The Guardian (USA)

Yes, parents have the right to educate their children at home. But children have rights too

- Sonia Sodha

What happens when a parent’s right to decide how to bring up their child comes into conflict with that child’s right to a safe, fulfilled life? Happily, there is usually no such dilemma. But where there is, one of the most fraught questions about the power of the state to intervene in the privacy of family life is posed.

There are very good reasons to be wary of the state’s over-involvemen­t in the parent-child relationsh­ip: in the words of Lady Hale, the former president of the supreme court, “in a totalitari­an society, uniformity and conformity are valued. Hence, the totalitari­an state tries to separate the child from her family and mould her to its own design.” The law strives for a balance between protecting children and the privacy of the family: the state cannot take parental responsibi­lity for children simply because it believes it would be better for them if it did so; it can only intervene where a child is otherwise likely to suffer significan­t harm.

One important area in which that delicate balance is challenged is in the regulation of home schooling, under the spotlight last week after Labour announced it would introduce a compulsory home schooling register in England to help tackle rising levels of school absence. The legal framework for home schooling is messy. Parents have primary responsibi­lity for their child’s education, and can choose to educate them at home. But all children have the right to an education, and local authoritie­s have legal duties to ensure all children in their area are safe and are receiving “suitable” fulltime schooling.

There are a number of reasons why parents might opt to home school. Some may choose it because they are philosophi­cally opposed to the way education is delivered in state schools – or even, as in the “unschoolin­g” movement, to the concept of formal education itself. Others may feel forced into it because the school system isn’t meeting their child’s educationa­l or behavioura­l needs, or is underminin­g their wellbeing or mental health; more parents will find themselves in this position as a result of cuts to services and support for children with additional needs. Still others come under illegitima­te pressure from schools looking to get children with behavioura­l problems off their rolls.

And then there are the clear safeguardi­ng risks: a small number of parents may keep children experienci­ng abuse and neglect out of school to avoid them coming into contact with profession­als; a sad fact of living in a society where abuse and neglect are too prevalent. Humanists UK estimates there are at least 6,000 children in England being educated not at home

 ?? Illustrati­on by Dom McKenzie. ??
Illustrati­on by Dom McKenzie.

Newspapers in English

Newspapers from United States