The Children, Education and Families Policy Development and Scrutiny Committee was scheduled to receive a briefing on Elective Home Education (EHE) in Bromley. The briefing paper provided an overview of the legal framework, the council's responsibilities, and current monitoring arrangements for children educated at home.

Elective Home Education Briefing Paper

The report scheduled for discussion outlined the legal framework surrounding Elective Home Education (EHE) in Bromley. It explained that EHE is defined by the Department for Education (DfE) as education provided by parents at home, distinct from tuition or education provided by the council. The briefing paper highlighted that parents have a legal right to educate their children at home, as established by the 1996 Education Act, which mandates parents to ensure their child receives 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. ¹

The council's role, as detailed in the briefing, is to respond to concerns about children not receiving a suitable education and to offer support and information to parents. It is not the council's role to dictate how parents should educate their children. The briefing paper also covered the council's statutory responsibilities, including making arrangements to identify children not receiving a suitable education and making enquiries where concerns arise.

The report provided data on the EHE cohort in Bromley, noting that tracking numbers is complex due to the fluid nature of families moving in and out of home education. It indicated that for the academic year September 2025 to April 2026, there were 619 children registered as electively home educated, an increase from previous years. The briefing also touched upon safeguarding arrangements, stating that EHE itself is not a safeguarding concern, but the service works closely with other Children's Services departments where safeguarding issues arise.

A significant portion of the briefing paper focused on the use of Section 437(1) notices under the Education Act 1996. This section of the Act places a statutory duty on Bromley Council to serve a formal notice when it appears a child is not receiving a suitable education, requiring parents to satisfy the council of the education being provided. The report detailed a three-stage statutory process for issuing these notices, designed to be proportionate and allow parents the opportunity to provide information. The data presented showed that in a substantial number of cases, parents respond to these interventions by providing sufficient information to demonstrate suitable education is being delivered.

The briefing also anticipated the impact of the Children's Wellbeing and Schools Act 2026, which received Royal Assent on 29 April 2026. This new legislation is expected to introduce a statutory national register of Children Not in School and additional safeguards before de-registration from a school, particularly for vulnerable children or those with complex needs. Bromley Council indicated it would review and update its local arrangements once further details of the secondary legislation and statutory guidance are published.