3. Statutory framework and relevant guidance relating to Elective Home Education
The Education Act 1996 sets out at Section 7 the right of a parent to home educate their child as long as this is suitable to the age, ability and aptitudes of the child, and any special educational needs they may have. The Education Act 1996 also specifies at Section 436a the duty placed upon the Local Authority to identify children in their area of statutory school age who are not registered in school and are not in receipt of suitable education and Section 437 describes the duty upon the Local Authority to act in such situations.
The Department for Education (DfE) non statutory guidance (2019) sets out expectations of Parents and Local Authorities in relation to Elective Home Education.
- Elective home education: departmental guidance for local authorities (Updated August 2024)
- Elective home education: guide for parents
Rotherham’s local Policy is based upon this national guidance, which offers further advice about responsibilities in relation to Elective Home Education
This 2021 High Court judgement in respect of the application of the 2019 DfE guidance has been considered in this Policy revision.
Rotherham Council recognises that the Children’s Wellbeing and Schools Bill that is currently progressing through parliamentary approval may bring changes for EHE and any such changes will be assimilated into local Policy as they are made.