Home > Ask Our Experts > Are we Breaking the Law by Home Schooling?

Are we Breaking the Law by Home Schooling?

By: Louise Smith, barrister - Updated: 11 Jan 2025 | comments*Discuss
 
Home School Home Schooling Education

Q.

If we as parents choose to home school are we breaking any law? Can we be made to send our daughter to school? Our daughter has issues with regards to school life.

(Mr C.E, 29 October 2008)

A.

Parents have a legal responsibility to ensure that all children receive an education from the age of 5 to 16. For the vast majority of children, this will inevitably mean going to school. However, ensuring that their children attend school is not the only way that parents can satisfy their legal responsibility in England.

Teaching children at home, or home schooling, is legal and is becoming increasingly popular for a number of reasons. You mention that your daughter has issues with school life, which is one reason why some parents choose to educate their children at home. Other parents may choose to home school for religious or social reasons, or simply because they feel that they are better able to address their child’s needs.

As long as your daughter is receiving an education, you have complied with Your Legal Duty and the authorities should not force you to send your daughter to school. However, it may be advisable to notify your Local Education Authority that you intend to home school your daughter rather than just taking her out of her school. The school should also be notified in writing of your intentions before you remove your daughter. The rules are different for children who attend a special school due to their special educational needs.

There is no requirement for you to follow a particular curriculum or to have any teaching qualifications. It is also up to you whether your daughter goes on to take GCSEs. However, you should bear in mind that if your daughter does not attain any recognised qualifications this could limit the options she has later in her educational or professional career. A parent who educates their child at home must ensure that the child still has a full education and that any special needs the child has are addressed. The education the child receives should be appropriate for their age and abilities.

The Local Education Authority could ask you to prove that you are providing your daughter with an education. You might do this by setting out the methods you use and providing examples of your daughter’s work. Alternatively, you could arrange a meeting, either at your home or elsewhere, with a representative of the Authority. If the Local Education Authority was not satisfied that you were providing your daughter with an appropriate education, they could serve you with a school attendance order forcing you to send your daughter to school.

There are many websites offering advice and materials for parents who decide to educate their children at home, and some Local Education Authorities may supply free study materials based on the National Curriculum.

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oliviastephen02 - 29-Jan-24 @ 8:46 AM
My daughter currently at college and her 19th birthday is on the same day the college break up for summer holidays this June.But her course officially doesn't finished until the 25th June but the CSA have told me they won't review it until that date..My question do i stop payment on her 19th birthday or the 25th the official end date knowing she hasn't done the required 12 hours per week of course work due to the college closed.And i do i continue payments until the CSA contact me even though my daughter won't be in any sort of education after the 25th June.
DAVE - 14-Mar-21 @ 10:33 PM
My son’s a’level education has stopped due to the crisis. He is now technically out of secondary education and is working part time. He is due to start university in September. Am I still liable for child maintenance until the day he actuallly starts university or can it stop now as his a’levels technically stopped when the government cancelled exams? Thanks very much.
Tim - 25-Mar-20 @ 10:07 PM
Unfortunately I have no contact with my daughter who turned 19 in September 2019. I have paid maintenance payments as per the CMS calculator for over five years. She is embarking on her third year of A levels. I have been told that I have to continue maintenence payments. Can you advise at what point these payments can be discontinued. I have carried out some research but seem to get conflicting advice including A) once she reaches the age of 19 B) once she no longer attends school / completes her last exam in relation to A levels. C) once she reaches the age of 20 Any assistance would be gratefully received. Max
Max - 15-Sep-19 @ 8:28 PM
My 17 year old daughter has been kicked out of college, she has no job. She lives with her mother. as i understand it, it is my responsibility to provide child support whilst she is in further education of at least 12 hours per week. But shes not? So i wish to stop paying maintenance, she is fully capable of getting a job. This isnt about paying maintenance, its about making my daughter realise that she cant sit around all day, week after week doing nothing.
MrD - 16-Jan-19 @ 2:31 PM
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