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The Law Relating to Home Education
on the |
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School is not Compulsory |
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The law relating to
Home Education is broadly similar to that of England and Wales.
The primary legislation can be found in the Education
Act 2001. |
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Section 24 of the Act
allows education otherwise than at school and states: |
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1. |
It is the duty of the parent of every child of
compulsory school age to cause him to receive suitable education,
either by regular attendance at school or otherwise.
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2. |
The Department shall enforce the duty imposed
by subsection (1).
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3. |
In this part |
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"school", in relation
to a child of compulsory school age who has attained the age of
14 years and for whom education is provided at a college, includes
a college; |
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"suitable education",
in relation to a child, means efficient full-time education suitable
to his age, ability and aptitude and to any special educational
needs he may have. |
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Therefore, it is also
legal to home educate a child with special educational needs unless
attending a special school as stated in Section 16. |
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Compulsory school age
is between the ages of 5 and 16 on the Isle of Man. |
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Section 16 (2) states
that children may be withdrawn from school and that the Head Teacher
is responsible for deleting the child's name from the register.
It also states in this section that a child in a special school
requires permission from the Department of Education before he/she
can be deregistered. |
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| There is nothing in the legislation which demands a particular type of evidence or education, so any form of education from autonomous to 'school at home' should be acceptable. If it appears to the Education Department that the child is not receiving a suitable education they do, under Section 25 have the right to require a child be submitted for examination or assessment; this is different from the law in England and Wales. |
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1. |
If it appears to the Department that a child of
compulsory school age in the Island is not receiving suitable education,
either by regular attendance at school or otherwise, it shall serve
a notice in writing on a parent of the child requiring him to satisfy
it within the period specified in the notice (not being less than
15 days beginning with the day on which the notice is served) that
the child is receiving such education. |
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2. |
A notice under subsection (1) may require the
parent on whom it is served to submit the child for examination
or assessment for the purpose of the notice. |
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3. |
If - |
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a) a parent on whom a notice has been served under
subsection (1) fails to satisfy the Department, within the period
specified in the notice, that the child is receiving suitable education,
and |
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b) in the opinion of the Department it is expedient
that the child should attend school, |
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If, after various giving
the parents a chance to submit evidence of a suitable education
and/or not being satisfied with the results of an examination or
assessment, the Department may issue a School Attendance Order.
The issuing of a School Attendance Order does not stop the parent
from applying to the Department for the Order to be revoked because
education is being provided otherwise (Section 27). If the evidence
of provision is satisfactory, the SAO should be revoked. |
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