Legal Information

June 11th, 2009

There has been a great deal of media coverage of the “Independent Review of Home Education”, which has taken place over the last few weeks in England. It should first be noted that this Review considered the legal situation in England, and that the recommendations contained within it would not automatically apply in Northern Ireland.

However it should also be noted that home-educators in Northern Ireland have been told that it is the intention of the Education Authorities in Northern Ireland to implement similar legislation to that which is suggested in the English Review - but without any consultation with Northern Ireland home-educating families.

Home-educators in Northern Ireland have, on numerous occasions, asked the Education Boards to supply copies of the legislation on which they base their statements about deregistration and monitoring. Despite this, no such information has been provided to these families.

We hope that those involved in any attempts to regulate, monitor or alter the legal status of home-education in Northern Ireland will do so in such a manner to engage the co-operation and support of Northern Ireland home-educators, rather than in a way which might encourage alienation or create an atmosphere of suspicion and distrust on either side.






Home Education is a legal option for every family in Northern Ireland. It is not necessary to seek permission from the Department of Education or your local Board of Education. If your child is registered at a school, you must deregister the child (by writing to the school principal); neither you nor the principal need permission from the Board or the Department of Education.

There may be an exception to this when a child who is attending a Special School - in this case the parent might need permission to deregister the child.

You do not need to hold any formal teaching qualification, or any formal qualification of any kind, to educate your children at home.

There is nothing in NI law which states that the Board of Education has the right to monitor your educational provision, to meet with your children, or to visit your home.

There is nothing in NI law which requires you to follow the National Curriculum or any other curriculum.

Some parents in NI have been told (by schools or Education Boards) that it is not legally possible to deregister a child from school. HEdNI has asked to be shown the legislation which supports this claim, but all that has been provided are documents which either or are not relevant or documents that clearly state that deregistration is possible. At least one Board has also issued guideline documents which go far beyond what it the law allows or requires. You can find more information on these issues here.

The section of Northern Ireland legislation which allows for home-education as a legal and equal option to school is:

Education and Libraries Northern Ireland Order 1986 SI 1986/594

Section 45

1. 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.

What this means is that education is the responsibility of the parent, and that the parent can choose how they provide education. The majority of families choose to fulfil their legal obligation by having their children attend school; however other forms of educational provision are available and permissible.

The following legislation is used when it appears that a parent is not fulfilling his or her obligations as outlined above:

Schedule 13 Enforcement of duty imposed by article 45
Part 1

1(1) Where it appears to a board that a parent of a child of compulsory school age in its area is failing to perform the duty imposed on him by article 45(1), the board shall serve on the parent a notice requiring him, within such period not being less than fourteen days from the service of the notice, to satisfy the board that the child is, by regular attendance or otherwise, receiving efficient full-time education suitable ….

2(1) Where, at any time whilst a school attendance order is in force with respect to a child, the parent of the child makes an application to the board by whom the order was made requesting … that the order be revoked on the ground that arrangements have been made for the child to receive otherwise than at school education suitable to his age, ability and aptitude and to any special educational needs he may have, the board shall amend or revoke the`order in compliance with the request unless it is of the opinion that

- (d) no satisfactory arrangements have been made for the education of the child otherwise than at school.

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