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The law regarding Compulsory School Age

Why do so many people believe that school is compulsory and that they need to ask permission to home educate? Maybe it has something to do with the inaccurate terminology currently being used.

This idea became pertinent when I mentioned to a friend that school is not compulsory and their reply was that of course it is and that is why it is called Compulsory School Age. I had to admit that she was making a good point.

This clearly demonstrated the impact that terminology can have. How a simple word, or order of words, can totally alter the perception of a fundamental concept. It is not surprising that there is so much confusion and misconception surrounding the legalities of education.

We all know the importance of making the distinction between home schooling and home educating. There is a clear and legal difference that separates these two approaches and we quickly learn to be mindful of our use of these terms.

However, the use of terminology with regards to “compulsory age” appears to be one that is, in fact, a mislabel. Put simply, Compulsory School Age (the school term after their fifth birthday until the end of June in the year they turn 16) does not mean that it is compulsory to attend school during this period. Rather, it is the statutory age for children to receive full time education. Of which attending school is one of a range of options, with home education being the default. Other options involve an application process and are based on an assumption that, while not all children will choose to receive their education in a school, a place will be available for every child who wishes to do so.

Once I had clarified the legal position to my friend, they expressed surprise and were then interested in the next important question. So what is considered full time education in the eyes of the law?

Education is the act of giving and receiving of information to acquire skills and knowledge. This can happen in different ways. Full time within a formal setting such as a school is defined as 32.5 hours per week, including breaks and lunch time, for 39 weeks of the year. With home education the timing is much more flexible but it is expected that the child will engage with age and ability appropriate education for a significant amount of their time.

School is an important part of many families lives, development and aims for the future and provides the structure for their family’s daily and annual timetables, with the children learning and thriving in this environment. They gain a broad education with recognised qualifications and follow a clear path through their childhood and into adulthood. They may have no need to even consider alternatives because it works well for them.

However, as we know, all children learn in different ways and at different speeds, with different strengths and challenges. Their needs might also change as they develop and mature. The most appropriate way for them to receive and engage in education might be outside of the school system. Many parents and their children find the school system does not effectively meet their needs or can even be detrimental to their well-being. Others find it simply is not working for their family’s requirements either for in the short or long term. It is understandable, given the information we receive, but also frustrating, that many people do not even realise that they have a choice about their child’s education. They might be totally unaware of resources such as the Educational Freedom Website and might have no understanding of the process and legalities and support that is available for free. And that they are able to choose to educate their child through different means at any stage in the process and for any amount of time.

So how can we change this situation so that people can make an informed choice based on all available options? There are many ways that we can have a positive input into encouraging people to look in to this option, or address issues that might dispel some of their misconception or fears. Simply saying “that’s what I thought but…” or “yes that confused me too until I checked on the Educational Freedom Website and learned…” or even “that was my biggest fear when I started out but when I joined the group I realised…”, might be the permission that they need to explore more for themselves and make an informed decision about how they wish to proceed with their educational journey.
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