What is a Suitable Education?

 “Efficient” and “suitable” education are not defined in the Education Act 1996 but “efficient” has been described in case law as an education that “achieves that which it sets out to achieve”, and a “suitable” education is one that “primarily equips a child for life within the community of which he/she is a member, rather than the way of life in the country as a whole, as long as it does not foreclose the child’s options in later years to adopt some other form of life if he wishes to do so and to be capable of living on an autonomous basis as far as he or she chooses to do so.

What does a 'Suitable Education' look like?

Parental Choice

 

How a parent chooses to educate their child is up to them as outlined in s9 Education Act 1996 unless there is an Order in place that overrides this right. 

 

Most parents will choose to send their child to a maintained school but some parents choose to send their child to an Independent School or educate them otherwise than at school. This is known as Elective Home Education.

 

In some cases children for shorter or longer periods of time may not be able to attend school or access their education for reasons beyond the parents and/or child's control. in these instances Local Authorities have duties for the provision of education and must not be confused with Elective Home Education.

 

Click on the links below to find out more about educational arrangements in England.

 

The Law

 

S7 Education Act 1996 places a duty on the parent of every child, of compulsory school age, to ensure their child receives a suitable and efficient (achieving what is is set out to achieve) education in accordance with their age, aptitude, ability and any special educational needs they may have, either by regular school attendance or 'otherwise'.

 

Compulsory school age is the term after the child's 5th birthday e.g. if they are 5 on 17 January they would be of compulsory school age on 01 April of that academic year.

 

Definition

 

Regular school attendance is attending school for every day the school is open (22-25 hours of learning per week for public schools and at least 18 hours per week for Independent Schools).

 

The term 'Otherwise' refers to education either arranged by parent (Elective Home Education) or that provided by the Local Authority under s19 of the Education Act 1996 or s61 Children and Families Act 2014. 

 

Provision made under this term is usually on a one-to one basis so may be more or less than the time spent at school depending on the arrangements made.

 

 

Regular School Attendance

Education Otherwise Arranged by The Local Authority

Education Otherwise Arranged by Parent (Elective Home Education)

If a child is not able to access a full-time equivalent education then part-time can be provided as long as it is in the child's best interest. A decision in which only the Local Authority can make.

 

Did you know?

 

Local Authorities must carry out their functions with a view to identifying and assessing children who have or may have Special Educational Needs and/or a Disability (s22 Children and Families Act 2014). Some Local Authority policies for carrying out this duty can be unlawful so it is essential that if you think your child has additional needs to speak with your Local Authority AND seek support from other organisations.

 

Every Local Authority is required by Part 3 of the Children and Families Act 2014 to provide information, advice and guidance to families of children who have or may have SEND and/disability; the Special Educational Needs Code of Practice (2015) states this must be impartial and at arm's length from the Local Authority. 

 

This service be commonly known as SENDIASS (Special Educational Needs and Disability Information, Advice and Support Service although there are variations on this depending on the Local Authority. You should contact your Local Authority to know how to get in touch with them. Find your Local Authority here.

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