All the Education Acts including ‘The Education Act 1996’ make it quite clear that education is compulsory but school attendance is not.
The duties of ‘the parents (Under section 567 of The Education Act a parent is defined as someone a) who is not a parent of the child but who has parental responsibility for him, or (b) who has care of him.) are set out as follows:
Section 7 of the Education Act 1996 (section 36 of 1944 education act) states: The parent of every child of compulsory school age shall cause him to receive efficient full-time education suitable to his age, ability, and aptitude, and to any special educational needs he may have, either by regular attendance at school or otherwise.

It is therefore the parents’ responsibility to ensure that the child is educated and it is entirely their decision whether this is at school or at home.

There is no need for the parent:

• to seek permission to educate 'otherwise';
• to have regular contact with the LA;
• to have premises equipped to any particular standard;
• to have any specific qualifications;
• to take the initiative in informing the LA;
• to cover the same syllabus as any school;
• to have a fixed timetable;
• to observe school hours, days or terms;
• to adopt the National Curriculum;
• to make detailed plans in advance;
• to give formal lessons;
• to reproduce school type peer group socialisation;
• to match school, age-specific standards

Every child learns at a different rate, matures at different stages and is capable of concentrating for varying lengths of time. Children start learning from parents, adults and siblings right from birth. No two children even within a family walk or talk at the same time. Some children are more mathematically inclined that others and each does need a very individual approach to learning. Children have their own personalities and strengths which should be allowed for in all types of education.

There will therefore be diverse approaches to home education but the principle of parental choice is essential. The most suitable educational approach may be taken by the family and hence a variety of alternatives in education is important. The law allows for this diversity.

There is nothing in the Education Act which requires any LA to monitor the provision of where a child is receiving education except in schools. The LA will only become involved if it appears that a child is not receiving a suitable education. The parent may chose to not to reply but it is usually sensible to do so. The LA has no right of entry to a parents’ home but the parent may chose to give the authority re-assurance in one or more of the following ways:

• a written report,
• samples of work,
• a meeting at their home, with or without the child being present,
• a meeting elsewhere, with or without the child,
• an endorsement of the educational provision by a recognised third party.