The Department for Education has written some new draft guidance on home education which it would like to replace the current guidance. The new guidance is not ready to be used. It is still at the draft stage. The consultation closed 18.1.24. The current guidance remains in force until such time as a final new version is published. The current guidance can be found here https://www.gov.uk/government/publications/elective-home-education
The home education guidance contains suggestions from the government about how to apply the law when children are home educated. Guidance can be what is called statutory or non-statutory. Statutory guidance is when there is a specific law in place allowing the government to make further rules explaining in more detail how the law is to work. It creates legal duties for public bodies. By contrast, non-statutory guidance is when the government looks at existing laws and gives advice on how to interpret what the law says.
The law on home education is unchanged ie there have not been any new laws. In place of new law, the government is testing the waters as to how far existing law can be stretched and advising on how existing law might conceivably be interpreted. New non-statutory guidance does not create new legal powers or duties. Nevertheless it can have a significant impact if it succeeds in resetting the relationship between local authorities and home educating families.
Some of the proposed changes
The current guidance says “this should not be taken as implying that it is the responsibility of parents under s.436A to ‘prove’ that education at home is suitable. A proportionate approach needs to be taken.”
In the new draft guidance this has disappeared. The new draft says “A parent being able to demonstrate what education is taking place is usually the easiest way to establish whether suitable education is being received. This could include engagement with the child or seeing examples of work” There is also reference to potential problems if the local authority is “unable to assess the learning environment”
The new draft LA guidance says “parents should be able to provide information to the local authority so they can establish the child’s levels of literacy and numeracy and whether they are appropriate to the child’s age, ability, aptitude and SEN.”
The draft parent guidance at 5.2 says “Local authorities should be aware that … your child must be receiving suitable education immediately” adding at 5.3 “There is no period of grace to get education to an appropriate level of full-time suitability”
The new draft LA guidance says “lack of any substantive information about a child’s education.” will be “reasonable cause” for a child protection enquiry [Paragraph 8.7 new LA guidance] It’s left up to the LA to decide whether the information provided is “substantive” .
Making Your Answer Personal
Responses which have the most impact are written from first-hand experience by people who have taken time and trouble to express their own views in their own words.
This is the exact opposite to what is called a “campaign-style” response where model answers have been copied and pasted.
There are questions in the consultation about the tone and content of the new guidance and whether you agree that it is still proportionate given that parents WILL now be expected to prove that home education is suitable. You can also comment on the impact of these proposed changes for children with special needs or disabilities and on the use of “safeguarding powers” if parents can’t supply all the evidence that is requested during the “suitability assessment.” We are also asked if the guidance will promote positive relations between parents and the local authority.
The direct link is here https://consult.education.gov.uk/elective-home-education-team/elective-home-education-guidance-review/
You don’t have to say where you live. You are asked the local authority where you live but “Prefer not to say” is an option.
Words Matter
There isn’t a word limit for any of the written answers but I have seen in another current consultation that people are asked to try and not write more than 250 words in each text box (there are 10 text boxes altogether) I use https://wordcount.com/ Obviously this is a guide and not a rule; you can write as much or as little as you like, missing out questions where you don’t have anything to say.
The Department for Education is likely to use automated textual analysis which searches for key words and phrases in the written responses. The questions keep asking if you find the changes clear, consistent, helpful, proportionate, supportive, and likely to encourage positive relations so I would say that it is important for your answers to cover these areas because these factors determine whether non-statutory guidance actually has any value. You can also comment on how far government advice on the law can actually go when the law itself has not changed.
edyourself 
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