Part IVOther provisions about school education

Home-school agreements

111Supplementary provisions about home-school agreements

1

In discharging any function under section 110 the governing body of a school shall have regard to any guidance given from time to time by the Secretary of State.

2

If the Secretary of State by order so provides, the governing body of a school to which subsection (1) of that section applies shall ensure that any form of words—

a

specified in the order, or

b

having such effect as is so specified,

is not used in a home-school agreement or (as the case may be) in a parental declaration.

3

An order under subsection (2) may apply—

a

to any school specified in the order, or

b

to any description of school so specified.

4

Neither the governing body of a school to which section 110(1) applies nor the local education authority where it is the admission authority for such a school shall—

a

invite any person to sign the parental declaration at a time when the child in question has not been admitted to the school;

b

make it a condition of a child being admitted to the school that the parental declaration is signed in respect of the child; or

c

make any decision as to whether or not to admit a child to the school by reference to whether any such declaration is or is not likely to be signed in respect of the child;

and in this subsection “admission authority” has the meaning given by section 88(1).

5

No person shall be excluded from such a school or suffer any other adverse consequences on account of any failure to comply with any invitation to sign the parental declaration.

6

A home-school agreement shall not be capable of creating any obligation in respect of whose breach any liability arises in contract or in tort.