Unsuitable education
The child is at the centre of our process to find out whether an education is suitable. We consider the individual circumstances of each case.
Under Section 437(1) of the Education Act 1996, the local authority must act if it appears that a child or young person is not receiving a suitable education.
Our assessments
A child's education may be considered unsuitable when it's not clear what education provision is being provided. This would be the case where:
- parents or carers share no or limited detail on what the child is being taught
- parents or carers share no or limited detail on what the education sets out to achieve
- parents or carers share resources they may have simply copied from online sites
- there is no or very limited completed samples of work submitted
- there is no or very limited information regarding resources
- there is no or very limited detail of how the child's progress will be measured or information to demonstrate relevant progress
- there is no or very limited detail on what social interaction is experienced by your child
The above list of reasons is provided for guidance only. It is not a full list.
If a child's home education appears to be unsuitable
In some cases, we may find improvements to the home education provision are required, or we need to make further assessments before the provision can be considered suitable. We will explain clearly why this is the case and agree a timescale for further review.
In other cases, it may be obvious from the outset, or we may have enough reason to believe the child's home education is unsuitable and unlikely to be improved to a suitable level. This will be discussed at the time with the parent.
The parent will be encouraged to complete an in-year school admissions application to return their child to school. A parent can make an application for their child to attend any school. However, a place cannot be guaranteed at their school of choice.
If the parent secures a school place without having first applied for the school nearest to the home address, it is unlikely they will be eligible for any transport assistance.
If a conversation with the parent is not possible, the officer will confirm in writing that home education is considered unsuitable and advising that the child must be returned to school without delay.
School Attendance Orders
It may be necessary for us to begin a School Attendance Order (SAO) process if:
- the provision of home education is deemed unsuitable
- we believe there is insufficient evidence that a suitable education is being provided
- the parent has not made a school application
A SAO is served on parents. It requires them to enrol their child at the school named in the SAO within 15 days.
If parents have not engaged with us and we have no background information to consider, the SAO is likely to name the school that is closest to the child’s home address and has available spaces. If your child has an education, health and care (EHC) plan, the school named in the SAO will be chosen by our Special Educational Needs and Disabilities (SEND) team.
The order will remain in place for the remainder of the child's primary or secondary education. You will not be permitted to transfer them to an alternative school without our permission
It is a criminal offence under Section 443(1) of the Education Act 1996 not to comply with a SAO. If you do not comply with a SAO, we will begin legal proceedings to prosecute you through the criminal court. This can result in a fine of up to £1,000.
Safeguarding
Unsuitable or inadequate education can also impair a child's intellectual, emotional, social or behavioural development. If parents fail to make sure their child is receiving a suitable education, this may be considered to be a safeguarding concern and a referral may be made to Thurrock Multi-agency Safeguarding Hub (MASH). We will notify you if we intend to make such a referral.
Each case is unique, however DfE guidance states: "local authorities should consider whether they ought to take action under safeguarding law."