Administration

Within 15 working days of notice from a school via the London Borough of Bexley ‘Notice of Declaration’ process, or directly from a parent, that a child is being home educated, the EHE Team will:

• update the child record to reflect home education
• upload onto the London Borough of Bexley's Capita Education system a copy of the Notice of Declaration form and written parental declaration of Elective Home Education
• check London Borough of Bexley’s Capita Education and Liquid Logic social care systems for any other services engaging with the child to ensure they are aware of the change in education
• confirm with the school that the child has been removed from the school roll
• check for siblings and confirm their education if of statutory school age
• attempt to speak with the parent to confirm understanding of the responsibilities they have assumed and answer any initial questions about Elective Home Education in Bexley
• send an email and/or letter acknowledging the parent’s intention to home educate, introducing their assigned EHE Officer and requesting the parent share information about the home education being provided so the Officer may be confident it is suitable and efficient in-line with Government guidance

Please note EHE declarations will not be:

• accepted for children who are subject to a Child Protection Plan (see relevant sub-section of section 7)
• processed for children in a special school until agreement is received from the London Borough of Bexley SEN Panel (see section 8). In such cases, the 13-weeks in which parents must enable the EHE Officer to be confident that the child is receiving a suitable education will start from the date of the SEN Panel decision
• accepted for children in term 6 of academic year 6 unless the parent has confirmed they will be home educating in year 7 and have formally declined a secondary school place, allowing the school to offer the place to those on the waiting list. Where the secondary school place has not been formally declined these children will remain on roll at their primary school being recorded as Pupils Missing Out on Education, until they have taken up a place offered at secondary school for September or have formally declined an offer in favour of elective home education
• accepted for children who have returned to school following the completion of a School Attendance Order, and/or where they were returned to school through the local authority, where a child has been on a CP plan. These children will be recorded as Children Missing Education unless there is evidence of a substantive change in circumstances

Initial Contact from the London Borough of Bexley EHE Officer

The EHE Officer will make contact with the parent within 15 working days of receipt of the ‘Notice of Declaration’ to introduce themselves, initiate a positive and constructive relationship with parents and ensure their understanding of, and capacity to fulfil, the duties they are assuming.

Parents are under no legal obligation to respond to these contact attempts, but London Borough of Bexley will encourage them to do so, particularly if new to home education, to ensure understanding of the education duties being assumed by the parent and to improve chances of the child being returned to school if the parent finds they cannot meet the duties they would take on.

Once a ‘Notice of Declaration’ is received, the EHE Officer will make a written informal education enquiry requesting the parent shares information which will enable the EHE Officer to be confident that the child is or will be receiving a suitable education within 13 weeks and 1 day of the ‘Notice of Declaration’ being received.

DfE guidance for local authorities states:

Parents are under no duty to respond to such enquiries, but if a parent does not respond, or responds without providing any information about the child’s education, then it will normally be justifiable for the authority to conclude that the child does not appear to be receiving suitable education and it should not hesitate to do so and take the necessary consequent steps. This is confirmed by relevant case law⁷."

DfE guidance for local authorities also states:

Families beginning home education sometimes state that they are entitled to a period during which the home education provided for the child may not meet the requirements in s.7 because they are still, as it were, building up the provision to a satisfactory level."

However, families should be aiming to offer satisfactory home education from the outset, and to have made preparations with that aim in view, as time lost in educating a child is difficult to recover. In such cases, a reasonable timescale should be agreed for the parents to develop their provision; it is easier to do this if the parents are engaging constructively with the local authority but in any event, there should be no significant period in which a child is not receiving suitable education, other than reasonable holiday periods at appropriate points."

It is the policy of London Borough of Bexley that it must be confident that a child is receiving a suitable and efficient home education no later than 13 weeks and 1 day from the date the notice of elective home education was received or from the date subsequent check-in requests are made (this is the equivalent to two academic terms, including a one-week half-term holiday). This date will be clearly stated on the letter/email requesting information from the parents and any subsequent reminder letter/email.

Informal Education Enquiries and Home/Public Location Visits

In making an informal education enquiry, the EHE Officer will ask the parent to share information by whichever means the parent feels most able. This may include an offer to meet with the parent and child at their home address. The parent may exercise their right not to allow the EHE Officer access to the home, the child, or the child’s work; however, they are encouraged to do so, and a meeting can be held at a mutually convenient time and public place if the family prefer not to hold the visit in their home. London Borough of Bexley reserves the right to not offer physical face-to-face meetings where parents have demonstrated abusive behaviour towards its staff and will act in accordance with London Borough of Bexley’s ‘Zero Tolerance Statement’ should any staff become subject to abuse, aggression, discriminatory behaviour or violence⁸.

Where parents do not respond to the request, a written reminder will be issued after 6 weeks, reminding the parent of the 13-week and 1-day date by which the EHE Officer must be confident in the education provided and how the parent may share this information with London Borough of Bexley. This will be accompanied by telephone call attempts to ensure the written communications are being received and are understood.

Where a response is received which does not enable the EHE Officer to be confident that a suitable education is being provided, they will contact the parent to ask questions to improve their understanding of the education being provided, and/or make recommendations and agree and carry out actions which will enable the Officer, by the end of the 13-weeks, to be confident the child is receiving a suitable and efficient full-time education.

When the EHE Officer is made confident in the education being provided to the child, they will confirm this with the parents and agree when the next informal enquiry will be made so as to ensure confidence that the child is continuing to receive a suitable and efficient education.

Removing Children from the Home Education Register

London Borough of Bexley will remove a child from its home education register when:

• the child ceases to be of statutory school age
• the child starts or returns to school-based education
• the child moves to another local authority area (upon which the new local authority will be notified of the child’s residence and potential continuation of home education)
• the child moves from the recorded address and reasonable action to secure the new address has been unsuccessful (upon which the child will be recorded as a Child Missing Education)
• the child’s parents provide notice in writing that they are withdrawing their elective home education declaration and provide evidence of application to, or offer from, a school setting (upon which the child will be recorded as a Child Missing Education with a pending school application)
• the child becomes subject to a Child Protection Plan (see relevant sub-section of section 7)
• the child’s parents have not enabled confidence in the home education provision (see section 11)
• London Borough of Bexley is notified that the child has died

7 Phillips v Brown [1980] Lexis Citation 1003
8 London Borough of Bexley's Zero Tolerance Statement