. For pupils aged 16 to 18, local authorities have a power rather than a duty to arrange education provision.

What alternative education is available to children out of school?

This is set out in the Alternative Provision government guidance of 2013 and includes:

• Education arranged by local authorities for pupils who because of exclusion or illness would not receive a suitable education
• Education arranged by schools for pupils on a fixed-period exclusion
• Pupils directed by schools to off-site provision to improve their behaviour.

The education should be the same amount as a child would receive in a maintained school and can be made up by part-time provisions - in a pupil referral unit or another school.

For more information, contact the Child Law Advice Service at www.childlawadvice.org.uk