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New home education guidance for Wales was published in January 2017 which you can read here http://gov.wales/topics/educationandskills/schoolshome/pupilsupport/elective-home-education-guidance/?lang=en There are some big improvements on the version which went out to consultation a couple of years ago, even though at first sight it looks quite similar. There is much less of a suggestion that the LA must talk to children to find out if they agree with their parents, and the annual monitoring section has been taken out. I have made a line by line comparison here http://edyourself.org/articles/welshconsultation2015.php
We are specifically reminded that the guidance is non-statutory which is less strong than statutory guidance, more about suggestions and recommendations than directing local authorities. The law would have to be changed before the Government could issue statutory guidance and it is incredibly unlikely that the Welsh Government would take this step; the non-statutory guidance will be as far as it goes. The Welsh Government says the new Home Education Guidance is part of a package of measures related to children outside school. We already know that the Labour-led Welsh Government and the Conservative main opposition party reject the Children’s Commissioner’s call for compulsory registration and monitoring. Both parties say that the new Social Services and Wellbeing Act provides a strengthened legal framework for safeguarding children. I explain more about this here http://edyourself.org/articles/eheguidance2017wales.php
Main points New Guidance
General
- Parents can go to Parent Partnership if there are disagreements with school.
- Parents are not required to register or seek approval from the LA to home-educate their children
- The LA should ensure that all aspects of potential education otherwise than at school are explored with the family
- LAs should analyse the reasons parents give for taking children out of school to home educate
- The LA should have a named contact to provide advice and support to home-educating families
- LAs should have a written policy on home education which has been prepared in consultation with home-educating families
- LAs should seek to develop positive working relationships with home-educating networks and groups in their area
- LAs should adopt an understanding and supportive approach with home-educating families so that parents may be more willing to engage
- LAs have a duty to make arrangements where possible to identify children not receiving a suitable education
- A school attendance order applies in cases when a parent of a child of compulsory school age fails to prove that the child is receiving suitable education and where the authority believes the child should attend school
- During truancy sweeps no further action should be taken where children indicate they are home-educated unless there is a reason to doubt that this is the case
Deregistration and After
- The following steps could (not “should” or “must”) be taken when a family has decided to home-educate:
- Parent writes to headteacher regarding their decision to home-educate and request that their child is taken off the school roll
- The child’s name must be removed from school roll when the school receives written notification from the parent (unless it is a special school)
- Headteacher notifies local authority.
- An initial meeting between LA and family is recommended to discuss provision and any advice and support and where parents elect not to meet LA officers in their home, alternative arrangements should be sought.
- Meetings are an opportunity to provide information and support to home-educating families, to listen and respond to any concerns they have.
- Meetings also provide an opportunity to discuss the views of home-educated children and young people regarding the education they are receiving, their preferences, aspirations and ambitions.
- If the family does not wish to meet with the LA, the LA should consider whether there are any issues which are cause for concern, and if the LA does NOT have concerns about child’s education and/or welfare, the LA could consider writing to the family every 6 –12 months.
Annual Contact
- It is recommended that the LA seeks to make contact with home-educating families at least once a year. Contact with the family should normally be made in writing and should seek a meeting or request a written update.
- LA officers may wish to (not “must” or even “should”) ask families for specific examples of learning, e.g. pictures, paintings and models, diaries of educational activity, projects, assessments, samples of work, books or educational visits.
- After any discussion with the family the LA should prepare a report, copied to the family, stating whether the LA has any concerns about whether a suitable education is being provided, and detailing any recommendations made by the LA and any actions to be taken by the LA on behalf of the parents.
Safeguarding
- A parent’s decision to home-educate should not in itself be grounds for concern about the welfare of the child. However, there may be additional circumstances eg • where a child or family member has been identified as being in need • where a child or family member has been referred to social services or the police for child protection reasons, and the matter is being investigated • where a child or a sibling is on the child protection register • where a child or family member has been referred on care and protection grounds, and the referral is being considered • where a child is the subject of a supervision requirement • where a child is known to be a carer • where a child has not been seen for some time by any of the universal services • where a member of the public raises concern about a child’s welfare • where a family isolate themselves from routine services and healthcare.
- The Social Services and Well-being (Wales) Act 2014 provides a strengthened legal framework for safeguarding children and has introduced a ‘duty to report’ to the LA and defines a ‘child at risk’. Staff across the LA, health and police must report concerns to the LA where they have reasonable cause to suspect a child to be at risk of or experiencing abuse, neglect or harm.
- The LA must provide people with information and advice relating to care and support, and assistance in accessing care and support and must promote early intervention and prevention
- The All Wales Child Protection Procedures highlight the required approach in working with families in instances where there may be child welfare concerns.
- LAs should have agreed systems, standards and protocols for sharing information about a child and their family within an agency and between agencies, see http://www.waspi.org/