“Home education: registration and monitoring

19A Maintenance of home education register

(1)  A local authority in England shall maintain a register for the purpose of monitoring the provision of education to children of compulsory school age in their area who are not educated at a school or under section 19.

(2) Regulations may make provision about maintenance of the register.

(3) The regulations may, in particular, make provision about amendment of the register.

(4) In this Act—

“home-educated child” means a child all of whose education is provided otherwise than at a school, and not under section 19;

“home education register” means a register maintained under this section.

19B Entry of child’s details on home education register

(1) This section applies where—

(a) a parent of a child in the area of a local authority in England has applied to the authority, in the prescribed manner, for the child’s details to be entered on their home education register,

(b) the child is of compulsory school age, and

(c) it appears to the authority that the child is, or is intended to be while still of compulsory school age, a home-educated child.

(2) Unless the authority consider—

(a) that the child is within subsection (6) or (7), or

(b) that subsection (8) applies to the child’s application,   

they shall enter the prescribed details relating to the child on their home education register.

(3) If the authority consider—

(a) that the child is within subsection (6), or

(b) that subsection (8) applies to the child’s application,

they may enter the prescribed details relating to the child on their home education register.   

But this subsection is subject to subsection (4), and to any provision made by virtue of section 19C(2)(a)).

(4) If the authority consider the child is within subsection (7), they shall not enter the child’s details on their home education register.

(5) The authority shall give the parent notice—

(a) if they enter the child’s details on their home education register, of the registration;

(b) if they decide not to enter the child’s details on the register under subsection (3), of this decision and the reasons for it;

(c) if they consider the child is within subsection (7), of the reasons for this, and of the consequent refusal to enter the child’s details on their home education register.

(6) A child is within this section if—

(a) a parent of the child has previously applied in the prescribed manner for the child’s details to be entered on a home education register (whether maintained by the authority or another authority), and the application (or the most recent such application) did not succeed,

(b) the child’s details have previously been registered on a home education register (whether maintained by the authority or another authority), and the registration (or the most recent such registration) has been revoked under section 19F, or

(c) a school attendance order served under section 437 is in force in respect of the child.

(7)  A child is within this subsection if the authority consider that it would be harmful to the child’s welfare for the child—

(a) to become a home-educated child, or

(b) in the case of a child who is already a home-educated child, to continue to be a home-educated child.

(8) This subsection applies to an application for registration of a child’s details on the authority’s home education register if the authority consider that information that has been provided in connection with the application is incorrect or inadequate in a material respect (whether or not it was so when it was provided).

(9) An application is made in the prescribed manner, for the purposes of this section and section 19C, if it is made in a manner determined by or in accordance with regulations under subsection (1).

(10) For the purposes of this section and sections 19C and 19D, references to entering details on an authority’s home education register, in relation to details that are already on the register, include references to keeping those details on the register.

19C Entry of child’s details on home education register: supplementary provision

(1) Regulations may make provision about steps to be taken by an authority in connection with an application for a child’s details to be entered on their home education register.

(2) The regulations may, in particular, make provision about matters that are or are not to be taken into account by an authority in deciding—

(a) whether to register a child’s details under section 19B(3);

(b) whether a child is within section 19B(7);

(c) whether section 19B(8) applies to a child’s application.

(3) Regulations under section 19B(1)(a) may, in particular, make provision within subsection (4) or (5).

(4) Provision within this subsection is provision—

(a) about how an application for registration of a child’s details is to be made;

(b) requiring an application for registration of a child’s details to include a statement giving prescribed information about the child’s prospective education;

(c) requiring an application to include other prescribed information;

(d) about the form in which a statement mentioned in paragraph

(b), or any other information required to be included in an application, is to be provided;

(e) for an application for registration to include an undertaking to provide a statement mentioned in paragraph (b), or other prescribed information, to the authority within a period determined by or in accordance with the regulations.

