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    Education is compulsory - school attendance is not

    The freedom to educate children at home forms an intrinsic and essential element of educational provision in our society, a right which has been protected by a succession of Education Acts. The law is clear that while education is compulsory, school attendance is not.

    Education Law

    The fundamental piece of legislation regarding education in England and Wales is the Education Act 1996 (previously 1944 Education Act).
    The only relevant sections are: (emphasis added)

    Parental Duties:

      Section 7
      "The parent of every child of compulsory school age shall cause him to receive efficient full-time education suitable ;

      a) to his age, ability, and aptitude, and
      b) to any special educational needs he may have,

      either by regular attendance at school or otherwise."

    LEA Duties:

    The LEA's duties and powers in relation to home-educated children are contained in the Education Acts, 1944 to 1996. These are fully set out in Sections 437 to 443 of the 1996 Act and (except in relation to special educational needs) are limited to the provisions of those sections.

      437. - (1) If it appears to a local education authority that a child of compulsory school age in their area is not receiving suitable education, either by regular attendance at school or otherwise, they shall serve a notice in writing on the parent requiring him to satisfy them within the period specified in the notice that the child is receiving such education.

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