Observing as I have that a number of ill-informed parents on various Internet lists are currently struggling to make sense of the legislation covering elective home education, I thought that this view by a barrister writing for the Local Government Lawyer site might be of interest.
http://localgovernmentlawyer.co.uk/index.php?option=com_content&view=article&id=3641%3Awhat-to-do-with-home-education&catid=54%3Achildrens-services-articles&q=&Itemid=22
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Okay... does that say anythng new? It reiterates the current law about parents providing a suitable education; it seems to imply that if the education is not suitable the LA may step in and "make arrangements" which presumably means to order the child back to school via an SAO; isn't that what we already know? Of course, most LAs more imemdiate "arrangements" may include demands to see more maths or something, but if the parents don't fulfill this, then it still is only the SAO route.....??
ReplyDeleteIt struck me that the local authorty's duty to;
ReplyDelete'make arrangements for the provision of suitable education at school or otherwise than at school for those children of compulsory school age who, by reason of illness, exclusion from school or otherwise, may not for any period receive suitable education unless such arrangements are made for them.'
is interesting. It is often argued that because the education of children is the parents' duty, then everybody should assume that it is being fulfilled,unless there is strong evidence to the contrary. This barrister seems to think that the LA have a legal duty to ceheck up on children who are not at school in order to see whether they are being educated properly. This is not the view of many parents on the Internet lists.
Yes, but "make arrangements" is a bit of an ambigious term; I have known one family where, when it was obvious that the "home education" wasn't suitable (ie it was non existant, the parents agreed it was, and they wanted help not a conflict) then the LA provided home tuition until the time the child could actually leave the house to go to a more structured environment. That was a child classed as "emotionally vunerable" - I am sure the situation for a "normal" child whose HE was deemed unsuitable would have the SAO route eventually (although to be fair, our LA doesn't issue SAO's for home educated children - it tries every other possible route to improve matters).
ReplyDelete"It is often argued that because the education of children is the parents' duty, then everybody should assume that it is being fulfilled,unless there is strong evidence to the contrary."
ReplyDeleteBut the Donaldson case ended this possible interpretation when he said:
I do not accept that it should do nothing [the LA when a HE child becomes known to them]. This would rightly be criticised as an attempt to behave like an ostrich - to put its head in the sand in order that it should not learn of anything which might place upon it the burden of discharging its duty to consider making and, in appropriate cases, to make school attendance orders.
The most obvious step is to ask the parents for information. Of course such a request is not the same as a notice under s 37(1) of the Education Act 1944 and the parents will be under no duty to comply. However it would be sensible for them to do so.
Donaldson doesn't appear to have reached this Barrister's conclusion or he would have cited that section to support his judgement. The section in question, along with those that precede it, simply give the LA powers to make various provisions available for children whose parents decide to ask the state to provide their child's education.
If this text had been taken from the part of the act that defines the general functions of the LA (titled 'General functions') it might carry this meaning. However, it is not, it's taken from the section that describes the type of establishment the LA is allowed/required to create entitled 'Other arrangements for provision of education' and immediately after 'Establishment etc. of schools'.
Quote from the article:
ReplyDelete"So, the sledgehammer of prosecution appears to be available where the local authority has itself put in arrangements for home education. But this will only arise in the most extreme cases."
He makes this statement after quoting the section that relates to the issue of a SAO against parents of 'pupils' - those for whom the LA is responsible for providing an education - not HE parents whose children are not 'pupils' according to the definition in the Act.
He appears to be under the misapprehension that parents can only be issued with a SAO if the LA has itself put in arrangements for HE and the parents are refusing it. He seems to have totally missed Section 437 which is the one that describes the issue of SAOs to parents of children not receiving a suitable education and the section that applies the HE children.
"When and how does the local authority judge that home education delivered by parents is ‘suitable’? When does it put in its own arrangements?"
He has obviously not discovered Donaldson and informal enquires. Do you really think this article is worth recommending?
Teacher Julie says-although to be fair, our LA doesn't issue SAO's for home educated children - it tries every other possible route to improve matters).
ReplyDeleteThat is not true HCC do issue SAO orders but do not go the last step which is court! I wonder why? and it is not true it tries every other possible step to improve matters!
from what we seen HCC issue SAO to be used as a threat in the hope that it will get the parent to do as there are told if this does not work HCC give up LOL!
Sorry, the last paragraph of my first comment should have followed a quote. Here it is again with a few more thoughts:
ReplyDeleteQuote from the article:
But who is to judge whether the education delivered at home is ‘full-time’, let alone ‘suitable’? This duty would appear to fall on the relevant local authority pursuant to section 19 of the Education Act 1996, which imposes a duty on local authorities to ‘make arrangements for the provision of suitable education at school or otherwise than at school... local authorities have a duty to provide ‘suitable’ education if arrangements for receiving that level of education are not already being made for the child.
If this text had been taken from the part of the act that defines the general functions of the LA (titled 'General functions') it might carry this meaning. However, Section 19 is taken from the part that describes the type of establishment the LA is empowered/required to create, entitled 'Other arrangements for provision of education', and immediately after 'Establishment etc. of schools'. Section 19 relates to provision of the EOAS section of LAs, the provision the LA must make for children who would otherwise be registered at a school if that were suitable.
It seems unlikely that they would slip in extra universal monitoring duties for LAs in a part of the act that is concerned with detailing which types of schools and pupil referral units the LA must create and maintain when the rest of their general duties are defined in previous, more relevant, sections.