Policy and strategy document

Elective Home Education Policy

Contents

 1. Introduction

1.1  Elective Home Education (EHE) is the term used by the Department for Education (DfE) to describe the education provided by parents1 at home, rather than providing education for their children by sending them to school. This is different to home tuition provided by a Local Authority (LA).

1.2  This document outlines policy and procedures to enable Oxfordshire County Council (OCC) to comply with its duties towards children and young people living in Oxfordshire whose parents have elected to educate them otherwise than at school. It is published for parents, schools, and other agencies with an interest in EHE.

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2. Policy statement

The DfE “Elective Home Education Guidelines for Local Authorities”, published in April 2019, emphasises the importance of Local Authorities building effective relationships with home educators that function to safeguard the educational interests of children and young people: relationships that are rooted in genuine mutual understanding, trust, and respect.

This policy seeks to build improved relationships with home educators and provide a means to effectively protect the educational and safeguarding interests of children being electively home educated where vulnerabilities are identified.

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3. The law relating to Elective Home Education

3.1  The definition within section 7 of the Education Act 1996 provides that

” 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.” (Gender Specific within the legislation)

3.2  There is no legal definition of what constitutes a “full-time” education. Measurement of “contact time” in this way is not relevant in the context of elective home education, where the child often has continuous one-to-one contact with the educator and the types of educational activity the child engages in may be varied and flexible.

3.3  Compulsory school age begins on the next prescribed day following a child’s fifth birthday (or on their fifth birthday if it falls on a prescribed day). The prescribed days are 31 December, 31 March and 31 August each year. A child remains of compulsory school age until the last Friday of June in the school year in which they reach the age of sixteen.

1 The term “parent”, unless the context otherwise requires, in relation to a child or young person, includes any person 
(a) who is not a parent of his but who has parental responsibility for him, or (b) who has care of him, except that in [section 499(8), Education Act 1996] it only includes such a person if he is an individual.

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4. Parental rights, responsibilities and considerations

4.1  Parents have a legal right to educate their child at home and are not required to have any qualifications or training to provide their children with a suitable education. The 1996 Education Act makes clear that it is a parent’s duty to ensure his/her child receives a suitable education in accordance with section 7.  In addition, the Act generally provides that children are to be educated in accordance with their parents' wishes.

4.2  Parents are not required to inform the Local Authority that they intend to elect or have elected to home-educate. They are not required to seek approval from the LA, unless the child has an Education, Health & Care Plan and the LA has arranged specialist educational provision at a school specified by the plan. If the child is subject to a School Attendance Order (‘SAO’), the SAO should be revoked before EHE begins.

4.3  Parents whose child is enrolled at a school are advised to write to the Headteacher to inform them that they have decided to home educate, unless the school is a Special School setting named on the child’s Education, Health & Care Plan, in which case parents are required to seek approval from the Local Authority first. Parents whose child is not enrolled at a school have no obligation to inform the Local Authority that they are home educating their child; however, the Local Authority encourages contact with all home educating families and may make enquiries with the parents.

4,4  The Local Authority recognises that home education may be delivered in a variety of ways and does not need to replicate school-based education. Parents are not required to follow the National Curriculum, keep school hours, produce formal lesson plans, or provide education in a school-style format. However, the Local Authority will consider whether the education appears efficient, full-time and suitable to the child’s age, ability, aptitude and any special educational needs. In reaching this view, the Local Authority may consider information provided by parents, examples of learning, discussion with parents and/or the child where appropriate, reports from other professionals, and any other relevant evidence. The Local Authority will consider the overall picture rather than requiring one prescribed form of evidence.

4.5  Parents may arrange for other people to tutor their child, though parents themselves continue to be responsible for the education provided. It is recommended that parents ensure that such people are qualified and suitable, including Disclosure and Barring Service (DBS) checks.

4.6  Parents who elect to home-educate assume full financial responsibility for their child’s education, including the costs of private tuition, courses and public examinations. However, colleges can claim the cost of course fees directly from the Education Skills Funding Agency on an individual basis for home educated young people under 16 when parents and colleges are able to reach suitable individual arrangements. These individual arrangements are not brokered through the Local Authority but directly between parents and colleges.

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5. The Local Authority’s responsibilities

Article 2 of Protocol 1 of the European Convention on Human Rights states that:

'No person shall be denied the right to an education. In the exercise of any functions which it assumes in relation to education and to teaching, the State shall respect the right of parents to ensure such education and teaching is in conformity with their own religious and philosophical convictions.'

Oxfordshire County Council supports parents who opt to educate their child at home.

5.1  Children who are known to be electively home educated and who are receiving suitable education are not Children Missing Education. However, where a child is not registered at a school and the Local Authority is unable to establish that the child is receiving suitable education, the Local Authority will make enquiries under its section 436A duty. Where education appears unsuitable, the Local Authority may take action under section 437 of the Education Act 1996. Where the child’s whereabouts, responsible adult, or educational arrangements cannot be established, the matter may be considered under Oxfordshire’s Children Missing Education procedures.

