Guide for parents

In England, education is compulsory, but attending school is not. As a parent you have a legal duty to ensure that your child receives efficient full-time education suitable to their age, ability and aptitude, and to any special educational needs they may have, either by regular attendance at school or otherwise.

An "efficient" and "suitable" education is not defined in the Education Act 1996 but "efficient" has been broadly described in case law as an education that "achieves that which it sets out to achieve", and a "suitable" education as one that "primarily equips a child for life within the community of which he is a member, rather than the way of life in the country as a whole, as long as it does not foreclose the child's options in later years to adopt some other form of life if he wishes to do so".

Children must receive full-time education from the start of what would be the school term following their fifth birthday. Compulsory education continues until the last Friday in June of Year 11 (any child who is sixteen years of age between September and 31 August is of compulsory school age until the last Friday of June in that year). Recent legislation means that since 2013, all young people in England are required to stay in some form of education or training until their 18th birthday. This can include home education if a young person was home educated when they left compulsory education.

No, but once you have made the decision to home educate you will need to follow certain steps, depending upon your child’s circumstances. Please read the 'Deciding to home educate' page for more information.

The Local Authority has no formal powers or duty to monitor the provision of education at home. However, it does have a statutory duty (under s.436A of the Education Act 1996) to establish the identities, so far as it is possible to do so, of children in its area who are not receiving a suitable education.

The simple fact that a child is being educated at home does not mean that he or she is not receiving a suitable full-time education, however, to fulfil the section 436A duty, the Local Authority is entitled to make informal enquiries of parents to establish what education is being provided. As parents, you are under no legal obligation to respond, but if you do not, the Local Authority is entitled to conclude from the absence of any response that it appears that your child is not receiving a suitable education, with all the consequences which can follow from that.

If you withdraw your child from an Isle of Wight school to educate them at home, a member of the EHE Team will contact you and offer a meeting. The purpose of this initial meeting is to discuss the education you are providing, or intend to provide, for your child, to offer any advice required and to answer any questions you may have.

The Local Authority acknowledges that for many parents, the time they start home educating can be a stressful period, especially if their child has had a negative experience at school. In the early stages of home education, plans may not be detailed but this does not mean that there can be any significant break between the end of schooling and the provision of good education at home.

The type of educational activity provided through home education can be varied and flexible, but parents should ensure:

• that significant carers are consistently involved
• the child’s needs, talents and aspirations are recognised and supported
• there are opportunities for the child to be stimulated by their learning experiences
• there are opportunities for appropriate interaction with other children and adults
• there is access to a suitable environment for learning, resources and materials such as paper and pens, books and libraries, arts and crafts materials, physical activity and ICT

The Local Authority will expect to see learning and development taking place from the beginning of any period of home education.

Expectations of a suitable education are

• that the home education provided is age-appropriate, enables the child to make progress according to their level of ability, and has taken account of any specific aptitudes or special educational needs or disabilities
• if your child has an Education, Health and Care Plan (EHCP), the home education provided should be appropriate for their special educational needs or disabilities. However, this does not mean that you must provide everything previously provided by the school. Currently, on the Isle of Wight, your child may still be able to access physiotherapy, occupational therapy and speech and language therapy as part their EHCP
• even if there is no specific link with the National Curriculum, there should be an appropriate minimum standard which is aimed at, and the education should aim at enabling the child, when grown-up, to function as an independent citizen in the UK
• parents should be able to demonstrate the amount of time for which a child is being educated and education which is not occupying a significant proportion of a child’s life will probably not meet the s.7 requirement
• parents should be able to demonstrate the progress and development made by their child. The Local Authority may use minimum expectations for literacy and numeracy in assessing suitability, whilst bearing in mind the age, ability and aptitude of the child and any special educational needs or disabilities he or she may have

Education may be considered unsuitable

• if it is delivered in circumstances which make it very difficult to work (for example in very noisy premises)
• if it leads to excessive isolation from the child’s peers, and thus impedes social development

The assessment of home education will vary depending upon the style of education you are providing, but should include:

• your plan or philosophy for your child’s education
• resources
• how you will assess your child’s progress
• how you intend to integrate the fundamental core subjects of English (literacy), mathematics and science into your arrangement.
• any arrangements for public examinations where appropriate.
• how you will meet any special educational needs or disabilities your child may have

A record of all meetings/reviews will be completed, and feedback provided to you.

