Elective Home Education Policy Statement
1. Introduction
1.1. This policy takes into account legislation and duties set out in The Education Act 1996 relating to elective home education and non-statutory DfE Elective Home Education Guidelines for Local Authorities issued in April 2019.
1.2. The policy sets out parents’ rights to educate their children at home, together with the legal duties and responsibilities of parents, headteachers and Devon County Council.
1.3. Elective home education (EHE) is a term used by the Department for Education (DfE) to describe a choice by parents to provide education for their children at home, or at home and in some other way which they choose, instead of sending them to school.
1.4. Devon County Council believes that all parties involved in elective home education should be clear of their roles, rights and responsibilities and that when parents are deciding to home educate their child, it works well when it is a positive, informed and dedicated choice for parent(s) and child.
1.5. When a child or young person has special educational needs or is vulnerable, including those who have an education, health and care (EHC) plan and/or social worker, Devon County Council will work proactively with parents.
1.6. Our aim is to establish positive and effective relationships with home educators, and to work collaboratively and openly with them to safeguard the educational interests and rights of all children and young people in Devon.
1.7. This policy is to be read in conjunction with Elective Home Education Departmental guidance for local authorities, 2019.
2. Current Position
2.1 Nationally, there has been a year-on-year increase in children and young people (CYP) being registered as home educated. This has been replicated in Devon with the number of CYP registered throughout 2019-20 totalling 1,907 with estimated numbers for 2023-24 in the region of 3,500, an 85% increase. Over the same period, there has been a 94% increase for CYP with an Education Health and Care Plan who have been electively home educated.
2.2 Devon County Council fully recognises that parents have the right to choose to educate their child at home rather than at school, and that parents choose home education for a variety of reasons. However, in 2023-24, only 10% of parents choosing to EHE identified lifestyle/philosophical as their main reason for home education and therefore Devon County Council in this policy recognises that for many parents EHE is not a first choice. We would always encourage parents to discuss their intention to home educate with their current school before putting it into effect as in many cases a positive resolution could be achieved with the current school. This can avoid the disruption to education and daily routine for the whole family that is involved in coming off roll and educating at home. Successfully addressing problems and remaining in school can be an empowering action for a child.
2.3. Devon County Council priorities are to:
- Ensure parents have access to clear, accurate information including their rights and responsibilities so they are able to make an informed decision about home education;
- Support parents where EHE is their preference with access to appropriate information and guidance to support their decision;
- Reduce the number of children for whom home education is not a positive choice;
- Support children back into formal education where this is the preference;
- Take positive and quick action where there are safeguarding concerns or EHE is deemed ineffective, working proactively and closely with other agencies and partners.
3. Devon County Council EHE Roles and Duty
3.1. Devon County Council has a duty to ensure that all children of compulsory school age receive full-time education. If a child is not attending school full-time, Devon County Council has a duty to enquire what education is being provided.
3.2. Should those enquiries find that a child is not receiving a suitable full-time education, then Devon County Council will take further action in accordance with government guidance.
3.3. Devon County Council has a duty under section 175 (1) of the Education Act 2002 to safeguard and promote the welfare of children. This includes electively home educated children. All agencies that encounter electively home educated children are required to consider whether children are being adequately safeguarded within those settings and, where appropriate, to notify other agencies of their concerns. Devon County Council will use their safeguarding powers appropriately, when warranted.
3.4. The role of the Devon’s elective home education team is to provide support and information for parents currently providing or considering starting home education for their child.
3.5. Devon County Council will also monitor and track the number of elective home education cases from individual settings and the reasons for the decision. This information will inform appropriate conversations with school leaders regarding decisions to home educate and provide support and challenge where appropriate. Devon will report findings through the Schools’ Forum and Childrens Scrutiny Committee.
4. Parents’ duties
4.1. Parents are responsible for ensuring their children, of compulsory school age, receive full-time education and parents may lawfully discharge this responsibility by educating their child at home.
4.2. Educational provision must be suited to the age, ability and aptitude of the child and any special educational needs that they may have. It can be delivered in a flexible way and does not need to follow a traditional school format.
4.3. Parents who choose to educate a child in this way rather than sending the child to school take on financial responsibility for the cost of doing so, including the cost of any external assistance used such as tutors, parent groups or part-time alternative provision, as well as examination costs.
4.4. In order to satisfy itself that children are receiving a suitable full-time education, Devon County Council will contact the parents requesting detailed information about the education that they are providing, either through submission of evidence or a meeting. Parents are under no duty to respond to such enquiries, but if a parent does not respond, or responds without providing any information about the child’s education, then Devon County Council may conclude that the child does not appear to be receiving suitable education and will take the necessary appropriate action which could include invoking legal action.
