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• 01 Nov 2024

• Yes

  Complex

  Generally, yes. Section 7 EA 1996 places a duty on parents to ensure their child receives a full-time education that is:  

  1. Suitable to the child’s age, ability and aptitude.
  2. Suitable to any ALN the child may have

   

  This can be provided either by sending the child to school (either that offered by the state, or by paying privately), EOTIS (such as home tuition, vocational/therapeutic placements) or elective home education (EHE). 

  Where a child is registered at a school, it is advisable for parents to give written notice that they will be making their own arrangements to provide their child with a suitable education, to avoid any risk of prosecution for non-attendance. The Welsh Government has published a model letter: Home education: handbook for home educators, Annex A.

  Where the child is registered at a special school, the LA must also give consent to take the learner off the school roll: reg 8(2), Education (Pupil Registration) (Wales) Regulations 2010. If the LA refuses an application can be made for a direction from Welsh Ministers.

  Where parents choose to provide education themselves, they need to make sure this education is suitable: s 7 EA 1996. The LA is under a duty to monitor that suitable education is being provided: s 436A EA 1996 & R (Goodread) v Portsmouth City Council [2021] EWHC 3057 (16 November 2021). In order to fulfil these obligations and LA will usually be required to see and communicate with the CYP: para 4.2 EHE Guidance:

  “In order for a local authority to satisfy itself of the suitability of education provided by the parents, the local authority should see and communicate with the child. It is for the local authority to decide in each individual set of circumstances whether it needs to meet with the child. In some instances, it may be possible that the local authority can satisfy itself of the suitability of the education on the material provided by the parent/guardian, at the request of the local authority. In the absence of seeing and communicating with the child, it will be questionable whether the local authority can reasonably assess suitability of education and to know if evidence of the suitability of the education provided by the parent relates to that child. For example, whether the evidence provided can reasonably be said to have been produced by that child or be about that child. Seeing and communicating with the child may provide an opportunity for the local authority to better understand how the child learns and what areas of learning they are interested in. Parents and Gillick competent children are not, however, obliged to meet with the local authority and are free to decline a meeting if they so wish.”

  If it appears to the LA that a child of compulsory school age is not receiving a suitable education, it can ask a parent to provide evidence of the education being provided and take action including ordering that the parents send the child to school if suitable evidence is not provided: s.437 EA 1996. 

  More: Chapter 09: Education Otherwise than in School
  02.11 Are the parents of a child with an IDP legally obliged to send their child to the educational placement specified in that IDP?

  

  Nodi No-nonsense Guide Wales
  Authors: Civitas Law education team

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