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Home Education: draft guidance and the consultation

Volume 646: debated on Wednesday 12 September 2018

The petition of residents of West Worcestershire,

Declare that the “Home Education—Call for Evidence and revised DfE guidance” has been written following significant consultation with local authorities and no consultation whatsoever with the home education community; further that the consultation is consequently for little more than show as an intention to implement the content has already been stated: further that it seeks to encourage local authorities to breach the ECHR Article 8 and the GDPR; and further that the report provides no accessible means for a parent to address ultra vires behaviour by their local authority, where many of those authorities already act routinely in an ultra vires manner.

The petitioners therefore request that the House of Commons urges the Government to withdraw the draft guidance and the consultation, until it has put in place an accessible and workable complaints procedure and further has consulted with home educating parents, as it has with Local Authorities, what the contents should include.

And the petitioners remain, etc.—[Presented by Harriett Baldwin, Official Report, 11 September 2018; Vol. 646, c. 21P.]


Observations from the Minister for School Standards (Nick Gibb):

The consultation “Home Education—Call for Evidence and revised DfE guidance” closed on 2 July 2018. The relevant documents can be found at:

As well as the call for evidence, the consultation includes draft versions of two guidance documents on the current arrangements for home education. These are intended to replace the Department for Education’s current non-statutory guidance for local authorities, which is to be found at:

The Department discussed home education with stakeholders in the normal course of business up to the launch of the consultation on 10 April.

All responses to the consultation will be considered before publishing the finalised guidance documents. At no point has the Department stated an intention to publish them as final versions without revision in the light of responses received to the consultation.

Representations on whether the contents of the two draft guidance documents breach Article 8 of the European Convention on Human Rights (right to private and family life) or the provisions of the General Data Protection Regulation (as embodied into UK law in the Data Protection Act 2018), will be taken into account as we consider responses to the consultation.

The documents in their draft form contain no reference to remedies for behaviour by local authorities. This is because no special provision for this is necessary in respect of home education. The Education Act 1996 already contains general provisions for this purpose relating to local authorities. However, the Department will consider whether the finalised versions of the guidance documents should contain specific information on this.

This Department does not recognise the suggestion that consultation has been flawed or inadequate. Several thousand responses, the majority of which have come from home educating families, have been received, as well as a substantial petition, and there has been considerable opportunity for detailed comment and input from such families. Following the consultation and consideration of the responses, the two guidance documents will be published in the autumn of 2018 in their revised and finalised form. In addition, a formal Government response document analysing responses to the call for evidence, and setting out next steps, will also be published in the autumn of 2018.