Thread Of Shame - local authorities who either don't know the law or 'creatively re-interpret' it

[QueenOfFlamingEverything]

So today I have been told that Waltham Forest will refer a HE child to Social Services if they haven't been seen by their GP recently.

And yesterday I found out that Devon council tell parents they must 'apply' to educate their children at home.

on both counts.

[robberbutton]

LOL! You beat me Will add my post below

[robberbutton]

Have just found a couple of things on the internet that have caused me to have grave concerns about my local council's attitude to HE.

On their own education website they state the following, if you don't register as being an HE family (even if your child has never been to school)...

"What if I don't send a note but just keep my child out of school?

Under the Education Act 1996, LBWF must be satisfied that parents are fulfilling their duty to provide a suitable education. If a parent does not provide any information about the home education programme then this will count as a refusal to present reasonable evidence. would then need to consider whether steps should be taken to get the child into a school / back into school. This could involve legal steps and the need to serve a school supervision order."

Also, reading through a freedom of information request about EHE children in Waltham Forest, the coucil basically said that if registered parents refuse to meet, and just send in a plan), they will phone the family's GP to see if they have seen the children recently, and if not, contact Social Services.

OMG. Can they actually do this, and what do I need to know to arm myself against these unlawful intrusions?

[waves at QueenofFlamingEverything - sorry you've just read all this!]

[Bubble99]

This is interesting

[LauraIngallsWilder]

Arghhhhh now I see what you meant about the thread of shame - sorry Robber

As you were

Surely that doesnt fit with the law as it currently stands

Awful - I have no idea (yet) what my LEA are like................

[julienoshoes]

It's not the law as it stands
Many LAs do recognise the law when you point it out to them and stand up for your rights in law.


are you known to your LA?

[robberbutton]

We're not known to them yet, DS is only 4 so I think doesn't have to legally be in school or receiving any kind of education yet - am I right in thinking that is 5?

Although, I did tell the Health Visitor who came to visit us when DD2 was born that we were going to home educate (furious scribbles in her book - d'oh!).

[julienoshoes]

yes at the moment it is the term after their fifth birthday

don't worry too much
the policy on our local council website is also ultra vires (beyond the law) but the reality is the home ed advisor does know the law and sticks to it.

[robberbutton]

Thanks for the reassurance. With everything that's going on at the moment with the Children's Bill it's easy to feel a bit hysterical!

I'm finding it a bit hard coming to terms with the fact that what we are choosing to do gets so many people's hackles up - family, acquaintances, professionals... other people are definitely the hardest part of HE at the moment!

[Vallhala]

Durham CC told me that I had to apply to their board to obtain permission to HE. They kept repeating it and I kept stating that they were acting above the law. This came after they'd told me that they "would" be visiting me and DD at home and that they "expected" to see recent examples of her work, first ignoring then rejecting my decision to send in an ed phil. Eventually I challenged the Director of Education who back-pedalled very rapidly and accused me of misinterpreting letters sent by his staff.

I recall asking him how I could possibly otherwise interpret the letter in which they begrudgingly allowed me to remit an ed phil with the words, "....where our Home Education Panel will consider your application to teach your child at home".

For various reasons and fairly soon after this I moved out of the county and into an area where I thought I could find a suitable school for my DC. Had I not I'm pretty sure I'd still be having the same sort of arguments with Durham LA.

What with the Badman recommendations and the idea of CRB checking HE parents I'm very glad I did as this sort of thing gets my back up. I feel incredible sympathy with those who want no more than to give their DC a decent home education, particularly those who, like me, have been let down by their LA's state provision.

I admire you all your selflessness and determination and wish you the very best of luck, because I know you need that with LAs and sadly it seems worse is to come.