England and Wales

Section 7 of the 1996 Education Act states that parents are responsible for educating their children 'by regular attendance at school or otherwise.'

Unless your child has Special Educational Needs and attends a Special School, or has a school attendance order, if you live in England or Wales you don't have to get permission from the Local Education Authority to withdraw your child from school. However it would be polite to tell them that this is what you plan to do.

Once the school receives a letter from you informing them that you are now educating your child at home, it is the school's responsibility to inform the LEA that your child's name has been removed from the register. The head should not try to oppose you: it is your right to choose home education for your child if you wish.

Similarly, you do not have to inform the LEA if your child is close to school age and you choose to home educate right from the start. Some families decide to home educate for a few years until they believe their child is more ready for school.

All you need to be able to do is prove that education is taking place: when the LEA contacts you, you can explain your educational philosophy and any other information by letter.

You are not obliged to follow the National Curriculum

You are not obliged to enter your child for GCSEs

You are not obliged to have any qualifications or teaching experience

You are not obliged to have visits from the LEA at home

Home Education in Scotland and Northern Ireland

If you live in Scotland or Northern Ireland, the rules are slightly different. Visit the Schoolhouse Home Education Association www.schoolhouse.org.uk to see the Scottish requirements. Home education in Northern Ireland is still in its infancy, but the legal requirements are the same as those in Scotland.

Child Benefit payments

Child Benefit payments will not be affected if your child is under 16. It can be slightly harder to continue claiming the benefit for students aged 16-18 due to issues concerning part-time jobs or work experience, but in theory you are still eligible.

For further official guidance on the legal situation, visit the DfES website www.dfes.gov.uk.

Based on an article by Lorna Smith

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