This will include one of three outcomes:

• Suitable: the EHE Team will maintain contact with you to provide advice and support via annual contact (annual contact may be via request to submit a report on the education the child has/is receiving or by a meeting at home or other agreed venue).
• Not Yet Suitable: where the provision is judged to be developing and EHE Team member working with a family believes there is capacity to improve the education the child is receiving, they will discuss their concerns and advise on steps needed to improve things. Re-assessment will be undertaken after 6 weeks to ensure the education is suitable.
• Unsuitable: if a child’s education remains unsuitable, the EHE Team Leader will recommend that an application for a school place is made and if this does not happen, the Local Authority may issue a School Attendance Order.

There is no acknowledged ‘correct way’ to provide an education at home and as a home educator you can educate in the way you think is most appropriate. However, you must ensure your child is receiving a full-time education suitable to their needs.

You are not required to follow the National Curriculum nor does your child have to sit examinations. When deciding how much time to devote to your child’s education you may find it useful to note that whilst there is no legal definition of ‘full time’ the DfE recommends that a normal school day provides 5 hours education a day spread over 190 days a year.

You may wish to also consider how the education you provide will help your child to develop their

• communication skills
• observation and awareness skills
• problem solving and thinking skills
• creative and imaginative skills
• literacy and numeracy skills
• physical, personal and social skills

In England, education is compulsory, but attending school is not. As a parent you have a legal duty, as set out in section 7 of the Education Act 1996, to ensure that your child receives: “efficient full-time education suitable

• to his age, ability and aptitude, and
• to any special educational needs he may have, either by regular attendance at school or otherwise” 

 An "efficient" and "suitable" education is not defined in the Education Act 1996 but "efficient" has been broadly described in case law as an education that "achieves that which it sets out to  achieve", and a "suitable" education as one that "primarily equips a child for life within the community of which he is a member, rather than the way of life in the country as a whole, as long as it does not foreclose the child's options in later years to adopt some other form of life if he wishes to do so".

 Article 2 of Protocol 1 of the European Convention on Human Rights states that

 “No person shall be denied the right to education. In the exercise of any functions which it assumes in relation to education and to teaching, the State shall respect the right of parents to ensure such education and teaching is in conformity with their own religious and philosophical convictions.”

No, but once you have made the decision to home educate you will need to follow one of the steps below, depending upon your child’s circumstances

• if your child is registered at a school, please inform the head teacher in writing of your request to remove your child from the school roll
• if your child has an Education, Health and Care Plan and is registered at a mainstream school, please inform in writing the head teacher of your decision and contact the Isle of Wight Local Authority SEN Team to ensure appropriate procedures are followed and suitable advice is given
• if your child has an Education, Health and Care Plan and is on roll at a special school, their name will remain on the register of that special school until the SEN Team are satisfied that the educational provision you have made for your child meets their special educational needs, whereupon your child’s Education, Health and Care Plan will be adjusted accordingly
• if your child is not on roll at a school, you are under no specific duty to inform the Isle of Wight Local Authority of your decision to home educate. However, we do recommend that you inform the EHE Team

The Local Authority has a specific responsibility to identify children missing education so it is also very helpful for parents to inform the Local Authority of children who are being home educated who have never been registered at a school, as we will not then deem them as ‘missing education’

Children must receive full-time education from the start of what would be the school term following their fifth birthday.

Compulsory education continues until the last Friday in June of Year 11 (any child who is sixteen years of age between September and 31 August is of compulsory school age until the last Friday of June in that year). 

Recent legislation means that since 2013, all young people in England are required to stay in some form of education or training until their 18th birthday. This can include home education if a young person was home educated when they left compulsory education

The Local Authority has no formal powers or duty to monitor the provision of education at home. However, it does have a statutory duty (under s.436A of the Education Act 1996) to establish the identities, so far as it is possible to do so, of children in its area who are not receiving a suitable education.

The simple fact that a child is being educated at home does not mean that he or she is not receiving a suitable full-time education, however, to fulfil the section 436A duty, the Local Authority is entitled to make informal enquiries of parents to establish what education is being provided.

As parents, you are under no legal obligation to respond, but if you do not, the Local Authority is entitled to conclude from the absence of any response that it appears that your child is not receiving a suitable education, with all the consequences which can follow from that (see section 3.0 above).

If you withdraw your child from an Isle of Wight school to educate them at home, a member of the EHE Team will contact you and offer a meeting. The purpose of this initial meeting is to discuss the education you are providing, or intend to provide, for your child, to offer any advice required and to answer any questions you may have.

The Local Authority acknowledges that for many parents, the time they start home educating can be a stressful period, especially if their child has had a negative experience at school. In the early stages of home education, plans may not be detailed but this does not mean that there can be any significant break between the end of schooling and the provision of good education at home. 

