Elective home education - the legal background

Parents have a right to educate their children at home providing they fulfil the requirements of Section 7 of the Education Act 1996, which places a duty on the parents of every child of compulsory school age to cause him or her to receive efficient full-time education suitable to their age, ability and aptitude, and to any special educational needs that they may have, either by regular attendance at school or otherwise.

'Efficient full time education' is not defined for home educated children, although parents may wish to note that the guidance on School Attendance Codes 2010 Section 2 (page 5) states that in order for a pupil educated in a school to have full time education, they should complete 190 days in an academic year.

The law requires a child to be educated from the start of the term following their fifth birthday until the last Friday in June in the school year they are 16.

The LA is not responsible for the provision of EHE or under any statutory obligation to support it. However, under Section 436A of the Education Act 1996, the local authority does have a duty to make arrangements to identify children not receiving a suitable education.

Removing a pupil from the school admission register

Where a child is enrolled at school and the parent wishes to home educate, the parent must write to the school and request that their child's name be taken off the school roll.

The child's full name and address will be passed from the school to the EHE Team, within ten school days from the date on which the pupil's name was removed. The EHE Team will send an acknowledgement letter to the parent, confirming that the child has been taken off the school roll under the Education (Pupil Registration) (Wales) Regulations 2010.

If a parent does not send the child to school and does not properly de-register the child, then they may be liable to prosecution under Section 444 (1)(1A) of the Education Act 1996 and the child may also be considered as a Child Missing from Education (CME).

To maintain accurate records we would be grateful if you would advise the EHE Team of any change of address in writing or by phone.

Please contact us at:

Elective Home Education Team Elective Home Education Team

(this will prevent the child being considered as missing).

If at any time the parent wishes to enter or re-enter the school system they can request an admissions form at: A&Tsupport@swansea.gov.uk.

Working with home educators

The local authority will seek to build effective relationships with home educators to safeguard the educational interest and welfare of the children and young people.

We shall provide parents who are, or who are considering, home educating with a named contact within the local authority who is familiar with home education policy and practice and has an understanding of the relevant legislation and a range of educational philosophies.