(5) Provision within this subsection is provision permitting an authority to specify a period, prescribed by or determined in accordance with te regulations, within which an application to enter on their home education register the details of a child to whom subsection (6) applies may not be made unless the authority are satisfied that there has been a change of circumstances that justifies an application being made within that period.

(6) This subsection applies to a child if—

(a) a parent of the child has previously made an application in the prescribed manner for the child’s details to be entered on a home education register maintained by a local authority, and the application (or the most recent such application) did not succeed, or

(b) the child’s details have previously been registered on a home education register maintained by a local authority, and the registration (or the most recent such registration) has been revoked under section 19F.

19D Duration of registration

(1) Subsection (2) applies if a parent of a child has made an application to a local authority in England, in the prescribed manner, for the child’s details to be entered on their home education register.

(2) The child is to be treated for the purposes of this Act as being registered on the register throughout the registration period; and references in this Act to a child being registered on an authority’s home education register are to be interpreted accordingly.

(3) The registration period begins with the date on which the application for entry of the child’s details on the register is received by the authority.

(4) Subject to subsection (5), the registration period ends—

(a) where the authority give notice to the child’s parent under section 19B(5)(a), with the expiry of the period of 12 months starting with the date of the notice;

(b) where the authority give notice to the child’s parent under section 19B(5)(b) or (c), with the date of the notice.

(5) If before the end of the period mentioned in subsection (4)(a)—

(a) the authority give notice to the child’s parent under section 19F(3), or

(b) the child ceases to be of compulsory school age, the registration period ends with the date of the notice or (as the case may be) with the date on which the child ceases to be of compulsory school age.

19E Monitoring provision of home education to registered children

(1) A local authority in England shall make arrangements with a view to ascertaining, so far as is reasonably practicable—

(a) whether the education provided to a child whose details are entered on their home education register is suitable;

(b) whether it accords with information provided to them for the purposes of the application for registration;

(c) what the child’s wishes and feelings about it are;

(d) whether it would be harmful for the child’s welfare for the child to continue to be a home-educated child.

(2) For the purposes of this section a child’s education is suitable if it is efficient full-time education suitable to—

(a) the child’s age, ability and aptitude, and

(b) any special educational needs the child may have.

(3) Arrangements made by an authority under this section shall include arrangements made with a view to their—

(a) holding at least one meeting with the child during the registration period;

(b) holding at least one meeting with a parent of the child during the registration period;

(c) if they consider that a person other than a parent of the child is primarily responsible for providing education to the child, holding at least one meeting with that person during the registration period;

(d) visiting, at least once in the registration period, the place (or at least one of the places) where education is provided to the child.

But in a case where the registration period begins less than six months before the date on which the child ceases to be of compulsory school age, this subsection shall be read as conferring a power rather than imposing a duty.

(4) Arrangements made under subsection (3) may, unless the child or a parent of the child objects, provide for a meeting with the child at which no parent of the child or other person providing education to the child is present.

(5) In making arrangements under this section—

(a) to meet with the child or any other person, or

(b) to visit a place where education is provided to the child, the authority shall give at least two weeks written notice of the meeting or visit.

(6) In this section “registration period” has the same meaning as in section 19D.

19F Revocation of registration

(1) A local authority in England may revoke the registration of a child’s details on their home education register if it appears to them that—

(a) the child’s parent has failed to fulfil an undertaking given by virtue of section 19C(4)(e),

(b) information that has been provided in connection with the application for the child’s details to be entered on the register is incorrect or inadequate in a material respect (whether or not it was so when it was provided),

(c) the child is not a home-educated child,

(d) it would be harmful to the child’s welfare for the child to continue to be a home-educated child,

(e) by reason of a failure to co-operate with the authority in arrangements made by them under section 19E, or an objection to a meeting as mentioned in section 19E(4), the authority have not had an adequate opportunity to ascertain the matters referred to in section 19E(1),

(f) the child is not receiving suitable education, or

(g) the child is no longer in their area.

(2) For the purposes of subsection (1)(f) a child’s education is suitable if it is efficient full-time education suitable to—

(a) the child’s age, ability and aptitude, and

(b) any special educational needs the child may have.

