Raedan Institute
Version: 1.0
Date: September 1st, 2025
Review Date: September 1st, 2026
Owner: Educational Consultancy Lead
Approved by: Board of Trustees
Table of Contents
Introduction and Purpose
Legal Foundation of Home Education in England and Wales
Parental Rights and Responsibilities
Local Authority Powers and Limitations
Registration and Deregistration from School
What Constitutes “Suitable Education”
Special Educational Needs and Home Education
Safeguarding Considerations
Monitoring and Inspection
Elective Home Education vs. Alternative Provision
Examination Access and Qualifications
Support and Resources
International Perspectives
Recent Legal Developments and Proposed Changes
Case Law and Precedents
Practical Guidance for Families
Raedan Institute’s Position and Support
References
1. Introduction and Purpose
1.1 Context
Home education, also known as home schooling or elective home education (EHE), represents a legitimate and lawful educational choice exercised by increasing numbers of families in England and Wales.
The Department for Education estimates that approximately 86,000 children were known to be home educated in England as of October 2023, representing a 40% increase from 2020 (Department for Education, 2024a).
However, this figure likely underestimates the true number, as registration is not mandatory for children who have never attended school.
This growth reflects diverse motivations: some families embrace home education as a positive philosophical choice aligned with their values and educational beliefs; others turn to it following negative experiences in mainstream schooling, including bullying, unmet special educational needs, mental health challenges, or inadequate provision; still others utilise home education temporarily during periods of school refusal, illness, or transition (Rothermel, 2002; Arora, 2006; Maxwell and Aggleton, 2014).
1.2 Purpose of This Document
This document provides comprehensive guidance on the legal framework governing home education and alternative provision in England and Wales.
It aims to:
Clarify the statutory rights and responsibilities of parents choosing home education
Define the lawful powers and limitations of local authorities
Explain what constitutes “suitable education” under law
Address special educational needs considerations
Provide practical guidance for families navigating legal requirements
Articulate Raedan Institute’s position and support services
Serve as authoritative reference for staff, families, and stakeholders
1.3 Scope and Limitations
This document focuses primarily on the legal framework in England and Wales.
Scotland and Northern Ireland operate under different legislation and are not covered in detail.
While we reference relevant case law and statutory guidance, this document does not constitute legal advice.
Families facing specific legal challenges should consult qualified solicitors specialising in education law.
1.4 Terminology
Throughout this document, we use several terms interchangeably:
Elective Home Education (EHE): The Department for Education’s preferred term
Home schooling: Common American term, increasingly used in UK
Home education: General descriptive term
Education Otherwise: Historic term from the Education Act 1996 phrase “otherwise than at school”
All refer to parents taking primary responsibility for their children’s education outside the school system.
2. Legal Foundation of Home Education in England and Wales
2.1 Primary Legislation
The fundamental legal basis for home education derives from Section 7 of the Education Act 1996.
“The parent of every child of compulsory school age shall cause him to receive efficient full-time education suitable—
(a) to his age, ability, and aptitude, and
(b) to any special educational needs he may have,
either by regular attendance at school or otherwise.”
This foundational provision establishes several critical principles.
Parental Duty, Not State Duty: The legal obligation to ensure education rests with parents, not the state.
Flexibility of Method: The phrase “or otherwise” explicitly permits education outside the school system.
Quality Standards: Education must be efficient, full-time, and suitable to the child.
2.2 Compulsory School Age
Section 8 of the Education Act 1996 defines compulsory school age.
In practice, compulsory school age begins the term after a child’s fifth birthday and continues until the last Friday in June of the academic year in which they turn 16.
There is no legal obligation to provide education before compulsory school age begins.
2.3 European Convention on Human Rights
The Human Rights Act 1998 incorporates the European Convention on Human Rights into UK law.
Article 2, Protocol 1 protects the right of parents to ensure education in conformity with religious and philosophical convictions.
This right is qualified and balanced against the child’s right to education and the state’s role in maintaining standards.
2.4 UN Convention on the Rights of the Child
The UK ratified the UNCRC in 1991.