4.5. Parents must comply with notices and orders served by Devon County Council, if it appears that they are not providing a suitable full-time education.
4.6 Parents may decide to send their children to unregistered settings and/or employ a private tutor. Advice is available for parents on the Electively Home Educated Families website in particular there are effective safeguarding processes and provision is operating legally.
5. Schools and Elective Home Education
5.1. Where a school is aware that a parent is considering elective home education, they are encouraged to obtain advice and support from Devon County Council’s elective home education service. Please refer to: https://www.devon.gov.uk/support-schools-settings/safeguarding/elective-home-education/
5.2. Schools must not seek to persuade parents to educate their child at home.
5.3. When a mainstream school receives written notification from a parent that they wish to remove their child from school and home educate, the school must acknowledge (in writing) receipt of notification and delete the child’s name from their admissions register.
5.4. The school must inform Devon County Council immediately of the removal of the child’s name from the admissions register via the elective home education referral. Schools are required to submit the following information no later than 10 working days after receiving confirmation of the intention to home educate to ensure Devon County Council is able to meet safeguarding responsibilities:
- EHE safeguarding pupil form – completed by the school’s Designated Safeguarding Lead (DSL) with input from the school SENDCo where appropriate
- Child’s voice form – completed by the Designated Safeguarding Lead (DSL), speaking to the child alone
- School exit meeting form – completed by the head teacher or other member of staff at the meeting and/or
- A copy of a letter or email from parent confirming withdrawal
Schools should also encourage parents to complete the EHE Voluntary registration form, to assist the EHE team with providing appropriate advice and support to families.
6. Children with an Education, Health and Care Plan (EHCP)
6.1. A parent’s right to request to educate their child at home applies equally where a child has special educational needs and disabilities., however the right to remove a child from roll is not the same for all types of educational settings.
6.2. Where a child’s EHCP names mainstream education, before removing a child from a school roll, we strongly recommend that parents talk to the SEND Statutory Team case officer at Devon County Council or seek advice with Devon Information Advice and Support Service. We would also recommend a review of the EHCP is held before the young person is taken off roll.
6.3 Where a child’s EHCP names specialist education, the SEND Code of Practice makes it clear that the Local Authority needs to be satisfied the arrangements made by parents are suitable. CYP cannot be removed from the roll of a special school without the agreement of the LA where specialist education is named as type on the EHCP. Consent must not be unreasonably withheld.
6.4 Where a learner with an EHCP is EHE, the EHCP will need to be amended to reflect the arrangements for education.
6.5. When a child is removed from a school roll, access to some SEN support services may be limited or no longer universally available. Annual reviews will continue for CYP with an EHCP.
7. Returning to School Based Education
7.1 Where a child is taken off roll at a school, parents should not assume that a place will be available in any particular school were they to decide at a future point that home education is not viable for the family at that time. There are provisions in Devon County Council’s Fair Access policy that a child can return to the school where they were on roll prior to electing to home educate, within 8 school weeks of coming off roll, however, this does not guarantee a place at that school.
7.2 In order to return to school-based education, all parents must make a formal admissions application at: www.devon.gov.uk/admissionsonline
7.3 Parents seeking advice regarding returning to school-based education can seek advice from the school admissions team. A formal application is required to commence the formal admissions process.
7.4 Parents need to be aware there is no guarantee that places will be available at the school a parent would like and the nearest school with a vacancy may be at a significant distance from home and it is possible there will be no right to free transport under the current policy. Parents and schools are reminded that pre-admission meetings are not interviews or a part of a school’s decision-making process
7.5 If a child or young person has an EHCP and wishes to return to a school setting, rather than continue with elective home education, parents should contact the SEND Statutory Team to arrange a review. Following the review, amendments may be made to the EHCP if appropriate, and consultations to the mainstream school and special school (if appropriate) will be completed using the EHCP.
Review
Devon County Council will review this policy biannually subject to changes in National Policy.
Contact details
Elective Home Education Team – educate.educationelectivehomeeducation-mailbox@devon.gov.uk
School Admissions – admissions@devon.gov.uk
Devon Information Advice and Guidance – devonias@devon.gov.uk
Useful links
Elective home education: guidance for local authorities
Elective home education: guidance for parents
Devon County Council Elective Home Education
Elective home education – Support for schools and settings (devon.gov.uk)
Devon County Council Special Education Needs Assessment and Provision
Devon’s SEND Local Offer – help and support for children with SEND