Section 7 and home education in plain English

Section 7 of the Education Act 1996, the provision governing a parent's education duty, places legal responsibility for a child's education on the parent and permits home education.

This essay provides information, not legal advice. For advice about a specific situation, speak to a solicitor with home-education experience. The central question is what counts as a suitable education.

What does Section 7 of the Education Act 1996 say?

The text of Section 7 of the Education Act 1996 is short:

"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."

In plain English, the duty rests with the parent. The parent must ensure that the child receives an efficient, full-time and suitable education, whether at a state or independent setting or at home. Choosing a setting does not transfer the duty; no one else holds it. The words "or otherwise" provide the statutory basis for home education and have appeared in Education Acts since the nineteenth century.

What is the local authority's role in home education?

Under Section 437 of the same Act, the provision governing local authority intervention, a local authority must act if it appears that a child of compulsory age is not receiving a suitable education. Officers may enquire into suitability, but they cannot approve the arrangements. The Department for Education's guidance describes a proportionate enquiry, conducted in writing or in person.

You do not have to follow the national curriculum, keep formal records, teach at set hours or use a prescribed method. You do not have to invite an officer into your home; you may meet on neutral ground or provide a written summary. If your child has never been registered with a state setting, you do not need to notify the local authority.

An officer who treats your arrangements as requiring approval has misunderstood the legal position.

What does "suitable" mean in practice?

Section 7 uses the word suitable, but gives no numerical definition: there is no hours-per-week figure, list of subjects or required reading age. What is suitable will differ for a child of seven, a child of eleven and a child with dyslexia.

Case law, judicial decisions that explain how statutes apply, gives the working meaning. The most-cited test, from Harrison and Harrison v Stevenson (1981), read "suitable" as an education that prepares the child for life in a modern civilised society and enables her to achieve her potential. R v Secretary of State for Education and Science, ex parte Talmud Torah Machzikei Hadass School Trust (1985) added that suitability should be understood in light of the child's cultural and religious background.

In practice, "suitable" means education fitted to the child. It rests on the parent's reasonable judgement, supported where necessary by evidence of what the child is learning. An EHE officer, a local authority officer working in Elective Home Education, may ask whether the education suits your child's age, ability and aptitude. The question is not whether it resembles a local state timetable. A GP's concerns about socialisation have no statutory standing here.

What is the Elective Home Education framework?

Elective Home Education is the Department for Education's administrative label for education arranged by parents at home. Local authority EHE teams handle enquiries and offer advice.

The framework is administrative, and its tone varies between authorities. Its statutory basis is Section 7. The DfE guidance is non-statutory for parents. If the guidance and the statute appear to conflict, the statute has greater authority.

How is home education different from an unregistered school?

Home education is arranged by a parent. An unregistered school is an institution that meets the statutory definition in the Education and Skills Act 2008 but has not registered. The three statutory triggers are explained in home-education centre versus unregistered school. The eighteen-hour threshold is explained in what 18 hours means. A parent using a part-time support setting keeps the Section 7 duty. Alamiyah Home Education Centre operates on that basis.

Where does Alamiyah Home Education Centre fit?

Alamiyah Home Education Centre is a support setting chosen by home-educating parents. We do not take on your Section 7 duty or legal responsibility for your child's education. You remain the educator of record.

Members may attend for up to sixteen hours a week: four morning sessions from Monday to Thursday, each ending before lunch. Friday is not a session day. The ceiling is two hours below the Department for Education's eighteen-hour working threshold. We publish it and audit it against our attendance register.

We do not accept children with an Education, Health and Care Plan, a statutory plan for a child's additional needs. Under the unregistered-settings regime, one child with an EHCP can place a setting within the institutional threshold. We therefore direct families whose children have EHCPs to properly registered settings. See the your legal position page. our approach explains the centre's choices.

Where can I find advice about home education?

The following long-established home-education organisations offer general guidance and are not affiliated with Alamiyah.

• Education Otherwise: has supported home-educating families since 1977 and offers a helpline and guidance on law and policy.
• Home Education UK: offers primary-source legal references and an overview of case law.
• Ed Yourself: offers practical guidance by Fiona Nicholson, including help when an EHE officer has written.

For a contested or formal matter, seek paid legal advice from a solicitor with home-education experience.

A note on this page

This page provides information, not legal advice. The primary sources and case-law references are linked so you can read them. We keep this page current and dated.