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Home ed

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'Formal Proceedings'

11 replies

Fing086 · 06/07/2023 12:05

I have educated my 5 children, two of whom are now grown up and working for the last 7 to 8 years. Today I receive an email from the council instructing me to supply evidence or reports of my children's education. I have declined their request and now they are threatening me with 'formal proceedings'.
Has anyone else had any dealings with the council like this. I wouldn't mind but the home ed council rep was once a teacher who taught three of my children in infant school and she is aware that I do actually educate my children rather than not doing so. I also find it strange that for the last 7 years they have not bothered me, only to send me emails about activities or groups in the area!

OP posts:
MaybeBabyTwo · 06/07/2023 12:21

...so send in the evidence?

Sycasmores · 06/07/2023 13:41

Why did you decline? They should have checked by now, that true. But it doesn't mean you get to decline...

TurtleRecall · 06/07/2023 13:44

It’s my understanding that you don’t have to provide evidence - has that changed?

Hereforsummer · 06/07/2023 13:49

I wonder if you are being contacted now because post Covid there have been a lot of children who have disappeared from the education system, so maybe they are keener to check on home educated DC at the moment. It sounds like there is no reason for them to be concerned about your DC but surely it is a good thing they are checking as some DC will not be getting an education.

FuckYouEzekiel · 06/07/2023 13:55

I think they contact you yearly now. I'm pretty sure you have a legal obligation reply. They also do home visits but most decline this as they prefer a paper trail.

Rooly · 06/07/2023 15:05

Just send in reports for your children who are currently home educated. The local authority do need to ensure they are receiving an education and can make enquiries to check this. If you just refuse you will likely find yourself with an SAO and court proceedings to revoke this

Saracen · 06/07/2023 16:02

You're correct that the LA only has a legal duty to intervene if it appears to them that your children are not receiving a suitable education. That duty is reactive rather than proactive, so there isn't any legal basis for them to go round checking up on every home educated child in their area.

However, the political landscape has changed in recent years. Government is keen to introduce laws restricting home education. The Department for Education is actively egging LAs on to do routine inspections. Their guidance to LAs is non-statutory, but LAs do tend to follow it. That guidance advises them to make contact annually to request information about children's education, but also recommends that once the LA has established that the family has a good track record, there's no need to demand much detail.

So you are right: you have no obligation to respond to these enquiries. You can dig your heels in and wait to see whether the LA will follow through with their implied threat to issue you with a School Attendance Order and then prosecute you for noncompliance. If they do, you will need to present a defence to the court, which would take the form of evidence that your children ARE receiving a suitable education. If you get good legal advice and ensure that evidence is good, in all probability you would win.

But there is a small chance that you would get a quirky judge who might rule against you, so there is that risk. Also, legal proceedings are a hassle you might want to avoid. The pragmatic approach currently being recommended by the main home ed charities is to write an annual report outlining your children's education, but refuse to accept home visits, supply any "schoolwork", or give future plans. A good report should stop the LA.

In all honesty I don't know what I'd do if I were in your shoes. I am very opposed to allowing bureaucrats to engage in mission creep and try to push people around outside of their legal remit. Fifteen years ago, when my LA tried to demand annual home visits for my older child, I did quote the law to them and told them I would only engage with them if they demonstrated good reason to believe my child's education was unsuitable, and they backed down. But things have changed. What's more, my younger child is vulnerable and would suffer if forced to attend school, so I don't know that I would have risked it. Maybe I would have sent in a report. The LA never did become aware of her existence, and she's now 17, so I didn't have that decision to make.

Good luck with your decision.

Saracen · 06/07/2023 16:11

There's probably no significance to the fact that the LA took no interest in your family previously, and they are now asking for information. LA approaches to home education are notoriously led by the whims of whoever is in post, and home ed is something of a "pass the parcel" job done by staff with no specialist training. You get a new person in post and they want to shake things up. Maybe they personally disagree with home education and want to get as many kids into school as possible; some LAs openly state as much! There's also the question of resources. In my area we had a long quiet spell because the home ed team's funding had been cut and they could not afford to check up on us to the extent that they wanted.

It's pot luck.

Fing086 · 06/07/2023 16:13

@Saracen I agree fully with what you say and i'm happy for them to try and take me to court. Yes I could send evidence and a report as those above have said 'Why dont I just do this'. The principal of the matter is I am under no legal obligation to do so, so why should I? I am too busy educating my children to be bothered with some jobsworth at the council who thinks they know best. As stated she knows my family and also knows that I educate the to the very best of my ability so i'm also assuming that her hierarchy are pushing her for some results. Ive contacted them today with a 'final response' telling them to stop this undue interference and allow me to get on with what I do....

Ill await their response.

OP posts:
Mumtothreegirlies · 06/07/2023 16:18

It’s my understanding that regular education is considered to be anything from learning all day to cook, garden, paint etc and you don’t actually have to follow any set curriculum. So it seems a bit much that they would ask for reports. I don’t think they have a leg to stand on as far as the laws concerned.

JeandeServiette · 06/07/2023 16:18

Fing086 · 06/07/2023 16:13

@Saracen I agree fully with what you say and i'm happy for them to try and take me to court. Yes I could send evidence and a report as those above have said 'Why dont I just do this'. The principal of the matter is I am under no legal obligation to do so, so why should I? I am too busy educating my children to be bothered with some jobsworth at the council who thinks they know best. As stated she knows my family and also knows that I educate the to the very best of my ability so i'm also assuming that her hierarchy are pushing her for some results. Ive contacted them today with a 'final response' telling them to stop this undue interference and allow me to get on with what I do....

Ill await their response.

Pragmatically, though, defending a legal action could take far more time away from educating.

I used to do my own report - just a brief summary per child - and ignore the demand for "evidence".

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