Every so often a worried home educating parent posts something like this:
“My Local Authority has named a school for my child. Are they forcing them back into school?”
It’s an alarming thing to read.
It sounds like the LA has already made a decision and that school attendance is now unavoidable.
But in most cases, what has actually happened is very different.
If a Local Authority believes that a child may not be receiving a suitable education, the law gives them a process they must follow.
The key word here is process.
It does not start with forcing a child into school.
The LA must first write to the parents explaining that they believe the education may not be suitable. This should be done informally and then done through a formal notice s437(1) asking parents to provide information about the education being provided.
Parents then have the opportunity to respond.
Only if the LA is still not satisfied after considering that information can they move forward.
A growing number of unscrupulous LAs will tell you they have concerns about the education and name a school immediately, they do this when they do not think the family has adequately understood the law or the process, or does not think the family has support.
The family feel scared and comply, they send their child back to school, sometimes a matter of weeks after deregistering.
Luckily for some families they find us a social media accounts, they quickly become informed and stand their ground.
The info often provided to the LA before this point was not suitable and this is why the LA has concerns, it is rarely actually about the suitability of the education and more about how you provided the info. Using our report writing guide is the best way to give the details they need.
If the LA continues down the formal route, they may eventually say something like:
“We are proposing to name X school for your child.”
This is part of the School Attendance Order (SAO) process.
But this does not mean the order has been made yet.
It is simply a step in the process.
At this stage, parents still have the opportunity to demonstrate that their child is receiving a suitable education.
If suitable education is shown, the process should stop.
Some Local Authorities present this stage in a way that makes it sound final.
Parents may receive letters that strongly suggest the decision has already been made.
For families who are new to home education or unfamiliar with the legal process, this can be frightening.
Some parents assume they have already lost and rush to put their child back into school.
But legally, the process is not finished at that point.
Before a School Attendance Order can actually be made, the LA must follow several steps.
These steps exist specifically so that parents have the opportunity to:
Only after those steps can an SAO be issued.
Even then, parents still have the right to show that suitable education is taking place.
Many of the problems families experience with Local Authorities come from not understanding the legal process.
When parents know their rights and understand how the process works, they are far less likely to feel intimidated by official letters.
Often, a clear explanation of the education being provided is enough to resolve the situation.
If you receive a letter saying the LA has named a school, it does not automatically mean your child must attend that school.
It usually means the LA has either moved to the next stage of a legal process that still gives parents the opportunity to respond, or is trying it on, they are using your ignorance of the law to get you to send your child to school without following due process.
The most important thing is not to panic and not to assume the decision is already final.
Understanding the legal process around home education can make situations like this far less stressful.
Guidance on Local Authority enquiries, School Attendance Orders, and how to explain your home education provision can be found throughout our website.
Because once you understand the steps involved, a letter from the LA becomes much less frightening — and much easier to deal with.
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