Article 28 recognises the child’s right to education.
Article 29 defines the aims of education.
While not directly enforceable, the UNCRC informs domestic interpretation and policy.
2.5 Children Act 1989 and 2004
The Children Acts establish the paramountcy of children’s welfare.
Local authorities have safeguarding duties independent of educational setting.
Home education alone does not trigger safeguarding powers.
2.6 Equality Act 2010
The Equality Act 2010 prohibits discrimination on protected characteristics.
This applies to home-educated children accessing services.
Families choosing home education for religious or philosophical reasons are protected under law.
Medlin, R. G. (2013). Homeschooling and the question of socialization revisited. Peabody Journal of Education, 88(3), 284-297.
Monk, D. (2004). Problematising home education: Challenging ‘parental rights’ and ‘socialisation’. Legal Studies, 24(4), 568-598.
Monk, D. (2009). Regulating home education: Negotiating standards, anomalies, and rights. Child and Family Law Quarterly, 21(2), 155-184.
Parsons, S. & Lewis, A. (2010). The home-education of children with special needs or disabilities in the UK: Views of parents from an online survey. International Journal of Inclusive Education, 14(1), 67-86.
Phillips, M. & Pound, R. (2003). Home education: The legal position. Education and the Law, 15(2), 75-83.
Ray, B. D. (2013). Homeschooling associated with beneficial learner and societal outcomes, but educators do not promote it. Peabody Journal of Education, 88(3), 324-341.
Rothermel, P. J. (2002). Home-Education: Rationales, Practices and Outcomes. Unpublished PhD thesis, Durham University.
Rudner, L. M. (1999). Scholastic achievement and demographic characteristics of home school students in 1998. Education Policy Analysis Archives, 7(8), 1-33.
Shyers, L. E. (1992). A Comparison of Social Adjustment Between Home and Traditionally Schooled Students. Unpublished PhD dissertation, University of Florida.
Smedley, T. C. (1992). Socialization of Home-Schooled Children. Unpublished Master’s thesis, Radford University.
Spiegler, T. (2010). Parents’ motives for home education: The influence of methodological design and social context. International Electronic Journal of Elementary Education, 3(1), 57-70.
Spitzer, J. (2019). The legal framework for home education in England: Where do we stand? Education Law Journal, 20(4), 331-348.
Thomson, P. & Pennacchia, J. (2016). What’s the Alternative? Effective Support for Young People Disengaging from Mainstream Education. London: The Prince’s Trust.
International Instruments
United Nations (1989). Convention on the Rights of the Child. Treaty Series, vol. 1577, p.3. New York: United Nations.
Organisation Resources
Association of Directors of Children’s Services [ADCS] (2016). Position Statement on Home Education. Manchester: ADCS.
Education Otherwise (2019). Response to DfE Elective Home Education Guidance 2019. Available at: www.educationotherwise.org
Education Otherwise (2024). Briefing: Government Proposals on Home Education Registration. Available at: www.educationotherwise.org
UCAS (2024). Entry Requirements and Tariff. Cheltenham: UCAS.
Conclusion
Home education in England and Wales operates within a well-established legal framework balancing parental rights, children’s welfare, and state interests in education. The Education Act 1996, Section 7, provides clear statutory authority for parents to educate children “otherwise than at school,” subject to the requirement that education be “efficient, full-time, and suitable” to the child’s individual characteristics.
While local authorities have powers to make informal enquiries about educational provision, these powers are limited and must respect parental autonomy, privacy, and diverse educational philosophies. The absence of mandatory registration, routine inspection, or prescribed curricula reflects legislative respect for parental judgment and educational pluralism.
Home education serves diverse families and children—some thriving through positive choice of alternative pedagogy; others finding refuge from inadequate, harmful, or inappropriate school provision. Research evidence consistently demonstrates that home-educated children achieve strong academic and social outcomes across varied educational approaches, suggesting that parental commitment, appropriate support, and individualization matter more than conformity to standardized models.
