Home education guidance

Section 4 Contact between home educating families and local authorities

4.1 There is no statutory duty upon local authorities to monitor ongoing home education provision. However, in law (as set out in section 2 of this guidance) local authorities have a duty to take action where they are not satisfied that a parent/carer is providing efficient education suitable to their child's age, ability and aptitude. The law does not specify how, and to what extent, local authorities should actively seek the information that will inform them on whether home educating parent's/carer's educational provision is suitable and efficient.

4.2 A recommended process for gathering this information is set out below at paragraph 4.5. In general terms an open and collaborative approach to gathering this information will be in the best interests of the child.

4.3 Local authorities and home educators are encouraged to seek contact to foster positive relationships in the best interests of the child. However, where no concerns have been identified, local authorities must conduct the recommended annual contact with a parent/carer in a way that respects the privacy of the parent and child and their choice to home educate.

4.4 If the local authority has reason to believe that an efficient education is not being provided for a home educated child, they have a duty to intervene. This duty applies equally in relation to all children, regardless of whether they have or have not previously attended a local authority school in the area.

Contact

4.5 It is strongly recommended that local authorities and families known to them to be home educating should have contact in the form of a conversation at least once a year to discuss the progress of the child’s education, and for this conversation to include the child, if the child wishes. This is in line with Article 12 of the UNCRC, which protects respect for the views of the child regarding matters which affect them. This annual contact by means of a conversation is not a statutory requirement. However, it is a recommendation as to how local authorities may reasonably inform themselves of the education that the child is receiving, in line with the principles of the right to an education in Articles 28 and 29 of the UNCRC Convention and in line with the duty of the parent/carer to provide education to their child under section 30 of the 1980 Act. Home educators and local authorities are encouraged to work together collaboratively to develop trust, mutual respect and a positive relationship in the best interests of the child.

4.6 To facilitate this positive relationship, it is recommended that annual contact is made initially in writing to the parent/carer by the local authority, seeking a meeting, or requesting an update on educational provision. The primary purpose of the contact should be for the local authority to satisfy themselves that a suitable and efficient education is being provided (as set out in paragraph 3.13). Whilst the format of the contact is flexible, it is recommended that a conversation, to include the child if they should wish to be included, is held as a part of the annual engagement. Where a child expresses the wish not to participate in a conversation with the local authority this should be respected. It is recommended that a conversation takes place, at a mutually agreed location or via a digital medium; however, relevant information may also be provided through other means, e.g. the submission by the parent/carer and child of written, recorded or electronic material. Authorities should not be prescriptive about the format in which information can be submitted. The important factor is whether the information can demonstrate that suitable and efficient education is being provided.

4.7 Following this contact, the local authority should write to the parent/carer letting them know the outcome, i.e. whether or not the educational provision was seen to be suitable and efficient. Where there are no concerns with the educational provision, there will be no need for further contact until the following year unless mutually agreed. Where there are concerns about the efficiency or suitability of the education being provided, the local authority should make the exact nature of these concerns clear to the parent.

4.8 If, from whatever source, a local authority becomes aware of concerns about the home education of a child in its area outwith the normal contact time, they will need to gather the necessary information in order to form a view on whether those concerns are justified or whether the parent/carer is providing an efficient education suitable to the age, ability and aptitude of the child.

Access to the child and home or learning environment

4.9 It is important to acknowledge that learning takes place in a wide variety of environments and not simply in the home. Where the education is taking place in the home, it may be desirable for a local authority to have the opportunity to meet with the child in that learning environment in order to better understand the child's views, feelings and experience of home learning in context, should the child be content to do so. However, the authority does not have a right of access to the home or the child. There is no statutory basis for a local authority to seek access to a child as part of the annual contact with a home educator, however contact with the child is strongly recommended as a matter of good practice. Trusting relationships may need time to develop before a parent/carer is willing to invite an officer to visit. Where a parent/carer does not allow access to their home or their child, this does not of itself constitute a ground for concern about the education provision, and the local authority must not treat this as such. There may be occasions when a denial of access raises child protection concerns, in which case the general principle set out in paragraph 4.14 should apply.

4.10 Although it is recognised that the learning environment can have a bearing on the effectiveness of learning, local authorities should be able to discuss and evaluate the parent/carer’s educational provision by alternative means. Parents/carers might prefer to meet digitally or at a mutually agreed location or, for example, to write a report, provide samples of work, either in hard copy or electronically, or provide evidence in some other appropriate form.

Significant concerns

4.11 Where the authority has concerns about the education provision, which are not allayed by the presentation of written or alternative forms of evidence, and ongoing collaborative dialogue, and the only way the authority can clarify whether suitable and efficient education is being provided is to seek access to the home environment, then they may request to do so. However, the authority must have demonstrable grounds for concern and must outline those grounds to the parent/carer when requesting access to the home. If, in these circumstances, the parent/carer refuses to allow access to the home, the authority might reasonably conclude that they have insufficient information to satisfy themselves as to the efficiency and suitability of education provision, and serve a notice on the parent/carer under section 37(1) of the 1980 Act (see section 2 of this guidance).

Attendance orders

4.12 A parent's/carer's wish to educate a child at home should be respected and, where possible, efforts should be made to resolve issues about educational provision by a process of ongoing dialogue before action is taken under section 37 of the 1980 Act. A notice must be served where:

• the education is clearly not efficient and suited to the age, ability and aptitude of the child, and this situation is unlikely to be resolved by further ongoing dialogue; or
• the local authority has made every effort to secure the information required to enable it to satisfy itself that the education is efficient and suited to the age, ability and aptitude of the child, and that information has not been provided by the parent/carer.

4.13 Under section 37, a notice will allow between 7 and 14 days for the parent/carer to provide the local authority with whatever information they require to satisfy themselves about the suitability of the education. The parent/carer may choose to do this by meeting with the local authority in person, or by supplying the information in writing. The local authority must make an attendance order where the parent/carer, on whom notice has been served, fails to satisfy the local authority that efficient education is being provided, suitable to the age, ability and aptitude of the child, or that there is reasonable excuse for his or her failure to do so.

Child protection concerns by local authority officers

4.14 The welfare and protection of all children, both those who attend school and those who are educated by other means, is of paramount concern and is the responsibility of the whole community. As with children attending school, child protection issues may arise in relation to home educated children. It should not be assumed that child protection issues are more likely to arise for children who are home educated. If any child protection concerns come to light in the course of engagement with children and families, these concerns should immediately be referred to the appropriate authorities using established protocols with reference to the National Guidance for Child Protection in Scotland 2021 – updated in 2023.^[30]