5.2  A further statutory duty exists, which requires the Local Authority to serve a formal notice under section 437 of the Education Act 1996 if it appears that a child of compulsory school age is not receiving a suitable education. The formal notice requires the parent to satisfy the Local Authority that the child is in fact receiving suitable education within not less than 15 days beginning with the day on which the notice is served. Where it appears, following reasonable and proportionate enquiries, that a child of compulsory school age may not be receiving suitable education, the Local Authority will provide parents with an opportunity to submit information and evidence about the education being provided. If, after considering the available information, the Local Authority is not satisfied that the child is receiving efficient full-time education suitable to their age, ability, aptitude and any special educational needs, it may serve a notice under section 437(1) of the Education Act 1996. Any decision to progress to a School Attendance Order will be based on the evidence available, the individual circumstances of the child, and the Local Authority’s recorded assessment of suitability. 

5.3  The Local Authority has no legal power or duty to monitor home education on a routine basis although Oxfordshire County Council will make enquiries if it is not clear that a child is receiving suitable education. The Local Authority regards its role in relation to home education as part of its wider responsibilities, including safeguarding, to all the children in its area.

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6. Responsibilities of schools in Oxfordshire

6.1  There is no legal requirement for parents to discuss home education with the school but if a parent does approach the school to discuss the possibility of home educating, the Local Authority expects the school to respond positively and constructively. If parents are considering home education because of a dispute with the school, the Local Authority expects the school to take all necessary steps to resolve the issue, including contacting the EHE team with a view to mediation taking place. Removal from the roll under these circumstances is likely to be scrutinised by the Local Authority. The school should signpost the parent to the Local Authority EHE service for further advice and guidance, enabling them to make an informed choice.

6.2  The DfE guidelines make it explicit that: “Schools should not seek to persuade parents to educate their children at home as a way of avoiding an exclusion or because the child has a poor attendance record. In the case of exclusion, they must follow the relevant legislation and have regard to the statutory guidance. If the pupil has a poor attendance record, the school and, if appropriate, Local Authority should seek to address the issues behind the absenteeism and use the other remedies available to them.”

The Local Authority will contact electively home-educating parents who remove their child from a school roll. If it is found that a parent has been encouraged by school to remove their child from roll for the purposes of elective home education, this will be challenged, and the child reinstated on roll when appropriate with parental consent, whether the vacant place has been filled or not. The expectation is that the In Year Fair Access Panel will name the previous school for placement unless doing so would be detrimental to the health and wellbeing of the child when an alternative setting will be identified.

6.3  When a school receives formal, written notice from a parent, that a child is being withdrawn from school to be home-educated and the child has ceased to attend the school, the Headteacher should ensure that the pupil’s name is removed promptly from the admissions register in accordance with Regulation 9(1)(f) of the School Attendance (Pupil Registration) (England) Regulations 2024.

6.4  Regulation 13(4) of the School Attendance (Pupil Registration) (England) Regulations 2024 provides that “the “proprietor” (Headteacher) of the school must, make a return to the Local Authority for every such pupil giving the full name of the pupil, the address of any parent with whom the pupil normally resides and the ground upon which their name is to be deleted from the admission register as soon as the ground for deletion is met in relation to that pupil, and in any event no later than deleting the pupil's name from the register”.

6.5  In practice, the school must inform the Local Authority immediately when a child is removed from the school roll for home education and submit a copy of the parental letter informing the Headteacher of the decision to remove.  The school must complete the School Exit Form and submit to EHE Team without delay. The school must create a Common Transfer File and post it to the school-to-school (S2S) secure website, where the file will be stored in the Lost Pupil Database.

6.6  The school is responsible for raising any safeguarding concerns relating to a child with the Multi-Agency Safeguarding Team (MASH). Home Education is not in itself a safeguarding concern.

6.7  The school must retain the child’s school file. Parents can request a copy of this file from the school to assist them in planning their child’s education.

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7. Elective Home Education and Safeguarding

7.1  The welfare and protection of all children, both those who attend school and those who are educated at home, is of paramount concern and the responsibility of the whole community. Section 175 of the Education Act 2002 imposes a duty on the Local Authority to make arrangements for ensuring that the functions conferred on them are exercised with a view to safeguarding and promoting the welfare of all children resident in Oxfordshire.

7.2  The EHE Team will always follow Oxfordshire Safeguarding Children Panel (OSCP) Safeguarding procedures and work with relevant agencies and individuals to proactively safeguard and promote the welfare of children and, in the event of any concerns about the welfare of a home-educated child, initiate and follow established procedures.

7.3  Referrals and escalations will be made by EHE officers to the Multi-Agency Safeguarding Hub (MASH) where information gives rise to safeguarding concerns. EHE Officers will explain the reasons for any welfare concerns to the parents in accordance with procedure. EHE officers will offer mediation to all schools and families prior to a child’s removal from roll.

7.4  Where information becomes available to the Local Authority giving rise to reasonable cause to suspect that a child is suffering, or is likely to suffer, significant harm, the Local Authority has safeguarding duties under Section 47 of the Children Act 1989 and may initiate enquiries through Children's Social Care. Where a child may be a Child in Need, consideration may also be given to duties under Section 17 of the Children Act 1989.