Contemporary debates about registration, monitoring, and safeguarding reflect ongoing tensions between state oversight and family autonomy. Raedan Institute advocates evidence-based policy respecting both parental rights and children’s welfare, opposing disproportionate regulation while supporting genuine safeguarding and adequate local authority support services.
For families choosing home education, understanding legal rights and responsibilities, building constructive relationships with authorities, and accessing quality support and resources enable successful, enriching educational journeys preparing children for fulfilling adult lives.
Raedan Institute stands ready to support home-educating families through comprehensive services, expert guidance, and principled advocacy, affirming that diverse educational pathways strengthen society and honour human dignity.
Escalate if necessary:
Formal complaint to local authority
Contact elected local councillors
Seek advice from home education support organizations
Legal advice if harassment or unlawful pressure continues
Stand firm on rights: Parents should not feel pressured into consenting to intrusive monitoring they find uncomfortable. Exercising legal rights is not obstructive or uncooperative (Spitzer, 2019).
10. Elective Home Education vs. Alternative Provision
10.1 Definitional Distinction
Elective Home Education (EHE): Parents voluntarily choose to provide education themselves, exercising their Section 7 duty “otherwise than at school” (Education Act 1996, s.7).
Alternative Provision (AP): Education arranged by local authorities for pupils who cannot attend mainstream school due to exclusion, illness, school refusal, or other reasons (Education Act 1996, s.19).
Key difference: EHE is parental choice and responsibility; AP is local authority provision fulfilling their duty when mainstream education breaks down (Thomson and Pennacchia, 2016).
10.2 Section 19 Duty (Alternative Provision)
Statutory duty: Local authorities must arrange suitable education for children of compulsory school age who, by reason of illness, exclusion, or otherwise, may not receive suitable education unless such arrangements are made (Education Act 1996, s.19(1)).
“Otherwise”: This provision covers various circumstances including:
Permanent exclusion from school
Fixed-term exclusion (beyond 15 days)
Managed moves
Medical needs preventing school attendance
Severe school refusal or anxiety
Pregnant students or young mothers
Children awaiting school places
Local authority responsibility: The local authority must ensure suitable full-time education, typically through Pupil Referral Units (PRUs), alternative provision academies, or commissioned services (Department for Education, 2013).
10.3 Off-Rolling and Illegal Practices
Off-rolling: The practice of schools removing pupils from rolls to improve performance data without proper procedures or parental consent (Ofsted, 2019).
Illegal when:
School pressures parents to “choose” home education to avoid exclusion being recorded
School removes pupil citing home education without genuine parental request
School initiates “managed move” without proper alternative provision
Parents feel coerced rather than freely choosing
Ofsted position: Off-rolling is unacceptable and potentially fraudulent. Schools must not pressure parents to home educate to avoid accountability for exclusions or poor performance (Ofsted, 2019).
Indicators of off-rolling:
School suggests home education before or instead of exclusion
School offers inducements (removing sanctions, avoiding permanent record)
School downplays parental capacity to educate
Sudden “agreement” to home educate after disciplinary issues
Parental rights: Parents who feel pressured should:
Refuse requests to deregister if they do not genuinely choose home education
Complain to school governors and local authority
Request formal exclusion procedures if school wants child removed
Seek legal advice
Report to Ofsted if off-rolling suspected
10.4 Overlap and Gray Areas
Blurred lines: Sometimes genuine parental choice and school pressure coexist. A parent may prefer home education to continued negative school experience, but school’s failures created the situation (Maxwell and Aggleton, 2014).
School refusal: When children refuse to attend due to anxiety, bullying, or SEN challenges, is subsequent home education:
Parental choice responding to child’s needs?
Default option due to school’s failure to provide suitable education?
Local authority’s Section 19 responsibility?
Legal ambiguity: These situations lack clear legal guidance. Families may need advocacy support to ensure:
Access to Section 19 provision if they want it
Support for home education if they choose it
Proper investigation of school failures
Appropriate accountability
Best practice: Local authorities should:
Investigate why child cannot attend mainstream school
Offer support to enable school attendance where possible
Provide genuine choice between Section 19 AP and parental EHE
Ensure support available for either option
Not assume parental EHE absolves local authority of duties
11. Examination Access and Qualifications
11.1 No Legal Requirement for Qualifications
Home-educated children are not legally required to take examinations or obtain qualifications (Education Act 1996, s.7; Department for Education, 2019a).