The type of educational activity provided through home education can be varied and flexible, but parents should ensure

• that significant carers are consistently involved
• the child’s needs, talents and aspirations are recognised and supported
• there are opportunities for the child to be stimulated by their learning experiences
• there are opportunities for appropriate interaction with other children and adults
• there is access to a suitable environment for learning, resources and materials such as paper and pens, books and libraries, arts and crafts materials, physical activity and ICT

The Local Authority will expect to see learning and development taking place from the beginning of any period of home education.

All parents, including the parents of children with special educational needs, have an equal right to educate their child at home. However, if a child has an Education, Health and Care Plan, the Isle of Wight Local Authority continues to have a duty to ensure that the child’s special educational needs are met.

The Isle of Wight Local Authority will work in partnership with parents to ensure that suitable arrangements are available to meet the child’s special educational needs. However, parents should be aware that they have a duty to provide their child with an efficient, full-time education suitable to the age, ability and aptitude and to any special educational needs the child may have, in line with section 7 of the Education Act 1996, whilst the Local Authority has a duty to

• Maintain the child’s EHCP
• Review the EHCP annually
• Decide whether its contents are appropriate or whether the EHCP should remain in force

At the annual review of a child’s Education, Health and Care Plan, the SEN Department, on behalf of the Local Authority, will consider the child’s progress and whether any changes are needed to the EHCP. Parents are always invited to attend the annual review meeting to ensure that the Local Authority can develop as full a picture as possible of the child’s progress and to help identify any changes that may be needed.

In cases where the Education Health and Care Plan gives the name of a school or type of school where the young person will be educated and the parents decide to educate at home, the local authority is relieved of its duty to make the special educational provision set out in the plan provided it is satisfied that the arrangements made by the parents are suitable.  The EHCP will be amended to set out the type of special educational provision that the authority thinks the young person requires but will state in a suitable place that parents have made their own arrangements under s.7 of the Education Act 1996. 

In cases where the local authority and parents agree that home education is the right provision for the young person with an Education Health and Care Plan, the EHCP should make clear that the young person will be educated at home. If it does then the local authority, under section 42(2) of the Children and Families Act 2014, must arrange and fund the special educational provision set out in the EHCP, working with the parents.  In these circumstances, the child will be known as Educated Other Than at School (EOTAS) rather than Electively Home Educated (EHE).  The local authority will only agree to EOTAS if they believe there is no mainstream or specialist provision available which could meet the needs of the young person.

Further information about Elective Home Education for children with an EHCP is available in the DfE Guidance for LA and the SEN Code of Practice, which has a chapter on home education. 

In addition, a parent who is educating a child at home may ask the Local Authority to carry out a statutory assessment or reassessment of their child’s special educational needs and the Local Authority must consider the request within the same timescales as the requests that it receives from a school or any other parent.

Contact the LA’s Special Educational Needs Team

• Email: sen@iow.gov.uk 
• Website: Special educational needs  

The IOW Local Offer is a source of local information, help, support and advice regarding SEND for parents, carers, children and young people:

SENDIASS (Special Educational Needs and Disability, Information, Advice and Support Service) provides advice and guidance for parents and carers whose children have special educational needs.  Their contact details are:

• Website: https://www.iowsendiass.org.uk/
• Email: info@iowsendiass.org.uk 
• Tel: 0808 164 5492

Suggested below are some examples of the sort of information you may be able provide to demonstrate that your child is receiving a suitable education. These are not exhaustive and may not be relevant to the style of home education you choose to adopt, and you may wish to provide other information that demonstrates a suitable education

How your child spends their day, for example

• the number of hours a day/week you are available to help your child
• the resources you are using
• any tutors used, or classes your child attends
• the sorts of activities your child will be / has been engaged in
• social activity with other children

During any follow up meetings or discussions, there will be the opportunity to discuss the education you have been providing for your child and the progress being made.

Yes, but the Isle of Wight Local Authority urges you to consider the importance of ensuring your child is effectively safeguarded. The current guidance document, ‘Elective Home Education – Guidance for Local Authorities, states:

“Parents may choose to employ other people to educate their child, though they themselves will continue to be responsible for the education provided. They will also be responsible for ensuring that those whom they engage are suitable to have access to children. Parents will therefore wish to satisfy themselves by taking up appropriate references such as an appropriate Disclosure and Baring Service (DBS) check and local authorities should encourage them to do this”.

See DBS: www.gov.uk/government/organisations/disclosure-and-barring-service/about

Similarly, if you wish to use another setting, you should check that it meets all acceptable health and safety standards and that it is officially registered with the Department for Education if it meets the requirement to register as an Independent school - i.e. if it is giving full-time education to 5 or more students of statutory school age, or to 1 pupil with an Education Health and Care Plan, or to 1 pupil who is Looked After (in the care of the local authority).