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8. Support, guidance and resources provided by the Local Authority

8.1  The EHE service provides support in the form of:

  • Publishing written information about home education that is clear, accurate and sets out the legal position, roles and responsibilities of both the Local Authority and parents.
  • Discussing the implications of home education with parents before they make the decision to leave or enter the school system.
  • Producing and distributing accurate written records of meetings with home educating parents and children.
  • Promoting positive relationships with elective home education families based on mutual understanding, respect, and trust to safeguard the educational interest of children.
  • Seeks to mediate between schools and potential home educating families when the relationship has broken down and parents feel obliged to withdraw their child.
  • Discussing the implications of home educating with parents before they make the decision to formally do so and the child has ceased to attend the school.
  • Signposting parents to resources and services.

8.2  Oxfordshire County Council embraces diversity and respects individual choice. The EHE Team recognises that parents of all educational, social, racial, religious and ethnic backgrounds successfully educate children outside of a school setting

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9. Elective Home Education and Special Needs in Oxfordshire

9.1  Parents’ right to educate their child at home applies equally where a child has an Education, Health and Care (EHC) plan. The Local Authority has a duty to review Education, Health and Care (EHC) plans annually, following procedures set out in the SEND code of practice: 0 to 25 years. Annual Review meetings will be convened and chaired by the allocated EHCP Casework Officer. The Local Authority will make it clear to parents that they are welcome to attend but are not obliged to do so.

9.2  If the child is on the roll of a special school named in the Education, Health & Care Plan, the child’s name may not be removed from the school register without the Local Authority’s consent, or if the Local Authority refuses to give its consent, at the Secretary of State’s direction [Regulation 9(2) The School Attendance (Pupil Registration) (England) Regulations 2024]. Schools/academies should call an early review as soon as they are aware of an intention to home educate. For children on a mainstream school roll, an annual review should take place before removal from roll or within 3 months of removal from roll to amend the EHCP accordingly. In all cases the EHE team will seek to support the child remaining on school roll.

9.3  To assess whether home provision is suitable for the special education needs of the child, parents will be asked to complete a Summary of Provision form. The Local Authority will only be relieved of its duty to arrange the provision specified in the child’s EHC plan if it is satisfied that the parents’ arrangements are suitable.

9.4  If the Local Authority is satisfied with the parents’ arrangements, it will continue to have a duty to maintain and review the EHC plan annually until it decides to cease the EHC plan; or the EHC plan automatically lapses; or the EHC plan is transferred to another Local Authority. The Local Authority does not have to name a school/setting in Section I of the child's EHC plan, though it may state the type of school it considers appropriate. In cases where parents electively home educate and make suitable arrangements themselves, the LA may be relieved of arranging the special educational provision; but where the LA agrees education otherwise than at school is necessary, the LA retains the section 42 duty under the Children and Families Act 2014. Under Section 19 of the Act, a local authority must have regard to the views, wishes and feelings of the child and his or her parents, or the young person.

9.5  Where it appears to the Local Authority that a child is not receiving education suitable to age, ability and aptitude and SEN, actions will be undertaken in line with Oxfordshire EHE procedures. 

9.6  Where therapy or specialist provision is included in an EHC plan, the Local Authority will consider how that provision is specified and whether it forms part of the special educational provision which must be secured. Where parents have made suitable elective home education arrangements themselves, the Local Authority may be relieved of the duty to secure the special educational provision specified in the plan, provided it is satisfied that the parents’ arrangements are suitable. Where the Local Authority remains responsible for securing provision under section 42 of the Children and Families Act 2014, it will ensure that this duty is considered through the EHC plan review process. Relevant professionals may be invited to contribute to annual reviews where appropriate. 

9.7  A parent who is electively home educating their child has the same legal right as any other parent to request that the Local Authority undertake a statutory assessment of their child’s special educational needs (an Education, Health and Care Needs Assessment). The Local Authority will consider the request in accordance with the same statutory criteria and timescales that apply to all requests for an Education, Health and Care Needs Assessment, regardless of the child’s educational setting.

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10. The EHE service

10.1  EHE Officers must ensure that all reasonable care is taken to ensure their safety, be advised by any risk assessment information and report any concerns over health, welfare and safety issues to their manager in the first instance. They will consistently adhere to all elements of the Lone Working Policy.

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11.  Review and evaluation

11.1.  This policy and procedure will be reviewed annually. Consultation with home educators will take place where there are significant changes to policy or procedure. The voice of parents and children/young people, through the EHE service, also informs developments. Oxfordshire County Council is committed to securing an effective partnership with home educators based on respect, consent (within the parameters of safeguarding legislation) and with the best interest and rights of the child at the centre. 

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Version control

Annual review of all documents in line with Service delivery plans and/or when updates to national statutory guidance, policy or Legislation.

Version: 3.0 
Date: 11 October 2026
Local Authority Officer: Assistant Director, Schools and Settings (Sufficiency)
Review: October 2027       

References

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