Rationale: Section 7 requires suitable education, not specific credentials.
Practical considerations: While not legally required, GCSEs, A-levels, or equivalent qualifications often facilitate:
University entry
Apprenticeships and employment
Demonstrable achievement
Many home-educated students sit examinations; many do not. Both are lawful (Rothermel, 2002).
11.2 Routes to Examination Entry
Private candidates: Home-educated students typically enter examinations as private or external candidates (Ofqual, 2019).
Examination centres: Students must be entered through registered centres.
Raedan Institute: We operate as a registered examination centre (JCQ/AQA approved), providing examination access to home-educated students and supplementary education students.
11.3 Examination Board Requirements
Private candidate acceptance: Centres may choose whether to accept private candidates (JCQ, 2024).
Entry deadlines: Private candidates must meet standard deadlines.
Fees: Examination boards and centres charge per subject (JCQ, 2024).
Coursework and controlled assessment: Some subjects are challenging for private candidates.
11.4 IGCSEs and Alternative Qualifications
IGCSEs: Increasingly popular with home educators and widely accepted.
Functional Skills: Practical qualifications in literacy, numeracy, and ICT.
Other alternatives include Open University courses, music grades, Duke of Edinburgh Award, portfolios, and apprenticeships.
University recognition: UK universities accept diverse qualification routes (UCAS, 2024).
11.5 Access Arrangements for SEN
Students with SEN may require access arrangements (Equality Act 2010; JCQ, 2024).
Support: Raedan Institute provides access arrangement application support.
12. Support and Resources
12.1 Local Authority Support
Local authority support varies significantly.
Potential support includes information, examinations, libraries, SEN services, and enrichment opportunities.
12.2 Home Education Organizations
Education Otherwise, Home Education UK, and Association of Home Education provide national support.
12.3 Educational Resources
Resources include online platforms, textbooks, courses, tutors, experiential learning, and community activities.
12.4 Socialization Opportunities
Home-educated children socialise through sports, arts, faith groups, volunteering, and employment.
12.5 Financial Considerations
Costs rang
Current status (as of 2025): No mandatory registration exists. Debate continues, with home education organizations vigorously opposing any registration requirement as disproportionate and rights-violating.
14.5 Schools Bill 2022 (Failed Legislation)
Proposal: The Schools Bill 2022 included provisions for mandatory registration of home-educated children, granting local authorities’ powers to:
Require registration within 15 days of starting home education
Obtain information about educational provision
Conduct annual meetings with parents and children
Issue School Attendance Orders if registration requirements not met
Opposition: Faced significant opposition from:
Home education organizations (Education Otherwise, AHED)
Civil liberties groups
Conservative backbench MPs concerned about overreach
Parents worried about state interference
Outcome: The bill fell due to time constraints before the 2024 general election. Government indicated intention to reintroduce in future sessions (Department for Education, 2022).
Current status: As of 2025, mandatory registration remains unimplemented. Home education organizations remain vigilant against future legislative attempts (Education Otherwise, 2024).
14.6 Register of Children Not in School (Wales)
Different jurisdiction: Wales implemented a register of children not in school under the Education (Wales) Measure 2011 (Welsh Government, 2011).
Provisions:
Parents must register intent to home educate
Annual reviews of suitability
More prescriptive local authority involvement
England position: Wales’s approach demonstrates alternative regulatory models but has not been adopted in England, where resistance to registration remains strong (Spitzer, 2019).
