Response from Fiona Nicholson - Ed Yourself

Fiona Nicholson, Ed Yourself, has submitted a response to the consultation.

 

"The law is quite straightforward and I can't understand why the draft policy makes such a half-hearted attempt at explaining it. Children have a right to be home educated, including where the child has a statement of SEN. It is parents who are responsible for their child's education, not the board, and it is parents - not the board - who are responsible for the outcome. Schools must delete the child's name from the register following notification from parents. The duty of the board is reactive not proactive, ie the law provides for the board to step in if and only if it appears that parents are failing in their duty. Any welfare or safeguarding concerns should be referred to the appropriate agencies for follow-up.

The draft policy has cut and pasted various gobbets of law which purport to justify the process set out in the document, including the United Nations Convention on the Rights of the Child,xxii the 1986 Education and Libraries Orderxxiii and the Children Order 1995xxiv. It is hard to single out the most striking error, but nowhere does the law say that boards have a statutory duty to ensure that all children in their area are receiving efficient full time education. Furthermore, it is astounding that anyone could believe the UNCRCxxv offers any justification whatsoever for the board's monitoring home education or interviewing home educated children."

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