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Elective Home Education - Safeguarding and promoting the welfare of the child

The LA has a duty under section 175 (1) of the Education Act 2002 to safeguard and promote the welfare of children.

This section states: 'A local education authority shall make arrangements for ensuring that the functions conferred upon them in their capacity as a local education authority are exercised with a view to safeguarding and promoting the welfare of children.'

The Children Act 2004 ('the 2004 Act') provides the legislative framework for developing children's services as detailed in Every Child Matters: Change for Children.

Section 10 of the 2004 Act sets out a statutory framework for cooperation arrangements to be made by local authorities with a view to improving the well-being of children in their area.

Section 11 of the 2004 Act sets out the arrangements to safeguard and promote the welfare of children. However, this section does not place any additional duties or responsibilities on local authorities over and above section 175 (1) of the Education Act 2002. Statutory Guidance on Making Arrangements to Safeguard and Promote the Welfare of Children under section 11 of the Children Act 2004 has been updated and published in April 2007.

A parent's decision to home educate is not in itself grounds for concern about the welfare of children. However, as with school-educated children, child welfare issues may arise in relation to home-educated children. If any child welfare issues come to light in the course of engagement with children and families, these concerns will be immediately notified to the LA Safeguarding Officer and acted upon appropriately.

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