15. Case Law and Precedents
15.1 Key Historical Cases
Bevan v Shears (1911):
Early case establishing parents need not be qualified teachers
Suitable education judged by outcomes, not credentials of educators
Precedent for parental capability irrespective of qualifications (cited in Monk, 2009, p.582)
Phillips v Brown (1980):
Defined “efficient education” as that which “achieves what it sets out to achieve”
Established that home education need not replicate school education
Reinforced individualised assessment of suitability (cited in Hopwood et al., 2007, p.7)
Harrison v Stevenson (1981):
Court considered adequacy of informal, child-led education
Upheld legitimacy of autonomous educational approaches
Demonstrated judicial respect for diverse educational philosophies (cited in Hopwood et al., 2007, p.8)
15.2 Modern Judicial Review Cases
R (G) v Westminster City Council (2004):
Challenged local authority’s approach to monitoring home education
Court emphasized burden of proof lies with local authority to demonstrate education is unsuitable
Absence of evidence is not evidence of absence—local authority must prove unsuitability (cited in Monk, 2004, p.12)
R v Secretary of State for Education, ex parte Talmud Torah Machzikei Hadass School Trust (1985):
Addressed ultra-orthodox Jewish school’s non-secular curriculum
Court affirmed “efficient education” means achieving stated aims
Relevant to religiously motivated home education (cited in Monk, 2009, p.580)
15.3 School Attendance Order Cases
Multiple magistrates’ court cases:
Phillips v Brown (1980): SAO overturned
Harrison v Stevenson (1981): SAO overturned
Judicial deference to parents: Courts intervene only when education demonstrably fails Section 7 standards (Monk, 2004).
15.4 ECHR and Human Rights Cases
Campbell and Cosans v UK (1982):
Established parental right to educate in conformity with philosophical convictions
Konrad v Germany (2006):
Affirmed parental educational rights while allowing state discretion
UK implication: Any future restrictions must be proportionate and justified (Spitzer, 2019).
15.5 Safeguarding and Information-Sharing Cases
R (W) v London Borough of Islington (2017):
Safeguarding powers must not be misused as backdoor educational monitoring
Data protection cases:
Routine information gathering without concern violates data protection principles (ICO, 2020).
16. Practical Guidance for Families
16.1 Starting Home Education
Before beginning:
Research educational approaches
Connect with local groups
Understand legal framework
Consider logistics
Discuss as a family
If child has never attended school:
No notification required
Begin education
Keep records
Build support networks
If withdrawing from school:
Write deregistration letter
Immediate removal from roll
Prepare evidence if requested
16.2 Working with Local Authorities
Building positive relationships:
Respond professionally
Provide evidence if willing
Know your rights
If facing difficulties:
Document interactions
Seek advice
Consider complaints or legal advice
16.3 Providing Evidence of Suitable Education
Effective written reports should address:
Educational philosophy
Current provision
Examples and evidence
Future plans
Conclusion
16.4 Dealing with School Attendance Orders
Respond promptly, provide evidence, and seek advice if needed.
16.5 SEN and EHCP Considerations
Maintain EHCPs, access support, and seek advocacy where necessary.
16.6 Examination Planning
Plan timelines, choose subjects carefully, and prepare thoroughly.
16.7 Record-Keeping
Records help demonstrate provision, track progress, and support future applications.
17. Raedan Institute’s Position and Support
17.1 Our Philosophical Commitment
Raedan Institute affirms home education as a lawful, legitimate, and valuable educational choice.
17.2 Support Services We Provide
Educational consultancy, supplementary education, examinations, holistic support, and advocacy.
17.3 Evidence Base for Home Education Effectiveness
Research demonstrates strong academic, social, and long-term outcomes for home-educated children.
17.4 Our Advocacy Positions
Protecting parental rights, supporting genuine choice, evidence-based policy, and proper safeguarding.
17.5 Working with Local Authorities
Raedan Institute seeks constructive partnerships and opposes unlawful or intrusive practices.
18. References
Legislation, case law, government publications, academic literature, international instruments, and organisational resources as listed.
Conclusion
Home education in England and Wales operates within a clear legal framework balancing parental rights, children’s welfare, and state interests.
Research consistently shows home-educated children achieve strong outcomes across diverse approaches.
Raedan Institute stands ready to support families through guidance, services, and principled advocacy.