Elective Home Education and Safeguarding

All professionals should remember that elective home education as a parental choice is not of itself a risk to children. We have to be concerned about the extent to which already vulnerable children are further compromised where this is assessed to be the case.

Section 175 of the Education Act 2002 imposes a duty on London Borough of Bexley to make arrangements for ensuring the functions conferred on them are exercised with a view to safeguarding and promoting the welfare of all children resident in the borough.

The EHE Team will follow London Borough of Bexley’s SHIELD safeguarding procedures and work with relevant agencies and individuals to proactively safeguard and promote the welfare of children and, in the event of any concerns about the welfare of a home educated child, initiate and follow established procedures. Children’s services will work collaboratively to proactively safeguard and promote the welfare of children and in the event of any concerns about the welfare of a home educated child, initiate and follow through established safeguarding procedures, which will include sharing information with GPs, health visitors and other health professionals in the interest of a child or young person.

London Borough of Bexley EHE Team will liaise with London Borough of Bexley’s Multi-Agency Safeguarding Hub (MASH) where there is uncertainty about the welfare of a child or young person. The EHE Team will explain the reasons for any welfare concerns to the parents in accordance with referral procedure, unless where there is a significant reason not to.

Where there is ongoing lack of response from a parent, including after an attempted home visit to confirm the child’s wellbeing, the EHE Team will liaise with relevant services to confirm if the family are known to have changed address and, if the family is believed to still reside at the address on record, work with services to ensure the child is safe and well.

Children Subject to a Child Protection Plan

London Borough of Bexley acknowledges that parents can decide to electively home educate at any time; however, our local policy is that where a child is currently subject to, or becomes subject to, a Child Protection Plan, the child could be considered unsafe as a consequence and so the child must be registered at and attending a school setting.
Where a home educated child becomes subject to a Child Protection Plan, the London Borough of Bexley EHE Officer will:

  • update the child’s record to cease elective home education
  • liaise with London Borough of Bexley’s School Admissions Team to identify appropriate Bexley schools with available places
  • refer the child as a Child Missing Education
  • write to the parents confirming these actions and information, and request that the parent makes an in-year application to one of the named schools, or evidences application to another school if preferred by the parent, within 10 working days
  • work with the allocated Social Worker to provide advice, guidance and support to return the child to a school

Where an appropriate school is available and the parent does not provide evidence of an in-year application, London Borough of Bexley will issue a formal notice under section 437 of the Education Act 1996.

This notice indicates London Borough of Bexley’s intention to formally order the parent to register the child at a school. It will identify school(s) deemed suitable and allow the parent 10-working days to make an in-year application or propose alternatives. If the parent does not respond, or does not make satisfactory arrangements elsewhere, London Borough of Bexley may issue a School Attendance Order (SAO) in accordance with its stated intention.

Failure to comply with a SAO is a criminal offence for which the parent(s) can be issued with a penalty notice or prosecuted in the Magistrates’ Court.

Where no suitable schools with available places can be identified, the allocated London Borough of Bexley Social Worker will ensure that the Child Protection Plan will include increased home visits to regularly check that the child is safe whilst not in education. In such cases, the London Borough of Bexley Inclusion Officer will notify the relevant Chair of the Primary or Secondary Fair Access Panel and ensure the child is presented for a school place at the next meeting.

Child in Need

Where a home educated child is identified as a Child in Need (CIN), the CIN Review Chair will make clear that continuing home education is a worry. It will be for the Chair to decide whether a strategy meeting is required where the child is at risk of harm and this risk is escalated by the child being educated at home. The strategy meeting will include representation from London Borough of Bexley Education and Services for Children, and relevant partners, and assess whether continuing home education would be an impairment to the child’s health, well-being and development.

Where it is deemed so, a Child Protection Plan meeting will be arranged to discuss the next steps and the Chair will make clear the increased risks to the child, and the associated causes, to enable a decision to be made.

Where the child is made subject to a Child Protection Plan, the process in the previous sub-section will take place.

Where home education for a Child in Need is continued, this does not preclude escalation to Child Protection Plan status following a child and family assessment.