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Is the LEA entitled to ask for this?

3 replies

Peabody · 17/12/2009 10:04

Background: we are intending to home ed our kids. Because they aren't even school age yet we believe we would be under the radar with the LEA and they probably wouldn't know about us.

We have been following the Badman report and Select Committee response with great interest. My husband and I were discussing whether or not we would wish to voluntarily register, and we concluded that it would depend on the attitude of the LEA - whether they were likely to be helpful or invasive. So I did some research on what the LEA wants from home educated parents. This is copied from their website:

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E: ASSESSMENT BY THE EDUCATION OFFICER
Questions regarding the approach to education will be asked under the general headings of philosophy/approach, resources, curriculum, how progress is monitored, and social contact.
Evidence of the following will help to give us a fuller picture of what and how your child is learning:
Written information: aims, a learning plan (subjects/topics), records of progress, workbooks.
Note: You do not have to follow any specific curriculum, but you do need to show evidence of your child is learning and making progress.

F: WHAT HAPPENS AFTER THE VISIT FROM AN OFFICER?
The Education Officer will report in writing, and a copy will be sent to you with a covering letter saying whether the education being provided meets the requirements of the 1996 Education Act.
Any concerns about the education you are providing will be shared with you, and it will be clear in the report which concerns are those which affect your right to educate at home.
The Officer would normally seek to make annual assessments, unless there continues to be concern about the standard of education being provided. In this case, visits will be made more frequently at 3 or 6 month intervals.
Please be assured that the main concerns of the Officer are your child=s welfare and academic progress. However, CYPS will consider formal action if it is evident that education is not taking place, or if there is serious concern for your child=s welfare.
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Are they in any way entitled to ask for all this? I don't mind an informal chat about how the kids are doing. I don't mind providing a statement of educational intent. But I am very unhappy about having to provide learning plans, records of progress, etc. In fact, I'm very unhappy about all of it!

My understanding is that I am under no legal obligation whatsoever to provide any of this. Is this true?

I appreciate I am worrying about this rather early, but we are trying to go into home education with our eyes open and strategies in place to deal with potential problems. I would be very grateful for any advice or comments from experienced home edders.

Thanks in advance.

OP posts:
ommmward · 17/12/2009 10:20

completely ultra vires (beyond the law). very common. many LAs have literature which makes ultra vires demands. For what they ARE currently allowed to ask for, by law, see the 2007 guidelines: here

The way most of us play it nowadays is that we wait for them to write to us, demanding the moon, and then we write back saying "here is a philosophy of education [I mean 1 side of A4 or less]; we will be delighted to assist you with your other requests when you tell us what legal power they are based on". At which point, oddly enough, they generally go quiet.

And the politicians wonder why so many of us have no desire whatever to "engage" with LA EHE personnel...

Peabody · 17/12/2009 10:27

Thank you so much, this is very reassuring. I will follow your advice.

It is sad, as you say, that here we were willing to play ball and voluntarily register. Now of course we shall not do so.

OP posts:
julienoshoes · 17/12/2009 11:48

That is exactly what we have been telling them (LAs/DCSF/Graham Badman/MPs)Peabody.
Families who were happy to engage with their LAs, often have changed their mind now.

I don't think they believe us.............yet.

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