EHE and The Law

The responsibility for a child’s education rests with their parents. In England, education is compulsory but school is not.

Article 2 of Protocol 1 of the European Convention on Human Rights states that:

“No person shall be denied the right to education.  In the exercise of any functions it assumes in relation to education and to teaching, the State shall respect the right of parents to ensure such education and teaching is in conformity with their own religious and philosophical convictions.”

All parents/carers can choose to educate their children at home should they wish to do so. Section 7 of the Education Act 1996 states that:

“The parent of every child of compulsory school age shall cause him/her to receive efficient full time education ……”

Associated Policies and Procedures: 

• Elective Home Education Policy - August 2020
• Children Missing Education Policy – December 2020

Legislation:

• Article 2 of Protocol 1 of the European Convention on Human Rights
• Section 7 of the Education Act 1996
• The Education (Pupil Registration) Regulation 9(2) 1995
• Section 319 of the Education Act 1996
• Section 436A of the Education Act 1996 (inserted by the Education and Inspections Act 2006)
• Section 437 of the Education Act 1996
• Section 175(1) of the Education Act 2002
• GDPR – Article 8 of the ECHR
• Education Pupil Registration Regulations 2006