Yes - It is possible for home educated pupils to take examinations, as external candidates. As the parent/carer, you will have to pay for any examination registration fees, examination centre fees and any special arrangements needed.

Please contact the EHE Team for advice on how to apply as an external candidate. Parents should be aware that external candidates cannot always sit the same exams as a pupil in school as there can be no coursework or spoken assessments. If you remove your child from school in Key Stage 4, they may have to change some of the exams they sit (from GCSEs to International GCSEs).

The EHE Team provide information to parents/carers of all secondary EHE students each September.

Updates for home educators

A number of local post-16 providers offer limited part-time provision for some home educated pupils in Year 10 and/or Year 11 but only if home education has been assessed as suitable for at least 12 months before the start of the course in September. An exception may be made in certain circumstances if the application is agreed by the LA’s EHE Panel. This is not an alternative to school, as provision is part-time and only a limited number of qualifications are available. This is unlikely to be a suitable option for students with an EHCP as funding for additional support is not available.

Home educated children can access appropriate short-term work experience placements during the final two years of their compulsory education. As a parent it is your duty to ensure that any placements are unpaid, offer suitable and appropriate learning opportunities and are safe.

Risk assessments should be completed by parents and the employer for any work experience and any placements MUST have adequate safeguarding and health and safety procedures and insurance in place for young people.

Apprenticeships are not available for compulsory school age children.

Students who are Electively Home Educated are governed by the same laws, with regard to child employment, as any other child. No child of statutory school age is permitted to work, regardless of how they are being educated, unless they have been issued with a work permit by the Local Authority. This also applies to children who may be working part time in the family business or with a self-employed parent, in which case the parent is also classed as the employer of the child. If a child works without a permit, he or she may not be covered by an employer’s insurance. The employer can be prosecuted for the illegal employment of children as can parents if this is considered appropriate.

There are restrictions on the type of employment that is permitted for a young person and on the number of hours they can work. These regulations apply to all children from the age of 13 years to the point at which they are no longer of compulsory school age. This date is set as being the last Friday in June in the school year in which they reach the age of 16.

More information on child employment

The Solent NHS Trust provides a Public Health 0 -19 and School Age Immunisation Service which offers school-aged children living on the Isle of Wight, their eligible vaccinations. These include nasal flu, HPV, the teenage booster Meningitis ACWY and Tetanus, Diphtheria and Polio (Td/IPV). Age groups vary each year.

Home educated children are entitled to these vaccinations which are usually offered in community clinics as bookable appointments. Parental consent is needed for school vaccinations unless a young person is over 16.

In addition, the 0-19 Team believe all children deserve equal opportunities, so a universal service is offered to children who are outside of education. They offer a seamless transition from the early years, through the formative years and into adulthood.

The School Nurse Team receives children’s health records from Health Visitors so that they can continue to perform health checks and offer support to children and their families throughout the compulsory school years. School Nurses act as a link between you and other people and can make health services easier to reach. You can ask to see a School Nurse for lots of different reasons and they can meet with a child/parent at home, rather than at school

• Health checks including hearing/vision screening and height/weight checks.
• Referrals to specialists.
• Multi-agency working.
• One-to-one support.
• Drop-in clinics.

To book an appointment telephone 0300 123 5224 or email IOW0-19admin@solent.nhs.uk

The 0-19 Team also provide a professional and confidential service for parents, carers, children and young people. However, if they feel concerned about the safety of a child, they will have to share information with other safeguarding professionals – wherever possible sharing this with you first.

If you would like more information about their service or would like support for your child, please visit their website: Isle of Wight School Immunisation team website or contact them via email IOW.SAI@solent.nhs.uk or telephone 0300 123 5074

Parents have the right to apply for a school place for their child at any time. However, there is no automatic right to return to a school previously attended by a child. Places offered will be dependent on where there are vacancies and normal application and appeal procedures apply.

For more information contact the School Admissions Team

The Government has increased the participation age to which all young people in England must continue in education or training to 18.  

This raising of the participation age means young people must choose one of the following options:

• full time education, such as school, college or home education (if previously home educated)
• an apprenticeship
• part-time education or training if they are employed, self-employed or volunteering full time (defined as 20 hours or more per week)

Island Futures provide independent information, advice and guidance to young people aged up to 19 (25 for those with a learning difficulty and/or disability) and help them to access education, employment and training opportunities.

Island Futures offer a service to home educated young people so please make an appointment if you require any advice.

Island Futures provide a lot of useful information on their website and Facebook page, which includes a free weekly opportunities bulletin for young people which is updated every Friday.  Apprenticeship and Traineeship opportunities, along with local jobs, are advertised and information is available on courses provided by The Isle of Wight College and local work-based learning providers including SMART, CLC and HTP.

Find out more about Island Futures