(3) If an authority revoke registration of a child’s details on their home education register under this section, they must give the child’s parent notice of the revocation and of the reasons for it.

(4)  In determining whether the condition in subsection (1)(d) or (f) is satisfied, an authority shall, so far as is reasonably practicable and consistent with the child’s welfare, give due consideration (having regard to the child’s age and understanding) to any wishes and feelings of the child ascertained by them.

(5) Regulations may make provision about steps to be taken by an authority in connection with revocation, or proposed revocation, of registration of a child’s details on their home education register.

(6) The regulations may, in particular, make provision about matters that are or are not to be taken into account by an authority—

(a) in determining whether any of the conditions in subsection (1)(b) to (f) is met;

(b) in determining whether to revoke registration of a child’s details under this section.

19G Appeal against authority’s decision

(1) Regulations made under this section shall—

(a) confer a right of appeal on a parent to whom a local authority in England have given notice under section 19B(5)(b) or (c) or 19F(3), and

(b) make provision in respect of appeals brought in exercise of that right.

(2) The regulations may, in particular make provision—

(a) about the period within which a right of appeal may be exercised;

(b) for the extension of the registration period provided for in section 19D in a case where a right of appeal has been exercised;

(c) about the person or body to whom an appeal lies and the powers of that person or body;

(d) for the payment of an allowance or the making of other payments to t hat person or to members of that body;

(e) about the matters to which regard is to be had in considering an appeal;

(f) as to the procedure on appeals.

19H Supply of information for purposes of home education functions

(1) Regulations may make provision for a person within subsection (2) to be required to supply to a local authority in England, for the purposes of the exercise of their home education functions, prescribed information about a child of compulsory school age—

(a) whose name has been deleted from the register maintained by the proprietor of a school in England under section 434 because the child is, or is to be, a home-educated child,

(b) in respect of whom an application has been made for registration on the authority’s home education register,

(c) registration of whose details on the home education register of another local authority has been refused or revoked, or

(d) in respect of whom a notice, or a school attendance order, has been served by a local authority in England under section 437.

(2) The persons within this subsection are—

(a) a local authority in England, and

(b) in relation to a child within paragraph (a) of subsection (1), the proprietor referred to in that paragraph.

(3) An authority’s “home education functions”, in subsection (1), means their functions under or by virtue of sections 19A to 19G.

19I Home education register: statutory guidance

In exercising their functions under or by virtue of sections 19A to 19H, a local authority in England shall have regard to any guidance given from time to time by the Secretary of State.”

Other amendments:

2  In section 580 of EA 1996 (index), at the appropriate place there is inserted—

“home-educated child - section 19A(4)

home education register - section 19A(4)”.

Duty to make arrangements to identify unregistered children, etc

3  In Chapter 2 of Part 6 of EA 1996 (school attendance), before section 436A there is inserted—

“436ZA  Duty to make arrangements to identify children not receiving education, etc: England

(1) A local authority in England must make arrangements to enable them to establish (so far as it is possible to do so) the identities of children in their area who are—

(a) of compulsory school age, and

(b) within subsection (2) or (3).

(2) A child within this subsection is one who is not a home-educated child, but—

(a) is not a registered pupil at a school, and

(b) is not receiving suitable education otherwise than at a school.

(3) A child within this subsection is one who—

(a) is a home-educated child, but

(b) is not registered on the authority’s home education register.

(4) In exercising their functions under this section, a local authority must have regard to any guidance given from time to time by the Secretary of State.

(5) In this Chapter, “suitable education”, in relation to a child, means efficient full-time education suitable to—

(a) the child’s age, ability and aptitude, and

(b) any special educational needs the child may have.”

4  In section 436A of EA 1996 (the title of which becomes “Duty to make arrangements to identify children not receiving education: Wales”), in subsection (1) after “authority” there is inserted “in Wales”.

School attendance orders

5
(1) Section 437 of EA 1996 (school attendance orders) is amended as follows.

(2) Before subsection (1) there is inserted—

“(A1) Subsection (B1) applies if—

(a) it appears to a local authority in England that a child of compulsory school age in their area is not receiving suitable education, and

(b) the child does not appear to the authority to be a home-educated child.

(B1) The authority shall serve a notice in writing on the child’s parent requiring the parent to satisfy them within the period specified in the notice that the child is either—

(a) receiving suitable education provided wholly or partly by regular attendance at school, or otherwise than at school under section 19,

(b) registered on their home education register, or

(c) in the area of another authority and registered on that authority’s home education register.”

(3)  In subsection (1), after “authority” there is inserted “in Wales”.

(4)  In subsection (2), for “That period” there is substituted “The period specified

in a notice under this section”.

(5)  In subsection (3)—

(a) in paragraph (a)—

(i)  after “subsection” there is inserted “(B1) or”;

(ii)  after “authority” there is inserted “as specified in the notice”;

(iii) the words “that the child is receiving suitable education, and” are omitted;

(b) at the end of paragraph (b) there is inserted “and (c) in the case of a notice served under subsection (B1), the child does not appear to the authority to be a home- educated child,”;

(c) for the words from “on the parent” to the end there is substituted “a school attendance order on the parent”.

(6) After subsection (3) there is inserted—

“(3A) If it appears to a local authority in England—

(a) that a child of compulsory school age in their area is a home-educated child, but is not registered on their home education register, and

(b) that it is expedient that the child should attend school, the authority shall serve a school attendance order on the child’s parent.

(3B) In determining for the purposes of subsection (3A)(b) whether it is expedient that a child should attend school, an authority shall disregard any education being provided to the child as a home- educated child.”

(7) After subsection (8) there is inserted—

“(9) In this Act “school attendance order” means an order, in such form as may be prescribed, served on a child’s parent under this section and requiring the parent to cause the child to become a registered pupil at a school named in the order.”

6  In section 438 of EA 1996 (choice of school), after “section 437(3)” there is inserted “or (3A)”.

7  In section 441 of EA 1996 (choice of school: child with statement of special educational needs), after “section 437(3)” there is inserted “or (3A)”.

8  
(1) Section 442 of EA 1996 (revocation of order at request of parent) is amended as follows.

(2) Before subsection (1) there is inserted—

“(A1) Subsections (B1) to (D1) apply where a school attendance order served by a local authority in England is in force in respect of a child.

(B1) If the child is registered on the authority’s home education register, the authority shall revoke the order.

(C1) If the authority are satisfied that the child—

(a) is in the area of another authority, and

(b) is registered on that authority’s home education register, they shall revoke the order.

(D1) If at any time the parent applies to the authority requesting that the order be revoked on the ground that arrangements have been made for the child to receive suitable education, otherwise than at a school, under section 19, the authority shall comply with the request, unless they are of the opinion that no satisfactory arrangements to this effect have been made.”

(3) In subsection (1), for the words from “This section” to “order” there is substituted “Subsection (2) applies where a school attendance order served by a local authority in Wales”.

(4) In subsection (3), after “subsection” there is inserted “(D1) or”.

(5) In subsection (5)(a), after “subsections” there is inserted “(B1) to (D1) and”.

9 
(1) Section 443 of EA 1996 (offence: failure to comply with order) is amended as follows.

(2) Before subsection (1) there is inserted—

“(A1) A parent on whom a school attendance order is served in respect of a child by a local authority in England, and who fails to comply with the requirements of the order, is guilty of an offence unless—

(a)  the parent proves that he is causing the child to receive suitable education, otherwise than at school, under section 19,

(b) the child is registered on the authority’s home education register, or

(c) the parent proves that the child is in the area of another authority, and the child is registered on that authority’s home education register.”

(3)  In subsection (1), after “served” there is inserted “by a local authority in Wales”.

10   In section 580 of EA 1996 (index), in the entry for “school attendance order”, for “section 437(3)” there is substituted “section 437(9)”.